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....of section 194 of the Customs Act cannot be attracted or applied for the purpose of waiving/dispensing with the statutory deposit as provided in sub-section (2) of section 42 the VAT Act, it being an independent statute. From a reading of clauses 2 (Ka) and 2 (ga) of sub-section (2) section 42 of th...... discharging the Rule.
For the reasons stated hereinbefore, we find no merits in the petition and accordingly, the same is dismissed.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 43. ..
Category: Fiscal/Taxation Law | Date: | Hits: 130
Azmal Khan Vs. Md. Afzal Khan and others, 2011, 40 CLC (AD)
.... after filing of the written statement which makes it necessary for him to put forward. Where an amendment sought for alters the very foundation of the claim and is prima facie distinct, separate and independent of the original stand cannot be allowed, which if allowed, it will, instead of determini......ame. We find no substance in the contention of Mr. Kamal-ul-Alam. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 17. ..Category: Civil Law | Date: | Hits: 86
Mullick Brothers Vs. Income Tax Officer and another, 1978, 7 CLC (HCD)
....r ''existing law" in Bangladesh after the war of liberation fought against the regime responsible for promulgation of Martial Law in 1969 and consequent emergence of Bangladesh as a sovereign and independent state. On the 16th March, 1971 Bangladesh proclaimed independence and a Proclamation was...... premises the appeal is allowed but without any order as to costs. The impugned demand notices are declared to be of no lawful authority. Ed This Case is also Reported in: 31 DLR (AD) (1979) 165...Category: Fiscal/Taxation Law | Date: | Hits: 122
Mohor Ranjan Pal and others Vs. State, 1997, 26 CLC (HCD)
....time of issuance of the Rules stand vacated. Let a copy of this judgment be sent to the learned Divisional Special Judge, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ......heir official duty. 17. It would be absurd and preposterous to hold that the above section is designed to give protection to persons from prosecution, for offences committed by them prior to their appointment as public servants. 18. In the case of Ataur Rahman Vs. State reported in 19 DLR (SC)..Category: Criminal Law | Date: | Hits: 71
Bainchitala Islamia Junior Madrasha Vs. Md. Abdur Rashid & others, 1997, 26 CLC (HCD)
.... on the death of their father they have taken Borga of the suit land from the said Madrasha and even if it be a fact then also they cannot be added as parties in the instant suit because they have no independent right to call in question the legality and propriety of the decree passed in Title suit ......henidah in Miscellaneous Appeal No.54 of 1995 is set aside and the application dated 22-2-95 filed by the opposite parties is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 153...Category: Property Law | Date: | Hits: 55
Nasiruddin (Md.) Vs. State, 2009, 38 CLC (HCD)
....se of Nasir and as such, the incriminating articles were recovered from the possession and control of the accused. He further submits that, the prosecution has been able to prove the case by natural, independent and competent witnesses including the eye-witnesses, who were present at the place of oc...... the result, the appeal is allowed with modification. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ..Category: Criminal Law | Date: | Hits: 79
Abul Kashem Vs. AKM Golam Mostafa and others, 2009, 38 CLC (HCD)
....reported in 8 BLC (AD) 77 wherein it is held: ''It is a settled principle of law that the lower appellate Court being final Court of fact will have to discuss and re-assess the evidence on record independently while either reversing farming the finding of the trial Court. In a case of reversal i......ated. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed This Case is also Reported in: 62 DLR (HCD) (2010) 44. ..Category: Administrative Law | Date: | Hits: 230
.... the plaintiff's dismissal shall be treated to be special leave without pay and other benefits.
Send down the LC records accordingly.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 41.......t and accordingly, the defendant No.2 gave a notice to that effect which was published in the daily newspaper on 18-8-97 and the defendant No.6 was ultimately selected for that post and she was given appointment letter and she joined the post. Their further case was that order of dismissal of the pl..
Category: Employment/Service Law | Date: | Hits: 118
....
The leave petitions are disposed of with the above observations and modifications of the earlier as well as the impugned judgments.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 91.
......ision in Writ Petition No.8737 of 2008. In the High Court Division 49 persons filed the above writ petition seeking a direction upon the writ respondents who are petitioners herein to issue permanent appointment letters in their respective posts or in the alternative, they sought for transferring th..
