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Nuvista Pharma Limited Vs. Chairman, National Board of Revenue & ors, 2010, 39 CLC (AD)

....by Md. Wahidullah, Advocate-on-Record—For the Petitioner. Murad Reza, Additional Attorney General, instructed bv B. Hossain, Advocate-on-Record—For the Respon­dents. Civil Petition for Leave to Appeal No.2592 of 2010. (From the judgment and order dated 27.10.2010 passed by t......s VAT liability or did not prefer any appeal. It appears that audit has been conducted by the audi­tors of the Local and Revenue Audit Directorate of the Government based on records such as price declaration, monthly returns and Mushak Challan, copy of Cash Book Register etc. filed by the asses..

Category: Business or Commercial Law | Date: 4 Jan, 2010 | Hits: 4

Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)

....e deity on earth and is endowed with authority to deal with all its temporal affairs. In a Hindu religious endowment, the entire ownership of the dedicated property vests in the trustee, who holds it for the benefit of Cestui Que trust. The entire ownership of the dedicated property is transferred t......hosh's Commentary of the Law of Endowments, 1938 observed as follows: "In case of private endowment, any person who is interested in the worship of certain idol can alone maintain a suit for declaration that certain properties are debuttor properties of his ancestral idol. Any person intere..

Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94

Tobarak Ali Bepari Vs. Hachen Kha Being Dead His Heirs 1(A) Razzak Kha and others, 2009, 38 CLC (HCD)

....the petitioner today be treated as part of the main revisional application. 2. The Rule was issued at the instance of the pre-emptee on the following terms: "Let the records be called for and a Rule issue calling upon the opposite parties to show cause as to why the order dated 31.1......vides conclusive evidence as regards their preparation and revision. But entries in the SA records; in my opinion, provide a prima facie evidence as regards title. In order to maintain a suit for declaration under section 42 of the Specific Relief Act, the plaintiff is required to have prima fa..

Category: Property Law | Date: 25 Aug, 2009 | Hits: 3

Sree Ashish Kumar Shaha Roy Vs. Al-Haj Md. Wasidul Islam and others, 2009, 38 CLC (AD)

....parties Judgment July 23, 2009. Result: This petition is dismissed. Lawyers Involved: Gias Uddin Ahmed, Advocate-on-Record-For the Petitioner None represented- the Respondents. Civil Petition for Leave to Appeal No.1601 of 2008. Judgment BK Das J.-  This petition for leave to appeal h......aintiffs suit. 2. The petitioners as plaintiffs instituted Other Suit No.55 of 2004 in the Court of the Senior Assistant Judge, Sadar, Mymenshing impleading the respondents as defendants praying for declaration of title to the suit land and for recovery of khas possession therein and for a further ..

Category: Property Law | Date: 23 Jul, 2009 | Hits: 6

Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)

....let him be released from the bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 107. ......rty was shown as Taka 5,34,000 on 30-6-1990, There is no mention of accounts of the property of Comilla, Sultana Filling Station, Biponi Paiash Foundation. He stated that if property is acquired, the declaration thereof is required to be mentioned in the tax file in the next assessment year. The Dep..

Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286

Md. Babul Hossain Mollah and others Vs. Hasneara Begum and others, 2009, 38 CLC (HCD)

....visions of the Code cannot be invoked. It is well settled that where decree in question was granted on merit, it means that the defendants filed written statement and examined plaintiff witnesses before absenting themselves. Defendants had not challenged such decree on merit, therefore decree in ......his Rule are that on 08-11-1995 the petitioners as plaintiffs instituted Title Suit No.97 of 1995 in the First Court of Subordinate Judge, Gazipur, impleading the opposite parties as defendants for declaration of title to the suit land and also for declaration that Heba bil Ewaj deed nos. 6196 a..

Category: Procedural Law | Date: 28 May, 2009 | Hits: 3

Bangladesh National Women Lawyers Association (BNWLA) Vs. Bangladesh and Others, 2009, 38 CLC (HCD)

.... SC 3011; Hira Nath Misra Vs. Principal Rajendra Medical College, AIR 1973 SC 1260. Lawyers Involved: Mrs. Fawzia Karim Firoze with Mrs. Seema Zahur, Ms. Rebeka Sultana and Ms. Sathi Shahjahan-for the petitioner. Razik Al-Jail, Deputy Attorney General-for respondent No. 3. Dr. Rafiqur ......ficult task in public interest. There is no order as to costs. Quamrul Islam Siddiqui J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 415, 14 BLC (HCD)(2009) 694. ..

