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.... 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.
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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
Mati alias Md. Matiar Rahman Vs. State, 2013, 42 CLC (AD)
....304 of the Penal Code, he is hereby sentenced to rigorous imprisonment for ten years. The sentence imposed by the High Court Division is accordingly modified. Ed. This Case is also Reported in: ...... of the appellant and the learned Deputy Attorney General appearing on behalf of the State and perused the impugned judgment of the High Court Division and other connected papers on record. 7. We note from the leave granting order that the only point raised in this appeal is with regard to the l..Category: Criminal Law | Date: 23 Jul, 2013 | Hits: 88
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 ...... maxim of law that in rejecting the plaint on an application filed under Order VII, rule 11 of the said Code the court cannot travel beyond the plaint and considered the extraneous matter. It will be noteworthy to quote the precedents to the case of Abul Khair Vs. Pubali Bank Ltd. reported in 5..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......High Court Division shall not abuse its power while considering an application for anticipatory bail and follow the guidelines given by this Division. 15. The High Court Division shall note that the law declared by this Division is binding upon it and the learned Judges are oath bound..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...... by way of ‘re-examination’ and not ‘examination’ since it has become a past and closed transaction. The word ‘monitoring’ always indicates a present affair. So also the word verifying connotes the same. Therefore, the argument as has been advanced by the learned Advocate Mr. Mosharaf Ho..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...... on mistaken view embarked upon an enquiry as to whether notice was duly served upon the accused-respondent No.1 through Express Guaranteed Post and also through Courier Service. It is unfortunate to note that whether notice was duly served or not upon the accused-respondent at its correct address o..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
Nazrul Islam (Md.) & others Vs. Mahfuzur Rahman and others, 2013, 42 CLC (HCD)
....he plaintiffs that within 15 days there of they will vacate the suit land but ultimately they did not leave the suit land and accordingly the plaintiffs again requested the defendants on 16-8-1997 to hand over the vacant possession of the suit land in their favour but the defendants denied the same.......order along with the lower Court s record be sent down to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 126. ..Category: Property Law | Date: 21 May, 2013 | Hits: 6
ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)
.... as such, fixing of the suit for ex- parte hearing is without jurisdiction and the decree passed ex-parte is also without jurisdiction and in violatior of the provisions of law. 11. On the other hand, Mr. Ruhul Ameen, the learned Advocate appearing for the respondent No.2 submits that the court......red opinion, the right of the petitioners, therefore to contest the suits ceased to exist under section 10 of the Ain on and from 11-5-2011 when they failed to file written statements. 16. It is noted further that section 19 of the Ain necessarily comes into play in the scheme of the Ain only u..Category: Corporate Law, Others | Date: 15 May, 2013 | Hits: 8
Moklesuddin Ahmed and another Vs. Rezia Khatun and others, 2013, 42 CLC (HCD)
....t appeal is not re-admitted to its original file and number the appellants will suffer irreparable loss and also would be deprived from substantive justice which should not be happened in the case in hand. Therefore, we are inclined to re-admit the instant appeal to its original file and number. The...... number. The office is directed to do the needful accordingly. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 209. ..Category: Constitutional Law | Date: 5 May, 2013 | Hits: 4
Hasan Chowdhury (Md.) Vs. Bangladesh Bank and others, 2013, 42 CLC (HCD)
....earned Advocate appearing for Ms. Nahid Mahtab, the learned counsel for the respondent No.3 General Manager, Foreign Exchange Policy Department (Import Policy Department) Bangladesh Bank on the other hand, submits that in this case a direction whatsoever can only be given by this Division upon the r......nd also to communicate the compliance of our direction to the Registrar of the Supreme Court without any fail. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 533. ..Category: Banking Law | Date: 2 May, 2013 | Hits: 3
Sheikh Shahadat Hossain (Md.) Vs. National Board of Revenue, and others, 2013, 42 CLC (HCD)
....e value of the goods in question. However, he argues, the Customs Authority did not at all follow those stages and put a higher value on the said goods. Mr. Protikar Chakma, learned AAG, on the other hand, supports the higher value as imposed by the Customs Authority. 26. We have gone through t......vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522 ..Category: Fiscal/Taxation Law | Date: 25 Apr, 2013 | Hits: 2
....l description of the imported goods was of acrylic polymer does not lend support from the First Schedule of the Customs Act as well as the relevant column of the CRF certificate.
7. On the other hand Mr. Gautam Kumar Roy, learned Deputy Attorney General appearing for the respondent submits that......the Commissioner of Customs, Chittagong is set aside.
Communicate the judgment and send down the records.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
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Category: Fiscal/Taxation Law | Date: 24 Apr, 2013 | Hits: 186
Tajul Islam and others Vs. Billal Hossain and another, 2013, 42 CLC (AD)
.... single Bench of the High court Division in Criminal Revision No.762 of 1991 discharging the Rule arising out of judgment and order dated 23.05.1987 passed by the learned Assistant Sessions Judge, Chandpur in Criminal Appeal No.37 of 1986 dismissing the appeal and affirming the order of convictio......e appellants shall appear before the Sessions Judge, Chandpur and till then the bail granted by this court will continue. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 165. ..Category: Procedural Law | Date: 16 Apr, 2013 | Hits: 8
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