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Syed Matiur Rahman Motiur Rahman @ Motiur Rahman Vs. State, 1983, 12 CLC (AD)

....Division have rightly affirmed the said decision. We find no reason to interfere with the impugned decision. The appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 329.......or shall, upon the Government certifying that a case against any person in the service of the Republic or against any other person for or on account of or in respect of any act done by him during the period from the 1st day of March, 1971, and the 28th day of February, 1972, is an act done in connec..

Category: Criminal Law | Date: | Hits: 82

Eastern Beverage Industries Ltd. and Others Vs. Bangladesh and others, 1994, 23 CLC (HCD)

....ay frame proper guidelines for giving effect to the intention of the legislature in matters of fixing the capacity and the rate thereof. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 32.......e duty under sub‑section (4) was levied by such notification, shall be levied and, with necessary adjustment, collected for the financial year during which such notification is cancelled or for the period of which it cannot be given effect to. The expression "excise duty" itself has not been d..

Category: Fiscal/Taxation Law | Date: | Hits: 199

Belayet Hossain Vs. Bank Indosuez, 1998, 27 CLC (HCD)

....il Procedure is not maintainable and accordingly the same is liable to fail. The Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 431. ......ive of the value of the suit. It further appears that under section 7 of the Artha Rin Adalat Ain an appeal is to be filed within 30 days from that date of judgment or order to the High Court but the period of limitation for preferring regular appeal is 90 days. From our above discussion it is quite..

Category: Civil Law | Date: | Hits: 121

Moazzem Hossain Vs. State, 1983, 12 CLC (AD)

....fructuous order. Syed Md. Hossain Ali, J.- I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290.......ram date 3-4-83, stated the reason for absence on 4-4-83. The Order-sheet contains an entry made on 20-3-83 when the hearing was adjourned for "two weeks" without men­tioning the exact date. If this period of two Weeks is counted as usual excluding the 20-3-83 then the adjourned date falls on 4-4-8..

Category: Criminal Law | Date: | Hits: 116

A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)

....h such a glory. The respondents are restrained from leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:......dustries Limited, a private limited company and incorporated in Bangladesh. 4. Respondent No.4, the Rajdhani Unnayon Kartipakhya (RAJUK), leased the subject property to the respondent no. 1, for a period of 99 years at a token consideration of taka 1/- (one) only. The stipulation were to the effe..

Category: Property Law | Date: | Hits: 159

Alhaj Advocate Ahmed Ullah Foundation Vs. Dhaka City Corporation, Represented by the Mayor, Nagor Bhaban, Dhaka and others, 2011, 40 CLC (HCD)

....nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered. Gobinda Chandra Tagore J. - I agree. Ed. This case is also Reported in: ......travel to the respondents’ office to meet the Mayor. The Member Secretary, along with the Executive Director of the petitioner Foundation rushed to the respondents’ office. During the intervening period the Mayor had left his office and hence the petitioner’s representatives met the Private Se..

Category: Civil Law | Date: | Hits: 218

Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)

....sion, the Government executed a regis­tered Sale Deed on 21-6-1980 (Annexure-X to the Affidavit-in-Reply) transferring the said property and restoring possession therein in her favour. The Sale deed stipulated that she would hold the said property subject to the convents and conditions con­tained ......suit and the decree in question were barred by section 6 of the said Ordinance or that the petitioner should first go to the Court of Settlement under section 7 - even long after expiry of limitation period of 180 days. We are of the view that the unique facts in the present case deserve dif­ferent..

Category: Property Law | Date: | Hits: 127

Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)

....nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immedi­ately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ...... the rele­vant passage from paragraph 9 is re-produced:— "Nevertheless, the lessee continued in pos­session with the consent of the landlords who realized rent from him after the expiry of the period of one year and in this way be continued till the Whole sale State Acquisition when he became..

Category: Property Law | Date: | Hits: 123

Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)

....conclude the trial within 45+15= 60 days from the date of taking cognizance. The Special Judge did not even record appropriate reasons in writing as to why the trial could not be concluded within the stipulated time and, as such, further steps in respect of this case being taken by him became Coram-......o.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka be quashed so far as it relates to the accused petitioner. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 162. ..

Category: Criminal Law | Date: | Hits: 156

M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)

....eferendum nor it is ultra vires the Constitution. With these insights I fully concur with the decision already arrived at in this reference. Ed. This Case is also Reported in: 57 DLR (2005) 172. ......political parties including the BNP in the government reached a consensus that the general election to the Parliament must be held by a non‑party caretaker Government installed for a very temporary period. The non‑party caretaker Government was perceived merely to hold the general election to th..