Category: Women and Children | Date: 14 May, 2009 | Hits: 330

Md. Abdur Rashid & others Vs. Most. Amena Khatun and others, 2009, 38 CLC (HCD)

....ant Judge, Mirpur in T.S. No.14 of 1998 dismissing the suit should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts necessary for disposal of this re-visional application, briefly, be put thus:- The plaintiff-respondent-p......r. 2. Facts necessary for disposal of this re-visional application, briefly, be put thus:- The plaintiff-respondent-petitioners, as plaintiffs, instituted Title Suit being No.14 of 1998 for declaration of title and also for dec­laration that the Heba-bil-ewaz deeds being Nos.4080 of 19..

Category: Property Law | Date: 13 Apr, 2009 | Hits: 2

Sontosh Kumar Shaha Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....fficial gazette, by implementing the order of withdrawal of sus­pension of the petitioner dated 26.4.2003 (Annexure-J) along with Memo No.218 dated 26.4.2004 (Annexure N-(9) by placing the same before the General Administration Committee (G.A. Committee) as per rule 3(d)(16) of the High Court Di...... instant writ petition, since in the earlier writ petition the petitioner prayed for a direction and withdrawal of sus­pension order while the petitioner preferred the instant writ petition for a declaration in respect of departmental proceeding No.3 of 2000 and 4 of 2000 along with other prayer..

Category: Administrative Law, Constitutional Law | Date: 5 Feb, 2009 | Hits: 2

Dr. Shipra Chaudhury and another Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....respon­dents to show cause as to why Dr. Humayra Abedin alias Dorothy, daughter of Mohammad Joynal Abedin, now being de­tained in the custody of respondent Nos.1 and 2 should not be brought before this Court so that it may satisfy itself that she is not being held in custody without lawful a......rity and in an unlawful manner. 38. There is no order as to costs. I Agree Quamrul Islam Siddiqui J. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 183.   ..

Category: Women and Children | Date: 19 Jan, 2009 | Hits: 10

Tashin Ali (Md.) Vs. Md. Shamsul Hoque and others, 2009, 38 CLC (HCD)

.... Result: The rule is discharged. In a pre-emption case there is no scope to consider the title of either party. In order to deter­mine the title, the party concerned is required to file a suit for declaration of title. In case the pre-emptor claimed to acquire the property by way of registere......ult: The rule is discharged. In a pre-emption case there is no scope to consider the title of either party. In order to deter­mine the title, the party concerned is required to file a suit for declaration of title. In case the pre-emptor claimed to acquire the property by way of registered de..

Category: Property Law | Date: 15 Jan, 2009 | Hits: 38

MM Ali Ispahani Vs. MM Ispahani Ltd., 2008, 37 CLC (HCD)

....az Rahman, Advocate-For the Respondents. Company Matter No. 40 of 1994. Judgment Syed Refaat Ahmed J.- This Application as filed in 1994 under Section 38 of the Companies Act, 1913 for a rectification of share register has finally come to be disposed of fourteen years later by thi......les of law in addressing this problem of transmission by only in 1998 securing the return of MAHI’s shares to the Respondent No. 8 Mirza Iraj Ispahani with great deference to communications and declarations received from Iran Rahim, M.M. Isky Ispahani and Ghamar Ispahani on 3.6.1998 (Exhibits ..

Category: Company Law | Date: 4 Dec, 2008 | Hits: 505

Abul Kashem (Md.) Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....e nomination paper of the petitioners should not be declared to have been passed illegally, without jurisdiction and without lawful authority and is of no legal effect. 3. The facts necessary for the disposal of the Rules, in brief, are that the petitioners are engaged with the co-operative......e guided by Samabai Samity Ain, 2001, hereinafter referred to as Ain, 2001. 4. Tenure of the Managing Committee of the said Sonar Bangla Samabai Cotton Mills Ltd. expired on 23-11-2008. After declaration of the election schedule the petitioners decided to contest for the post of membership ..

Category: Others | Date: 27 Nov, 2008 | Hits: 4

Bangladesh Jatiyo Mahila Ainjibi Samity (BJMAS) Vs. Ministry of Home Affairs and Others, 2008, 37 CLC (HCD)

............... Respondents  Judgment  August 14, 2008.  Result:  The Rule and the supplementary Rule are made absolute.  Words and Phrases DNA DNA stands for ‘Deoxyribonucleic Acid’, a molecule that contains all of our genetic information. By examini......or DNA test. The Nari-O-Shishu Nirjatan Case pending in the Court below shall proceed as usual.  Farid Ahmed J.- I agree.  This Case is also Reported in: 61 DLR (HCD) (2009) 371. ..

