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Hubble Corporate Ltd. Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)

.... of stay granted earlier by the Court stands vacated. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ......vit-in-opposition as well as a supplementary affidavit-in-6pposition contending, inter alia, that the suit was not barred by limitation under section 46 of the Ain; that the suit was filed within the period of limitation and there was proper cause of action for filing of the suit and the learned Jud..

Category: Civil Law | Date: | Hits: 176

Dr. Md. Habibullah Vs. Additional Secretary and Member (Appeal and Revision) and others, 2007, 36 CLC (HCD)

....cember, 1985 to the petitioner as prayed for within a period of 30 days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 704. ......3. 5. After registration, the petitioner was compelled under threat of penal consequence to comply with the SRO No.318 dated 27-6-84 and to pay business turnover taxes of Taka 2, 28,136.62 for the period from July 1984 to December, 1985. The petitioner then approached the respondent repeatedly an..

Category: Administrative Law | Date: | Hits: 491

Md. Iddris Sheikh Vs. State, 2008, 37 CLC (HCD)

....f Chief Judicial Magistrate, Faridpur, shall continue in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 223. ...... in 9 BLC (AD) 177; 9 MLR (AD) 299, wherein it has been held:- "If any cheque is presented to the Bank twice or on many more times, within six months from the date it was drawn, computation of the period for prosecution under section 138 of the Negotiable Instrument Act should be done from, which..

Category: Criminal Law | Date: | Hits: 103

Shamsul Alam Selim alias Sheikh Selim alias Anik Chowdhury Vs. State and another, 2006, 35 CLC (HCD)

....l Magistrate, Chuadanga is directed to proceed with the trial expeditiously in accordance with law. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 219. ......f complaint, it has been alleged that the complainant petitioner comes from a very respectable family in Chuadaanga. The father of the complainant was landlord and renowned business man since British period and his all brothers and sisters are highly educated and have been working in higher post in ..

Category: Criminal Law | Date: | Hits: 81

Dabiruddin and others Vs. State, 2007, 36 CLC (HCD)

....ainst them. They shall be set at liberty forthwith if not wanted in connection with any other case. Send down the L.C. R at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 181. ......nd the appellants were convicted under section 302/34 of the Penal Code and sentenced to suffer imprisonment for life with fine of Taka 5,000/- only each and failing to pay the fine to suffer another period of 3(three) months imprisonment each. The 12(twelve) other accuseds were acquitted. 2. On..

Category: Criminal Law | Date: | Hits: 74

Elias Brothers (Md.)(Pvt.) Limited and another Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....per incuriam when the provision of section 12(1) was totally ignored and it had no binding effect upon any Court or any Executive. Since the compensation assessed earlier was not deposited within the stipulated period the LA pro­ceeding stood abated automatically……………………..(27) F......r, rather they can go to the Court if the estimate was not acceptable to them and can invoke the writ jurisdiction of the High Court Division challenging the assessment. After expiry of the statutory period of 60 days as mentioned in 7(4) of the Ordinance the acquisi­tion stood abated…………â€..

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. ......who was the Managing Director at the relevant time and other documents filed with that office and could have also seized the minutes book and resolution book of the concerned company for the relevant period, which are lying in the custody of the company secretary or other officer of the company. App..

Category: Criminal Law | Date: | Hits: 124

Abul Hossain Vs. National Board of Revenue and others, 2012, 41 CLC (HCD)

....t of this Order positively without any fail. (Underlined by me). With this observations and the direction the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 341. ...... down. But the respondents without exercising the power conferred under section 179 of the Customs Act without adjudicating the matter has been deliberately keeping the same pending for an indefinite period causing a serious hardship to the petitioner affecting his right to profession guaran­teed u..

Category: Fiscal/Taxation Law | Date: | Hits: 177

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

....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. ......, the instant petition was filed on 14.09.2008 and after hearing a Rule Nisi was issued on 17.09.2008 as stated above. Pending hearing of the Rule, the operation of the NOC was stayed initially for a period of 2(two) weeks and, subsequently, it has been extended from time to time. By 26.10.2008, res..

Category: Environmental Law | Date: | Hits: 688

Jahirul Haque Vs. State, 2011, 40 CLC (HCD)

....st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ......e in the charge sheet and the evidence of the P.Ws. which in not at all convincible and acceptable. 28. From the impugned Judgment it is found that the learned trial Court did not deduct the total period during which the appellants had been in cus­tody in connection with the present case before ..

Category: Criminal Law | Date: | Hits: 83

Dolon (Md.) Vs. State, 2012, 41 CLC (HCD)

....me Affairs, Inspector-General of Police and Director General of Rapid Action Battalion. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 501. ......nsideration as pro­vided in Article 35(2) where it has been categorical­ly stated that every persons who is arrested and detaining custody shall be produced before the near­est Magistrate within a period of 24 hours of such arrest excluding the time necessary from the journey from the place of ar..

