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Fairdeal Marine Services, Fujairah, U.A.E Vs. M.V. PELEAS K and others, 2007, 36 CLC (HCD)

....e to consider the above grounds raised by the Opposite Party No.5 against the execution of the Decree. Given that these defences and grounds could have been agitated by the Opposite Party No.5 at the time of the hearing of the Suit and, thereby, at that more appropriate stage giving this Court an op......mentioned and specified in Schedule 'A' to the application is hereby necessarily recalled and vacated. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 17.    ..

Category: Admiralty Law or Maritime Law | Date: 6 Dec, 2007 | Hits: 19

AKM Reazul Islam and others Vs. State, 2007, 36 CLC (HCD)

....ϞāϤ āĻŦāĻž āĻŸā§āϰāĻžāχāĻŦā§āϝ⧁āύāĻžāϞāσ” during “āĻ…āύ⧁āϏāĻ¨ā§āϧāĻžāύ, āϤāĻĻāĻ¨ā§āϤ āĻ“ āĻŦāĻŋāϚāĻžāϰ”āĨ¤ Again, although rule 15 Ga has specified a maximum time limit of 60 days for conclusion of investigation, but rule 15 Ga or other provisions of the Rul......o.1, Lalpur, Natore to the satisfaction of the learned Chief Judicial Magistrate, Natore. Communicate this order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 111. ..

Category: Anti-Corruption Laws | Date: 3 Dec, 2007 | Hits: 139

Mainul Alam Vs. Anjera Begum, 2007, 36 CLC (HCD)

...., for disposal. 2. On behalf of the review-petitioner, the learned Advocate Mr. M Khaled Ahmed submitted that he missed the list due to the illness of his clerk and could not be present at the time of hearing of the Miscellaneous case. He further submitted that had he been present, he could ...... retransferred to the Court of the Senior Assistant Judge, Bhola. Intimate both the Courts below for necessary action. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 935.  ..

Category: Procedural Law | Date: 27 Nov, 2007 | Hits: 2

Bengal Glass Works Limited Vs. Customs, Excise and VAT Appellate Tribunal, Jotsna Complex, 2007, 36 CLC (HCD)

....s however found in support of such affidavit. 18. Only issue facing us for decision in this writ petition is as to whether the petitioner was entitled to credit the input VAT that it paid at the time of import of the materials, spares and goods for expansion of the capacity of the furnace of it......78,40,997.85 by crediting the sum to the Current Account of the petitioner. Send down the lower court's record at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 18. ..

Category: Fiscal/Taxation Law | Date: 26 Nov, 2007 | Hits: 9

Mrs. Zakia Doha Vs. Rajdhani Unnayan Kartipakha, 2007, 36 CLC (HCD)

....andlady and pay rent to her by vir­tue of the declaration of the deed of gift dated 14.12.1970. The officers of the Indian High Commission requested the petitioner and her sister to wait for some time to complete the formalities under intimation to the Govern­ment of India. However, on 25.05......hout any order as to costs. 40. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009)  254. ..

Category: Abandoned Properties Law | Date: 15 Nov, 2007 | Hits: 6

Fazlu Alias Fazla Vs. State, 2007, 36 CLC (HCD)

.... with victim Lipa. He further stated that instan­taneously he caught Fazlu but Fazlu started scuffling with him and at one stage Alauddin and Bhabator were passing through the road but in the meantime Fazlu could manage to flee away. Thereafter he informed the incident to Alauddin and Bhabotor ......et at liberty forthwith if not wanted in connection with any other case. Sent down the lower court's record at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 659. ..

Category: Women and Children | Date: 5 Nov, 2007 | Hits: 14

Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)

....appellants submits that he has no other ground to seek bail except the ground of long pretrial detention. It is pointed out that the accused persons have right to get justice within a rea­sonable time, otherwise the Court should not hesitate to release him from custody on bail. With reference t......s the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 209.    ..

Category: Criminal Law | Date: 26 Sep, 2007 | Hits: 7

Muktijoddha Bahumukhi Samabaya Samity Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....ket which was subsequently settled after negotiation. A meeting of the shop allot­ment committee of the Corporation was held on 9-10-2005, regarding allotment of shops in the said market. In the meantime total 3054 shops were allotted amongst 17 Societies except the quota reserved for Mayor (Anne-x...... āϜāĻžāϰ⧀āĻ•ā§ƒāϤ āϰ⧁āϞāϟāĻŋ āĻ–āϰāϚāĻž āĻŦā§āϝāϤāĻŋāϰ⧇āϕ⧇ āĻā§āϝāĻžāĻŦāϏāϞāĻŋāωāϟ āĻ•āϰāĻž āĻšāχāϞāĨ¤ Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 418. ..

Category: Civil Law | Date: 20 Sep, 2007 | Hits: 43

Abul Khair Condensed Milk and Beverage Ltd. Vs. Commissioner of Customs and others, 2007, 36 CLC (HCD)

....ives a serial number which is known as Registration Number or BE number (Bill of Entry Number). The operator takes out 3 copies of print of the Bill of Entry with the said number. In this way, at the time of registration of the Bill of Entry the name of the Appraiser or officer of Customs who will a......omes due after such final assessment is paid in cash within a period of two months of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 555. ..

