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Mangal Chandra Sarker and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....s from the places wherein their homesteads are situat­ed considering their humanitarian approach. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 152. ......ce against the order of acquisition of the land described therein. 9. The petitioners, in all the writ petitions, narrating their claim of title stated that the respondents did not comply with the provisions of relevant law while making requisition and subsequently acquisi­tion of the land in qu..

Category: Property Law | Date: | Hits: 89

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. ......respect of which the turnover tax shall be chargeable and such declaration may be made at any time before or after the issue of notification under section 3 of the Ordinance. 23. Pursuant to above provisions of the Ordinance, it appears that the Government as well as National Board of Revenue pub..

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. ......sul Huda, the learned Advocate appearing for the complainant opposite party No.2, by filing Counter affidavit opposes the Rule and submits that the instant case was filed complying with all the legal provisions of Negotiable Instrument Act and as such the Rule should be discharged. He adds that the ..

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. ......ground for quashing the impugned proceeding by invoking our inherent jurisdiction under section 561A of the Code of Criminal Procedure as the accused petitioner still has an opportunity to invoke the provisions under section 241A of the Code of Criminal Procedure which provides for an alternative re..

Category: Criminal Law | Date: | Hits: 81

Sakya Pada Barua & others Vs. State and others, 1986, 15 CLC (HCD)

....ioners Sakya Pada Barua, Fazlul Huq, Nurul Mostofa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 86. ...... Ordinance No. XL of 1977 paragraphs 2 and 5 of the schedule to the Special Powers Act, 1974 containing all the Penal Code offences were omitted from I purview of the Special Powers Act. The relevant provisions of Ordinance No. XL of 1977 are as follows: "5. Amendment of Schedule. Act XIV of 197..

Category: Criminal Law | Date: | Hits: 103

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

....Hasan Ariff, Senior Advo­cate along with Mr. Ramzan Ali Sikder and Mr. Ashraful Hadi, Advocates appearing on behalf of the petitioner submits that the respondentsNo.1 and 2 failed to discharge their mandatory statutory duties under section 12 of the ordinance to declare by notification in the offic...... be issued calling upon the respondents to show cause as to why the actions of the respondents in reassessing the award compensation at the instance to the requiring body (respondent No.4) beyond the provisions of the Acquisition and Requisition of Immovable property Ordinance, 1982 and without serv..

Category: Civil Law | Date: | Hits: 170

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. ......iew has directed for adjudication as per section 179 of the Act in several cases. By now it has been well settled. Indeed we have found a sharp departure by the respondents in complying with the said provisions in the present case. 12. Considering the facts and circumstances of the case and the s..

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

Shitalakhaya Ice and Cold Storage Pvt. Ltd. Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)

....Ain, 2003 (hereinafter referred to as Ain) so far it relates to the question of filing of the suit by the Bank or financial institution against the borrower within specified time is directory and not mandatory and therefore in any view of the matter the suit is not barred by limitation (Annexure-H).......t of this order positively and ensure the compliance to the Registrar of the Supreme Court without any fail. Communicate at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 487. ..

Category: Civil Law | Date: | Hits: 108

Bashir Ullah Master Vs. Bangladesh and others, 2008, 37 CLC (HCD)

....on and obtained the present Rule. 6. Mr. Mahbubul Hoque, the learned Advocate appearing for the petitioner, supports the Rule and submits that the learned Judge of the Adalat without complying the mandatory Provisions of law prescribed Artha Rin Adalat Ain, 2003 (briefly as Ain) issued warrant of......he decree holder bank was not in a position to sell the property in auction, and, as such, on the prayer of the bank, the Adalat by the order dated 13-11-2005 issued warrant of arrest pursuant to the provisions of section 34(1) of the Ain 2003 to compel the judgment debtor petitioner for payment of ..

Category: Civil Law | Date: | Hits: 93

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. ......o the Basel Convention, is obliged to follow the norms laid down in that Convention and that admittedly the vessel MT Enterprise contained hazardous materials and was imported in contravention of the provisions of the Basel Convention. It is further contended that the vessel in question, like all ot..

