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Ali Amjad Khan (Md.) Vs. Md. Habibullah Dawn & others, 2013, 42 CLC (AD)
....n of his possession in the suit land. His case, in brief, is that Rafique Ahmed Khan got allotment of the suit land from Rajdhani Unnayan Karthipakkha (RAJUK) and accordingly, RAJUK executed and registered a lease deed dated 13-8-1969 and he got possession thereof. After death of Rafique Ahmed ......iation of law and fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 28. ...... on proper appreciation of law and fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 28. ..Category: Civil Law | Date: 10 Oct, 2013 | Hits: 33
....tgaged property, fixing 26-11-2008. On the date fixed auction was held and the auction purchaser deposited bid money of Taka 4, 12,000 by two pay orders and thereafter sale deed was executed and registered by the bank on 15-12-2008 and subsequently possession was delivered to the auction p......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.
......ake necessary steps to protect their properties as necessary during such process.......(18)
Case Referred to-
67 DLR (2015) Proshanta Kumar Vs. A Banesa Bibi, Senior Vice-President, 63 DLR (AD) 160
Lawyers Involved:
ATM Fazle Rabbi, and Md. Jiaur Rahman, Advocate —For the P..
Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8
Ahmed Lal Mia Vs. State and another, 2013, 42 CLC (AD)
....t in the bank on 17-1-2011, but the same was dishonoured with the endorsement "payment stopped by drawer.”] Then the complainant issued the statutory notice upon the accused on 2-2-2011 by registered post asking him to make the payment of the amount of the dishonoured cheque which was dul......nk on 17-1-2011, but the same was dishonoured with the endorsement "payment stopped by drawer.”] Then the complainant issued the statutory notice upon the accused on 2-2-2011 by registered post asking him to make the payment of the amount of the dishonoured cheque which was duly received ......res. 9. In view of the above, no interference is called for with the impugned judgment and order. The leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 204. ..Category: Criminal Law | Date: 3 Oct, 2013 | Hits: 5
AA Engineering Limited Vs. University of Khulna, 2013, 42 CLC (AD)
....lace of Sales tax and Business Turn Over tax to simplify the taxation system (section 73). Under the VAT scheme as laid down in the Act the Bangladesh Telegraph and Telephone Board is one of the registered taxable persons providing service by offering telephone to its customers (section 15) and......hy;ment of Francis Vennion, a modern authority on interpretation of statutes, in his book, Statutory Interpretation, 5th Edition at pages 702 and 703. "Section 231. The basic rule regarding post-enacting history In the period immediately following its enactment, the history of how an ...... the appellant without 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. ..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)
....as admittedly born & brought up in Hemayetpur, Pabna. Thagore Anukul Chandra completed his education at Hemayetpur, Pabna and established an Asrom namely "Satsongo Bangladesh" which was registered on 12-10-1925 AD. Thagore Anukul Chandra left this country in the year of 1946 giving ord......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 ......he was born. He has many devotees there who perform prayer and other religious activities for spiritual peace. Subsequently, Sree Sree Thagore Anukul Chandra leaving the Ashrom on 1st September, 1946 AD went to Deoghor of Bihar Province in India. He never returned back to Pabna and as a result the G..Category: Civil Law, Procedural Law | Date: 26 Sep, 2013 | Hits: 3
....ion under subsection (1) of section 19 of the VAT Act. In repealing, the said view of the Appellate Tribunal, the High Court Division held that under sub-section (1) of section 19 Of the VAT Act if a registered person refrains from production or supply of taxable goods, he shall inform suc......no reason and logic, he could just sit over the matter.
With the above observations, this petition is dismissed.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 143
......his way or that way and, for no reason and logic, he could just sit over the matter.
With the above observations, this petition is dismissed.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 143
..
