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Transfin Trading Ltd. Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)

....on 81 Where any goods are allowed to clear or released on the basis of provisional assessment the amount of duty actually payable on those goods shall within a period of 150 working days from the date of provisional assessment be finally assessed and on completion of such assessment the appropri......duty payable by the petitioner within a period of 30 days from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 359. ..

Category: Fiscal/Taxation Law | Date: | Hits: 194

Kamal Imports and Exports Ltd. & another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)

....is single judgment. 2. In these Writ petitions the petitioners challenged the legality and propriety of the collection of Advance VAT at the rate of 1.5% pursuant the SRO No.260/Law/2004/431-Musak dated 30-8-2004 from the petitioners at the import stage which are not application on the petitioner......eived in the above two writ petitions to the respective petitioners within a period of 1 (one) month from the receipt of the judgment. Ed. This Case is also Reported in: 16 BLC (HCD) (2011)351. ..

Category: Fiscal/Taxation Law | Date: | Hits: 220

Gopinath Das and others Vs. Government of Bangla­desh & others, 2010, 39 CLC (HCD)

....e Opposite Party No.1.  Civil Revision No.3266 of 2008. Judgment Md. Moazzam Husain J.- This rule was issued at the instance of the plaintiffs calling in question the Judgment and order dated 11.3.2008 passed by the joint district judge, 3rd Court, Dhaka in Misc. Case No.30 of 2007 und......of the giant design to grab, if at all, such a huge tract of land in the city centre. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 167. ..

Category: Property Law | Date: | Hits: 149

Sayed Hasan Imam Litu Vs. Al-Arafah Islami Bank & another, 2011, 40 CLC (HCD)

....r to pay partial amount of loan on 30-9-03 issued a cheque being AIB/CD- No.8766151 for Taka 2,95,814 and the petitioner sub­mitted a cheque for encashment of the said money to the bank on different dates but it was dishonoured, and on 23-2-2006 finally dishonoured. Thereafter on 27-2-2006 the plai......eady been settled by our Apex Court that the legal impli­cation is that the issuing date of notice must not exceed 15 (Fifteen) days and notice can very well be given 7(Seven) days time and since no breach of the provision of law is manifestly initiated notice the question of quashing the proceedin..

Category: Civil Law | Date: | Hits: 217

Shah Alam (Md.) Vs. Bangladesh Water Deve­lopment Board, 2012, 41 CLC (HCD)

.... Advocate -for the opposite parties.   Civil Revision Case No.4052 of 2009. Judgment Sharif Uddin Chaklader J.- This rule by the plaintiff, directed against Judgment and Order No.209 dated 17-6-2009 passed by the learned Joint District Judge, Comilla in Arbitration Suit No.01 of 199......rder of stay at the time of issuance of the rule is hereby vacated. Let a copy of the Judgment be sent to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 245. ..

Category: Civil Law | Date: | Hits: 195

Bank of Small Industries & Commerce Bangladesh Vs. Shahabuddin Ahmed, 2012, 41 CLC (HCD)

....ent Khondker Musa Khaled J.- On an application under section 115(1) of the Code of Civil Procedure, this Rule was issued calling upon the opposite-par­ties to show cause as to why the order No.35 dated 6-11-2004 passed by the learned Joint District Judge, First Court, Chittagong, in Misc, Case N......receipt of the lower Court records. Send down the LCRs along with a copy of the Judgment and order to the Court below immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 241. ..

Category: Civil Law | Date: | Hits: 161

Harunor Rashid Halder Vs. Entaj Sheik & others, 1983, 12 CLC (HCD)

....ar - For the Opposite Parties.  Criminal Revision No.49 of 1982. Judgment Anwarul Hoque Chowdhury J.- This Rule is directed against an order passed by the learned Sessions Judge, Khulna dated 21.11.82 setting aside the order dated 15.10.82 passed in Miscellaneous Case No.152 of 1967. ......ivating the same. But suddenly, the opposite party started preparing themselves to harvest the crops grown by the petitioner by using force and casued a reasonable belief of a serious apprehension of breach of peace and hence the application for drawing up proceeding under section 145 Cr.P.C. The le..

Category: Criminal Law | Date: | Hits: 88

Azibur Rahman Alias Arzu Vs. Kala Miah & another, 1982, 11 CLC (HCD)

.... - For the Appellant. Syed Badrul Alam - For the Respondents.  Appeal from Original Order No.31 of 1981. Judgment Md. Altaf Hossain J.- This application is directed against an order dated 2.5.81 passed by the Subordinate Judge, 4th Court, Dacca in Title Suit No.27 of 1981. The appe....... The appeal and the Rule are accordingly disposed of. Parties are made to bear their own costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 77. ..

Category: Procedural Law | Date: | Hits: 146

Kazi Nurul Haque Vs. State, 1983, 12 CLC (HCD)

....the trial the prosecution adduced oral and documentary evidence, and after the close of evidence the learned judge heard the arguments of both sides and fixed 20.2.83 for delivery of Judgment. On the date of Judgment the learned Special Judge instead of delivering the Judgment on merit ordered furth......ned to call for any witness and examine him under section 454C of the Code of Criminal Procedure. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 352. ..

Category: Criminal Law | Date: | Hits: 70

Juman Mia Vs. Zainab Bibi, 1983, 12 CLC (HCD)

.... the end of a full month or a full year of the tenancy, as the case may be. If the time given is in excess of the half term of the tenancy and the tenant is able to stay on for a half term before the date of the determination of the lease period, section 106 is complied with and in fact, more than c......umstances of the case. I do not find any ground for interference in this matter. The application is, therefore, summarily rejected. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 351. ..

