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National Board of Revenue and others Vs. PHP Cold Rolling Mills Limited, 2009, 38 CLC (AD)
....6, to the Assistant Commissioner, Customs, Excise and VAT, Feni Division, praying for allowing draw back on the said IDSC but the said Assistant Commissioner, by his memo dated 19.09.2006, denied his prayer, alleging that the said IDSC is not customs duty. This order of rejection was challenged in W......er 6, 2009. Lawyers Involved: Abu Sams Md. Khalequzzaman, Advocate-on-Record-For the Petitioners. (In all the Cases) Not Represented-For the Respondents. (In all the Cases) Civil Petition for Leave to Appeal Nos. 1130-1133 of 2008. (From the Judgment and order dated 25.07.2007 passed ......ent of the said surcharge. In that view of the matter, we find no substance in these petitions and accordingly those are dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 132. ......ent of the said surcharge. In that view of the matter, we find no substance in these petitions and accordingly those are dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 132. ..Category: Fiscal/Taxation Law | Date: | Hits: 70
Abdul Malek Vs. Government of the Bangladesh, 2010, 39 CLC (AD)
....ner along with 3 others made the representation for release of the property only on 21st January, 1996 after about 43 years of the date of acquisition by the Government. There is no scope to make any prayer to the Minister-in-charge of the Ministry of lands for release of the property as per law. ......ber 3, 2010. Lawyers Involved: Md. Awlad Ali, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 362 of 2009. (From the judgment and order dated 1.6.2008 passed by the Hi......tly discharged the rule. This petition merits no consideration. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 130, 16 MLR (AD) (2011) 440. ......tly discharged the rule. This petition merits no consideration. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 130, 16 MLR (AD) (2011) 440. ..Category: Property Law | Date: | Hits: 58
Nahar Shipping Lines Limited and another Vs. Homera Ahmed and others, 1999, 28 CLC (HCD)
....ction of the documents are essential for fair and effectual disposal of the main application. The learned Advocate for the respondents, on the other hand, opposed this application submitting that the prayer for discovery and production of documents made it evident that the main application of the pe......, lftekhar Ahmed, Advocates—For the Petitioners. Syed Mahmudul Ahsan, Advocate—For the Opposite Parties. Matter No.151 of 1997. Judgment Respondent Nos.1-3 have filed this application for summary dismissal of the main application filed by petitioners under section 233 of the Companie......une, 1999 filed by the petitioners within 6(six) weeks from date and the affidavit in compliance to be filed within 1(one) week thereafter. Ed. This Case is also Reported in: 52 DLR (2000) 585. ......une, 1999 filed by the petitioners within 6(six) weeks from date and the affidavit in compliance to be filed within 1(one) week thereafter. Ed. This Case is also Reported in: 52 DLR (2000) 585. ..Category: Company Law | Date: | Hits: 235
KM Zakir Hossain Vs. Bangladesh Bank and others, 2000, 29 CLC (HCD)
....gement of the said Bank misinformed and misguided the Board in getting the reschedulement approved, at the request of the present Chairman of the Bank. The impugned order is discriminatory as similar prayers for reschedulement by others in similar position were refused. Lastly, the petitioner being ......lam Brothers Properties Limited is a borrower of IFIC Bank, the respondent No.3. The Chairman of the Bank is also the Chairman and the Managing Director of the Islam Brothers Properties Ltd. and therefore has vested interest in the latter. The Company has huge outstanding dues with IFIC Bank which w......e respondent No.4. In view of the above, the Rule is discharged without any order as to costs. Stay order granted earlier is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 577. ......e respondent No.4. In view of the above, the Rule is discharged without any order as to costs. Stay order granted earlier is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 577. ..Category: Business or Commercial Law | Date: | Hits: 208
....ordinate Judge, Mymensingh, on 02.08.1978, alleging therein that they acquired right, title and possession in the suit land by taking pattan of the same from the Moharaja of Muktagacha with a further prayer for direction upon the concerned Tahsilder to record his name in the record of rights since h......e-on-Record-For the Petitioners.
Not Represented-the Respondent.
Civil Review Petition No.137 of 2008.
(From the Judgment and order dated 14.07.2008 passed by this Division in Civil Petition for Leave to Appeal No. 1768 of 2007)
Judgment
ABM Khairul Haque J. - This review petition for......nings.
Under such circumstances, this petition for Review has got no substance and it is dismissed with the aforesaid observation.
Ed.
This Case is also Reported in: VIII ADC (2011) 114.
......nings.
Under such circumstances, this petition for Review has got no substance and it is dismissed with the aforesaid observation.
Ed.
This Case is also Reported in: VIII ADC (2011) 114.
..
