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....ated 16-6-88 (Annexure-J), which levied business turnover tax on the Customs Bonded Warehouse of the petitioner were challenged.
2. Short facts for disposal of the Rule are that the petitioner was holding a customs bonded warehouse licence issued by the Collector of Customs, Customs House at Dhak......spondent No. 1, Additional Secretary and Member (Appeal and Revision) and others, and also SRO No. 243 dated 27-6-86 (Annexure-H) and SRO No. 161 dated 16-6-88 (Annexure-J), which levied business turnover tax on the Customs Bonded Warehouse of the petitioner were challenged.
2. Short facts for di..
Category: Administrative Law | Date: | Hits: 491
....ibi Samity Ltd. from Constituency No.6 having been duly authorised to do so by the Managing Committee of his Samity. The said Jatiya Samity issued a notification on 7‑9‑94 fixing 24‑11‑94 for holding election and invited nomination papers from the members including the petitioner's Central S......97 which is as follows:
"Local Authority" shall mean and include a Pourashava, Zilla Board, Union Parishad, Board of Trustees or a port or other authority legally entitled to, or entrusted by the Government with, the control and management of Municipal or local fund, or any Corporation or other b..
Category: Election Law | Date: | Hits: 600
Moulana Ahmadullah Vs. State, 1986, 15 CLC (HCD)
....1.6.82 jet mostly due to the absence of the accused, no cross-examinaÂtion could take place. Lastly, on 5.2.82 though the accused was himself absent the learned Magistrate passed the acquittal order holding the accused to be not guilty merely because the P.Ws. were absent after expunging the eviden...... Sub-Divisional Magistrate, Shariatpur alleging that the accused respondent who was Head Master and ex officio Secretary of Gariberchar High school the received for the School Tk. 40,070/- only from Government of Bangladesh as grant under difÂferent heads and also received on behalf of the School C..Category: Criminal Law | Date: | Hits: 104
Elias Brothers (Md.)(Pvt.) Limited and another Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....manik Vs. Mohd Mokarram Hossain reported in 29 DLR (SC) 185 it has been held that: "An individual share-holder has no proprietary interest in the Company's property and its interests in his shareÂholding is not directly affected by the sale of the property-Right of action in case of loss of prop......€¦â€¦â€¦â€¦â€¦(23) The Acquisition and Requisition of Immovable property Ordinance, 1982; sections 2(d), 7(4), 12(1), 28 Under the Ordinance No. II of 1982, the respondents cannot approach the Government to reconsider the assessment made by the Government earlier, rather they can go to the Cou..Category: Civil Law | Date: | Hits: 170
Nayeem Mehtab Chowdhury Vs. State, 2010, 39 CLC (HCD)
.... granted at the time of issuance of the rule is hereby vacated. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 345. ...... granted at the time of issuance of the rule is hereby vacated. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 345. ..Category: Criminal Law | Date: | Hits: 124
....rnishing information to the Hon'ble Finance Minister to announce in the Parliament the names of the defaulting borrowers. Secondly, the money suits being sub judice and as such, there is no basis for holding that the petitioner is a defaulting borrower and as such, the disclosure is without basis. T...... 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
Shitalakhaya Ice and Cold Storage Pvt. Ltd. Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....f section 46 (1) of the Artha Rin Adalat Ain, 2003 (Annexure-G).The Artha Rin Adalat respondent No.1 by impugned order dated 10-06-2009 rejected the application relying on a decision of this Division holding that provision of section 46 of the Ain, 2003 (hereinafter referred to as Ain) so far it rel......efore, it cannot be said that section 46 in its entirety connotes a mandatory implication. This is only a directory one. Analogy of Section 28 of Ain does not fit in Section 46 of the Ain. 12. Moreover, the case was filed in the year 2008 by the bank where the petitioner as defendant did not even..Category: Civil Law | Date: | Hits: 108
Enamul Haque Vs. State, 2010, 39 CLC (HCD)
....t. ConÂtents of this order dated 12-9-2004 of the MagisÂtrate clearly shows that, he has passed this order as per provision of sub-section (1) of section 145 of the Code, so that he can proceed for holding inquiry about the possession as per sub-section (4) of section 145 of the Code and can pass ......he Code, the Magistrate is directed to dispose of the matter expeditiously. Communicate the order at once to the Courts concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 339. ..Category: Criminal Law | Date: | Hits: 105
Md. Boktar Ali Vs. Most. Anjuara Begum and others, 2008, 37 CLC (HCD)
....o sold 40 1/2 decimals of land by a kabala dated 18.10.1977 in favour of the preemptor and his brothers the pre-emptee Nos. 21 to 24; that by that Kabala the pre-emptor became a co-sharer to the case holding; that the preÂ-emptee No.3 in collusion with the pre-emptee opposite party Nos. 1 and 2 tra......l Procedure for setting aside an order passed under Order 47 rule 1 of the code of Civil Procedure was not tenable in law and that the learned sub-ordinate after passÂing the final order can not sit over his own judgment after being functious officio. 12. Mr. Golam Rabbani, cited the decis..Category: Procedural Law | Date: | Hits: 162
Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)
....thout any mask, gumboots or helÂmets. The persons-in-charge of the yard admitted that they did not have any facility for management of waste materials. There was no waste oil/sludge oil removal site/holding tank/asbestos/hazardous materials dumpÂing/disposal site. Those concerned were not able to ...... of Shipping wished to withdraw the letter dated 13.08.2008 by which the NOC had been canÂcelled. Accordingly, the office of the Attorney General filed an affidavit expressing to the Court that the government had decided to withdraw the cancellation with a prayer that the Rule may be disposed of. B..Category: Environmental Law | Date: | Hits: 688
Jahirul Haque Vs. State, 2011, 40 CLC (HCD)