Category: Property Law | Date: | Hits: 73

Shaikh Obaidul Haq Vs. State & another, 1986, 15 CLC (HCD)

....and the opposite party in order to escape the liability resorted to harass the peti­tioner by instituting the criminal case No.572A of 1981 under section 420 of the Penal Code alleging that two post dated cheques for total amount of Tk. 1,01,560/30 have been dishonoured payment by the peti­tioner'...... dishonouring of two cheques committed cheating while in fact that did not constitute cheating or any Criminal offence but at the most the allegation even if it is taken to be true constituted only a breach of con­tract in course of business transaction and criminal prosecution did not lie at all. ..

Category: Criminal Law | Date: | Hits: 67

Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)

....section 19(f) and section 19A of the Arms Act. Since 1980 the detenue was kept in custody for about 4 years in connection with these cases. The Government by order vide Memo No.364. Misc. 11/84 L. S. dated 28-6-84 passed order for withdrawal of the cases and the detenue accordingly was released from......maluddin Ahmed alias Jamal Ahmad be set at liberty at once. In the result, the Rule is made absolute. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 93. ..

Category: Criminal Law | Date: | Hits: 78

Kazi Aftabuddin and others Vs. Bangladesh and others, 1996, 25 CLC (HCD)

....M Mahmudur Rahman J.- By this petition under Article 102 of the Constitution the petitioners seek issuance of Rule against the respondents directing them to show cause why Memo No.BD/LC/92‑28/95/43 dated 25‑1‑96 directing them to vacate the case land should not be declared to be illegal and wi......h step has been taken by the authority to remove the structures. In view of the above, the petition is rejected summarily. No cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 422. ..

Category: Property Law | Date: | Hits: 67

Amena Begum Vs. Md. Ruhul Amin and others, 2008, 37 CLC (HCD)

.... No one appears — For the Opposite Parties. Civil Revision No.4733 of 2004. Judgment SM Ziaul Karim J. - This Rule calls in question the legality and propriety of the judgment and order dated 31-5-2004 passed by the learned Additional District Judge, Fourth Court, Comilla, dismissing M......ith law. Office is directed to communicate the order at once with a copy of judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 301. ..

Category: Procedural Law | Date: | Hits: 133

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

.... 1973 of 2005 and 4493 of 2005 are identical and they are heard together and disposed of by this Judgment. 2. In Writ Petition No.3210 of 2010 the peti­tioners challenged the Gazette Notification dated 15th October, 1974 in respect of the land of plot Nos.15, 35, 36, 41, 57, 79 and 84, Gazette N......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. ..

Category: Property Law | Date: | Hits: 89

Dr. Md. Habibullah Vs. Additional Secretary and Member (Appeal and Revision) and others, 2007, 36 CLC (HCD)

.... Md. Rezaul Islam with Sathika Hossain, Assistant Attorneys General — For the Respondents. Writ Petition No. 2173 of 1995. Judgment Md. Abdur Rashid J. - In the above Rule Nisi an order dated 26-95 (Annexure-Q) issued by the respondent No. 1, Additional Secretary and Member (Appeal and......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. ..

Category: Administrative Law | Date: | Hits: 491

Md. Iddris Sheikh Vs. State, 2008, 37 CLC (HCD)

....f action of a Criminal Case The cause of action of a Criminal Case should be ascertained in it's entirety i.e. from the initiation of the proceeding to its end. For the cause of non mentioning the date of receipt of the legal notice and cause of action in the petition of complaint, the course of ......plaint it is stated that the complainant-opposite party No.2 issued notice demanding payment of the amount of the money stated in the cheque within 7 (seven) days. By issuing such notice there was no breach of the Provision of as contained in Provision (b) to section 138 of the Negotiable Instrument..

Category: Criminal Law | Date: | Hits: 103

Sylhet Pulp & Paper Mills Ltd. Vs. Chairman, Second Labour Court, Katalganj, Chittagong and others, 2006, 35 CLC (HCD)

.... respondents. Writ Petition No. 3119 of 2000. Judgment Afzal Hossain Ahmed J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the ex parte judgment and order dated 27.01.2000 passed by the learned Chairman of Second Labour Court, Chittagong (respondent No.1)...... No.1) in I.R.O. Case No.1 of 1997 (Annexure-C) are declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 275. ..

Category: Labour and Industrial Law | Date: | Hits: 190

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

....rs pasted as to this Court may see fit and proper. 2. Respondent No.2 Dr. Mriganka Ranjan Barua as informant lodged F.I.R. at P.S. Mirsarai on 16.11.76 to the effect that he made G.D. Entry No.138 dated 5-11-76 regarding kidnapping or killing of his brother Putul @ Tarit Kumar Barua. On enquiry t......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. ..

Category: Criminal Law | Date: | Hits: 103

Moulana Ahmadullah Vs. State, 1986, 15 CLC (HCD)

.... under section 406 of the Penal Code against accused-respondents. Thereafter there were several adjournments and though the complai­nant was present with the P.Ws. for cross ex­amination on several dates such as on 12.2.82, 15.2.82, 21.4.82 and 1.6.82 jet mostly due to the absence of the accused, ......This Rule is ac­cordingly made absolute. Let the records be sent down to the Court concerned at once. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 82. ..

Category: Criminal Law | Date: | Hits: 104