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Satsang Bangladesh, D. Pakutia Vs. People’s Republic of Bangladesh and others, 2013, 42 CLC (HCD)

.... Judge, Pabna Sadar. Pabna for a declaration that the plaintiff 'Satsang Bangladesh' is the only legal representative in -Bangladesh con­tending inter-alia that, Sree Sree Thagore Anukul Chandra established an 'Ashrom' namely "Satsang Ashrom" in Hemayetpur, Pabna wherei......evidence within 2(two) months from the date of receipt of this judgment, order. Communicate the judgment and order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 110 ..

Category: Civil Law, Procedural Law | Date: 26 Sep, 2013 | Hits: 3

Bakhrabad Gas System Limited Vs. Al Masud-ar-Noor and others, 2013, 42 CLC (AD)

....dgment and order needs to be interfered with by this Division by giving leave. 8. Mr. AM Mahbubuddin, learned Advocate, entering caveat on behalf of the writ-petitioner-respondents, on the other hand, supported the impugned judgment and order. 9. We do not find any substance in the sub­......appointed after the com­ing into effect or force of the same. With the above observations, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 187. ..

Category: Employment/Service Law | Date: 26 Sep, 2013 | Hits: 12

Commissioner of Customs, Excise and VAT Commissioner of Customs, Excise and VAT Vs. Appollo Steel Mills Ltd and others, 2013, 42 CLC (AD)

....er was not cancelled, it was not entitled to get the refund as prayed for. 10. Mr. Mahmudul Islam, learned Counsel, entering caveat on behalf of the writ-petitioner-respondent, has, on the other hand, supported the impugned judgment and order. 11. From the judgment and order of the High Co......no reason and logic, he could just sit over the matter. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 143   ..

Category: Fiscal/Taxation Law | Date: 24 Sep, 2013 | Hits: 9

State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)

....­sions. Case Referred to- State of Punjab Vs. Jagir Sing; SCC (1974) PP 285-286 and Md. Abdul Hamid Mollah Vs. Ali Mollah, 13 BLD (AD) 127 = 44 DLR (AD) 223; Md. Iqbal Vs. State of Jharkhand, AIR 2013 SC 307. Lawyers Involved: Momtazuddin Fakir, Additional Attorney General, i......and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority deci­sions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ..

Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7

Maulana Syed Rezaul Haque Chadpuri and others Vs. Bangladesh Jamaat-e-Islami and others [2nd Part], 2013, 42 DLR (HCD)

.... mandate to their elected representation to form a Government; thereby exercised their right of self determination. Members belonging to BJI actually sat in the War Cabinet of the enemy, soiled their hands in the blood of the innocent unarmed civilians, committed genocide, war crimes, crimes against......hereby declared to have been given without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 14.        ..

Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10

Maulana Syed Rezaul Haque Chadpuri and others Vs. Bangladesh Jamaat-e-Islami and others [1st Part], 2013, 42 DLR (HCD)

....he enemy, engaged in genocide, war crimes, crimes against humanity, rape, murder, looting, arson, ethnic cleansing and denuding the nation of its intellectuals by systematic killing thus soiled their hands with the blood of the innocent and unarmed civilians. BJI perpetrated the gruesome atrocities ......নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮) (..to be continued at CLC ID ( 9365 ) ..

Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11

Syed Raihan Hasan Ali Chowdhury Vs. Syed Hamde Ali Chow¬dhury and others, 2013, 42 CLC (HCD)

....est opportunity, not denying the plaint case and making out a case of real or actual fact. Early means, at or near the beginning of a period……… (17) Cases Referred to- Khandkar Abul Hussain Vs. Government of the People's Republic of Bangladesh, 54 DLR 467; Fuidlay ......Civil Rule No.905(f) of 2011 is disposed of. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ..

Category: Trust/Waqf Law | Date: 29 Jul, 2013 | Hits: 5

Robi Axiata Ltd Vs. First Labour Court Dhaka and others, 2013, 42 CLC (HCD)

....gh an application independently made with­out recourse to such Chapter 14 procedure of rais­ing an industrial dispute. 14. Mr. Hassan MS Azim, appearing for the Respondents, on the other hand, in acknowledg­ing the codification exercise as reflected in the Act, highlights that the A......Orders of Stay as ini­tially granted are necessarily recalled and vacated. There are no Orders as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 551   ..

Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7

Md. Monirul Islam Vs. Bijoy Halder, President Lohalamari Matshajibi Samabaya Samity Ltd. and others, 2013, 42 CLC (AD)

.... instant petitioner that someone engaged in the business of rearing and selling fish is also to be accepted as a fisherman. So, the judgment of the High Court Division cannot be faulted. On the other hand, the membership of fishermen society, of which the petitioner is the president, still remains v......d over possession of the fishery in question and also to refund to the petitioner the proportionate lease money for the unexpired period of the lease. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: 28 Jul, 2013 | Hits: 169

Zahir Fakir (Md.) and oth¬ers Vs. Hahma Khatun and others, 2013, 42 CLC (HCD)

....shy;lation of the said deed of gift and subsequently withdrawing that suit they have filed the instant suit. The criminal ease on the murder of Basiruddin concluded in the year 1968, and on the other hand, the deeds in question were executed and registered in the years 1973,1975,1976,1978 and 1996. ......urts records along with a copy of this judgment to the concern Court forthwith for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 240   ..

