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Sultana Hashem Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....its that the petitioner was arrested under Rule 16(2) of the Emergency Rules, 2007 and till date he is also detained under the said Rule without any legal basis and the said Rule being not a penal provision which is a mere reproduction of section 54 of the Code of Criminal procedure, the confine......……………………….(7) Repetition of legal text only means non application of mind by the detaining authority Where the grounds of detention merely repeat the language of the law and nothing else, it portray non application of mind by the detaining authority.……………..Category: Criminal Law | Date: 21 Jan, 2008 | Hits: 10
Mostafa alias Masta Vs. State, 2008, 37 CLC (HCD)
....stafa alias Masta be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 894. ...... married Shaneka Begum before one year back of the occurrence; that the accused No.2 namely Abdul Aziz, is the "Dharma Bhai" of the informant's mother; that the accused Abdul Aziz is the brother-in-law of accused Mustafa and in connection with this relationship the accused persons used to visit in..Category: Women and Children | Date: 16 Jan, 2008 | Hits: 27
Md. Amin-Ullah, Advocate and another Vs. Bangladesh and others, 2008, 37 CLC (HCD)
.... rule is discharged without any order as to cost. The order of injunction granted at the time of issuance of the rule stands vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 264. ......d 19.10.1985 (Annexure-E-2) and (Annexure-G) and R.S. Map being Plot No.3319 (Annexure-L) and the gazette notification dated 09.03.1998 (Annexure-L-1) should not be declared to have been made without lawful authority and is of no legal effect and/or such other or further order or orders passed as to..Category: Property Law | Date: 9 Jan, 2008 | Hits: 20
Humayun Hossain Khan Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)
.... (Annexure-G) passed by the learned Judge of the Artha Rin Adalat No.3, Dhaka in Artha Rin Suit No.32 of 2004 rejecting the prayer of the petitioner for disposal of the aforesaid suit by applying the provisions of section 47 of the Artha Rin Adalat Ain, 2003. 2. The averments made by the petiti......e. before the Ain, 2003 and the provisions of section 47 came into force. Therefore, section 47 has no manner of application in the suit. Thus, the Adalat passed the impugned order in accordance with law rejecting the prayer of the petitioner. The writ petition is a misconceived one and the Rule is ..Category: Banking Law, Civil Law | Date: 8 Jan, 2008 | Hits: 9
Gopal Chandra Das and others Vs. Nikunja Behari Sukra Das and others, 2008, 37 CLC (HCD)
....y. 6. Being aggrieved by and dissatisfied with the judgment and decree passed by the learned Additional District Judge, Narayanganj, the plaintiff appellant- petitioners preferred the instant provisional application before the High Court Division and obtained the present Rule. 7. Mr. ......e trial Court also observed in their judgment that the plaintiff has been possessing the suit property illegally by way of private dhakila and Hokum Nama which has got no leg to stand in the eye of law and in this connection both the courts relied upon a decision reported in 30 DLR (SC) 41 wherei..Category: Property Law | Date: 7 Jan, 2008 | Hits: 9
