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GE Sea Co. Services Ltd. Vs. Continental Traders BD Ltd. and others, 2010, 39 CLC (HCD)

....d this Court finds no merit in this application which is therefore liable to be rejected. Accordingly, the application is reject­ed. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 56. ...... instant application praying for dis­missing the suit as not being maintainable. 4. The learned Advocate Dr. A. K. M. Ali, appearing on behalf of the defendant No.1 while takens this Court to the provisions of Section 3(2)(Ja) of the Admiralty Court Ain, 2000 strenuously argues that the prayer o..

Category: Admiralty Law or Maritime Law | Date: | Hits: 320

Rehana Ali Vs. Bangladesh, represented by the Secretary, Ministry of Education and others, 2012, 41 CLC (HCD)

....dingly the Respondent No.5 is directed to pay a sum of Taka 1,50,000/- (one lac fifty thousand) to the petitioner. Md. Faruque (M. Faruque) J.- I agree. Ed. This Case is also Reported in: ......wed to provide coaching/tuition for foreign degrees without prior permission of the Government. Section 39(2) of the said Act says that the Government will frame rules to give effect to the aforesaid provisions. Since Rules have not yet been framed, the learned Advocate submits that their respective..

Category: Others | Date: | Hits: 146

STS Holding Limited (Apollo Hospitals, Dhaka) Vs. National Board of Revenue and others, 2008, 37 CLC (HCD)

....der dated 16-05-2008, refusing tax exemption, to the petitioner (Annexure-A). In the result, this application is sum­marily rejected. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 4. ......ion is sum­marily rejected. Mere keeping 10% of the total number of beds in the hospital for the poor is not enough to get the statutory tax exemption. In order to get the tax exemption under the provisions of the SRO No.180-Ain/99 dated 1.7.1999, this is important for any Hospital to show that ..

Category: Fiscal/Taxation Law | Date: | Hits: 237

Ain-O-Salish Kendro (ASK) Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)

....proper to dispose of the Rule with the directions and observation made above, without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 448; 13 BLC (HCD) (2008) 148. ......rs should not be declared to be without lawful authority and /or to be unconstitutional as being violative of fundamental rights under Articles 27, 31 and 3.5 of the Constitution and/or as to why the provisions of the prisons Act 1894, in particular sections 46, 56 and 58 thereof and the Jail Code, ..

Category: Constitutional Law | Date: | Hits: 219

Sharif Uddin and another Vs. Bangladesh & others, 2009, 38 CLC (HCD)

....eing adjacent to each other. The land donated by Haji Md. Abdul Momith does not fit into the criteria set out in the Paripartra for the construction of UPCB and that the provision of the Paripatra is mandatory. The land gifted by Hafiz Mojir Uddin and others was ultimately selected after proper insp......rily. (3) In response, Haji Md. Abdul Momith on 12-2-2008 gifted 0.52 acres of compact land in favour of the Government/the Parishad by executing and registering a deed of gift, which fulfills the provisions of the Paripatra. (4) The Parishad decided for construction of UPCB on the land given ..

Category: Property Law | Date: | Hits: 130

International Finance Investment and Commerce Bank Limited Vs. M/S. Marinar Fashions Wear Pvt. Ltd. and others, 2005, 34 CLC (HCD)

....ing police force and other measures as provided in the Code. In the result, this appeal is allowed but without any order as costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 425. ......of the Court itself. 6. It appears that Section 26 of the Artha Rin Act, provides that notwithstanding anything which is not repugnant to the Act relating to the execution of the money decree, the provisions of the Code of Civil Procedure, shall be applicable under the Act. But from the said prov..

Category: Civil Law | Date: | Hits: 208

Chairman, Ad-hoc Committee, Matler Char Non-Government Primary School Vs. Razia Sultana and others, 2007, 36 CLC (HCD)

.... 2. Facts relevant for disposal of the Rule are that the opposite party as plaintiff instituted Title Suit No.75 of 1999 in the Court of learned Senior Assistant Judge, Burichang, Comilla praying for mandatory injunction compelling the defendants for paying her salary as a teacher of Matlarchar Non-......ranted by this Court dated 23.11.2004 is hereby vacated. 13. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 418. ..

Category: Civil Law | Date: | Hits: 104

Durga Rani Sutradhar Vs. Paresh Chandra Sutradhar, 2002, 31 CLC (HCD)

....ance with law and in the light of our observations given above. We prefer to make no order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 600. ......ceded at the initial stage of hearing that the original 'Will' is an essential document for the purpose of granting probate, yet subsequently he has made submission that there are some specific legal provisions in the Act enabling the court to grant probate or 'Will' on the basis of copy or draft of..

Category: Property Law | Date: | Hits: 113

Shafiqul Islam (Md.) & another Vs. Board of Intermediate and Secondary Education, Comilla & others, 2006, 35 CLC (HCD)

....him from service, marked Annexure-A to the petition, is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 62. ......acing him under suspension with effect from 7-2-1996. There­after, by a notice dated 19-2-1996, the petitioner was asked to show cause within 7 days from the date of receipt of the notice, under the provisions of the Government Servants' (Dis­cipline and Appeal) Rules, 1985, as to why he will not ..

Category: Employment/Service Law | Date: | Hits: 205

Nirman International Ltd. and another Vs. Janata Bank, 2010, 39 CLC (HCD)

....e petitioner for reconsideration of earlier order before the learned Joint District Judge referred to paragraph 8 of the said application where the petitioner placed before the Court as "according to mandatory provisions and settled principle of law related to Section 44A(1) of the Code of Civil Pro......the said decree into execution in the Court of Joint District Judge, Dhaka through Money Execution Case No.2 of 2004. The petitioner filed application for rejection of the Money Execution case as per provisions of Order VII Rule 11 of the Code of Civil Procedure. The said application was rejected by..

