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Bangladesh Vs. M/s. Mashrique Textiles and others, 1982, 11 CLC (AD)
....e plaintiff-respondent that only 75,000 pieces of gunny bags were so far received by S & M.O., CSD, Halishaher, Chittagong. The plaintiff-respondent No.1 was accordingly called upon to refund the excess amount which was already paid to them. As, according to the contract, the plaintiff- responde......at the agreement be filed in Court must, however, stand. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 66. ..Category: Alternative Dispute Resolution | Date: | Hits: 147
Zebunnessa Vs. Commissioner of Income Tax North (Zone), Dacca, 1982, 11 CLC (AD)
....nt according to law. 21. Mr. Hossain has submitted that for the rent derived from the sub-lessee, the lesor, Sonali Estate Agents, will be liable to pay tax on “business profits” in respect of excess amount over Tk. 48,000/-. But M/S Sonali Estate Agents is not a party to this case and when t......ve the question of assessment open for determination by the Department in the light of the observations made above. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 56...Category: Fiscal/Taxation Law | Date: | Hits: 88
Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
....oans Act 1918 was amended by section 5 of the Panjab Relief of Indebtedness Act which was extended to Delhi in 1956. The question was whether the rate of interest if exceeds 71/2% shall be declared excessive even by the Appellate Court notwithstanding that the decree passed by the trial Court wa......situation has deteriorated to an alarming state seriously threatening peace, tranquillity, stability and life with dignity and bickering for power among the members of the ruling party ignoring the duty to the state and jeopardising national security and sovereignty. AND Whereas the people o..Category: Constitutional Law | Date: | Hits: 181
Md. Anowarul Mustakin and another Vs. State, 2011, 40 CLC (HCD)
....scharged from their respective bail bonds. Send down the lower Court records with a copy of this judgment immediately. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......ith a fine of Tk. 1,000/-, in default to suffer rigorous imprisonment for a further period of 3 (three) months. 2. The prosecution case, in short, is that the informant and Md. Quamruzaman were on duty in the bus terminal on 13.11.98 from 8:15 a.m. At about 14.00 hours they received a secret info..Category: Criminal Law | Date: | Hits: 68
Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)
....l is dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ......ure and in doing so it must be bear in mind that its function is Jus dicere, not jus dare. As regards role of the Court, Salmond observed:— "This traditional English view is the following. The duty of the judicature is to discover and to act upon the true intention of the legislature the ..Category: Tenancy Law | Date: | Hits: 210
Kamaluddin Ahmed Vs. Director of Trade Organisations and others, 2000, 29 CLC (HCD)
.... Rule is disposed of without any order as to costs. Send down the record at once. Let a copy of order portion be sent to DTO immediately. Ed. This Case is also Reported in:52 DLR (2000) 659. ......pon and, as such, the instant Rule has become infructuous and should be discharged. 16. It is submitted by the petitioners that the respondent No.1, the DTO, is required to discharge his statutory duty under the Ordinance, by cancelling the impugned resolution and circular which are manifestly no..Category: Others | Date: | Hits: 123
Janata Insurance Co. Vs. Islam Steel Mills, 2000, 29 CLC (HCD)
....in MS No.44 of 1994, MS No.45 of 1994 and MS No.46 of 1994 are hereby confirmed. Let the records be sent down without any further delay. Ed. This Case is also Reported in: 52 DLR (2000) 642. ......d thereunder to communicate to the promissor every fact and circumstance which may influence him in deciding to enter into the contract or not. 27. The same way, the insurer (promissor) has also a duty to act in good faith as the principle is stated in the case of United India Insurance Co. Vs. M..Category: Business or Commercial Law | Date: | Hits: 211
Bangladesh Inland Water Transport Corporation Vs. M/S Broadway Shipping Limited, 2010, 39 CLC (HCD)
....actual realization of decreetal amount along with the cost of the suit. The office is directed to assess the cost of the suit and the amount of interest. Ed. This Case is also Reported in: ...... the terms: (1) Is the suit is maintainable? (2) Has the plaintiff any cause of action? (3) Was the damage caused to plaintiff’s Tanker T-1049 due to the negligence of breach of statutory duty committed by the defendant’s vessel M.T. ESSENCE? (4) Is the plaintiff entitled to compen..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
Fazlur Rahman & Co. Vs. M.V. CHOSUN HOPE and others, 2010, 39 CLC (HCD)
....days from the date of decree drawn. The office is directed to calculate the interest and the cost and inform the same to the defendant within the date fixed. Ed. This Case is also Reported in: ......learned Senior Advocate Mr. Fida M. Kamal as against such arguments relied on two points. Firstly he argued that the provisional Collection of Taxes Act, 1933 provides for immediate collection of any duty proposed to be imposed by the Finance Bill and accordingly the proposed development surcharge w..Category: Admiralty Law or Maritime Law | Date: | Hits: 178
United Commercial Bank Ltd. Vs. Rahimafrooz Batteries Ltd. and others, 2000, 29 CLC (HCD)
....suit on 24-3-97 did not commit any error of law calling for our interference in any way and, as such, both the appeals therefore must fail. Ed. This Case is also Reported in: 52 DLR (2000) 625. ......nt to make rules with retrospective effect. 29. Mr. Mahmudul Islam also submitted that on acceptance of the tender of the defendant No.3 by the Government, the contract is complete. Now, it is the duty of the Government to see that the defendant No.3 get possession of the suit building. According..Category: Tenancy Law | Date: | Hits: 135