Category: Limitation Law | Date: | Hits: 165
Shah Ahmed Vs. Muhammad Abdullah and others, 2010, 39 CLC (AD)
....ted 16th October, 1979, before the Administrator of Waqf and on the said application the present enrolment proceeding was started. The Administrator of Waqf by order dated 2nd April, 1986 allowed the prayer by order dated 2nd April, 1986 in Misc. H.C. No.15 of 1979. 5. Against the said order date......r Respondent No.1 Not represented-Respondent Nos. 2-6. Civil Review Petition No. 159 of 2009. (From the judgment and order dated 24.03.2009 passed by the Appellate Division in Civil Petition for Leave to Appeal No.60 of 2008) Judgment SK Sinha J. - This review petition at the instance...... Miscellaneous Case No.173 of 1986 and that the learned Additional District Judge will be at liberty to dispose of the said case on merit. Ed. This Case is also Reported in: VIII ADC (2011)106. ...... Miscellaneous Case No.173 of 1986 and that the learned Additional District Judge will be at liberty to dispose of the said case on merit. Ed. This Case is also Reported in: VIII ADC (2011)106. ..Category: Trust/Waqf Law | Date: | Hits: 171
Ibrahim (Md.) & others Vs. State, 2004, 33 CLC (HCD)
.... identification parade and having found prima facie case he submitted the charge-sheet against the accuseds and he identified the accuseds in the dock. In cross-examination PW 8 states that he made a prayer for holding of a Test Identification parade on 10-2-99 and the parade was held on 28-2-99. In......o. 3203 of 2001. Judgment Md. Ashfaqul Islam J. - This death reference No. 36 of 2001 under section 374 of the Code of Criminal Procedure has been made by the learned Sessions Judge, Lakshmipur for confirmation of the sentence of death imposed upon the condemned prisoners (1) Md. Ibrahim, (2) ...... 41. Send down the lower court records expeditiously. Let a copy of this judgment be sent to the Superintendent, District Jail, Lakshmipur. Ed. This Case is also Reported in: 58 DLR (2006) 598. ...... 41. Send down the lower court records expeditiously. Let a copy of this judgment be sent to the Superintendent, District Jail, Lakshmipur. Ed. This Case is also Reported in: 58 DLR (2006) 598. ..Category: Criminal Law | Date: | Hits: 91
State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)
....সামী ডকে ছিল আইন মতে।” The learned Counsels contended that after lodgment of first information report of this case, Shahid was shown arrested on 6-9-1998 and the prayer for remand of Shahid was allowed by the learned Magistrate on the same day, but Shahid was no......on 25 of the Nari-o-Shishu Nirjatan Daman (Bishes Bidhan) Ain, 1995 (shortly referred to as the Ain, 1995) has been made by the learned Judge of the Nari-o-Shishu Nirjaton Daman Tribunal No. 2, Dhaka for confirmation of the sentence of death imposed upon the six convicts, namely 1) Shahidul Islam al...... Condemned prisoner Shaniram is to be set at liberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ...... Condemned prisoner Shaniram is to be set at liberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ..Category: Criminal Law | Date: | Hits: 70
Badrud Doza (alias Momin) (Md.) Vs. State, 2006, 35 CLC (HCD)
..... 58 dated 21-4-2006 under section 19(1) (1)(Kha) of the Narcotics Control Act, 1990 corresponding to GR No. 259 of 2006 now pending in the Court of Chief Metropolitan Magistrate, Dhaka rejecting the prayer for bail. 2. The facts involved for disposal of the Rule are as follows: 3. The prosecutio......ted 21-4-2006 under section 19(1) (1)(Kha) of the Narcotics Control Act, 1990 corresponding to GR No. 259 of 2006 now pending in the Court of Chief Metropolitan Magistrate, Dhaka rejecting the prayer for bail. 2. The facts involved for disposal of the Rule are as follows: 3. The prosecution case,......sent BD House, Road No. 43, House No. 3, PS Gulshan, Dhaka be enlarged on bail subject to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 58 DLR (2006) 529.......sent BD House, Road No. 43, House No. 3, PS Gulshan, Dhaka be enlarged on bail subject to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 58 DLR (2006) 529...Category: Criminal Law | Date: | Hits: 64
Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)
....e present form and manner as framed? (b) was the suit barred by limitation? (c) was any fraud committed by the defendants? and (d) was the plaintiff entitled to get any relief as prayer for? 47. Plaintiff Southern, first defendant ABBL, and third defendant KEB examined on......and Mastas, [1966) 2 Lloyd's Rep 495; Uttara Bank Vs. Macneil and Kilburn Ltd and others, 33 DLR (AD) 298; Bangladesh Vs. Israil Ali, 1981 BLD (AD) 371: Janata Bank Vs. Ahmedia Garments 40 DLR 72; Comforts Apparel Vs. Imperial Knitting Industries Ltd and others, 52 DLR 350; Chartkar Information Hold......t wants to and then, write out the judgment in the light of our observations made hereinbefore. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 392. ......t wants to and then, write out the judgment in the light of our observations made hereinbefore. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 392. ..Category: Business or Commercial Law | Date: | Hits: 289
....led Money Suit No. 74 of 2002 in the Court of Artha Rin Adalat, Chittagong for realization of Taka 78,59,661.37. In this backdrop suppressing material facts the petitioners filed writ petition with a prayer for injunction against the respondents which is ex facie mala fide and for collateral purpose......
