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Signage Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)
.... 20. The learned Advocate for the petitioner submitted that the petitioner invoked this writ jurisdiction because the impugned order was passed malafide and beyond lawful jurisdiction. As such the alternative forum of Appeal under section 42 of the VAT Act is not applicable in this case. Furtherm...... no legal effect. And the rule issued in relation to the allocation of fixation of a separate service code is hereby discharged. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 137. ..Category: Fiscal/Taxation Law | Date: | Hits: 168
Md. Altab Hosen and others Vs. Md. Muhammad Ali and others, 2005, 34 CLC (HCD)
....akundia, Kishoreganj is directed to decide the suit on merit within a period of 6(six) months from the date of receipt of this order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 187. ......e is directed against the Judgment and order dated 5.6.2005 passed by the learned Joint District Judge, Court No.2, Kishoreganj, in Miscellaneous Case No.12 of 2005 allowing the appeal and allowing a prayer for temporary injunction on setting aside the Judgment and order 7.4.2005 passed by the learn..Category: Civil Law | Date: | Hits: 107
Shah Newaj Chowdhury @ Swapan and others Vs. State and another, 2010, 39 CLC (HCD)
....ted earlier by this Court shall stand vacated. Communicate the order at once to the concerned. Salma Masud Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 371. ......akaria on receipt of the said report took cognizance and issued summons against the accused persons. On receipt of the said summons the accused-petitioner Nurul Alam surrendered on 05.08.2003 and his prayer for bail was rejected. The learned Sessions Judge, Cox's Bazar enlarged the said accused on b..Category: Criminal Law | Date: | Hits: 54
M/S. Udayan Board Mills Vs. Janata Bank and another, 2010, 39 CLC (HCD)
....earlier by this Court stands vacated. Communicate this judgment at once. M. Moazzam Husain J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 365; 18 BLT (HCD) (2010) 266. ......of section 51 read with Rule 37 of Order 21 of the Code of Civil procedure and rejected the application dated 30.9.2009 of the petitioner filed under section 57 of the Artha Rin Adalat Ain, 2003 with prayer for stay of the execution proceeding till disposal of the Title Suit No.85 of 2009 filed by t..Category: Civil Law | Date: | Hits: 129
Md. Siddique Miah Vs. Most. Mazeda Begum and others, 2009, 38 CLC (HCD)
....without any order as to cost. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 362. ................................................ (3) Where the decree relates to the payment of money and the decretal amount is not paid within the time specified by the Court, the decree shall, on the prayer of the decree-holder to be made within a period of one year from the expiry of the time so sp..Category: Limitation Law | Date: | Hits: 147
Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)
....f 1998, to be stayed. Accordingly, the prayer is refused. There is no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 208. ......relied extensively on these two Judgments that in themselves deal with substantial questions of law as apply to the facts and circumstances of this case, is, therefore, disinclined to entertain the prayer so made. That disinclination also stems from the additional prayer made by the Certificate pr..Category: Constitutional Law | Date: | Hits: 314
Soharaf Uddin alias Soharab Vs. State, 2008, 37 CLC (HCD)
....hers PLD 1967 SC 317 Hamoodur Rahman, J (his lordship then was) delivering the Judgment for and on behalf of their Lordships observed. 30. "The inherent jurisdiction given by section 561A is not a alternative jurisdiction or an additional jurisdiction but it is a jurisdiction preserved in the int......le thus fails. In the result the rule is discharged. Let the LCR be sent down immediately. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 189. ..Category: Criminal Law | Date: | Hits: 99
....nt No.1 after hearing the appeal allowed the appeal in part vide his judgment and order dated 6‑10‑93, Annexure‑'E', that being aggrieved by the aforesaid judgment and order and having no other alternative remedy, the petitioners moved this Court on the application under Article 102 of the Con......ment the judgment and order complained of without further delay. The order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 606.
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Category: Labour and Industrial Law | Date: | Hits: 215
Komor Ali and another Vs. Al-Arafa Islami Bank Ltd. and others, 2011, 40 CLC (HCD)
....e same under Order 21 Rule 90 was maintainable in law after being defeated in Title Suit No.158 of 2005 of the 6th Court of learned Assistant Judge, Dhaka as well as in Title Appeal No.438 of 2006 in alternative whether the result of Title Suit No.158 of 2005 got any bearing upon the proceeding brou......pposite party Nos.2-5 are set aside on the ground of fraud. It is declared that there created no title in favour of holders of those deeds. This Case is also Reported in: 16 MLR (HCD) (2011) 457. ..Category: Civil Law | Date: | Hits: 112
AKM Fayekuzzaman Vs. State and another, 2010, 39 CLC (HCD)
....ce, if any, if she wished under actual facts. Let a copy of this Judgment be sent to the trial Court at once for necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 37. ......t and the loan-money was alleged to have been sent through SA Paribahan in different dates but the complainant opposite party could not submit any document or sending such amount and more over on the prayer of the accused petitioner the SA Paribahan authority had denied the assertion of the complain..Category: Criminal Law | Date: | Hits: 99
Eddystone Broadcast Vs. Government of Bangladesh & Others, 2010, 39 CLC (HCD)
....ioner's tender in accordance with law in the light of the findings made in the body of the Judgment. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 7. ......CPTU (Central Procurement Technical Unit) Review Panel under the provisions of Regulation 53 of Public Procurement Regulations, 2003 with requisite fee amounting to Taka 1,00,000 on 20-11-2007 with a prayer for reviewing all the commercial terms and conditions of all responsive tenders to decide who..Category: Others | Date: | Hits: 127
