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Abdul Motaleb and others Vs. Customs, Excise and VAT Appellate Tribunal, 2011, 40 CLC (HCD)
.... to be on a different footing and cannot be equated in a generalized manner. Therefore, in the case in hand the ratio of 60 DLR does not apply. 14. On the conspectus, we hold that nothing short of prior compliance of section 55 of the VAT Act, the VAT authority by any stretch of imagination canno......tice dated 14-2-2008 (Annexure-C) is also declared to have been passed and issued without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 100. ......tice dated 14-2-2008 (Annexure-C) is also declared to have been passed and issued without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 100. ..Category: Fiscal/Taxation Law | Date: | Hits: 135
Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)
....3 of the Act." 43. The Appellate Division was unable to find fault with or take exception to the views so expressed. The Appellate Division held that the facts which were required to be determined prior to correcting the record-of-rights by a proceeding under section 143 of the Act involved the e...... to the extent of 5.17 acres as it originally stood. Communicate this Judgment to the Land Appeal Board (respondent No.1) at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 511. ...... to the extent of 5.17 acres as it originally stood. Communicate this Judgment to the Land Appeal Board (respondent No.1) at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 511. ..Category: Property Law | Date: | Hits: 115
Dutex Enterprise Co. Ltd. Vs. RMS Textile and Apparels Ltd. and others, 2010, 39 CLC (HCD)
....Law Report 554 held: "It seems to us clear that, where payment has in fact been made, the bank's knowledge that the demand made by the beneficiary on the performance bond was fraudulent must exist prior to the actual payment to the beneficiary and that its knowledge at that date must be proved. A......mport bills he requested the L.C. opening bank i.e. defendant Nos.8 and 9 not to make payment against the import bills of defendant nos.3-7 and to stop payment of the concerned import bills until his clearance, but with no effect. Hence this suit. 4. In suit, plaintiff by an application dated 21-......ssible, preferably within six months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 393. ..Category: Business or Commercial Law | Date: | Hits: 365
....r support our view inasmuch as it has been observed in this judgment as under:
"In the instant case the provision of the section 28 can not be applied inasmuch as the limitation of 6 years expired prior to promulgation of the new Act, Artha Rin Ain 2003 the same principle is also applicable in th......ischarged without any order as to cost.
The order of stay stands vacated.
Communicate the judgment to respondent No.2 at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 359.
......ischarged without any order as to cost.
The order of stay stands vacated.
Communicate the judgment to respondent No.2 at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 359.
..
Category: Civil Law | Date: | Hits: 85
Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)
....on against the accused petitioner is that he issued a latter of disclaimer to the Bank on 06.01.1996 and in clauses (IV) and (V) of the latter of disclaimer stated as follows: "IV. Except with the prior permission in writing signed by duly authorized officer of the bank, not to allow the removal ......itled to get any relief as prayed for. Hence the rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 353. ......itled to get any relief as prayed for. Hence the rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 353. ..Category: Procedural Law | Date: | Hits: 79
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
....anted an assurance from Siemens that they should give an undertaking on behalf of the Contech Ltd. to make the payment of their share of the money directly to the bank and this negotiation took place prior to the sanction of the loan and there was correspondence between the bank, Contech Ltd. and Si......is directed to dispose of the suit within 3(three) months from the date of receipt of this order in the interest of all the parties. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 133. ......is directed to dispose of the suit within 3(three) months from the date of receipt of this order in the interest of all the parties. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 133. ..Category: Civil Law | Date: | Hits: 87
Aleka Khatun and others Vs. Government of Bangladesh, 2004, 33 CLC (HCD)
....ch, we hold that this writ petition is also bad for this reason. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 693. ......ch, we hold that this writ petition is also bad for this reason. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 693. ......7-58. The land was recorded in SA and RS Khatian in the name of the Government. Out of the said acquired land, 0.73 acres of land was unutilized. The heirs of Abul Hossain filed an application to the Ministry of Communication for de-requisition of the said land and by order dated 26-2-1984, the Mini..Category: Property Law | Date: | Hits: 69