Category: Employment/Service Law | Date: | Hits: 147
Kazi Liakat Ali and others Vs. Chairman, Civil Aviation Authority and another, 2003, 32 CLC (HCD)
....harged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. We however, make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595....... published in the Daily "Dinkal" on 2‑2‑2002 and 27‑2‑2002. By the first tender notice (Annexure-A), the Civil Aviation Authority (hereinafter referred to as the Authority) invited tender for appointment of cleaning contractor for Zia International Airport, Dhaka, and by the second tender no..Category: Employment/Service Law | Date: | Hits: 125
Abdul Mazid Khan and others Vs. Ali Howlader and others, 2003, 32 CLC (HCD)
....e learned Subordinate Judge, Bhola in Title Suit No. 104 of 1982 is set aside. Communicate the order at once to the learned Court below. Ed. This Case is also Reported in: 56 DLR (2004) 587. ......e simpliciter, without any prayer either for confirmation of possession or recovery of possession in the suit property. The question of delivery of possession not being relevant, there is no need for appointment of any receiver. Although it is found that the receiver was appointed on the mutual cons..Category: Civil Law | Date: | Hits: 89
Rahima Khatun Vs. Md. Nurul Hoque & others, 1996, 25 CLC (HCD)
....mitted that since the preliminary decree in question is a nullity so far it relates to the defendant No.18, the opposite party Nos. 1-9 have their remedy and they can get the relief by instituting an independent suit for declaration that the decree in question passed by the trial Court is a nullity ......ied in 1994 and his heirs opposite party Nos. 1-9 were not substituted by the plaintiffs. Thereafter the suit was decreed ex parte in the preliminary form on 24-4-95. Then plaintiff made a prayer for appointment of a commissioner to effect partition and the commissioner after visiting the suit prope..Category: Procedural Law | Date: | Hits: 67
Abdul Hakim (Md.) Vs. Government of the People’s Republic of Bangladesh & others, 1997, 26 CLC (HCD)
.... the Government was the Prime Minister Banga Bandhu Sheikh Mujibur Rahman. It is universally admitted position that under his leadership the liberation war was fought and ultimately Bangladesh became independent and from 16th December, 1971. Thereafter, Banga Bandhu Sheikh Mujibur Rahman formed cabi......nt be also sent to the Principal Secretary to the Prime Minister in her office at Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 137. ..Category: Administrative Law | Date: | Hits: 183
Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)
....e noticed the direction for furnishing security by the High Court Division is a subsequent order to the order under appeal. The order passed upon an application for stay by the High Court Division is independent order and should have no controlling effect of this Court in disposing of the appeal. Wh...... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ..Category: Procedural Law | Date: | Hits: 118
Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)
....ng already been set aside, those shall have no bearing in any manner whatsoever on the merit of the case at the time of trial of the suit and the trial Court is at liberty to decide the suit on merit independently and freely in accordance with law on the evidence adduced by the parties, if any. S...... informed of the above judgment of the High Court Division by Mr. Enayetur Rahim, the learned Advocate for the plaintiffs of that Other Class Suit No. 43/2003 when the ad-hoc Committee took steps for appointment of Auditor which is a condition precedent to hold election, a learned Senior member who ..Category: Civil Law | Date: | Hits: 74
Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)
....agistrate, Chittagong withdrawing the investigation from CID has in no way conflicting or clashing character with the government decision dated 10.11.2005 to have the case investigated by RAB, is the independent decision of the Government in matter of investigation and as such the government......d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ..Category: Criminal Law | Date: | Hits: 76
Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)
....the Constitution runs thus:- "We, the people of Bangladesh, having proclaimed our independence on the 26th day of March, 1971 and, through a historic war for national independence, established the independent, sovereign People's Republic of Bangladesh; Pledging that the high ideals of absolute tr......hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ..Category: Constitutional Law | Date: | Hits: 264
Babul Vs. State, 2002, 31 CLC (HCD)
....as Third Judge by Hon'ble Chief Justice. 4. In exercise of power envisaged under section 429 of the Code of Criminal Procedure (hereinafter referred to as The Code), I shall examine the whole case independently being free from any approach adopted by learned Judges and decisions rendered by them ......and he is acquitted of the same and set at liberty at once if not wanted in any other case. Lower Court's Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 158. ..Category: Criminal Law | Date: | Hits: 84
Animal Protection Society Chittagong Vs. Laxman Chadra Das & others, 2003, 32 CLC (HCD)
....he deposit account of the Public Account of the Republic as provided under section 10(2) of the Ordinance. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 522. ......he deposit account of the Public Account of the Republic as provided under section 10(2) of the Ordinance. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 522. ..Category: Property Law | Date: | Hits: 61
Abdul Gafur alias Kana Mia and others Vs. Md Nurul Islam, 2004, 33 CLC (HCD)
....e document. Use of a photocopy of the forged document could not amount to use of a forged document. Moreover, the action brought by the opposite party against the petitioners for forgery is an action independent of the filing of photocopy of the forged document in the Court of the Magistrate. Theref......ed Magistrate would be at liberty to consider the bail of the accused-petitioner. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 519. ..Category: Criminal Law | Date: | Hits: 94
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