Category: Civil Law | Date: | Hits: 168

Bangladesh Water Development Board and other Vs. Progati Prakaushali & another, 1996, 25 CLC (HCD)

....t the learned Subordinate Judge rejected the written objection filed by the second party appellant under section 33 of the Arbitration Act on the ground of limitation as well as for non compliance of mandatory provisions of section 33 of the Arbitration Act. In the instant case it is admitted that t......ecting the aforesaid application written objection is that the second party appellant did not make any deposit as is required by section 33 of the Arbitration Act after its amendment by virtue of the provisions of Law Reforms Ordinance, 1978. Thereafter the learned Subordinate Judge on a proper scru..

Category: Alternative Dispute Resolution | Date: | Hits: 606

Abdul Mannan Talukder Vs. State, 1982, 11 CLC (HCD)

..... The Rule is, accordingly, made absolute. Send down the records at once, if received. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 202. ......ding, irrespective of the na­ture of offence, be withdrawn, and (b) All cases against the Freedom Fighters dropped or withdrawn prior to 7th Novem­ber, 1975 but subsequently revived under the provisions of Martial Law Regula­tion No.7B and still pending be alto withdrawn.” 6. The cir..

Category: Criminal Law | Date: | Hits: 145

Abul Hosain Sikdar Vs. State, 1982, 11 CLC (HCD)

....nd forth­with. The rule is, accordingly, made absolute. Send down the records at once, Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 201. ......se not only investiga­tion and re investigation were done without any order from the Magistrate but the same was sent to the Magistrate who apparently quite oblivious of the provisions of law took cognizance of the case and summoned the accused. We have,..

Category: Criminal Law | Date: | Hits: 115

Abul Hossain Azad Vs. Government of Bangladesh & Others, 2005, 34 CLC (HCD)

....clared illegal and passed without any lawful authority. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 44. ......বিদ্যা/কমিটি/২বি-৪৯/২০০৩/৩০২ তাং ২৪-৪-২০০৩,forwarded the said decision to the Secretary Ministry of Education, in accordance with the provisions of Rule 22 of the Rules of the Managing Committee of 1977. The learned Advocate further s..

Category: Others | Date: | Hits: 181

Mohammad Ali Miah and others Vs. Md. Sekander Ali Haowlader, 2007, 36 CLC (HCD)

....at the rate of 15% per annum will be charged upon this amount from the date of decree till realization. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 484. ......ant Nos.2 to 4, in short, is that the suit is barred by limitation; that the suit is also barred by acquisance, waiver and estoppels and that the plaintiff is not entitled to get any relief under the provisions of law of the Specific Performance of contract. It is further stated that while the defen..

Category: Civil Law | Date: | Hits: 102

Bangladesh Homeopathic Medicine Manufacturers Association Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....et a copy of this judgment be sent to the Director General, Department of Narcotics Control, 1, Segunbagicha, Dhaka‑ 1000 at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 590. ......desh was obtained by the petitioner, Bangladesh Homeopathic Medicine Manufacturers Association, represented by its Secretary General, calling upon the respondents to show cause as to why the impugned provisions of section 2(kha), 10(ga) of the Narcotics Control Act, 1990 and 3(Ka) and 3(Kha) of the ..

Category: Others | Date: | Hits: 341

Lalima Begum and another Vs. Chairman, Court of Settlement, 1st Court, Dhaka and another, 1997, 26 CLC (HCD)

....he Bangladesh Gazette Extraordinary dated 29thSeptember, 1986), has been made without any lawful authority and is of no legal effect. Ed. This case is also Reported in:49 DLR (HCD) (1997) 325. ...... case property in Holding No. 8B/B, 2nd Colony, Mirpur, Dhaka from the ‘Kha' list of the abandoned buildings published in the Bangladesh Gazette (Extraordinary) dated 29th September, 1986 under the provisions of the above Ordinance. 3. The case of the petitioners, in short, is that the case pro..

Category: Property Law | Date: | Hits: 116

Serajul Islam Vs. State, 1996, 25 CLC (HCD)

....w detained in Dhaka Central Jail be set at liberty at once if not wanted in any other matter. The Rule is accordingly made absolute. Ed. This Case is also Reported in:49 DLR (HD) (1997) 209. ......the District Magistrate, that approval also indicates that the Government has power to extend the period of detention beyond 30 days under the sub‑section. In this connection he has referred to the provisions of sections 8 and 10 of the Act and has contended that the Government is empowered to ext..

Category: Criminal Law | Date: | Hits: 127

Bangladesh Power Development Board Vs. Sonali Bank and others, 1982, 11 CLC (HCD)

....missed the Misc. Case. The appeal is, therefore, dismissed with­out any order as to costs. Amirul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 157. ......rule of law can be laid down as to whether the engagement of a lawyer in another Court is or is not a sufficient cause for non-appearance within the meaning of Rrder 9 rule 13 C.P.C. or similar ether provisions of the Code. Every case must be considered in that background of the facts and circumstan..

Category: Procedural Law | Date: | Hits: 143

State Vs. Abdul Awal, 1983, 12 CLC (HCD)

.... Let a copy of this Judgment be forwarded to the learned Magistrate wherever he is posted now. Mohammed Habibur Rahman J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 151. ....... VII of 1965), hereinafter referred to as the said Act. 2. The prosecution case, in brief, is that the accused respondent Abdul Awal. Manager, Sonali Bank, Stadium Branch, Dhaka contra­vened the provisions of the Shops and Establishments Rules, 1970 in that on 24.3.78 at about 2-15 P.M. the inf..

Category: Others | Date: | Hits: 163