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Sew Bishar Prasad Vs. Collector of Customs, Chittagong and others, 2001, 30 CLC (HCD)
....ase the bank guarantees furnished by the petitioner in terms of the Rule within 15 days from the date of receipt of this order. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 173. ......ent No.-3 the Appraiser, Chittagong Customs House, Chittagong, directing the petitioner to submit the bill of entry declaring the value of imported goods namely, sugar, for fixing the rate of customs duty on the basis of indicative value and declaring the same arbitrarily for the purpose of assessme..Category: Fiscal/Taxation Law | Date: | Hits: 83
Ahsan Karim Jinnah Vs. Meghna Insurance Company Limited & others, 1999, 28 CLC (HCD)
.... by rectifying its register of members. In view of the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 160. ...... the respondent Nos. 2 to 7 was valid. With regard to affixing of requisite stamps on the instrument of transfer, which is admittedly not done the learned Advocate submits that non-payment such stamp duty at the relevant time of transfer could not render the transfer invalid as the instrument of tra..Category: Company Law | Date: | Hits: 203
Bangladesh Supreme Court Bar Association Vs. Shah Azizur Rahman, MP, 1999, 28 CLC (HCD)
....em and would not be spared and the law would take its own course. In the result, the Rule is disposed of with the above observation. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 159.......he contemner is not guilty of contempt of this court but he is a victim of the situation created by the publication of news concerning him in the daily Dinkal and the Daily Jalalabad. 6. It is the duty of all citizens of the country to maintain and uphold the prestige and dignity of the Supreme C..Category: Criminal Law | Date: | Hits: 120
State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)
....absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ......nd accused Hasib and that the accused persons made conspiracy to kill the deceased out of that grudge and enmity. 4. Md. Nabi Hossain, the Officer-in-Charge of Rupganj Police Station, while was on duty at Murapara ferry ghat received the information of firing on the deceased in the park. He at on..Category: Criminal Law | Date: | Hits: 40
AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)
....de Court. If this position be continued, I am afraid a day will come when practically, there will be no legal system in Bangladesh. Ed. This Case is also Reported in: 59 DLR (2007) 646. ......fter obtaining the bail the accused petitioner rushed to this Court without waiting for framing of charge or invoking the provisions of section 241A of the Code of Criminal Procedure. These are the duty of the learned Magistrate not of the High Court Division; High Court Division is not an 'ass' t..Category: Criminal Law | Date: | Hits: 97
Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....rtificate under section 33(5) of the Ain in Writ Petition No. 6732 of 2004 are made absolute. However, there will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 615.......dalat established or declared under the Ain, 2003 as pending cause or litigation." 27. We, however, know that the statute is to be construed according "to the intent of them that make it" and the duty of judicature is to act upon the true intention of the Legislature—the "Mens or Sentensia leg..Category: Constitutional Law | Date: | Hits: 168
Integrated Services Ltd. Vs. Commissioner (Current Charges), Customs and others, 2007, 36 CLC (HCD)
....legal effect. The respondents are directed to refund the, detained non-adhesive share transfer stamps by 24th day of May, 2007, positively. Ed. This Case is also Reported in: 59 DLR (2007) 597.......d 156(1)(70) of the Customs Act. 18. Table (9) of section 156(1) of the Customs Act makes, amongst others, it an offence if any goods are exported from Bangladesh evading payment of customs-duty or in violation of any prohibition or restriction on such exportation, etc. Table (14) of said ..Category: Business or Commercial Law | Date: | Hits: 178
Jaban Ali and others Vs. Tazir Muhammad and others, 2007, 36 CLC (HCD)
....same subject-matter, if not otherwise barred by any law. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 584. ......d in 41 DLR 168 wherein it is held: "Petition under Order XXIII, rule 1(2) for withdrawal of suit—Court to decide whether there is any formal defect or sufficient ground —if there is none, duty of the court is to reject the application—But if it allows withdrawal, leave to bring a fresh..Category: Property Law | Date: | Hits: 23
Aziz Hasan and others Vs. Bangladesh, 2007, 36 CLC (HCD)
.... not pay in cash the amount of money covered by respective bank guarantees within a period of thirty days of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 563. ......h 290, 293, 298, 1978, 1981,1295 of 1999. Judgment Md. Abdur Rashid J.- In the aforesaid Rules Nisi, the only issue that is raised is as to whether or not the enhancement of the customs duty on the Grey Portland Cement by the Notification being SRO No. 233 dated 20-10-1998 by reducing ..Category: Fiscal/Taxation Law | Date: | Hits: 64
Enamul Haq (Md) Vs. Jatiyo Bishwabiddalay and others, 2007, 36 CLC (HCD)
....thority having no legal effect. The petitioner be allowed to join in a permanent post of Lecturer in Arabic. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 556. ......ainst a permanent post of Lecturer in Arabic. On 1-3-2005, at or about noon, the petitioner went to the office of the Registrar in charge (respondent No. 3) with his joining letter but an employee on duty of the central receipt and dispatch section asked the petitioner to report to the Deputy Regist..Category: Employment/Service Law | Date: | Hits: 65
Bura Yunus and others Vs. State, 2007, 36 CLC (HCD)