Durga Prasad Singh Hazari Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....most erroneously that the Ordinance shall override the Hindu law particularly Mitakshara Hindu law, which is personal law of a vast majority of Hindus in the subcontinent without any reference to any provision of the Ordinance. 20. Sub-section (7) of section 2 of the Ordinance defines the word, '......als being ITA No.1948 to 1952 of 1999-2000 in respect of assessment for five assessment years 1993-94 to 1997-98. 2. As the assessee was the same in all the above references and common question of law was referred to this Division for determination, we heard them together and now, dispose of it b..Category: Fiscal/Taxation Law | Date: 12 Dec, 2007 | Hits: 5
Abu Safa (Md.) Vs. Abdul Momen Chowdhury, 2007, 36 CLC (AD)
....ppeal was filed by using fabricated and non-genuine papers and for non-compliance of the court's order dated November 28, 2007. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 17. ......on-genuine person upon using imaginary name of a person and by using fabricated papers is highly deprecable one and, as such, strongly disapproved by the Court. This is not an appeal in the eye of law……………………….(5 & 6) Lawyers Involved: Omar Sadat, Advocate (app..Category: Procedural Law | Date: 11 Dec, 2007 | Hits: 7
Fairdeal Marine Services, Fujairah, U.A.E Vs. M.V. PELEAS K and others, 2007, 36 CLC (HCD)
....n to the Petitioner, the Opposite Party No.5 'cannot, therefore, be held liable for the alleged breach of contract by the Principal Defendant/ Judgment-Debtor/Opposite Party No.1 according to the provisions of Section 230 of the Contract Act, 1872. The Opposite Party No.5 also maintains that hav...... at paragraph 6, page 229; Satish Chandra Mookerjee Vs. Purna Chandra Dutt, 11 Indian Cases (1911) 696; Saudamini Vs. Jessore Regd. Loan Co., AIR 1926 (CAL) 1146; Central Exchange Bank Ltd. Vs. Ch. Dilawar Ali Khan, PLD 1965 (W.P.)(Lahore)628;Abdul Salam Sahib Vs. Batehu Veerabhadraraju, AIR 1928 (M..Category: Admiralty Law or Maritime Law | Date: 6 Dec, 2007 | Hits: 19
AKM Reazul Islam and others Vs. State, 2007, 36 CLC (HCD)
....ুসন্ধান, তদন্ত ও বিচার”। 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 Rules, 2007 are silent as to what happens to a person taken in custody after lodgm......77, 9103, 15148, 12489 of 2007. Judgment Sharifuddin Chaklader J.- All these Rules except the one in Criminal Miscellaneous Case No.12489 of 2007 involve an important and common question of law, namely authority of this Court to grant bail in cases where First Information Report (shortly F..Category: Anti-Corruption Laws | Date: 3 Dec, 2007 | Hits: 139
Al Haj A.B.M. Mohiuddin Chowdhury Vs. State, 2007, 36 CLC (HCD)
....of late Al-haj Hossain Ahmed Chowdhury be enlarged on bail to the satisfaction of the Chief Metropolitan Magistrate, Chittagong. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 23. ......to court under the aforesaid G.D. with the report that accused petitioner is desperate person seeking to create division between people of different class and profession whereby he is likely to cause law and order situation to deteriorate and lead existing development of the state and sovereign powe..Category: Criminal Law | Date: 2 Dec, 2007 | Hits: 3
....d the bills of entry, challans and release order of the imported goods as Annexure-J to J(33).
12. Mr. Khan Saifur Rahman, learned senior advocate for the petitioner took us through the relevant provisions of the VAT Act and submitted that the petitioner imported the materials, spares and other......rule cannot be read to disentitle the petitioner from taking rebate under section 9 of the VAT Act.
