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Sharifuddin and others Vs. Commissioner of Customs and others, 2009, 38 CLC (AD)
....to the VAT Act, 1991 and cannot be deemed to be incorporated in the VAT Act, 1991 and the withdrawal of the exemption from payment of VAT granted by the Government under notification being SRO No.169 dated 8.6.2000 issued under section 14 of the VAT Act through notification being no 252 dated 6.8.20....... The appeals are therefore allowed without any order as to cost. The civil petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ..Category: Fiscal/Taxation Law | Date: | Hits: 128
Md. Enamul Haque Vs. Md. Ekramul Haque and others, 2011, 40 CLC (HCD)
....arty No.1. Civil Revision No.3917 of 2010 and Civil Revision No.3918 of 2010. Judgment Sharif Uddin Chaklader J.- These two rule by the defendant No.1 petitioner directed against order dated 16-9-2010 passed by the learned District Judge, Nilphamari in Judicial Miscellaneous Case No.9......of the suitsexpeditiously preferably within 6(Six) months from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 263. ..Category: Procedural Law | Date: | Hits: 179
LMJ International Ltd. India Vs. MV BK Ace and others, 2010, 39 CLC (HCD)
....h other shipping document it cannot claim the delivery of the same……………….(26) Vessel becomes liable to discharge the entire cargo after obtaining the permission for breaking bulk as mandated by the Customs Act, 1969……………..(27) Cases Referred to- Modina Vegetable and Oi......n application for facilitating the parties to inform this Court about the compliance of the order, by way of affidavit of compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 256. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 490
Abdul Karim Vs. Land Acquisition Officer, Comilla and others, 2006, 35 CLC (HCD)
....sal to the Divisional Commissioner for approval. Thereafter notice under section 6 (1) (3) of the Acquisition and Requisition of Immovable Property Ordinance, was served upon the petitioner vide Memo dated 19-6-93 duly signed by the Deputy Commissioner. Finding no other alternative, the petitioner i......e without lawful authority. With the foresaid findings and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ..Category: Property Law | Date: | Hits: 85
Kartick Chandra Das and another Vs. State, 2012, 41 CLC (HCD)
....61A of the Code of Criminal Procedure this Rule was issued calling upon the opposite party to show cause as to why the proceeding of Special Case No.04 of 2008 arising out of Dupchachia PS Case No.17 dated 23-10-2007 corresponding to GR Case No.137 of 2007 under section 409/477 (Ka)/109 of the P...... instant FIR misconceived one in a much as, on the face of the instant FIR dated 23-10-2007 and that of the earlier FIR dated 08-10-2007 it palpably shows that, the name of the informant, the date of occurrence, nature of allegation and amount so misappropriated are totally different from each oth..Category: Procedural Law | Date: | Hits: 86
Nasrin Jahan (Parul) and others Vs. Khabir Ahmed and others, 2008, 37 CLC (HCD)
....firmatively that the child is illegitimate. If, therefore, it is not proved that the child was born of the body of the wife or that it was born during the marriage or that the father was alive at the date of conception or that the child was born within 280 days of the dissolution of the marriage, no......y attain majority from the defendant No.1 at the rate of Taka 1500 (fifteen hundred) per month. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 697. ..Category: Family Law | Date: | Hits: 114
Sree Sree Ananta Dev Chakra Bigrah & others Vs. Bangladesh & others, 1983, 12 CLC (HCD)
....ale of certain bazar was premature, illegal and without jurisdiction and that certain tanks are retainable as khas Appeal against the order of Mr. D.N. Chowdhury, Subordinate Judge of Zilla Noakhali, dated the 23rd of April, 1969 in Title Suit No.150 of 1967 under the provisions of section 20(2a) of...... is directed to dispose of the suit within six months from the date of the receipt of the records. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 301. ..Category: Property Law | Date: | Hits: 74
Nurul Hoque Vs. Bazal Ahmed and 3 others, 1995, 24 CLC (HCD)
....rsons under proper sections. The learned Magistrate on receipt of the said naraji petition was pleased to take up the case again and passed an order calling for the case diary. Against the said order dated 20‑12‑78 the accused petitioner moved the learned Sessions Judge, Chittagong in revision. ......ases vide Cox's Bazar PS Case No.7 (11) 78, corresponding to GR Case No.538/78, under sections 148/149/324/379/34 BPC and No. 8(11) 78 under sections 147/447/379/342/323 BPC were started for the same occurrence and the former is counter to the latter one. Ultimately, SI Saidul Haque investigated bot..Category: Criminal Law | Date: | Hits: 138
Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)
....t Mohammad Abdur Rashid J.- The above Rule Nisi was obtained challenging the continuation of the criminal proceeding in Metropolitan Special Case No.149 of 07 arising out of Kotwali P.S Case No.68 dated 30.05.07 corresponding to ACC GR Case No.40 of 2007 in the Court of Metropolitan Sessions Judg......wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ..Category: Fiscal/Taxation Law | Date: | Hits: 246
Kamrul Mia and others Vs. State, 2007, 36 CLC (HCD)
....pecial Ain, as such, the period for completion of the trial cannot be extended by any means. The Speedy Tribunal, as it appears, when a case is received by the Tribunal Judge, he should chalk out the dates to conclude the trial at least one week before the period mentioned in section 10 of the Ain. ......udge of Druta Bichar Tribunal No. 4, Dhaka in Druta Bichar Tribunal Case No. 27 of 2005 rejecting the prayer for returning back the case to the original Court. 2. FIR was lodged on 12-9-2004 of an occurrence dated 11-9-2004, by the informant opposite party, implicating the accused petitioners in ..Category: Procedural Law | Date: | Hits: 84
Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)
....ing business. The plaintiff’s consignment was inspected by Inspectorate Griffith (UK) Ltd before shipment from UK and certified to be in good running condition in the Clean Report of Findings (CRF) dated 21-10-1999. The consignment was shipped on board the defendant No.1 vessel for carriage from H......file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ..Category: Limitation Law | Date: | Hits: 174
Abdul Quader Farazi Vs. Chief Election Commissioner, Bangladesh & others, 1998, 27 CLC (HCD)
....o.456 of 1998. Judgment Md. Abdul Aziz J.- The petitioner Abdul Quader Farazi obtained this Rule calling upon the respondents to show cause as to why the order passed by the Election Commission dated 3‑2‑1998 for holding fresh poll in No.76 Uttar Lengutia Government Primary School Centre o......s. In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 636. ..Category: Election Law | Date: | Hits: 591
FR Garments (Pvt.) Ltd. Vs. Artha Rin Adalat, Dhaka, 2008, 37 CLC (HCD)
....or Added Respondent no. 3. Writ Petition No. 10051 of 2006. Judgment Sheikh Abdul Awal J. - In this Rule Nisi the respondents have been called upon to show cause as to why the impugned order dated 1-10-2006 (Annexure- E) passed by respondent No. 1 rejecting the application for dismissing th......cted to proceed with the Execution Case No. 658 of 2005 expeditiously. Communicate the judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 296; 61 DLR (HCD) (2009) 223. ..Category: Civil Law | Date: | Hits: 170
Paritosh Chandra Nag Vs. Bangladesh represented by Secretary, Ministry of Land, 2008, 37 CLC (HCD)
....appertaining to CS Khatian Nos. 11 and 12, CS and SA Dag Nos. 21, 23 and 86 of Mouza Purbo Narashinghapur, Police Station - Ashulia, formerly Savar, Dhaka as requested by the demand of justice notice dated 12-7-2007 (Annexure-A) shall not be declared to be void and to have been made without any law ......is discharged without any order as to cost. The order of status quo granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 214. ..Category: Property Law | Date: | Hits: 107
Md. Shafiqul Islam Vs. Board of Intermediate and Secondary Education, Comilla, 2006, 35 CLC (HCD)
....spondent Nos. 1 and 2. Writ Petition No.3519 of 1997. Judgment Afzal Hossain Ahmed J.- This Rule Nisi was issued calling upon the Respondents to show cause as to why the impugned order dated 5.6.1996 passed against the petitioner under the signature of Respondent No.3 allegedly acting......ure-A to the petition, is declared to have been made without lawful authority and is of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 203. ..Category: Labour and Industrial Law | Date: | Hits: 2706
Sahabuddin Vs. State, 2008, 37 CLC (HCD)
....not at all substantive evidence and it may be used only for corroborating a witness………………(44) Unusual delay cannot be caused in the matter of noting down statement of a witness and mandate of law demands immediate recording of statements when memory of witness remains fresh as human ......hapati, Chinese axe and they also cut different parts of the body of the victim Shah Alam Babul. It is further stated that accused persons threatened Sobhan, Kashem and Shahidulah not to disclose the occurrence to anybody; that Sobhan and his companions informed the occurrence over telephone from th..Category: Criminal Law | Date: | Hits: 85
Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)
....stant Attorney-General - For the State. Criminal Appeal No.1491 of 1991. Judgment M Enayetur Rahim J.- This appeal is directed against the Judgment and order of conviction and sentence dated 29-8-1991 passed by the Special Tribunal No.1, Panchagarh in Special Tribunal Case No.2 of 199......্ত জবানবন্দি সত্য হতে পারে আবার নায়ো হতে পারে।” This witness also voluntarily stated that Forwarding এ I/O time of occurrence যা লিখেছেন স্বীকার উক্তি মূলক জবা..Category: Criminal Law | Date: | Hits: 84
Md. Ismail Vs. State, 2012, 41 CLC (HCD)
....iqur Rahman Miah J.- This Rule on an application filed under section 561A of the Code of Criminal Procedure was issued calling upon the opposite parties to show cause as to why the Judgment and order dated 31-07-2000 passed by Additional Metropolitan Sessions Judge, 2nd Court, Chittagong in Criminal......ioner from the allegation of the CR case No.306 of 1991 is quashed and the accused is acquitted from the charge levelled against him. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 473. ..Category: Procedural Law | Date: | Hits: 94
.... 2678 of 2005, 3797/2003, 6971/2004, 6262/2005, 1512-13 of 2006.
Judgment
MA Rashid J. - The above Rules Nisi except the one in Writ Petition No. 1513 of 2006 were issued against a common order dated 10-2-2003 passed by the Appeal Officer under rule 31 of the Tenancy Rules, 1955 hereinafter re...... of respondent No. 2 presented under Rule 31
Of the Tenancy Rules, 1955 are accordingly, restored. Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 18.
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Category: Property Law | Date: | Hits: 120
State Vs. Md. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....ful Islam, investigated into the case, visited the place of occurrence examined and recorded statements of the witnesses under section 161 of the Code of Criminal Procedure and submitted charge-sheet dated 26‑8-98 under sections 143, 302 and 34 of the Penal Code against accused Ershad Ali Sikder......n can be killed without any pre‑plan……………..(36) The appellants were members of the unlawful assembly armed with deadly weapons and they came with the condemned prisoner to the place of occurrence with the said weapons in their hands. This evidence is sufficient to hold them liable for..Category: Criminal Law | Date: | Hits: 110
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