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SM Redwan Vs. Md. Rezaul Islam and others, 2013, 42 CLC (AD)
....he High Court Division are hereby set-aside. The concerned Courts are directed to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 169. ......dit of that account was insufficient to honour of the cheque as envisaged in section 138 of the Act. Of course this is a rebuttable presumption. The defence can be considered at the time of holding trial and not in an application under section 561 A of the Code.......(22) Cases Referr..Category: Criminal Law, Others | Date: 9 Oct, 2013 | Hits: 12
....costs. The order of stay granted earlier is vacated.
Communicate a copy of the judgment to the bank concerned at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 50.
......ather kept the matter concealed from the petitioner. Besides, to determine the market price of the property at that time no information was obtained from the local sub-registration office before holding the auction.
The bank in selling the properties of the borrower placed to the bank as s..
Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8
AA Engineering Limited Vs. University of Khulna, 2013, 42 CLC (AD)
....thout deducting therefrom any amount on account of VAT. Khulna University is under the obligation to pay VAT in the instant case. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 19. ......x, super tax" must be read by applying the principle of ejusdam generis to mean a direct tax of the kind similar to income tax and super tax and the High Court Division committed error of law in holding otherwise. 7. Mr. Shamim Khaled, learned Advocate, appearing on behalf of respondent No..Category: Fiscal/Taxation Law | Date: 3 Oct, 2013 | Hits: 28
Satsang Bangladesh, D. Pakutia Vs. People’s Republic of Bangladesh and others, 2013, 42 CLC (HCD)
....evidence within 2(two) months from the date of receipt of this judgment, order. Communicate the judgment and order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 110 ......rties opposing the Rule submits that the schedule land of the original suit is unspecified and the suit is not maintainable under the purview of law and the lower appellate Court is justified in holding that the suit itself is not tenable in the eye of law. The learned Advocates furth..Category: Civil Law, Procedural Law | Date: 26 Sep, 2013 | Hits: 3
Government of Bangladesh Vs. Md. Abdul Maleque Miah and 7 anothers, 2013, 42 CLC (AD)
....allowed and the impugned judgment and order is set aside with the observations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167 ......mitted fact that no attempt was made for implementation of the decision by applying before the Tribunal as provided under the Administrative Tribunals Act, 1981, the High Court Division erred in holding without any basis, "Therefore, we hold that neither Rule 7 of the Administrative Tribun..Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3
....hereby declared to have been given without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 14.
......itation as well as using religion as a political tool and in the process misguiding the people and purporting to subvert the Constitution of the Republic. The petitioners are deeply concerned about upholding public interest and security of the people and the Republic, which has been exposed to sever..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
....নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮)
(..to be continued at CLC ID ( 9365 )
...... a constitutional body, propelled by mixed thrust of law and policy, having been confronted with difficulty to reconcile strict compliance of newly made registration law and the mounting pressure for holding the election with participation of all the political parties and alliances allowed registrat..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
Syed Raihan Hasan Ali Chowdhury Vs. Syed Hamde Ali Chow¬dhury and others, 2013, 42 CLC (HCD)
....Civil Rule No.905(f) of 2011 is disposed of. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ...... আবশ্যক। অন্যথায় বিবাদী পক্ষ ন্যায় বিচার হইতে বঞ্চিত হইবে। 5. Learned Judge rejected the plaint holding that the suit is barred by principle of law as Section 50 of the Waqf Ordinance is a bar for..Category: Trust/Waqf Law | Date: 29 Jul, 2013 | Hits: 5
Robi Axiata Ltd Vs. First Labour Court Dhaka and others, 2013, 42 CLC (HCD)
....Orders of Stay as initially granted are necessarily recalled and vacated. There are no Orders as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 551 ......ce between the definition clauses and the meaning of the term '"worker" as found in the provisions dealing with grievance procedure was addressed in the Railway Men's Stores Case by holding that it was the intention of the legislature, for this instance only, to use the word &..Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7
....d over possession of the fishery in question and also to refund to the petitioner the proportionate lease money for the unexpired period of the lease.
Ed.
This Case is also Reported in:
...... that reason recommendation was made to grant lease in it’s favour.
6. After hearing all the necessary parties the High Court Division by the impugned judgment and order made the Rule absolute holding that the lease agreement executed in favour of the writ respondent No.6 stands rescinded ab-..