Mahmudul Huq and others Vs. Nowab Ali Chowdhury and others, 1995, 24 CLC (HCD)
.... for the plaintiff‑petitioner contends that prayer 'Ka' quoted hereinbefore contains the essential elements of declaration of title. It appears from the said prayer 'ka' of the plaint that there is alternative prayer for granting saham in respect of 11 kanis 14 gandas of land or for the quantum of......record, submitted that Court of appeal below acted illegally in holding that trial Court was wrong in passing the decree of partition as complicated question of title was involved in the suit when no prayer for establishment of title was made by the plaintiffs. Mr. Kamal‑Ul-Alam, the learned Advoc..Category: Property Law | Date: | Hits: 97
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....sued by this Court so far other accused persons of the case are concerned is hereby vacated. The Rule is accordingly made absolute. Ed. This case is also Reported in:49 DLR (HCD) (1997) 373. ......nd then she was produced before the Chief Metropolitan Magistrate Dhaka in the afternoon of 3‑11‑96 showing her arrested in connection with the arm case being Gulshan P.S. case No.9(11)96. On the prayer of the police the CMM granted 5 days' police remand during which the petitioner was unbearabl..Category: Criminal Law | Date: | Hits: 107
State and others Vs. Sheema Begum and others, 2004, 33 CLC (HCD)
....emned prisoner Seema Begum. On the contrary P.W.2 Ayesha Begum in her evidence stated that the condemned prisoner had affection for his son deceased Delowar. In this view of the fact we have no other alternative but to hold that the prosecution has failed to prove that out of illicit relationship of......ting that P.W.2 Ayesha Begum told her husband P.W.5 to follow them but her husband did not follow them for which P.W.2 Ayesha Begum started weeping. She further stated that before the 'Azan' of Fazar prayer she found 3 persons carrying with their shoulder one person inside the boundary wall of the G..Category: Criminal Law | Date: | Hits: 94
Md. Nazrul Islam Mollah alias Nazrul Islam Mollah Vs. State and another, 2009, 38 CLC (HCD)
....repay the money to the informant and also threatened to kill him by gun fire. Thus, the accused deceived the informant and misappropriated his aforesaid money and, as such, the informant had no other alternative but to file this case. 4. The Police investigated the case and having found incrimina......scharged. Stay granted earlier by this Court at the time of issuance of the Rule is hereby vacated. Md. Abdus Samad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 103. ..Category: Criminal Law | Date: | Hits: 108
Md. Aktar Hossain and others Vs. Capital Tower (Pvt.) Ltd. and others, 2008, 37 CLC (HCD)
....ng an independent auditor to re-audit the accounts of past years i.e., 2003, 2004 and 2005. Given the ratio in the Kader Textiles Case and the recognition accorded this Court's inherent power to make alternative arrangements for appointments of auditors for past years if no audit has taken place, an...... the BOD in certain respects in taking decisions in relation to the Company's property. These facts and circumstances, therefore, in their totality encapsulate the grounds on the basis of which the prayers in this Application have been framed. 8. Heard the learned Advocates for the Petitioners ..Category: Company Law | Date: | Hits: 177
Abdus Salam Vs. Korban Ali and another, 1992, 21 CLC (HCD)
....ent to the Court below immediately and on receipt of the same the lower Court is accordingly directed to inform the parties concerned. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 372. ......Rule was issued in pursuance of the application under section 115(1) of the Code of Civil Procedure of the plaintiff petitioner upon the opposite parties calling upon them to show cause as to why the prayer for amendment of the plaint should not be allowed after setting aside the order dated 24‑12..Category: Civil Law | Date: | Hits: 112
Abdul Hamid Shaikh Vs. Sree Sree Ram Krishna Dev & others, 1993, 22 CLC (HCD)
....one for a declaration of title, confirmation of possession and permanent injunction, in respect of the suit land comprising 3.46 decimals of land as described in the schedule of the plaint and in the alternative with a prayer for recovery of khas possession of the suit‑land if the plaintiff was fo......ed by its Shebait instituted a suit being Title Suit No.611 of 1978 in the 3rd Court of Munsif, Narail, originally praying for a permanent injunction against the defendants 1‑4. Subsequently on the prayer of the plaintiff, the suit was amended as one for a declaration of title, confirmation of pos..Category: Property Law | Date: | Hits: 113
Shamsul Haque and another Vs. State, 1997, 26 CLC (HCD)
....t and order of conviction and sentence passed by the Tribunal is modified accordingly. Send down the lower Court records at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 528. ......of the Code of Criminal Procedure, he may be convicted under sub‑section (2) of section 25B of the Special Powers Act, 1974. It appears that the appellant Shamsul Haque was not granted bail and his prayer for bail was refused by the order dated 3‑3‑93. The learned Advocate for the appellants h..Category: Criminal Law | Date: | Hits: 79
Wazuddin and others Vs. Md. Serajuddin @ Islam and others, 2009, 38 CLC (HCD)
....o granted at the time of issuance of the rule is hereby vacated. Send down the L.C. records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 217; 61 DLR (HCD) (2009) 788. ......bout 15/16 years before the institution of the said Title Suit No. 125 of 1970, and as such dismissed the suit in respect of -05 acres of land possessed by the present Defendant No.2 and rejected the prayer for injunction in respect thereof. 4. The plaintiff examined 2 witnesses and the defendant..Category: Property Law | Date: | Hits: 106
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