.... the charge under section 399 of the Penal Code. The appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 59 DLR (2007) 549.......other explosives have been recovered from them. 4. Md. Abu Hena Mostafa Kamal (PW 5) narrated the prosecution case, which is as follows: The informant along with his force was on patrol duty at Kilo-3 locality on 20-4-97 at about 2.05 AM when he got a wireless message from Monaimul Isl..Category: Criminal Law | Date: | Hits: 90
Shamshad Asif Vs. Additional District Judge and others, 1999, 28 CLC (HCD)
....ied that for any other cause, it is expedient that no order of adjudication should be made. Explanation.— In this sub-section ‘wilful defaulter’ means a debtor who is liable for bank debt in excess of Taka. 5, 00,000.00 (five lac) for a period of at least one year after the issue of formal ......ules are discharged with cost at the rate of Taka 1,000.00 to be paid by the petitioner of each Rule to the contesting respondent No.2. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 138...Category: Civil Law | Date: | Hits: 78
Dr. Md. Kamrul Ahsan Talukder Vs. Nurun Nahar and others, 2009, 38 CLC (AD)
....ellate Court is directed to dispose of the appeal in accordance with law. This appeal is accordingly, allowed without any order as costs. Ed. This Case is also Reported in: VII ADC (2010) 794....... relieved. 9. From the above, it is crystal clear that a contract may be specifically enforced by way of specific performance, wholly or partly, of a trust on proof of the contract and it is the duty of the Court to enforce the same in its discretion unless the compensation is an adequate relie..Category: Property Law | Date: | Hits: 37
Hafizuddin Ahmed Vs. M Aslam Miah & others, 2002, 31 CLC (HCD)
....Haji Abdus Samad, father of Defendant No. 2 to 4 first mutawalli for administration, management and construction of a mosque. After construction of the mosque, he instructed to raise dwellings in the excess land to let out for rents to develop the mosque and meet the cost, incidental thereto. He als......e property dedicated is in the Divine Being or in the charity created in is name. A transfer by a mutawalli, who assumes to deal with the trust property as if he were the true owner, in breach of his duty and in fraud of the trust reposed in him, is ultra vires and may be avoided by timely proceedin..Category: Trust/Waqf Law | Date: | Hits: 228
Abdul Baten (Md.) Vs. Chairman, NBR & others, 2007, 36 CLC (HCD)
....rantees received in the above Writ Petitions to the respective petitioners within a period of one month of receipt of this order, positively. Ed. This Case is also Reported in: 59 DLR (2007) 525.......amely C-211450, C-211530, C-211284, C-211543, C-21I553 and C-211257 all dated 29.08.04 were submitted for clearance of the goods. Respondent No.2, the Commissioner of Customs assessed said sugar to duty at the rate of US$ 216 per metric ton. Against said assessment, the petitioner moved this divis..Category: Fiscal/Taxation Law | Date: | Hits: 95
Rahamatullah (Md) and another Vs. State, 2007, 36 CLC (HCD)
....receipt of the case records with notices to the contending parties. Send down the records along with the copy of the judgment immediately. Ed. This Case is also Reported in: 59 DLR (2007) 520.......to the Indian case of Sheele Barse and another vs. Union of India AIR 1986 SC 1773 and also the case of Baktiar Hossain vs. State 47 DLR 542 that when an accused claims to be below 16 years of age, a duty is cast upon the court to direct an enquiry to satisfy itself as to whether the accused is a ch..Category: Criminal Law | Date: | Hits: 32
Taju and others Vs. State, 2007, 36 CLC (HCD)
.... The accused appellant Taju, son of Sona Miah, is discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 499. ......e to which she became senseless. Thereafter, local Chowkider Abdur Rahman (PW 4) and Jharu Miah (PW 5) recovered her from that place and got her admitted to Bhairab Health Complex where the doctor on duty finding her in a serious condition advised to send her to Dhaka Medical College Hospital. But..Category: Criminal Law | Date: | Hits: 42
HP Cold Rolling Mills Ltd. Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
.... and collected as either duty or tax. 21. In the aforesaid Concise Black's Law Dictionary the word "surcharge" is defined as noun as (i) An additional tax, charge, or cost, usually one that is excessive. (ii) An additional load or burden. (iii) A second or further mortgage. (iv) The omission ...... said raw material, namely, Hot Rolled Steel, under different letters of credit and bills of lading. Said goods were released under different bills of entry at different times upon payment of customs duty and other charges levied including IDSC. 4. It manufactured Cold Rolled Steel out of sa..Category: Fiscal/Taxation Law | Date: | Hits: 93
Abdul Aziz Master (Md) and others Vs. State, 2005, 34 CLC (HCD)
....ake proper steps as per observations made in the body of the judgment. The order taking cognisance by the learned Sessions Judge is quashed. Ed. This Case is also Reported in: 59 DLR (2007) 468. ...... settled principle of law that naraji is a fresh complaint. The order passed by the learned Sessions Judge taking cognisance in revision arisen from naraji petition has no support of law as it is the duty of the learned Magistrate to take cognisance of the case and by this impugned order, learned Se..Category: Criminal Law | Date: | Hits: 33
Mark Builders Limited Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....r observations. Let a copy of this order be also sent to the Chairman of the National Board of Revenue for guidance and proper action. Ed. This Case is also Reported in: 59 DLR (2007) 463.......Commissioner of Taxes is not entitled to accept the method or to hold the assessee bound by the figure of profits shown by the accounts; Cf CIT vs Sarangpur Cotton Mfg Go: 1938 ITR 36 (PC). It is the duty of the Deputy Commissioner of Taxes to consider whether the income, profits and gains can prope..Category: Fiscal/Taxation Law | Date: | Hits: 99