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Zastat Limited Vs. Customs Excise and VAT Appellate Tribunal and others, 2011, 40 CLC (HCD)
.... of service rendered under Code S064.20 and VAT would be charged at a flat rate of 4.5%. 16. Mr. Hasan Arif, the Senior Advocate on behalf of the petitioner company Zastat after taking through the relevant SRO's mainly submits that the Respondent No.1 Customs Excise and VAT Appellate Tribunal in ......ed. In the result, the Rule is discharged without any order as to cost. The decision of the Appellate Tribunal is hereby confirmed. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 33. ...... High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Zastat Limited…………………………..Petitioner Vs. Customs Excise and VAT Appellate Tribunal and others…………………Respondents Judgment January 31, 201......ed. In the result, the Rule is discharged without any order as to cost. The decision of the Appellate Tribunal is hereby confirmed. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 33. ..Category: Fiscal/Taxation Law | Date: | Hits: 40
Joynal Abedin Vs. State, 2011, 40 CLC (HCD)
....ous imprisonment for a term which shall not be less than seven years." In the above section, there is mentioning of Clauses (a), (c), (e) or (f) of section 19. Of them, Clause (f) of section 19 is relevant in this case. Clause (f) of section 19 runs thus: "For breach of sections 5, 6, 10, 13 t......rshid Alam Khan with Das Japan Kumar, the learned Advocate for the petitioner took us to the FIR, the charge so framed, the deposition of the prosecution witnesses, impugned Judgment and the material papers and documents and submits that the convict-petitioner is totally innocent and he has not comm...... No.5566 of 2007. Judgment Siddiqur Rahman Miah J.- This Rule arises out of an application filed by the petitioner under section 561A of the Code of Criminal Procedure for quashing the Judgment and order dated 24-1-2007 passed by the learned Judge, Special Tribunal No.3. Chittagong in Special ......Khan with Das Japan Kumar, the learned Advocate for the petitioner took us to the FIR, the charge so framed, the deposition of the prosecution witnesses, impugned Judgment and the material papers and documents and submits that the convict-petitioner is totally innocent and he has not committed the c..Category: Criminal Law | Date: | Hits: 36
Bangladesh Indenting Agent Association and another Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....্ত সম্পূরক শুল্ক ব্যতীত) ফেরত প্রদেয় হইবে।” (underlinings are mine) 13. We have meticulously gone through each and every relevant laws and SROs as it has been mentioned above in this respect. In consideration of the submi......om 2004 to 2009 by the Government itself. With these observations, this Rule is disposed of. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 389. ...... DLR (HCD) (2012) 389. ......om 2004 to 2009 by the Government itself. With these observations, this Rule is disposed of. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 389. ..Category: Fiscal/Taxation Law | Date: | Hits: 51
Md. Arif Hossain and others Vs. Bangladesh, 2009, 38 CLC (HCD)
....es concern preferably within 3 (three) months from the date of receipt of this Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 212. ......es concern preferably within 3 (three) months from the date of receipt of this Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 212. ......ion (Special Original Jurisdiction) Present: Mir Hashmat Ali J Md. Nuruzzaman J Md. Arif Hossain, Son of Late Noor Hossain, Village-Amirabad, Police Station-Keraniganj, District-Dhaka and others……………………………………Petitioner Vs. Bangladesh, Represented by......on of any document; (c) Requiring evidence on affidavit; (d) Requisitioning any public record or copy thereof from any office; and (e) Issuing commissions for the examination of witnesses or documents. (3) Any proceeding before a Court of Settlement shall be deemed to be a judicial proce..Category: Procedural Law | Date: | Hits: 24
.... commercial activities by a few unscrupulous persons/entities at the cost of our precious and irreplaceable ecosystems and natural resources. In the absence of proper monitoring and implementation of relevant laws by the concerned regulatory agencies, such unregulated operations start and continue i...... system of the concerned area intact and that no other Ministry shall have any say in this regard.
There is no order as to costs.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 185.
......resent:
Syed Mahmud Hossain J
Quamrul Islam Siddiqui J
Bangladesh Environmental Lawyers Association (BELA)………………………………..Petitioner
Vs.
Government of Bangladesh and others…………………………………Respondent
Judgment
January 14, 2010.
Re...... system of the concerned area intact and that no other Ministry shall have any say in this regard.
There is no order as to costs.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 185.