Category: Fiscal/Taxation Law | Date: 24 Sep, 2013 | Hits: 9
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 ......and abroad and passed the prescribed examination after which he was confirmed in the service on 31-7-1975 through notification published in the Official Gazette dated 28-4-1977. He was posted in the Bangladesh Steel and Engineering Corporation on deputation and he was working the......ide order dated 20-10-1983. The Government posted him as Thana Nirbahi Officer of Pirojpur vide notification dated 14-7-1983, where he joined on 24-7-1983. Thereafter he was successively appointed as ADC and ADM by the Government. While he was working as ADM at Bogra the Government vide noti&sh..Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3
ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)
.... that on 14-5-2008, he was on duty as Duty Officer as Shahbag Police Station, Dhaka Metropolitan Police, Dhaka and on that day, on receipt of a written ejahar from the informant Abdullah-al-Zahid, he registered Shahbag Police Station Case No. 27 dated 14-5-2008 by filling in the prescribed form......n of Corruption Act. 34. The P.W.3 is Jamshed Minhaz Rahman. He states in his evidence that on 9-6-2003, he joined the Bangladesh Embassy in Abu Dhabi as Third Secretary and on 31-1-2008, he was posted as Second Secretary and Head of Chancery at that Embassy and during his tenure there from Apr...... Ali Mollah alias Moslem Mollah and others Vs. State, 48 DLR 427 and Mansur Ali Vs. State, 39 DLR 184; Khondker Moshtaque Ahmed Vs. Bangladesh through the Secretary, Ministry of Home Affairs, 34 DLR (AD) 222; Habibur Rahman Molla Vs. State, 61 DLR 1; Khondker Moshtaque Ahmed Vs. Bangladesh through t..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
....l parties of Bangladesh within certain framework amended some provisions of the Representation of the Peoples Order, 1972 (hereinafter referred to as the RPO) and required the political parties to be registered prior to contesting the General Election complying the provisions of the RPO and in a fol......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.
......nd at 266; Whitney Vs. California, 274 US 357, 71 L Ed 1095, 47 S Ct 641 (1927); Brandenbourg Vs. Ohio, 395 US, at 447, 449, 23 L Ed 2nd 430; Dr. Mohiuddin Farooque Vs. Bangladesh and others, 49 DLR (AD) 1; BRAC and others Vs. Professor Mozaffor Ahmed and others, 54 DLR (AD) 36; Lord Denning M. R. i..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
....qualification clause laid down under Articles 90B (1) (b) (ii) and 90C (1) respectively of the RPO. Article 90(C)(1) of the RPO disqualifies a political party from being registered if, amongst others, the objectives laid down in its constitution are contrary to the Cons......ndings arrived at by the Committee are recorded to be placed before the Commission for a decision. Since the matter has meanwhile come into consideration by the High Court Division the Commission has postponed all further proceeding of the matter and practically waiting for a decision from the Court......nd at 266; Whitney Vs. California, 274 US 357, 71 L Ed 1095, 47 S Ct 641 (1927); Brandenbourg Vs. Ohio, 395 US, at 447, 449, 23 L Ed 2nd 430; Dr. Mohiuddin Farooque Vs. Bangladesh and others, 49 DLR (AD) 1; BRAC and others Vs. Professor Mozaffor Ahmed and others, 54 DLR (AD) 36; Lord Denning M. R. i..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
Robi Axiata Ltd Vs. First Labour Court Dhaka and others, 2013, 42 CLC (HCD)
....r this Act and intends to seek redress hereof under this section, shall observe the following procedure:— (a) the worker concerned shall submit his grievance to his employer, in writing by registered post within fifteen days of the occurrence of the cause of such grievance and the employe......and intends to seek redress hereof under this section, shall observe the following procedure:— (a) the worker concerned shall submit his grievance to his employer, in writing by registered post within fifteen days of the occurrence of the cause of such grievance and the employer shall wit...... 28 DLR 160; Railway Men's Stores Vs. Chairman Labour Court , 30 DLR (SC) 251, AK Khan and Co, Vs. Chairman Labour Court, 32 DLR 164; James Finlay and Co. Vs. Chairman, 2nd Labour Court , 33 DLR (AD) (1981), 58; James Finlay and Co. Vs. Chairman 2nd Labour Court, 33 DLR (AD) 58; Pubali Bank Vs. ..Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7
....itimala provides that lease under the Development Scheme is to be given to applicants who earn their livelihood mainly from fishing. He further submits that the Samity of the petitioner has been duly registered upon finding that the members of the Samity are genuine fishermen. He points out that Ann......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:
......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:
..