Category: Constitutional Law | Date: | Hits: 215

Overseas Garments Industries (Pvt.) Ltd. Vs. Bangladesh and others, 2005, 34 CLC (HCD)

....ce in the daily Prothom Alo. Referring to the registered mortgage deed and the general irrevocable power of attorney Mr. Mamunur Rashid has contended that in the mortgage deed in clause 9 it has been stipulated that the bank shall be entitled to recover the money due under the deed at any time after......y Mr. Mamunur Rashid has contended that in the mortgage deed in clause 9 it has been stipulated that the bank shall be entitled to recover the money due under the deed at any time after expiry of the period and in default of payment shall be entitled to recover the same by sale of the property mortg..

Category: Civil Law | Date: | Hits: 129

Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)

.... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......ned decision was embryogenesised with a depraved fertilisation process that took place in the thoughts of the Commission. 6. The petitioner’s case is that the government in power at the relevant period, with malice aforethought and ulterior motives, in order to malign the stature and the world ..

Category: Criminal Law | Date: | Hits: 133

Md. Mohiuddin Chowdhury Vs. Rupali Bank Ltd. and others, 2011, 40 CLC (HCD)

.... without any order as to costs. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......ner moved in this Court under its special original jurisdiction, obtained the Rule and an order of stay, which was extended from time to time. Lastly the order of stay was extended on 27.1.2010 for a period of further six months, which has already expired on 26.7.2010. 4. Rupali Bank Ltd. and its..

Category: Civil Law | Date: | Hits: 129

Bangladesh Steel and Engineering Corporation and another Vs. Md. Masood Reza and others, 1977, 6 CLC (AD)

....any learned brother Mr. Justice Munim that these appeals should be dismissed. Order of the Court. The appeals are dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 169. ......ade by itself. Between the date on which the order was made and the date of filing the Writ petition there was a sufficient gap. Nothing was done by the Government in rescinding the same during this period. Even the Government did not file an appeal in time which was only filed after notice was se..

Category: Others | Date: | Hits: 154

Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)

....uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ......22nd September, 1980 and its judgment was affirmed by the High Court Division on March 9, 1982. 3. Being aggrieved, the appellant moved this Court and obtained leave to consider whether the notice period of six months as contemplated in the law for terminating a tenancy from year to year under se..

Category: Property Law | Date: | Hits: 103

AK Murshed Ahmed Vs. Md. Meher Ali and others, 1983, 12 CLC (AD)

....n it goes against him and this also not by an appropriate proceedings. For the reasons stated above, appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 178. ......ject at the earliest opportunity, the plaintiff-respon­dent did not move the higher court in revi­sion. On the contrary, he sat on the order of the court made in the miscellaneous case for nearly a period of two years and then filed Title Suit No. 182 of 1974 for the declaration that the order mad..

Category: Procedural Law | Date: | Hits: 109

Omed Ali Sikder Vs. Arman Sikder and others, 1979, 8 CLC (AD)

....tion are set aside and the learned Subordinate Judge is directed to dispose of the matter in the light of the ob­servations made above. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 320.......rdi­nate Judge or from the learned Judges of the High Court Division. Change of plot num­bers cannot be made a ground for amendment of the preliminary decree but it appears that in view of the long period of time elapsing between passing of the preliminary decree and the final decree, and the whol..

Category: Property Law | Date: | Hits: 78

Abul Kashem and another Vs. Begum Khodeja Akhtar & others, 1979, 8 CLC (AD)

....t and decree under appeal are set aside; and the case is remanded back to the lower appellate Court for disposal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 316........8 of 1968 in the second Court of Munsif at Tangail against Sonaullah for re­alisation of some money and in that suit the suitland along with other lands were attached before judgment and during the period of attachment the suit land was sold to Sonaullah by the registered sale deed on 27.5.68 and ..

Category: Property Law | Date: | Hits: 79

Nuvista Pharma Limited Vs. National Board of Reve­nue and others, 2010, 39 CLC (HCD)

....ustoms, Excise and VAT North Commissionerate House, Dhaka will be at lib­erty to encash the bank guarantee. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 132. ...... the respondent No.1 by filing affidavit in oppositions opposes the Rule. The learned Addi­tional Attorney General assailed the Rule firstly on the ground that the claim of VAT in question is over a period from 2001-2006 and the predecessor of the petitioner company did not take any action against ..

Category: Fiscal/Taxation Law | Date: | Hits: 181

Christian Service Society (CSS) Vs. First Labour Court, Chittagong and others, 2008, 37 CLC (HCD)

....f 1978 promulgated in the year 1978. This is a special law regarding the foreign donation to different Organizations involved in voluntary activ­ities. In section 3 of the said Ordinance it has been stipulated that notwithstanding anything contained in any other law for the time being in force, no ......itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ..

Category: Labour and Industrial Law | Date: | Hits: 201