..
Category: Environmental Law | Date: | Hits: 362
Rezia Begum Vs. Abu Sayed and others, 2006, 35 CLC (HCD)
.....04 of 2004 affirming the order dated 11.01.2004 passed by the learned Joint District Judge, 2nd Court, Chittagong in Other Suit No.69 of 2003 disallowing the prayer for injunction. 2. Short facts relevant for disposal of the Rule are that the petitioner as plaintiff filed Partition Suit No.69 of......elements are missing, it disentitles the applicant to get a favourable order. ……………..(10) Prima-facie case is not only to be gathered from the pleadings of the parties but also from the papers and documents that the parties may choose to file while arguing the injunction matter. A plai......gh Court Division (Civil Revisional Jurisdiction) Present: Syed Amirul Islam J Sheikh Abdul Awal J Rezia Begum…………………………….Plaintiff-Petitioner Vs. Abu Sayed and others……………………………….Defendant Opposite-Parties Judgment March 29, 2......e missing, it disentitles the applicant to get a favourable order. ……………..(10) Prima-facie case is not only to be gathered from the pleadings of the parties but also from the papers and documents that the parties may choose to file while arguing the injunction matter. A plaintiff may m..Category: Procedural Law | Date: | Hits: 26
Dinesh Bhandu Sen Gupta and another Vs. State and another, 2006, 35 CLC (HCD)
....trial. The order of stay granted at the time of issuance of the Rule by this Court stands vacated. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 270. ......is without any meaningful basis and as such the Rule is liable to be discharged. 4. We have heard the learned Advocates of both the parties at length and perused the application along with annexed papers. It appears that the alleged occurrence of demanding Tk. 50,000/- took place on 2.4.2001 and ......nce. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 270. ......trial. The order of stay granted at the time of issuance of the Rule by this Court stands vacated. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 270. ..Category: Criminal Law | Date: | Hits: 18
Md. Maksudur Rahman @ Masud and others Vs. State, 2007, 36 CLC (HCD)
....r of stay stands vacated. Communicate the order to the Court below to proceed with the case expeditiously in accordance with law. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 261. ......r of stay stands vacated. Communicate the order to the Court below to proceed with the case expeditiously in accordance with law. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 261. ...... Case is also Reported in: 13 MLR (HCD) (2008) 261. ......rt of Magistrate. These two Sections indicate that when an accused is brought for trial before a Court of law the Court upon hearing the parties and on consideration of the record of the case and the documents may discharge the accused. These two Sections have nothing to do with quashing of a procee..Category: Criminal Law | Date: | Hits: 24
Narayan Dash Vs. Md. Mostofa and others, 2007, 36 CLC (HCD)
.... of issuance of the Rule. 9. On the other hand, Mr. Abdul Wahab, the learned Advocate appearing for the opposite party No.1, submits that the appellate Court below after proper discussion of the relevant evidence and upon consideration of the same decreed the suit setting aside the trial Court ......on referred by the appellate Court below is not applicable in the facts of the instant case. Mr. Paul referred the appointment letter of the plaintiff as Headmaster of another school and some other papers in same regard in support of his submission enclosed with the counter-affidavit marked Annexu...... (2008) 63. ......t is hereby affirmed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 63. ..Category: Employment/Service Law | Date: | Hits: 29
Engineer Shaikh Rubaiyet Islam Vs. Bangladesh & others, 2010, 39 CLC (HCD)
.... 9. We have heard the submissions of the learned Advocate from both the parties and perused the writ petition, affidavit-in-opposition, supplementary affidavit-in-opposition, affidavit-in-reply and relevant annexures, annexed thereto. 10. At first, we are to determine whether the present writ p......e result, the writ petition fails on the ground of incompetency. Accordingly the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 447. ...... Vs. Bangladesh & others……………………Respondents Judgment April 11, 2010. Result: The rule is discharged. Cases Referred to- Bangladesh Water Development Board and others Vs. Golam Rabbani Khan and others, in Civil petition for Leave to Appeal No.1354 of 2006;......Act, 1940 makes it clear that after an award is given any party to the arbitration agreement may request the arbitrator to cause the award or a signed copy thereof together with the depositions and documents which might have been taken and proved to be filed in Court if the Arbitrator or umpire do..Category: Alternative Dispute Resolution | Date: | Hits: 96