Category: Fiscal/Taxation Law | Date: 17 Sep, 2007 | Hits: 66

Salima Akter Niluma Banu Vs. Shahin Shakhider and others, 2007, 36 CLC (HCD)

....stion of maintainability which does not come within the four walls of the provisions of Order VII Rule-II of the Code and this question of maintainability can be agi­tated by the defendant at the time of hear­ing of the suit." 9. The learned Counsel lastly submits that the learned ......6(six) months from the date of receipt of this judgment and order. Send down the records of this case at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 140.   ..

Category: Civil Law | Date: 12 Sep, 2007 | Hits: 3

M. A. Jaher and others Vs. Sonali Bank and others, 2007, 36 CLC (HCD)

....it petitioner was passed in accordance with law. We find no-illegality in the impugned order and hence this rule is discharged on contest without any order as to costs. The stay order passed at the time of issuance of rule stands vacated. 7. The petitioners are directed to surrender before ......r before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 64. ..

Category: Civil Law | Date: 11 Sep, 2007 | Hits: 6

Nazir Hossain (Md.) Vs. Zubaed Md. Adel and others, 2007, 36 CLC (HCD)

....Md. Adel and others.....................Opposite Parties Judgment September 5, 2007. Result: The Rule is discharged. When eye-witnesses contra­dict as to manner, place and time of occurrence, then a clear case of benefit of doubt is well established on the prosecution c......7-2003. In the result, this Rule is discharged. Communicate this order at once. Send down the lower Court records. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 849. ..

Category: Criminal Law | Date: 5 Sep, 2007 | Hits: 8

Mosharraf Hossain (Md.) Vs. Bangladesh Bank and another, 2007, 36 CLC (HCD)

....t petition. The Bank contends that the money changer licence was issued with specific terms and conditions; that the licensed institution must follow the rules and regulations issued by the Bank from time to time: that FE Circular No.18 of 2000 was duly distributed among the authorised dealers for c......find no merit in this Rule. Accordingly, the Rule is discharged without any order as to costs. The order of stay stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008)98. ..

Category: Banking Law | Date: 3 Sep, 2007 | Hits: 403

BRAC Printers Vs. Chairman, First Labour Court and another, 2007, 36 CLC (HCD)

.... election of Collective Bargaining Agent, (CBA) for two consecutive terms such as 1996-1997 and 1998. He acted as the bargaining agent with the management to achieve the demand of the workers at that time. 7. In Writ Petition No.8121 of 2005, respondent No.2 filed Complaint Case No.44 of 2000 i......arged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 25. ..

Category: Labour and Industrial Law | Date: 28 Aug, 2007 | Hits: 19

Isahaque Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)

....icularly those in favour of the accused, should be placed before the Court. It is a course not obligatory on the Public Prosecutor to examine any number of witnesses on the same point regardless of time. The failure of the accused to produce evidence does not relieve the Public Prosecutor of his ......e, who are already on bail by this Division, are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ..

Category: Criminal Law | Date: 16 Aug, 2007 | Hits: 9

State Vs. Tipu Gazi and others, 2007, 36 CLC (HCD)

....172 of 2005 has adopted the arguments advanced by the learned senior advocate Mr. Yusuf Hossain Humayun. 12. Mr. Md. Abu Bakar Siddique, the learned Deputy Attorney-General, has submitted that the time, place and manner of occurrence as given in the prosecution case has been proved beyond any rea...... once, if not wanted in any other connection. Send down lower tribunal records along with a copy of this, judgment expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 516. ..

Category: Criminal Law | Date: 15 Aug, 2007 | Hits: 26

Mrs. Fatema Begum Vs. State, 2007, 36 CLC (HCD)

.... any evidence or material produced by the complainant at the enquiry not the oral testimony or any material adduced on behalf of the defence, being defence version which can be considered only at the time of trial and as such cannot be entertained by the Enquiry officer at the enquiry. The Enquiry o......om the date of receipt of this order in accordance with law after giving opportunity of hearing to the complainant petitioner. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 502. ..

Category: Women and Children | Date: 13 Aug, 2007 | Hits: 21

Islam Enterprise Vs. Commissioner of Taxes and another, 2007, 36 CLC (HCD)

....karul Haq Vs. The Income Tax Officer, Bahawalpur; the Supreme Court of Pakistan also adopted aforesaid case of Maharana Mills Ltd. It held that, "This section empowers an Income tax officer at any time within four years from the making of an assessment order, of his own motion to rectify any mist......e applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 425. ..

Category: Fiscal/Taxation Law | Date: 9 Aug, 2007 | Hits: 31

State Vs. Saidul and others, 2007, 36 CLC (HCD)

....ocedure Mr. Jagannath Das, Metropolitan Magistrate, Dhaka on 9-4-2002 recorded the dying declaration of victim Iran in the Dhaka Medical College Hospital but since victim Iman was unconscious at that time his dying declaration could not be recorded. 35. Having taken up investigation of the case......ted in connection with any other case. Let the Lower Court Record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 739. ..

Category: Criminal Law | Date: 9 Aug, 2007 | Hits: 25

Mosammat Momina Begum Vs. Additional District Judge and Bankruptcy Court, Dhaka and others, 2007, 36 CLC (HCD)

....ng defendant No.2 and Respondent No.4 in this writ petition. The petitioner stated in the writ petition that on 18.10.1999 the receiver came to her house and on that date the petitioner for the first time came to know about the claim of the bank as well as the Judgment and decree dated 13.09.1999 pa......ny order as to costs. The order of stay granted at the time of issuance of the rule stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 29. ..

Category: Banking Law | Date: 9 Aug, 2007 | Hits: 565