28. For the reasons aforesaid, impugned order of the Appellate Tribunal cannot be sustained in law.
29. In the result, the Rule is made absolute with cost. Impugned order dated 28.04.02 pass..
Category: Fiscal/Taxation Law | Date: 26 Nov, 2007 | Hits: 9
Mrs. Zakia Doha Vs. Rajdhani Unnayan Kartipakha, 2007, 36 CLC (HCD)
....rty by creating and ante-dating some forged documents. Besides, the alleged gift of the case property in favour of the petitioner by her elder sister Mrs. Atia Siddiqui is illegal in view of the provisions of Clause 23 of the deed of lease. The Government has been possessing the case prope......ayer of the petitioner for release of the property situated at NER-14, Road No.84, Gulshan, Dhaka from the 'Ka' list of abandoned properties should not be declared to have been passed without lawful authority and to be of no legal effect. 2. In Writ Petition No.1042 of 2001, a Rule Nisi..Category: Abandoned Properties Law | Date: 15 Nov, 2007 | Hits: 6
Fazlu Alias Fazla Vs. State, 2007, 36 CLC (HCD)
....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. ......jury on the private parts of the victim Lipa. 17. Md. Jashim Uddin, the learned advocate appearing on behalf of the convict appellant submitted that the trial judge committed an error of law and facts and awarded the harsh sentence to the innocent person who was falsely implicated in t..Category: Women and Children | Date: 5 Nov, 2007 | Hits: 14
Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)
....nder section 19A of the Arms Act on 18.9.2004. Another Sub-Inspector of police Ramizuddin investigated the case and submitted charge sheet on 2.1.2004 against apprehended accused under the same provision of the Arms Act. Thereafter, the case was transferred to the Court of Metropolitan Spec......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)
....are not allotting the same. He adds that the activities of the respondents in not allotting the shop as per Rule and notification are without lawful authority. He lastly submits that in view of the provisions laid down in the Rule 4(1)(kha) of the উপ-আইনমালা-২০০৩ the peti......tioner is entitled to get 100 shops but the respondents are not allotting the same. He adds that the activities of the respondents in not allotting the shop as per Rule and notification are without lawful authority. He lastly submits that in view of the provisions laid down in the Rule 4(1)(kha) o..Category: Civil Law | Date: 20 Sep, 2007 | Hits: 43
....n 07.05.07 submitted an affidavit-in-opposition to the writ petition. In the affidavit, it was stated that pursuant to the order of release of this Division, the goods were released on the basis of a provisional assessment. It was again retreated that before the goods could be assessed to duty the p......of this Division dated 11.09.05 upon receipt of the duty and other charges both in cash and upon bank guarantee(s), the customs authority would now assess the goods finally to duty in accordance with law by ignoring the CRF certificates.
19. In support, he cited Showkat Ali and 15 others Vs. the ..
Category: Fiscal/Taxation Law | Date: 17 Sep, 2007 | Hits: 66
Salima Akter Niluma Banu Vs. Shahin Shakhider and others, 2007, 36 CLC (HCD)
....f the Chairman is made defendant in the suit, is a technical objection. It is posited here that the contention raised is a question 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 agitate......an application under order VII Rule 11(d) of the Code of Civil Procedure for rejection of the plaint stating that as per clause 14 of the terms and conditions of the Estate the suit is barred by law. 5. After hearing the learned Judge of the Trial Court by the order dated 25-11-2004 reject..Category: Civil Law | Date: 12 Sep, 2007 | Hits: 3
M. A. Jaher and others Vs. Sonali Bank and others, 2007, 36 CLC (HCD)
....ainst the petitioners. 3. Mr. Debdas Sammader, the learned advocate appearing for the writ petitioners has assailed the impugned order on the main ground that before passing of this order the provision of sub-section (5), (6) and (7) of Section 33 of the Artha Rin Adalat Ain, 2003 were not ......ecessity of compliance of sub-section (5), (6) and (7) of section 33 of the Artha Rin Adalat Ain, 2003 before passing of the impugned order and that the impugned order was quite in accordance with law. 5. We have considered the argument of the learned advocates of both the sides and gone t..Category: Civil Law | Date: 11 Sep, 2007 | Hits: 6
Nazir Hossain (Md.) Vs. Zubaed Md. Adel and others, 2007, 36 CLC (HCD)
....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. ......dge committed gross illegality in considering the depositions of P.Ws. 7,8 and 9, who were declared as hostile by prosecution, in preference to P.Ws. 1, 2, 3 and 4 and thereby fallen into error of law and fact in acquitting the accused opposite parties. Learned Advocate further submits that bal..Category: Criminal Law | Date: 5 Sep, 2007 | Hits: 8
Mosharraf Hossain (Md.) Vs. Bangladesh Bank and another, 2007, 36 CLC (HCD)
....Rule are as under: 3. The petitioner is the Proprietor of James Money Changer having Licence No. Boi Mu Ni (Aba)144/97-862 dated 15-6-1997 granted by Bangladesh Bank (shortly, the Bank) under the provision of section 3 of the Foreign Exchange Regulation Act, 1947. The Said business of the petiti......dated 30-6-2001 submitted by the petitioner to the show cause notice was examined by the Bank and it was found to be unsatisfactory. So, the licence of the petitioner was cancelled in accordance with law and according to the terms and conditions of the licence and also according to section 3 of the ..Category: Banking Law | Date: 3 Sep, 2007 | Hits: 403
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