Akbar Hossain (Md.) Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....d superfluous order to this effect. With the above observation, the Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 291. ......d superfluous order to this effect. With the above observation, the Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 291. ...... (Special Original Jurisdiction) Present: Naimuddin Ahmed J Md. Fazlul Karim J Akbar Hossain (Md.)..........................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Housing and Works, Government of the People's Republic of Bangladesh and others...........Category: Property Law | Date: | Hits: 77
State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....2000) and the Environment Conservation Act 1995. The construction has been carried out barren of nod from the concerned authorities such as the respondents No.1, the Department of Environment etc. No prior approval for filling in Begunbari Canal was taken, notwithstanding mandatory statutory require......etary on 14th July 2003, pursuant to a decision taken in one of RAJUK’s general meetings. 29. The approval was, however, accorded subject to certain covenant. BGMEA also successfully applied for clearances and authorisation from other concerned authorities. By a communication dated 27th January......uf Chowdhury (RANGS Building Case); Jamuna Builders Ltd. Vs. RAJUK (Jamuna Future Park case); 43 DLR page 147; 272 of 9 DLR; 9 DLR (1957) page 272; 41 DLR (1989) page 326; Naushad Ahmed Chowdhury Vs. Ministry of Land Administration and Land Reform, 3 BLC 18; Salam Vs. Government of Bangladesh, 1 BLC..Category: Constitutional Law | Date: | Hits: 642
Abdul Latif Howlader and others Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....tee and subject to there being vacant posts of similar scale available. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 707. ......tee and subject to there being vacant posts of similar scale available. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 707. ......sh Forest Research Institute, Chittagong on various dates in 1990, 1993, 1996 and 1997. When the project concluded the posts of the petitioners were transferred to the Revenue Budget vide Memo of the Ministry of Establishment, Memo No. সম/সওব্য/টীম-৪(২) পবন-১৭/২..Category: Employment/Service Law | Date: | Hits: 216
Habib Khan Vs. State, 2012, 41 CLC (HCD)
....ore Hafazat Nirapad Abssan are directed to set at liberty the victim Mosammat Rokeya Dil Afroz Munmun forthwith. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ......ore Hafazat Nirapad Abssan are directed to set at liberty the victim Mosammat Rokeya Dil Afroz Munmun forthwith. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ...... 51 DLR (AD) 238; Arun Karmakar Vs. State represented by the Deputy Commissioner Satkhira and another, 8 MLR (AD) 162 = 7 BLC (AD) 61; Mongol Chandra Nandi Vs. Bangladesh represented by the Secretary Ministry of Home affairs and others, 2 MLR 1997 (AD) 62 = 2 BLC (AD) 18; Fatema Begum @ Urmila Rani ..Category: Criminal Law | Date: | Hits: 176
Dr. S.M. Eunus Ali Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
.... and in such view of the matter the impugned orders should be declared illegal and without jurisdiction. 12. Mr. Goswami, the learned Advocate finally submits that the suit was filed on 29.4.2003 prior to enactment of Artha Rin Ain, 2003 and as such the suit ought to have been proceeded in view ......as to cost. The stay order stands vacated. Send copy of this judgment to the Artha Rin Adalat, 2nd Court, Jessore. Nozrul Islam Chowdhury J.-I agree. Ed. This Case is also Reported in: ......Md. Joinaul Abedin Mintu Vs. Joint District Judge, 3rd Court Tangail and others 18 BLT 277; Humayun Hossain Khan Vs. Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Finance & others, 61 DLR (AD) 92; Mir Motiur Rahman Zehadi Vs. Artha Rin Adalat, Tan..Category: Civil Law | Date: | Hits: 254
Md. Shahid Bepari @ Shahidullah and other Vs. State, 2009, 38 CLC (HCD)
....fence not committed by him but by another person with whom he shared the common intention. The distinct feature of section 34 is the element of participation in action. A common intention presupposes prior concert. It requires a prearranged plan because before a man can be convicted vicariously for ......er and Abul Kalam are discharged from the respective bail bond. Send down the lower Court records with a copy of Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 130. ......er and Abul Kalam are discharged from the respective bail bond. Send down the lower Court records with a copy of Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 130. ..Category: Criminal Law | Date: | Hits: 153
....cted to pay the salary and other benefit to the petitioner in accordance with law.