State Vs. Shamima Arshad, 2000, 29 CLC (HCD)
....on made above we do not find any substance in this appeal. In the result the appeal is dismissed. Let the records be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 617.......y accused respondent of the charge under section 302 of the Penal Code. The prosecution case, in brief, is that, from 5-11-82 to 6-11-82 P.W.1 Sub-Inspector of Police Md. Habibur Rahman was on patrol duty and he received a wireless message from Duty Officer ASI Anwar Hossain requesting him to move t..Category: Criminal Law | Date: | Hits: 60
Amir Sohel Miah Vs. State, 2011, 40 CLC (HCD)
....y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ......dditional Session Judge, 1st Adalat, Faridpur. 2. Facts for disposal of the rule are that on 17.08.2005 at about 20.30 hours the informant accompanied by his companion police forces was on special duty at Faridpur at town area at about 11.00 to 11.30 hours bomb was blasted in the eastern side of ..Category: Criminal Law | Date: | Hits: 48
Rupali Bank Ltd. Vs. Chairman, 2nd Labour Court Dhaka & another, 1999, 28 CLC (HCD)
....oresaid complaint cases by Annexure “C” to the writ petitions. In the result the Rules are discharged without any order as to costs. Ed. This case is also Reported in: 52 DLR (2000) 603. ...... may be, continues,” 16. Relying on this section the High Court of Allahabad in the case Municipal Board, Allahabad Vs. B Sarker Bahadur Johari reported in AIR 1929 (Allahabad) 870 discussed the duty of the Municipal Board under section 228(b) of UP Municipalities Act, 1916 and observed as foll..Category: Labour and Industrial Law | Date: | Hits: 140
Rasharaj Sarker Vs. State, 2000, 29 CLC (HCD)
.... no prima-facie case, submitted final report against the petitioner which report having been accepted and accused person having been discharged the learned Additional Metropolitan Magistrate acted in excess of jurisdiction in reviving the case after such order of discharge. 7. Mr. Shueb Ahmed, le......te accepts the same. When a statute requires that something shall be done or done in a particular manner or form declaring what shall be the consequence, it shall be regarded as imperative. It is the duty of the Courts of justice to try to get at the real intention of the legislature. 11. In case..Category: Criminal Law | Date: | Hits: 56
Abdul Baten Vs. State, 2011, 40 CLC (HCD)
....e and reduced to his sentence to the period undergone. Send down the L.C. R. along with the judgment to the courts below. AKM Zahirul Haque J.- I agree. Ed. This Case is also Reported in: ......ar more should not be set aside. 2. Prosecution case in short, inter alia, is that S.I. Md. Abdul Hai, lodge an Ejahar with Sutrapur Police Station on 26.08.2003 alleging that the informant was on duty in the officer of Rapid Action Battalion in Sutrapur Police Station and received a secret infor..Category: Criminal Law | Date: | Hits: 56
Liton Vs. State, 2011, 40 CLC (HCD)
....e and reduced to his sentence to the period undergone. Send down the L.C. R. along with the judgment to the courts below. AKM Zahirul Haque J.- I agree. Ed. This Case is also Reported in: ......at on 16.01.2004 one Md. Selim Hossain, ASI of police lodged an FIR with the Gangni Police Station alleging, inter alia, that on 15.01.2004, at about 17.45 pm, he along with his forces were on patrol duty; that on 16.01.2004 at about 1.00 pm they came to know that some miscreants are taking preparat..Category: Criminal Law | Date: | Hits: 48
National Board of Revenue and others Vs. PHP Cold Rolling Mills Limited, 2009, 38 CLC (AD)
....ent of the said surcharge. In that view of the matter, we find no substance in these petitions and accordingly those are dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 132. ......nd VAT, Feni Division, praying for allowing draw back on the said IDSC but the said Assistant Commissioner, by his memo dated 19.09.2006, denied his prayer, alleging that the said IDSC is not customs duty. This order of rejection was challenged in Writ Petition No. 11142 of 2006 and in other Writ Pe..Category: Fiscal/Taxation Law | Date: | Hits: 70
Mainmunal Islam and others vs. The Collector of Customs and others, 2010, 39 CLC (AD)
....essed with customs duty and Vat on the basis of such S.R.O. We find no substance in these appeals which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 227. ...... are that in all those writ petitions two S.R.Os. of Customs dated 02.02.1993 and 28.10.1993 were challenged as illegal and unlawful on the ground that Collector of Customs-respondent claimed customs duty and tariff value at an enhanced rate of U.S. $ 3.50 per Kg. on secondary quality Tyre cord fabr..Category: Fiscal/Taxation Law | Date: | Hits: 75
State Vs. Md. Kaloo, 2003, 32 CLC (HCD)
....ariat, Dhaka; c. Inspector General of Police, Dhaka and d. Superintendent of Police, Jessore. Lower Courts Record be sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 638.......mned prisoner with one bruise injury in the right side on the neck. In case of death of wife in the house of her husband a heavy onus lies upon husband to account for the death of wife and husband is duty bound to explain as to how wife met her death in his house and, in the absence of any explanati..Category: Criminal Law | Date: | Hits: 45
State Vs. Shaiokh Abdur Rahman and others, 2006, 35 CLC (HCD)
....sions Judge, Jhalakati in Sessions Case No. 28 of 2006 is affirmed. The Jail Appeal No. 457 of 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ......at he could not remember the date of the aforementioned meeting in which he was present. 34. PW 13 Arun Kanti Chanda is a driver of the ambulance of Jhalakati Fire Brigade, on 14-11-2005 he was on duty and carried one of the injured Judges from the place of bomb blast to the Jhalakati Hospital. T..Category: Criminal Law | Date: | Hits: 224