Category: Criminal Law | Date: | Hits: 99

Md. Wahed Ali Vs. Ms. Moslema Khatun, 2008, 37 CLC (HCD)

.... 22. 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: 14 MLR (HCD) (2009) 427. ......he judgment and decree dated 31-05-2003 decreed the suit in part to the effect that the plaintiff will get half of the entire amount of the dower amounting to Tk.45,000/- and maintenance during iddat period for three months at the rate of Tk.500/- total amounting to Tk,46,500/-. 8. On appeal, the..

Category: Family Law | Date: | Hits: 180

Mokbul Hossain Santu (Md.) Vs. Bangladesh and others, 1997, 26 CLC (HCD)

....702 of 1987 and a leather belt having 12 cartridges which were seized by a seizure list on 3‑8‑93, to the petitioner immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 591. ......ondents are malafide, arbitrary and without any lawful authority. He has further submitted that respondents have no authority under law for keeping the seized arms of the petitioner for an indefinite period. Therefore the respondents may be directed to return the seized arms to the petitioner. Th..

Category: Criminal Law | Date: | Hits: 77

Foyez Ahmed Vs. State, 2012, 41 CLC (HCD)

.... Let the records of the Mobile Court along with a copy of this Judgment be sent down at once for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 257. ......n 189 of the Penal Code, 1860 and sentencing him thereunder to suffer simple imprisonment for 4 (four) months and to pay a fine of Taka 2,000 in default, to suffer simple imprison­ment for a further period of 1 (one) month should not be quashed and/or such other or further order or orders passed as..

Category: Criminal Law | Date: | Hits: 81

Md. Joinaul Abedin Mintu Vs. Joint District Judge, 3rd Court Tangail and others, 2010, 39 CLC (HCD)

....ged property and certificate as per provision of Section 33 of the Artha Rin Adalad Ain, 2003 inasmuch as, as per provision of Section 28 of the said Ain, he had to file the execution case within the stipulated time first. So the impugned order is unlawful. 4. Mr. Md. Idris Khan, the learned Advo......to have been made without lawful authority and in an unlawful manner and is of no legal effect. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 277. ..

Category: Civil Law | Date: | Hits: 174

Azam Ali and another Vs. Akram Ali and others, 2010, 39 CLC (HCD)

....of status quo granted at the time of issuance of the Rule is hereby re-called and vacated. 20. Send down the lower Courts records. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 273. ......by the learned Joint District Judge, Second Court, Dhaka in Title Appeal No.528 of 2002 was stayed and the parties were directed to maintain status quo in respect of possession of the suit land for a period of 6(six) months. Both the orders of stay and status quo was subsequently extended from time ..

Category: Procedural Law | Date: | Hits: 99

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

....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. ......nment to life. This has evoked considerable public criticism. Appellate Division in some cases opined that a convict may be enlarged on bail if there is no chance of disposal of the appeal within the period of his sentence. A convict who is sentenced to imprisonment for life does not fall within the..

Category: Criminal Law | Date: | Hits: 87

United Mineral Water and PET Industries Ltd. Vs. Commissioner, Customs, Excise and VAT Commissionerate and others, 2007, 36 CLC (HCD)

....05 (Annexure-C) is hereby declared to have been issued without lawful authority and, as such, of no legal effect. Communicate at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 734. ......mmissioner (Annexure-C) was issued under any lawful authority. 10. The notice reads, amongst others, that respondent No. 2 found that the petitioner sold products of Taka 46, 33, 55,612 during the period from January, 2003 to December, 2004 as per VAT accounts. But the petitioner received Taka 14..

Category: Fiscal/Taxation Law | Date: | Hits: 131

Engineer Mahmudul Islam and others Vs. Government of the People's Republic of Bangladesh and others, 2002, 31 CLC (HCD)

....a copy of this judgment and order be sent to the Hon'ble Prime Minister for perusal and necessary action as per our observations made above. Ed. This Case is also Reported in:55 DLR (2003) 171. ......is to call for competitive bids to get a better price and to show fairness on the part of the availability of the parties interested in setting up of container terminals, at least during the relevant period the authority ought to have gone for competitive bids, more so when no specific amount of the..

Category: Others | Date: | Hits: 113

BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)

....gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ......f the national pay scale under which the Head of the Republic and Government received what salary and benefits of course tax-free from the public exchequer for performing the public duties during the period. 8. The moot issue that is facing us is whether or not the Board was justified in refusing..

Category: Fiscal/Taxation Law | Date: | Hits: 171