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Stadmax Ltd. Vs. General Manager, Credit Information Bureau, Bangladesh Bank & others, 1998, 27 CLC (HCD)

....y well be resolved in the aforesaid suits on evidence. We do not find any such right to infringe. Mr. Karim drawing our attention to Rule issued in Writ Petition No.936 of 1998 argues that since this Bench has already issued a Rule in a similar matter this Bench should also issue a Rule in this case...... discussion, we do not find any substance in this petition. And it is, accordingly, rejected in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 594. ..

Category: Civil Law | Date: | Hits: 119

Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)

....eaking the vessel further. By order dated 27.10.2008 passed by the Appellate Division, the order of injunction, passed by the High Court Division was stayed. Subsequently, the matter came before this Bench for hearing and disposal. In this connection, upon a thorough discussion in the Chamber of the......ietor, Madina Enterprise at once by a Special Messenger of this Court at the cost of the petitioner. Sheikh Abdul Awal J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 118. ..

Category: Environmental Law | Date: | Hits: 688

STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)

....R 270 = 58 DLR 185 and hold that the application of the Petitioner is maintainable. Procedure in case of disagreement One further point needs to be addressed in this connection. Already another Bench of this Division has given decision on this issue and that has not been overturned by the Hono....... Accordingly, the application under sec­tion 7Ka of the Arbitration Act of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ..

Category: Alternative Dispute Resolution | Date: | Hits: 506

Soton @ Arif Hossain and another Vs. State, 1997, 26 CLC (HCD)

....impugned conviction and sentence passed against the petitioners must be held illegal and without jurisdiction. In support of his submission Mr. Hossain cites an unreported decision of a Division Bench dated 7‑7‑97 passed in Criminal Miscellaneous Case No. 5274 of 1996 (Belayet Howlader Vs. ......e was no illegality in trying the petitioners in absentia. We find no substance in this Rule. This Rule is, therefore, discharged. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 593. ..

Category: Criminal Law | Date: | Hits: 99

State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)

....hip witnesses evidence cannot be thrown away unless the evidence is found to be untrue or tainted with motive. The case of Khoka Vs. State, 5 BLC (AD) 86, where the ratio descedendi that the Division Bench like the trial Court believed the only eyewitness. Believing only eyewitness is legally permis......sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ..

Category: Criminal Law | Date: | Hits: 89

State Vs. Abdul Momin Sardar, 1998, 27 CLC (HCD)

.... Rahman, Assistant Attorney‑General ‑ For the State. Criminal Revision No.572 (suo‑motu) of 1996. Judgment Kazi Ebadul Hoque J.- This aforesaid suo‑motu Rule was issued by a Division Bench presided over by Mr. Justice Badrul Islam Chowdhury, calling upon convicted appellant Abdul Mo......or securing arrest of the said convict and to put him to jail custody. Communicate the order to the Deputy Commissioner, Satkhira. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 588. ..

Category: Criminal Law | Date: | Hits: 87

Human Rights and Peace for Bangladesh and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....tant case nothing including year-to-year licences shall stand on the way of implementation of the judgment. 37. In this connection it is important to note that on February 5,2010, a special forest Bench of Indian Supreme Court headed by Chief Justice Balakrishnan stayed mining in Maghalaya Forest...... in the meantime, if so advised. The applications for addition of party filed by the different applicants be kept with the record. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 257. ..

Category: Environmental Law | Date: | Hits: 731

Mohammad Ali Vs. Sukur Ali & others, 1985, 14 CLC (HCD)

....With the observations as above, this Rule is discharged. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 1. ......ite of the provisions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 1. ..

Category: Procedural Law | Date: | Hits: 102

Intertek Testing Services International Limited and others Vs. National Board of Revenue, Dhaka & others, 2003, 32 CLC (HCD)

.... is the province of the Legislature itself, and not of the Courts, to supply the omission. 19. In the case of Megh Raj Vs. Rupchand Uttamchand through Diwan Chand reported in AIR 1946 Lahore (Full Bench) 281, in interpreting Court Fees Act which is also a fiscal legislation their Lordships discus......pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 691. ..

Category: Fiscal/Taxation Law | Date: | Hits: 119

Ruhul Amin Vs. State and another, 2007, 36 CLC (HCD)

....ndant contested the suit and it was decreed against them. Then Ruhul Amin and the other co-defendant filed First Appeal (F.A.) No.103 of 1986 in this Court and this appeal was dismissed by a Division Bench of this Court by judgment dated 29.7.2001 affirming the judgment and order of the trial Court.......akhsmipur in Criminal Miscellaneous Case No.41 of 2004. In the result, the Rule is discharged. The stay order stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 141. ..

Category: Property Law | Date: | Hits: 122

Bangladesh Water Development Board Vs. MR. Sikder, 2003, 32 CLC (HCD)

.... which is evidently contrary to the agreement for arbitration. The whole exercise made by Mr. Justice Chowdhury is thus coram non judice and consequently, void ab initio. 32. It has been held by a Bench of this Court in the case of British Airways PLC Vs. Bangladesh Air Services Pvt. Ltd., report......eous case No.207 of 1994 of the 3rd Court of Subordinate Judge, Dhaka stands allowed. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 682. ..