Category: Civil Law | Date: 28 Jul, 2013 | Hits: 169
Zahir Fakir (Md.) and oth¬ers Vs. Hahma Khatun and others, 2013, 42 CLC (HCD)
....o the plaintiffs. Accordingly the parties went to execute and register necessary instruments on 19-2-1996 but defendant No.1 fraudulently prepared a deed of compromise (solenama) and got it registered showing only 0.86½ acres of land given to the plaintiffs and retaining 2.62½......urts records along with a copy of this judgment to the concern Court forthwith for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 240 ......urts records along with a copy of this judgment to the concern Court forthwith for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 240 ..Category: Property Law | Date: 25 Jul, 2013 | Hits: 6
Younusuzzaman (Badal) Vs. State and another, 2013, 42 CLC (HCD)
.... for insufficient fund. Finding no other alternative, the complainant issued a legal notice according to the provisions of the Negotiable Instruments Act through his learned Advocate on 30.08.2008 by registered post with A/D and the same was received by the accused petitioner on 02.09.2008. Unfortun......icient fund. Finding no other alternative, the complainant issued a legal notice according to the provisions of the Negotiable Instruments Act through his learned Advocate on 30.08.2008 by registered post with A/D and the same was received by the accused petitioner on 02.09.2008. Unfortunately, the ...... Bi Vs. ARPI Press, (1994) 80 Company CAs, 750 Ma; Wahidul Islam Chairman and others Vs. The State and others, 28 (2008) BLD (HCD) 354; Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 60 DLR (AD) 195. Lawyers Involved: Md. Lutfor Rahman, Advocate-For the petitioner. A.F.M. Mes..Category: Criminal Law | Date: 25 Jul, 2013 | Hits: 140
Chow Wen Chang and others Vs. SF Winsome Fashion Ltd. and others, 2013, 42 CLC (HCD)
...., processing of all kinds of garments materials. Subsequently, machineries, land measuring 45 decimal and 57.75 decimal with 20,000 sq.ft. semi-paka and steel shed building were procured locally vide registered Sale Deed No.7.851 dated 17-5-2010 and Sale Deed No.7852 dated 17-5-2010 respectivel......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. ......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. ..Category: Company Law | Date: 24 Jul, 2013 | Hits: 10
Sarwar Hossain Moni (Md.) Vs. State and another, 2013, 42 CLC (AD)
....angshal Branch on 10-6-2008, but it bounced on 15-6-2008 with the endorsement "insufficient fund". Then the complainant through his lawyer sent a legal notice to the accused on 22-6-2008 by registered post with acknowledgement by making demand of the payment of the said amount only, but th......nch on 10-6-2008, but it bounced on 15-6-2008 with the endorsement "insufficient fund". Then the complainant through his lawyer sent a legal notice to the accused on 22-6-2008 by registered post with acknowledgement by making demand of the payment of the said amount only, but the accused i......n sought to be reviewed in affirming the judgment and order passed by the High Court Division and accordingly, both these petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 283. ..Category: Criminal Law | Date: 24 Jul, 2013 | Hits: 8
Zahidul Islam (Md.) Vs. Md. Kamal Hossain and another, 2013, 42 CLC (AD)
....strate, Rajshahi on 21-6-2007 and he was enlarged on bail. The case being triable by a Court of Sessions, the case records were transmitted to the Court of Sessions Judge, Rajshahi. The case was registered as Sessions Case No.416 of 2007. The learned Sessions judge, by order dated 20-7-2007, to......irected to proceed with the trial of the Sessions case in accordance with law and dispose of the same expeditiously. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 180. ...... Sessions Judge, Rajshahi is directed to proceed with the trial of the Sessions case in accordance with law and dispose of the same expeditiously. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 180. ..Category: Others, Procedural Law | Date: 23 Jul, 2013 | Hits: 9
....e benefits to the petitioners counting their service period in the development project.
There will be no order as to costs.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 157
......ued calling upon the respondents to show cause as to why the impugned Memo dated 24-3-2008 (Annexure D) issued by the respondent No. 4 denying time scale and selection grade to persons in the revenue post who were transferred from the development project without counting their service period in......e benefits to the petitioners counting their service period in the development project.
There will be no order as to costs.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 157
..
Category: Administrative Law, Employment/Service Law | Date: 8 Jul, 2013 | Hits: 3
Ayurvedia Pharmacy (Dhaka) Ltd. Vs. Meher Banu Bibi and others, 2013, 42 CLC (AD)
.... legislation has come into force from 1st July, 2005 with a non-obstante clause. Moreover section 214A of the Specific Relief Act does not, at all, allow the court to entertain any plaint unless a registered agreement is annexed with the plaint and the balance amount is paid. The learned counsel......in which deserves our interference. In that view of the matter the petition for leave to appeal is hereby dismissed Ed. This Case is also Reported in: 21 BLT (AD) (2013) 229. ......gality or infirmity therein which deserves our interference. In that view of the matter the petition for leave to appeal is hereby dismissed Ed. This Case is also Reported in: 21 BLT (AD) (2013) 229. ..Category: Civil Law | Date: 7 Jul, 2013 | Hits: 13
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. ...... 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 Rahman he......o satisfactory proof of the guilt, the Court have no option but to give the benefit of doubt to the accused……… (19-22) Case Referred to- Shamsul Haque Vs. State, 6 BLD (AD) 216 = 38 DLR (AD) 75;Jaharlal Das Vs. State of Orissa, AIR 1991 (SC) 1388. Lawyers Involved..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3
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