Category: Civil Law | Date: 28 Jul, 2013 | Hits: 169
Chow Wen Chang and others Vs. SF Winsome Fashion Ltd. and others, 2013, 42 CLC (HCD)
....The respondent No.3 is directed to pay cost of Taka 50,000 to petition No.1 and Taka 50,000 to petitioner No. 2 within 30 days. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 584. ......davit do from part of the substantive application. 3. It has been stated in the application, amongst others that the petitioner No.1 is a shareholder-Director of the respondent No.1 company holding 10,000 ordinary shares of Taka 100 each. The petitioner No.2 is also a shareholder-Director ..Category: Company Law | Date: 24 Jul, 2013 | Hits: 10
Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)
....f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129. ......2000. 4. P W.17 Md. Zillur Rahman, ASI of Police, of Ramna Police Station prepared inquest report of the dead body of victim at Dhaka Medical College Hospital and sent the same to the morgue for holding post mortem examination through constable Delowar Hossain, P.W.14. P.W.13 Dr. Mizanur R..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3
Moulana Development Co. Limited Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)
....t relates to the previous assessment years other than the current assessment years. However, there shall be no order as to costs. Mohammad Ullah J. - I agree. This Case is also Reported in: ......engaged in Real Estate business and as such it drives income from the business of land development and from construction of apartments. The assessee-writ-petitioner company is an income tax assessee, holding of TIN. No. 305-200-4939, under the Companies Circle-1, Taxes Zone-1, Chittagong. The assess..Category: Fiscal/Taxation Law | Date: 12 Jun, 2013 | Hits: 86
Grameen Telecom Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ...... It has been stated in the instant Income Tax Reference Application that the Assessee-applicant is a company and a regular income tax assessee under the Companies Circle-07, Taxes Zone-03, Dhaka, and holding TIN. No. 070-200-5842/Coy-07, Dhaka. The Assessee-applicant company filed its income tax ret..Category: Fiscal/Taxation Law | Date: 5 Jun, 2013 | Hits: 86
Nazrul Islam (Md.) & others Vs. Mahfuzur Rahman and others, 2013, 42 CLC (HCD)
....order along with the lower Court s record be sent down to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 126. ......were allotted in the saham of Fazlar Rahman and the plaintiff Nos.1/3-4 but no share of land was allotted in favour of Ator Ali, the predecessor of the defendants thus he became land less in the suit holding and under the said prevailing circumstances he had requested his elder brother Fazlar Rahman..Category: Property Law | Date: 21 May, 2013 | Hits: 6
Moon Construction Company Limited Vs. Government of Bangladesh & others, 2013, 42 CLC (HCD)
....ent. Office is directed to communicate the copy of this judgment forthwith. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 193 ......e writ petition that the respondent No. 2 is kept silent to approve the file of the petitioner in respect of the running bill and retention money since October, 2011. 10. The issue as to whether holding an administrative file by the administrative authority is an abuse of power and/or misuse of..Category: Constitutional Law | Date: 16 May, 2013 | Hits: 4
..... Having considered section 19(2) (Jha) of the Local Government (Pourashava) Act, 2009, the High Court Division came to a finding that the exemption provided for in that section is only in respect of agricultural loan and that loan for the purpose of manufacturing handicrafts does not come with......made on proper appreciation of law and facts do not call for interference.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 19 BLC (AD) (2013) 1.
..
Category: Election Law | Date: 7 May, 2013 | Hits: 6
....the Commissioner of Customs, Chittagong is set aside.
Communicate the judgment and send down the records.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
...... the appeal, in brief, are that the proforma-respondent M/S Dysin Chemical Ltd. imported some finishing agent for textile industries from Taiwan. The appellant, a pre-shipment inspection agent, after holding inspection issued clean report of findings (CRF) certificate being No. BDH 2002 12796 IC dat..
Category: Fiscal/Taxation Law | Date: 24 Apr, 2013 | Hits: 186
Md. Mostafa Vs. Nrayangonj District Council and others, 2013, 42 CLC (AD)
.... Court. We do not find any cause to interfere with the impugned judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......smissed. 4. The trial Court upon consideration of the evidence on record dismissed the suit by the judgment and decree dated 10.03.2003 holding the suit to be barred by res judicata. Being aggrieved by the judgments and decree of the..Category: Civil Law | Date: 1 Mar, 2013 | Hits: 115
Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)
....ismissed. The appeal is dismissed with the above modification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ......was stipulated in the agreement amongst others that within 6 (six) months from the date of its execution, the defendant shall handover the up-to-date rent receipts, holding receipts, the electricity bills and other bills for water, gas etc. and also the vacant poss..Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42
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