Category: Property Law | Date: 25 Jul, 2013 | Hits: 6

Chow Wen Chang and others Vs. SF Winsome Fashion Ltd. and others, 2013, 42 CLC (HCD)

....wing the petition by granting the reliefs prayed for. 7. Learned advocate Mr. Kamal-ul-Alam, appearing along with Ms. Shahanaj Akther, appearing for the respondent Nos.1 and 3 to 5, on the other hand, mainly submits that the petitioners are Korean citizen, the Memorandum of Association of the c......The respondent No.3 is directed to pay cost of Taka 50,000 to petition No.1 and Taka 50,000 to petitioner No. 2 within 30 days. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 584. ..

Category: Company Law | Date: 24 Jul, 2013 | Hits: 10

Zahidul Islam (Md.) Vs. Md. Kamal Hossain and another, 2013, 42 CLC (AD)

.... of thirty days expires and the payment of the dishonored check is not made within the said period prematurity shall be cured ………… (11) Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record—For the Appellant.   Taufique Hossain, Advoc......irected to proceed with the trial of the Sessions case in accordance with law and dispose of the same expeditiously. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 180.   ..

Category: Others, Procedural Law | Date: 23 Jul, 2013 | Hits: 9

Ayurvedia Pharmacy (Dhaka) Ltd. Vs. Meher Banu Bibi and others, 2013, 42 CLC (AD)

....qui further submits that in no way court cannot direct to pay the balance amount before the expiry of 31.12.2007 which is the terms of the agreement made between the parties. 6. On the other hand, Mr. Fida M. Kamal the learned Counsel appearing on behalf of the respondents has strongly opp......in which deserves our interference. In that view of the matter the petition for leave to appeal is hereby dismissed Ed. This Case is also Reported in: 21 BLT (AD) (2013) 229. ..

Category: Civil Law | Date: 7 Jul, 2013 | Hits: 13

Afazuddin Fakir (Md.) Vs. MH Rahman and others, 2013, 42 CLC (HCD)

.... an application which does not come within the purview of the plaint according to Order VII, rule 1 of the Code. The plaint has been explained and codified in Order-VII of the said code. On the other hand, the application for pre-emption under section 96 of the Act is mere a proceeding which cannot ......d with the Miscellaneous Case in accordance with law. Send down the lower Court records with copy of this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 581 ..

Category: Property Law | Date: 17 Jun, 2013 | Hits: 4

Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)

....ch cases, the Court can exercise its discretionary power upon proper application of judicial mind and this exercise should not be arbitrary lest the ends of justice may be defeat­ed. On the other hand, the police have statutory right to arrest any person who appears to them to have been involved......h the above observations. Let a copy of this judgment be communi­cated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ..

Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3

Moulana Development Co. Limited Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)

....s years arises, the same would be an illegal exercise of the power by the taxes department and as such the rule, as has been issued by this court, is required to be made absolute. 15. On the other hand the learned Deputy Attorney General Mr. S. Rashed Jahangir, appearing on behalf of the Taxes De......t relates to the previous assessment years other than the current assessment years. However, there shall be no order as to costs. Mohammad Ullah J. - I agree. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 12 Jun, 2013 | Hits: 86

Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)

....at person at his usual or last known place of abode or business in Bangladesh; or (c) By publication in a daily Bangla nation­al newspaper having wide circulation." 19. The case at hand was filed earlier to the said amendment. Prior to this amendment, there was no specific provisi......t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58.     ..

Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10

Grameen Telecom Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)

....earned Advocate Mr. Sarder Jinnat Ali further contends that allowance of the reference application shall only entitled the Assessee-applicant to prefer the appeal and nothing more. 9. On the other hand the learned Deputy Attorney General Mr. S. Rashed Jahangir relied upon the Paragraph of the aff......o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 5 Jun, 2013 | Hits: 86

A.B.M. Liton Vs. Bangladesh & Others, 2013, 42 CLC (HCD)

....ice demanding repayment of loan was issued only against defendant No.1, who was admittedly the main borrower. Mr. AZM Mohiuddin, learned advocate appearing for the respondent No. 3 Bank, on the other hand, submits that since no property was mortgaged in favour of the Bank, the Bank had no option but......the refusal of bail are set-aside in so far as the petitioner is concerned. Communicate this order.  Ed.  This Case is also Reported in: 66 DLR (HCD) (2014) 207   ..

Category: Banking Law | Date: 3 Jun, 2013 | Hits: 5

Bimol Rosario Vs. Barbara Rosario and others, 2013, 42 CLC (HCD)

.... nephews depriving her minor child…………(21 &  22) Cases Referred to- 19 BLT 568; 37 DLR (AD) 205, 45 DLR 279;19 DLR 188. Lawyers Involved: Md. Khandker Amitml Hague, Advocate—For the Petitioner. Moudud Ahmed with Md. Abdun Nur, Advo......w are hereby maintained. Let a copy of this judgment along with the lower Court s record be sent down at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 122.   ..

Category: Civil Law, Evidence Law | Date: 22 May, 2013 | Hits: 3