Category: Environmental Law | Date: | Hits: 688

Provat Mondal and others Vs. State, 2012, 41 CLC (HCD)

....osed of. Let a copy of this order be immediately trans­mitted to each of the Courts below for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 182. ......further submits that the order of appointment of the receiver of the dis­puted property was made on 18-12-2011 and by this time more than two months have already elapsed and in this perspective, the provisions of sub-section (6) of section 144 of the Code of Criminal Procedure will come into play a..

Category: Criminal Law | Date: | Hits: 74

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

.... the accused Dolon was pro­duced to the concerned Magistrate. 42. Considering this aspect of the present case we are of the view that the P.W.1 being an officer of an elite force has violated the mandatory provision of law; after apprehending the accused without sending him to the local Police S......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. ..

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. ......t in the case repotted in 43 DLR (AD) 82, 51 DLR (AD) 57, 19 BLD (AD) 156 and 38 DLR (AD) 201. 18. It reveals that the plaintiff instituted family suit No.19 of 2002 in the Family Court, under the provisions laid down in section 6 of The Family Court Ordinance, 1985. Section 10 of The Muslim Fami..

Category: Family Law | Date: | Hits: 180

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

..... 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. ...... 5. Mr. Ajmalul Hossain QC, the learned Senior Advocate appearing along with Mr. ABM Siddiqur Rahman on behalf of the petitioner placed the application, supplementary affidavits, other affi­davits, provisions of law and also placed written submissions on behalf of the petitioner. The written submi..

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

MA Gafur Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)

.... 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. ......ibers, subscribing for total 2000 numbers shares of Tk.100 each. These 4 subscribers each has sub­scribed 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 w..

Category: Company Law | Date: | Hits: 129

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. ......Declaration) Act, 1973. 7. From the preamble of the Arms Act it appears that the Act was enacted to consolidate and amend the law relating to arms, ammunition and military stores. It lays down the provisions for possession of the firearms under licence and the punishment for not having any licenc..

Category: Criminal Law | Date: | Hits: 77

National Bank Ltd. Vs. Provashi International Ltd. and others, 2010, 39 CLC (HCD)

....der as to costs. The Judgment and decree passed by the trial Court is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 229. ......titutions in respect of their claims arising out of the loans allowed by them, would stand transferred in the respective Artha Rin Court within the District. . . According to Section 3 of the Act the provisions of this Act will be effective notwithstanding any other law for the time being in forceâ€..

Category: Civil Law | Date: | Hits: 106

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

....ere is no provision what­soever within the four corners of the Ain that empowers that Executive Magistrate to detain him in police custody; but the Executive Magistrate, in flagrant violation of the mandatory provisions of the Ain, received a written complaint from the Surveyor Ajoy Kumar Das, dire....... 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 over­riding law. From a combined reading of the provisions of section 4 and section 6(1), it is abundantly clear that the authorized Executive Magis..

Category: Criminal Law | Date: | Hits: 81

Md. Mosarraf Hossain Mondol Vs. Md. Elias Hossain Mollick and others, 2007, 36 CLC (HCD)

....anted earlier by this Court stands vacated. 29. Send down the lower Court's record at once with a copy of Judgment for information. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 107. ...... have been affected by auction has the right to file an application under section 23 of the Public Demand Recovery Act 1913, to set aside the auction sale. 18. For the convenience of understanding provisions of law described in section 23 reads as hereunder: Public Demand Recovery Act, 1913 ..

Category: Procedural Law | Date: | Hits: 114

S.M. Ahsan Kabir Vs. Election Appellate Tribunal (Upazilla Election Parishad) and others, 2010, 39 CLC (HCD)

....ever, without any order as to costs. The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 289. ......nal to the Election Appellate Tribunal within 30 days from the date of order. Rule 65(3) of the Rules, 2008 has to be read with section 13(4) of the Ordinance, 2008. On a combined reading of the said provisions it appears that an appeal may be preferred before the Election Appellate Tribunal against..

Category: Election Law | Date: | Hits: 600