Mark Parco and others Vs. State and another, 2007, 36 CLC (HCD)
....ef Metropolitan Magistrate Chittagong so far as it relates to the accused petitioners is quashed. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 350. ......ef Metropolitan Magistrate Chittagong so far as it relates to the accused petitioners is quashed. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 350. ......upreme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Sharif Uddin Chaklader J Sheikh Abdul Awal J Mark Parco, Managing Director APL (Bangladesh) Pvt. Ltd. and others…………….Petitioners Vs. 1. The State……………opposite party 2. Maxi...... Bey Industries Inc through L/C No.DC HKH 673495 dated 29.10.2000 and L/C No.DC HKH 660006 dated 30.11.2000, the complainant manufactured all the ordered garments and in order to receive the original documents and make shipment of the consignment, the nominated Forwarder of the American buyer appear..Category: Criminal Law | Date: | Hits: 114
Sabina Rahman Mukti and others Vs. State, 2007, 36 CLC (HCD)
.... Case No.52 dated 13.03.2002, now pending in the Court of Magistrate, 1st Class, Sylhet is quashed. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 347. ...... Penal Code and as such the proceeding of the case should not be quashed. 8. We have heard the learned Advocates of both the sides, perused the Rule petition, FIR, Charge sheet and other connected papers as annexed therewith. It appears that on 13.03.2002 the husband of the petitioner No.1 as inf......d. This Case is also Reported in: 13 MLR (HCD) (2008) 347. ...... Case No.52 dated 13.03.2002, now pending in the Court of Magistrate, 1st Class, Sylhet is quashed. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 347. ..Category: Criminal Law | Date: | Hits: 114
Sheringir Mollah and others Vs. State, 2006, 35 CLC (HCD)
....nced by the learned Assistant Attorney General, let us now weigh and sift the evidence on record adduced by the prosecution in support of the charge. 12. P.W.1, Md. Hazrat Ali, deposed that at the relevant time he was posted as Officer-in-Charge of the Mollarhat Police station. He recorded the Fi......tted of the charge levelled against them. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 341. ......d. This Case is also Reported in: 13 MLR (HCD) (2008) 341. ......tted of the charge levelled against them. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 341. ..Category: Criminal Law | Date: | Hits: 127
Sunil Kumar Ghosh & others Vs. State & others, 1986, 15 CLC (HCD)
.... of Bangladesh under President’s Order No.29 of 1972 as amended by President's Order No.134 of 1972 and under Act XLV of 1974. 10. In order to appreciate the point it is necessary to examine the relevant provisions of the law governing enemy properties in their true context. On the outbreak of ......ditional District Judge court set aside and those of the learned Subordinate Judge are restored. There shall be no order as to costs. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 377. ...... September 17, 1986. Result: The Rule is made absolute. Cases Referred to- Province of East Pakistan Vs. AKM Razaul Karim, 21 DLR (Dhaka) 493; Bangladesh Enemy Property Management Board and others Vs. Md. Abdul Majid, 27 DLR (AD) 52; M/S. Dulichand Omraolal Vs. Bangladesh, 33 DLR (AD).......ditional District Judge court set aside and those of the learned Subordinate Judge are restored. There shall be no order as to costs. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 377. ..Category: Property Law | Date: | Hits: 64
....above observations, however, without any order as to cost. The order of status quo granted earlier is vacated.
Send down the lower Courts’ records.
Ed.
This Case is also Reported in:
......above observations, however, without any order as to cost. The order of status quo granted earlier is vacated.
Send down the lower Courts’ records.
Ed.
This Case is also Reported in:
......ed in:
......d appeal did not cause any failure of justice. The plaintiffs may, however, institute a properly framed suit, if so advised and in that case the adverse observations regarding the plaintiffs’ title documents will not operate. If the property in question is enlisted as vested property, they are als..