Category: Alternative Dispute Resolution | Date: | Hits: 543

Pochon Rikssi Das Vs. Khuku Rani Dasi and others, 1997, 26 CLC (HCD)

....gating any Act or Ordinance. He submits that the right of the non-Muslims have been curtailed on the promulgation of the Family Courts Ordinance. 7. It appears that the Rule was issued by a Single Bench which on 18-1-1995 referred the matter to the Hon’ble Chief Justice for constituting a Speci...... for the services rendered by the Amici Curiae who took great pains in addressing the Court on the subject of great public importance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 47. ..

Category: Family Law | Date: | Hits: 209

Fakir (Md.) Tariqul Islam Vs. State and others, 1996, 25 CLC (HCD)

....ation in the present case. 7. Case of Md. Ismail and another Vs. Crown reported in 6 DLR 152 involved prosecution of offences under sections 116 and 161 of the Penal Code, and a Division Bench of the High Court of the then East Pakistan relying on a decision of the Privy Council reporte......r of application in the present case. In that view of the matter, we confirm and uphold the impugned orders and discharge the Rule. Ed. This case is also Reported in:49 DLR (HCD) (1997) 419. ..

Category: Criminal Law | Date: | Hits: 130

Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)

....sad Agarwala Vs. Narain Chandra Chakrabarti 30 CLJ 224. Mr. Mohammad Ali inadvertently has referred 40 ILR 289 which is corresponding to 20 CWN 744. In the case of Mahadeo Prosad Agarwala, a Division Bench of the Calcutta High Court followed the views taken by their Lordships of the Privy Council in...... these Rules. In the result, these Rules are discharged without any order as to costs. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ..

Category: Civil Law | Date: | Hits: 138

Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)

....h's case, 14 DLR 791, is concerned with nature of tenancy vis-a vis presumption of knowledge of the pre-emptor and estoppels in pre-emption. In Elias Shah's case, 17 DLR 277, it is held by a Division Bench of the then High Court of East Pakistan that without assessment of compensation of property th......e of dismissal passed by the Subordinate Judge, 3rd Court, Tangail, is hereby affirmed. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. ..

Category: Trust/Waqf Law | Date: | Hits: 114

Sharifuddin and others Vs. Commissioner of Customs and others, 2009, 38 CLC (AD)

....ts, it appears that the implication of section 3(5) of the Sales Tax Act 1951 of Pakistan, which is more or less similar to section 6(1) of the VAT Act, 1991, was considered by two different Division Benches of the High Court of Sindh in the case of Crescent Pak. Industries (Pvt.) Ltd Vs. Government....... The appeals are therefore allowed without any order as to cost. The civil petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ..

Category: Fiscal/Taxation Law | Date: | Hits: 128

Md. Enamul Haque Vs. Md. Ekramul Haque and others, 2011, 40 CLC (HCD)

....sfied from the materials on record that the apprehension entertained by the defendant is not altogether without foundation." 10. The case of Vijaykumar Vs. Smt. Uma Sangh, AIR 1987 MP 41, a single Bench of Indore Bench held that, the crucial question, which falls for considerations is whether the......of the suitsexpeditiously preferably within 6(Six) months from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 263. ..

Category: Procedural Law | Date: | Hits: 179

Abdul Karim Vs. Land Acquisition Officer, Comilla and others, 2006, 35 CLC (HCD)

....e or in the public interest stating that the property is proposed to be acquired. In the case of Shankar Gopal Chatterjee Vs. Additional Commissioner, Dhaka Division reported in 41 DLR 326 a Division Bench of this Hon'ble Court held that the Law of Acquisition gives the Deputy Commissioner power to ......e without lawful authority. With the foresaid findings and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ..

Category: Property Law | Date: | Hits: 85

Durga Prasad Singh Hajari Vs. Commissioner of Taxes, Taxes Zone 3, Chittagong, 2007, 36 CLC (HCD)

.... Nos. 156, 157, 158 and 159 of 2007. Judgment Md. Abdur Rashid J. - The above references were presented against a common order dated 20-9-2000 passed by the Taxes Appellate Tribunal, Chittagong Bench at Chittagong in dismissing five appeals being ITA No. 1948 to 1952 of 1999-2000 in respect of......lated in the negative and in favor of the assessed and against the revenue. No cost. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 723; 13 MLR (HCD) (2008) 397. ..

Category: Fiscal/Taxation Law | Date: | Hits: 138

Sree Sree Ananta Dev Chakra Bigrah & others Vs. Bangladesh & others, 1983, 12 CLC (HCD)

....hs from the date of the receipt of the records. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 301. ...... is directed to dispose of the suit within six months from the date of the receipt of the records. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 301. ..

Category: Property Law | Date: | Hits: 74