Md. Muzammel Hossain J. - This Rule Nisi was issued at the instance of the petitioner calling upon the respondents to show cause as to why inclusion of the petitioner Nos. 1 and 2 in the Credit Information Report as on 30-9-2002 (monthly)/ June 30, 2002 (Quarterly) being default Code No. 3912 is...... In the result, the Rule is discharged without any order as to costs and the order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 58 DLR (2006) 517.
...... In the result, the Rule is discharged without any order as to costs and the order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 58 DLR (2006) 517.
..
Category: Business or Commercial Law | Date: | Hits: 251
Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....aded guilty on behalf of all the crews who had made their alleged confessions by moving their heads as they did not know English. Be that as it may, without granting any adjournment of hearing on the prayer of the petitioner's representative Khair Ahmed and without granting permission to the Investi......aval Contingent passed command from their ship on those vessels to halt but the vessels did not comply with the command and thereafter these three vessels were arrested by the Naval Contingent. The informant made a list of 42 crews of three vessels and then came to Patenga Police Station with the sa......ed to have been made without lawful authority and to be of no legal effect. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 58 DLR (2006) 503. ......ed to have been made without lawful authority and to be of no legal effect. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 58 DLR (2006) 503. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 221
Ashique Jeans Apparels Ltd and another Vs. National Board of Revenue and another, 2005, 34 CLC (HCD)
....t Petition No. 4083 of 2002, the Rule Nisi was issued upon the respondents to show cause as to why Memos being file No. 11 (302) Anu; 1/2000/2563 dated 21-12- 2000 (Annexure-A) (wrongly stated in the prayer as well as in Rule issuing order as file No. 11 (302) Anu; 1/2000/2653), File No.11(302) Anu:......ah Vs. CIT (1969) 57 ITR 185; Wabbing & Belting Factory Pvt. Ltd. Vs. CIT (1961) 43 ITR, 234, 238; CIT Vs. Indian Aluminum Co. Ltd. (1973) 88 ITR 257, 276. Lawyers Involved: Mahmudul Hoque for Rokonuddin Mahmud, Advocate—For the Petitioners. Kazi Waliul Islam, Assistant Attorney-Gene...... section 46 is to encourage more new undertakings to be established. However, there will be no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 478, 26 BLD (HCD) (2006) 324. ...... section 46 is to encourage more new undertakings to be established. However, there will be no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 478, 26 BLD (HCD) (2006) 324. ..Category: Fiscal/Taxation Law | Date: | Hits: 93
....ect has been sited on land which was earmarked as "Recreation garden and court," as can be seen from the site plan of 1973, Annexure "D" to the petition.
5. The Rule was issued on the petitioners' prayer for a declaration that the impugned project has been undertaken without lawful authority and ......nd 3.
Writ Petition No. 3548 of 2003.
Judgment
Md. Imman Ali J. - This Rule Nisi was issued on an application under Article 102 of the Constitution challenging the construction of residences for the Speaker and Deputy Speaker within the National Assembly Area in violation of the original pl...... Let a copy of this judgment be communicated to the respondents to take necessary steps in the light of our judgment, in accordance with law.
Ed.
This Case is also Reported in: 58 DLR (2006) 441....... Let a copy of this judgment be communicated to the respondents to take necessary steps in the light of our judgment, in accordance with law.
Ed.
This Case is also Reported in: 58 DLR (2006) 441...