Category: Property Law | Date: | Hits: 57
Arif Hossain (Md.) and others, 2009, 38 CLC (HCD)
.... concerned preferably within 3 (three) months from the date of receipt of this Judgment and Order. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 378. ...... concerned preferably within 3 (three) months from the date of receipt of this Judgment and Order. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 378. ......Case is also Reported in: 64 DLR (HCD) (2012) 378. ...... of any document; (c) Requiring evidence on affidavit; (d) Requisitioning any public record or copy thereof from any office; and (e) Issuing commissions for the examination of witnesses or documents. (3) Any proceeding before a Court of Settlement shall be deemed to be a judicial pro..Category: Property Law | Date: | Hits: 66
Tropical Homes Limited Vs. Registrar of Joint Stock Companies, 1986, 15 CLC (HCD)
....ibute a sum of Taka 5000.00 to Sir Salimullah Muslim Orphanage, Dhaka and to produce the receipt showing payment thereof to the Court. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 576. ......by the petitioner company. 18. Affidavit of compliance has been filed in the Court showing that notices as to the presentation of the application in the Court have been duly published in the daily papers as directed by this Court earlier. No one has entered appearance to oppose the application. ......59(1) of the Companies Act, 1994, for the rectification of share Capital of the Company. 2. The petitioner is the Managing Director of Tropical Homes Limited, a private limited company, registered and incorporated under the Companies Act, 1994 on 21st April, 1996 under certificate of incorporatio......ibute a sum of Taka 5000.00 to Sir Salimullah Muslim Orphanage, Dhaka and to produce the receipt showing payment thereof to the Court. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 576. ..Category: Company Law | Date: | Hits: 74
....was binding on the defendants as well as on the plaintiffs. He further submits that it is apparent that the loss complained of by the plaintiffs can be compensated in money.
4. We have perused the relevant contract between the parties. Clause 10 of the contract provides as follows:-
"In case t......
In the result, the appeal is dismissed and the Rule is discharged without any order as to costs.
Chowdhury ATM Masud J.- I agree.
Ed.
This Case is also Reported in:35 DLR (HCD) (1983) 293.
......ppellate Jurisdiction)
Present:
Chowdhury ATM Masud J
Md. Altaf Hossain J
Jupiter Glass Industries Ltd. & others……………………Appellants
Vs.
Titas Gas Transmission and Distribution Co. Ltd. & another……………………Respondent
Judgment
January 22,......
In the result, the appeal is dismissed and the Rule is discharged without any order as to costs.
Chowdhury ATM Masud J.- I agree.
Ed.
This Case is also Reported in:35 DLR (HCD) (1983) 293.
..
Category: Civil Law | Date: | Hits: 124
Mir Niaz Mohammad Vs. Additional District Judge and others, 2007, 36 CLC (HCD)
....decree passed by the Bankruptcy Court and thus, for all these reasons, this Writ Petition is incompetent and not maintainable. 6. We have perused the writ petition, affidavit-in-opposition and the relevant papers as annexed therewith and also considered the submissions made by the learned Advocat......d 13-9-1999 passed by the learned Additional District Judge and Bankruptcy Court, Dhaka in Bankruptcy Suit No.14 of 1999 and soon thereafter he contacted with his lawyer and after obtaining necessary papers he filed an application under section 40 of the Bankruptcy Act praying for review of the Judg...... High Court Division (Special Original Jurisdiction) Present: Zinat Ara J Sheikh Abdul Awal J Mir Niaz Mohammad……………………Petitioner Vs. Additional District Judge and others…………………….Respondents Judgment August 9, 2007. Result: The Rul......y order as to costs. The order of stay granted at the time of issuance of the Rule stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 108. ..Category: Procedural Law | Date: | Hits: 114
Rafiq Hasan alias Biplob Vs. State, represented by the Deputy Commissioner, 1995, 24 CLC (HCD)
....Tribunal Case No.347 of 1993 arising out of Mirpur Police Station case No.42 dated 10‑9‑82 under section 19(a), (f) of the Arms Act, rejecting an application for bad of the appellant. 2. Facts relevant for the purpose of the appeal are, that on 10‑9‑92 MA Latif SI of Detective Branch Offi...... satisfaction of the Deputy Commissioner, Dhaka. The connected Rule being Criminal Revision No.1504 (R)/94 is disposed of accordingly. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 274. ......tate. Criminal Appeal No.1888 of 1994, Criminal Revision No.1504(R)1994. Judgment Md. Fazlul Haque J.- This appeal under section 30 of the Special Powers Act is directed against the Judgment and order dated 5‑10‑94 passed by the Special Tribunal No.3 Dhaka in Special Tribunal Case No.34...... satisfaction of the Deputy Commissioner, Dhaka. The connected Rule being Criminal Revision No.1504 (R)/94 is disposed of accordingly. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 274. ..Category: Procedural Law | Date: | Hits: 72
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