10. However, there will be no order as to costs.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 19.
......cted to pay the salary and other benefit to the petitioner in accordance with law.
10. However, there will be no order as to costs.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 19.
......ion
(Special Original Jurisdiction)
Present:
Mirza Hussain Haider J
Md. Rais Uddin J
Ranjit………………………….Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Jute, Bangladesh Secretariat, Dhaka and others……………………………….Respo..
Category: Criminal Law | Date: | Hits: 143
Md. Nur Alam and another Vs. State, 2012, 41 CLC (HCD)
.... Ali being the informant and father of the victim Rafiq reiterated the facts as stated in the FIR (Exhibit-7). In cross-examination he stated that he had given Tk. 4200/- to his son Rafiq 3/4 days prior to the occurrence. He stated that he had not seen the occurrence, but heard from Jahangir that......w for securing their arrest. Send a copy of this judgment and order to the said court along with the lower court records. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ......w for securing their arrest. Send a copy of this judgment and order to the said court along with the lower court records. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 170
Transfin Trading Ltd. Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)
....duty payable by the petitioner within a period of 30 days from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 359. ......rovisional assessment of duty.—(1) Where it is not possible immediately to assess the customs duty that may be payable on any imported goods entered for home consumption or for warehousing or for clearance from a warehouse for home consumption, or on any goods entered for exportation, for the re......duty payable by the petitioner within a period of 30 days from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 359. ..Category: Fiscal/Taxation Law | Date: | Hits: 194
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
....maluddin Ahmed alias Jamal Ahmad be set at liberty at once. In the result, the Rule is made absolute. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 93. ......maluddin Ahmed alias Jamal Ahmad be set at liberty at once. In the result, the Rule is made absolute. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 93. ......minal Miscellaneous Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Md. Abdul Jalil J Sultana Ara Begum………………………………Petitioner Vs. Secretary, Ministry of Home Affairs & others……………………………………Respondent Judgmen..Category: Criminal Law | Date: | Hits: 78
Kazi Aftabuddin and others Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....h step has been taken by the authority to remove the structures. In view of the above, the petition is rejected summarily. No cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 422. ......h step has been taken by the authority to remove the structures. In view of the above, the petition is rejected summarily. No cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 422. ......urisdiction) Present: A M Mahmudur Rahman J K M Hasan J Kazi Aftabuddin and others……………………………………Petitioners Vs. Bangladesh, represented by the Secretary Ministry of Land, Government of the People's Republic of Bangladesh and others…………………..Category: Property Law | Date: | Hits: 67
Muslim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....d circumstances of 57 DLR's case and of the present case may be of similar nature, but that will not help the petitioner to invoke writ jurisdiction under Article 102 of the Constitution. Moreover, prior to that decision, in several other decisions as referred by her, the Appellate Division clearl....... Hence, the Rule is discharged. Stay granted earlier by this Court be vacated. However, there will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 161. ......................(15) Cases Referred to- Mujibur Rahman Vs. Government of Bangladesh, 44 DLR (AD) 111; Government of Bangladesh Vs. Mohammad Faruque, 18 BLD (AD) 276 = 52 DLR (AD) 120; Secretary Ministry of Health and Family Welfare Vs. Parvin Sultana, 57 DLR (AD) 111; Bangladesh, represented..Category: Administrative Law | Date: | Hits: 455
Mangal Chandra Sarker and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....s from the places wherein their homesteads are situated considering their humanitarian approach. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 152. ......s from the places wherein their homesteads are situated considering their humanitarian approach. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 152. ......ial Trust of Bangladesh Ltd., 46 DLR (AD) 89; Sayeda Shajeda Hossain Vs. Wega Fashion Sweater (Pvt.) Ltd., 59 DLR (AD) 83; Bangladesh Vs. Fazle Karim, 42 DLR (AD) 91; Abdullah-al-Mamun Vs. Secretary, Ministry of Land, 10 BLC (AD) 105; Province of East Pakistan Vs. Jogesh Chandra Lodh, 11 DLR (SC) 11..Category: Property Law | Date: | Hits: 89
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