....se record was then transmitted to the Court of Sessions Judge, Comilla who took cogÂnizance of the same and thereafter transferred it to the Court of Assistant Sessions Judge, 3rd Court, Comilla for holding trial who framed charge against the convict-appellants along with two other accused persons ......ns Judge, 3rd Court, Comilla for holding trial who framed charge against the convict-appellants along with two other accused persons under section 394 of the Penal Code. The charge so framed was read over and explained to the convict-appellants including two other accused perÂsons to which they ple..Category: Criminal Law | Date: | Hits: 83
Faroque Reza Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....f purchase from Al-haj Alimullah by 2(two) registered deeds being No.11739 and 18178 dated 21.06.1997. Petitioner got his name mutated in the Government Revenue Office, paid rents and also obtained a holding number of Dhaka City Corporation, and thus has been in peaceful possession of the land. Afte...... ..Category: Civil Law | Date: | Hits: 74
STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)
.... that it was observed in that case: .... It seems clear that the submission advanced below confused the legal "seat" etc. of an arbitration with the geographicalÂly convenient place or places for holding hearings. This distinction is nowadays a common feature of international arbitraÂtions and ......he decisions in interpretation of law or application thereof, but such practice call only be her milted where there is a room for interpretation in case of any ambiguity and a Court of law cannot sit over the mind of the legisÂlature but can only explain and interpreted the law enacted by the Parli..Category: Alternative Dispute Resolution | Date: | Hits: 506
MA Gafur Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)
....ese 4 subscribers each has subÂscribed for 5,000 shares equally. Article 14 and Article 26 of the Articles of Associations contains provisions to from quorum requiring presence of all 4 Members, for holding the General Meetings as well as for holding the meetings of the Board of Directors. It furth...... for both sides. This matter shall stand disposed off upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 547. ..Category: Company Law | Date: | Hits: 129
Nurul Islam Shaikha and others Vs. Shahadat Hossain & others, 2011, 40 CLC (HCD)
.... the appellate Court by the impugned Judgment and decree. 9. Mr. Md. Abdul Haque, the learned advoÂcate for the petitioner defendants, submitted that the Courts below committed an error of law in holding that a deed of Heba-bil-Ewaz is a document of conÂtract, and that even if it is considered ......ad Hasan must be read bearing in mind the distincÂtion that is to be drawn between the true and the false Heba-bil-Ewaz. In my opinion the transÂaction falsely termed in India Heba-bil-Ewaz is not governed by the Mohammadan law of Heba, but is amenable to the general law in India relating to contr..Category: Property Law | Date: | Hits: 139
Foyez Ahmed Vs. State, 2012, 41 CLC (HCD)
....complaint with the Executive Magistrate and detainÂing an accused in police custody at the Police Station prior to his trial. The Ain does not envisage taking cognizance of any scheduled offence and holding trial thereof on different dates as were done in the instant case by the Executive Magistrat......¦â€¦.Opposite-Party Judgment April 18, 2012. Result: The Rule is made absolute. The Mobile Court Ain, 2009 (Act No. LIX of 2009) The Mobile Court Ain, 2009 is a special law and an overÂriding law. From a combined reading of the provisions of section 4 and section 6(1), it is abu..Category: Criminal Law | Date: | Hits: 81
State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
....nce has some importance in the prosecution case. It can be used to contradict the witnesses under Section 145 of the Evidence Act. Thus, from the above discussion it appears that the primary cause of holding inquest is to ascertain the cause of death, whether it is accidental, suicidal or homicidal.......should be an information relating to the commission of a cognizance offence; (ii) if given orally to an Officer-in-Charge of a Police Station, it should be reduced to writing; (iii) it should be read over to the informant; (iv) it should be signed by the informant; (v) its substance should be entere..Category: Criminal Law | Date: | Hits: 89
....sed illegally, without lawful authority and is of no legal effect.
2. The petitioner challenging the judgment and order dated 8.2.2010 passed by the respondent No.1 in Election Appeal No.2 of 2009 holding that no appeal lies against any interlocutory order passed by the Election Tribunal in Elect......praying for calling the documents/papers as mentioned therein from the office of the Returning Officer, Pirojpur Upazilla Parishad Election, 2010 and from the office of the Executive Engineer, Local Government Engineering Department, Pirojpur. The petitioner filed a written objection on 17.7.2009 ag..
Category: Election Law | Date: | Hits: 600
....29.211 metric tons out of the said consignment of 1929.211 metric tons, as alleged, such shortage was well within the 1% ocean Allowance. He further submitted that the Court below erred in law in not holding that the defendant appellants could not be held liable to the plaintiff for shortage of good......stained by the plaintiff was due to negliÂgence, carelessness, misconduct of the defendants, the defendants are liable to make good the loss sustained by the plaintiff. Hence the present suit for recovery of the bills.
3. The defendant No.1 and 2 contested the suit by filing written statement. I..
Category: Admiralty Law or Maritime Law | Date: | Hits: 486
Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)
....accused solely on the basis of the unimpeachable and unshaken evidence of the officer or person who made the search and seizure disbelieving the evidence, if any, of any witness of search and seizure holding it to be unworthy of credit.........................................(44) Minor discrepanc......ssion or control of incriminating articles constitute offence. To constitute offence, there must be mens rea or unity knowledge............................(32) Whenever some ammunition are also recovered together with some arms, categorized in section 19A, the trial Court or, for that matter, the..Category: Criminal Law | Date: | Hits: 92
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