Category: Women and Children | Date: 14 Aug, 2008 | Hits: 201

Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)

....nce should not be declared to be void being ultra vires of Articles 7, 22, 94, 111 and 112 of the Constitution. 2. The Hon'ble Chief Justice by his order dated 18-6-08 constituted this Bench for hearing and disposal of the Rule. On 30-6-2008 when the Rule came up for hearing/ we issued a no...... of the Bangladesh Italian Marble Works Ltd vs Bangladesh, a Division Bench of this Division declared Article 95 valid as was amended by said Second Proclamation Order No. IV of 1976. In view of such declaration, he submitted, said provision "after consultation with the Chief Justice" must..

Category: Constitutional Law | Date: 7 Aug, 2008 | Hits: 236

Motahera Begum and others Vs. Abdul Monaf and others, 2008, 37 CLC (HCD)

....eing the suit should not be set aside. 2. The petitioner being plaintiffs instituted Other Suit No.45 of 1995 in the Court of the learned Senior Assistant Judge, Cox's Bazar praying a decree for declaration of title to the land measuring an area of 1.50 acres apper­taining to R.S. Khati...... the suit should not be set aside. 2. The petitioner being plaintiffs instituted Other Suit No.45 of 1995 in the Court of the learned Senior Assistant Judge, Cox's Bazar praying a decree for declaration of title to the land measuring an area of 1.50 acres apper­taining to R.S. Khatian N..

Category: Property Law | Date: 30 Jul, 2008 | Hits: 2

State Vs. Metropolitan Police Commissioner, Khulna and others, 2008, 37 CLC (HCD)

....urts as well as the other state departments, functionaries and agencies dealing with children, to keep in mind that the best interests of the child (accused or otherwise) must be considered first and foremost in dealing with all aspects concerning that child. 2. The parents of the children who ar......y the Department of Social Services.  With the above observations and directions the Rule is disposed of. Md. Emdadul Huq J. - I agree. This Case is also Reported in: 60 DLR (HCD) 660. ..

Category: Women and Children | Date: 22 Jul, 2008 | Hits: 147

A.B.M. Khaliquzzaman and others Vs. United Commercial Bank Ltd. and others, 2008, 37 CLC (HCD)

....f 2008. Judgment Syed Refaat Ahmed J.- These are four Applications variously filed under Sections 81(2) and 85(3) of the Companies Act, 1994 ("the Act") that proceed on a common prem­ise for the holding of the 20th, 21st, 22nd, and 23rd Annual General Meetings (AGMs) of United Commerci......ain the Bank from carrying out the business at the 20th, 21st and 22nd AGMs as were held but were adjourned only with re­gard to the agenda on the consideration of the financial statements and the declaration of dividend/bonus share, and in that regard re­mains satisfied of the fact that by rea..

Category: Company Law | Date: 11 Jun, 2008 | Hits: 43

Haji Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....8 and 3071 are disposed of. Cases Referred to- M. A. Salam Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Land Administration and Land Reforms and Others, (2001) 6 MLR (AD) 184; Noel Gregory Mendes Vs. Deputy Commissioner, Chittagong and......the requiring body on 14.2.2008. The Additional Deputy Commissioner (L.A) wrote a letter to the Deputy Controller, Bangladesh Forms and Publications, Tejgaon, Dhaka requesting the latter to publish a declaration under section 11(2) of the Ordinance in the official Gazette. 6. Respondent Nos.4 a..

Category: Property Law | Date: 8 Jun, 2008 | Hits: 11

Tasmima Hossain Vs. Anti-Corruption Commission and others, 2008, 37 CLC (HCD)

....i-corruption Commission to show cause as to why initiation and continuation of proceedings of ACC GR Case No.125 of 2007 corresponding to Dhanmondi PS Case No.20 of 2007 dated 07.10.07 then pending before the Court of Chief Metropolitan Magistrate at Dhaka should not be declared to have been initiat...... order fails to submit statements or information in writing in accordance therewith or submits any statement or information that appears to be baseless or false or he submits books, accounts, record, declaration or return or any document or any statement which is for appropriate reason considered to..

Category: Anti-Corruption Laws, Criminal Law | Date: 8 Jun, 2008 | Hits: 7