Category: Environmental Law | Date: | Hits: 484
Jamal Ahmed alias Jamal Vs. State, 2005, 34 CLC (HCD)
....f the learned Sessions Judge, Sylhet who. hearing the learned Advocate for the petitioner and perusing the Memo and papers on record, did not admit the appeal on the ground that there was no separate prayer for condonation of delay and that the appellant did not file the certified copy of the judgme......, Druta Bicher Adalat, Sylhet convicting the petitioner under section 2(kha)(1) of Ain Sringkhola Bignakari Aparadh (Druta Bicher) Ain, 2002 sentencing him there under to suffer rigorous imprisonment for 2(two) years and to pay a fine of Taka 1000 in default to suffer rigorous imprisonment for 15(fi......the best way the Court would deem fit and proper within 2(two) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 419. ......the best way the Court would deem fit and proper within 2(two) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 419. ..Category: Criminal Law | Date: | Hits: 65
Suratjan Bewa Vs. Md. Abdul Mannaf and others, 2006, 35 CLC (HCD)
....the latter in gratitude and appreciation gifted the suit land to him by executing the Hiba-bil-iwaz deed on 21-9-1992 in exchange of consideration in the form of the Holy Quran, rosary (tasbih) and a prayer mat (jainamaz). It was also contended that Anfar Uddin executed the deed by putting his LTI a......of 1996 should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The plaintiff-petitioner instituted Other Class Suit No. 46 of 1996 for a declaration that the Hiba-bil-iwaz deed No. 3715 purported to be executed and registered by on......e in the Rule issued. In the result, the Rule is discharged. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 400.......e in the Rule issued. In the result, the Rule is discharged. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 400...Category: Property Law | Date: | Hits: 82
State Vs. Mokammel Hyeath Khan, 2006, 35 CLC (HCD)
....s arrested on 8-6-2002 and produced before the Magistrate on 9-6-2002. Mukbul Hossain Mukul was sent to Pangu (Orthopedic) Hospital for treatment on that date. The learned Magistrate ordered that the prayer for his remand would be considered as soon as he was released from the hospital with discharg......ukbul Hossain, 26 DLR 419. Lawyers Involved: Abdul Malek with Asaduzzaman, SM Shujahan, Advocates—For the Condemned Prisoner. Md. Khalilur Rahman Bhuiyan, Advocate —State defence lawyer for absconding Condemned Prisoners. AM Mahbub Uddin with Md. Yunus Ali Akond, Md. Kamruzzaman, Na......e set at liberty at once if not wanted in any other case. Send down the LC Record with a copy of the judgment. Ed. This Case is also Reported in: 58 DLR (2006) 373, 26 BLD (HCD) (2006) 641. ......e set at liberty at once if not wanted in any other case. Send down the LC Record with a copy of the judgment. Ed. This Case is also Reported in: 58 DLR (2006) 373, 26 BLD (HCD) (2006) 641. ..Category: Criminal Law | Date: | Hits: 236
Nasima Akhter Banu Vs. Abu Taher Masud and others, 2006, 35 CLC (HCD)
.... Civil Procedure stating that due to inadvertence some amendment was done in the previous application dated 6-3-2003 which was not at all necessary, so he prayed for certain amendment relating to the prayer No. Ka (3) by which the plaintiff sought for a declaration that aforesaid kabalas of 1985 in ......are that on 27-8-1994 the petitioner as plaintiff instituted Partition Suit No. 186 of 1994 in the Court of Senior Assistant Judge, Cox's Bazar against the defendants herein opposite parties, praying for a separate saham of her share in the property for partition by metes and bounds Subsequently, th......ed earlier by this Court is hereby vacated. Communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 370. ......ed earlier by this Court is hereby vacated. Communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 370. ..Category: Procedural Law | Date: | Hits: 99
Abdul Mazid (Md.) Vs. State, 2006, 35 CLC (HCD)
....ody from the date of his arrest on 5-9-1999 and the judgment was delivered imposing punishment on 30-4-2005 without extending benefit of the pre-trial custody period which he already suffered. On the prayer of the learned Advocate for the appellant, we are also inclined to include the pre-judgment c...... the learned Additional Sessions Judge, 2nd Court, Bogra, in Sessions Case No.92 of 2000 convicting the accused-appellant under section 304 of the Penal Code and sentencing him to suffer imprisonment for life and also to pay a fine of Taka 5000, in default, to suffer rigorous imprisonment for one ye...... However, imposition of fine shall remain unaltered. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 355....... However, imposition of fine shall remain unaltered. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 355...Category: Criminal Law | Date: | Hits: 93
Abdus Salam (Md.) Vs. Deputy Registrar of Trade Marks and others, 2005, 34 CLC (HCD)
.... 13. Considering the facts and circumstances of the case and the impugned orders, we require the documents filed by both the parties as additional evidence to pronounce the judgment and accordingly, prayers of both the parties are allowed. 14. Mr. Gazi Md. Neamat Hossain, the learned Advocate ap......e Deputy Registrar of Trade Marks, Dhaka rejecting Rectification Case No. 244 of 1998. 3. Short facts leading to the filing of this trade marks appeal are that the appellant filed an application before the Registrar of Trade Marks, Dhaka under section 37 and 46 of the Trade Marks Act, 1940 (herei......a is directed to dispose of Trade Marks Appeal No. 5 of 2004 on merit in accordance with law. No order as to costs in any of the appeals. Ed. This Case is also Reported in: 58 DLR (2006) 343.......a is directed to dispose of Trade Marks Appeal No. 5 of 2004 on merit in accordance with law. No order as to costs in any of the appeals. Ed. This Case is also Reported in: 58 DLR (2006) 343...Category: Intellectual Property Law | Date: | Hits: 189
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