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Akramuzzaman Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)

.... Tender form by paying Taka 500.00 (Taka five hundred) only and filled it quoting Taka 1,06,00,000.00 (one crore six lac) only for the lease of the said Canal Toll Station for the year 1999-2000. For participating in the tender the petitioner also arranged 25% earnest money of the quoted amount of T......ing which it had already collected tolls. With this direction the Rule is discharged without any order as to costs. Stay is vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 209.......ing which it had already collected tolls. With this direction the Rule is discharged without any order as to costs. Stay is vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 209...

Category: Others | Date: | Hits: 170

Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)

.... the absorption of those officers in the Taxation as well as in the Customs & Excise Cadre and the letter dated 23.6.93 has been annexed as Annexure-E. 6. Respondent No.6, Internal Resources Department of the Ministry of Finance, in a letter dated 22.9.93 informed respondent No.5 the Ministry......titioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357.......titioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357...

Category: Employment/Service Law | Date: | Hits: 186

Jamaluddin (Md.) Vs. Income Tax Appellate Tribunal, Chittagong Branch, Chittagong, 1997, 26 CLC (HCD)

....ndent is directed to entertain, hear and dispose of the appeal preferred by the petitioner in respect of assessment year 1987‑1988. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 279. ......way or restricted by imposing unfavourable condition to the appellant. He further submitted that under the amended provisions of section 158(2)(a) of the Ordinance petitioner could file the appeal on payment of undisputed portion of the tax as determined on the basis of the order of Appellate Joint ......ndent is directed to entertain, hear and dispose of the appeal preferred by the petitioner in respect of assessment year 1987‑1988. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 279. ..

Category: Fiscal/Taxation Law | Date: | Hits: 221

Janapriya Rice Mills Ltd and 2 others Vs. Bangladesh, 1996, 25 CLC (HCD)

....that if an order is passed by any authority in favour of a person and the same is acted upon by such person then a vested right is created and the same cannot be taken away without any default on the part of such person. By order dated 5‑2‑1990 no right was created in favour of the petitioner of...... passing the impugned order. We therefore find no merit in these Rules. In the result, all the Rules are discharged with costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 277. ...... passing the impugned order. We therefore find no merit in these Rules. In the result, all the Rules are discharged with costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 277. ..

Category: Others | Date: | Hits: 146

Bangladesh Water Develop­ment Board Vs. Zakir Construction and Co. and another, 1995, 24 CLC (HCD)

....he Code of Civil Procedure is directed against the order dated 21‑1‑95 passed by the learned Subordinate Judge, 3rd Court, Dhaka, in Miscellaneous (Arbitration) Case No.79 of 1994. 2. Opposite party No.1 Zakir Construction & Co. Ltd. was the 1st party in Miscellaneous (Arbitration) Case N......n with flood protection of greater Dhaka City during 1989‑91. A work order for Taka 1,75,00,000.00 was issued in favour of opposite party No.1. Subsequently a dispute about enhancement of rates for payment of bills arose and the parties agreed to settle the dispute through arbitration and accordin......re of justice. In the result, the Rule is discharged without any order as to costs. Send a copy of the order to the Court once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 261. ..

Category: Alternative Dispute Resolution | Date: | Hits: 521

State Vs. Abul Howlader, 1995, 24 CLC (HCD)

....‘murder’ contained in section 300. If the answer to this question is in the negative the offence would be 'culpable homicide not amounting to ‘murder’ punishable under the first or the second part of section 304 depending, respectively, on whether the second or the third clause of section 29......rom death penalty to that of rigorous imprisonment for 8 (eight) years. The jail appeal being Jail Appeal No.1251 of 1992 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 257.......rom death penalty to that of rigorous imprisonment for 8 (eight) years. The jail appeal being Jail Appeal No.1251 of 1992 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 257...

Category: Criminal Law | Date: | Hits: 97

M/s Shorhab Vegetable Oil Refinery Limited Vs. Artha Rin Adalat and others, 2007, 36 CLC (HCD)

....Rin Adalat Ain, 2003 praying for sale of pledge goods and adjustment of the sale proceeds thereof against the outstanding loan. 3. The learned Judge of the Artha Rin Adalat, after hearing both the parties and considering the facts and circumstances, rejected the said prayer of this petitioner by ...... by any competent agency in presence of both the parties. 9. The stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 537.......The facts necessary for disposal of this rule. In short, are that the respondent No.2 Janata Bank, as plaintiff, filed the aforesaid Artha Rin Case against the petitioner and other for realization of loan amounting to Tk.23, 62, 44, 835.60. This petitioner appeared in that suit and filed written sta..

Category: Civil Law | Date: | Hits: 120

Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

....ed various devices to grab suit property which is purely an Enemy and Vested property. b. In Title Suit No.195 of 1967 before Sixth Court of Munsif, Dhaka Plaintiff took the stand that by amicable partition among other co-sharers she got 16 annas share of the holding but in the present suit she s......erty. d. Cause of action of the suit arose on 17th September, 1978 when Fourth-Twelfth Defendants refused to pay rent to Plaintiff. Plaintiff thus, had been constrained to present suit in Court on payment of ad valorem Court fee on the valuation of suit which is Taka 50,000/- 5. Third-Defendan......ed, and, as such, it stands discharged for non-prosecution. No cost. Lower Courts Records are sent down. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 506; 13 BLC (HCD) (2008) 1. ..

Category: Procedural Law | Date: | Hits: 108

Anwar Hossain (Md.) Vs. Secretary, Ministry of Finance, (Internal Resources Division) and others, 1994, 23 CLC (HCD)

....udication impugned in that action of the petitioner as to reduction of seats of his Cinema Hall in the absence of prior permission of the Customs authority was contrary to the provision of law and in particular Rule 9(2) of the Rules and as such petitioner is not entitled to the relief sought in the......in the writ petition are that the petitioner subsequently faced problems in the business because of financial stringency and that he was not able to pay the Capacity Tax. And also defaulted in making payment of Bank Loan which he got for the construction of the Cinema Hall. 4. That, in the circum......e demand of Customs authority pertaining to arrear of dues with penalty is illegal, mala fide in that the petitioner having faced the business difficulties and financial stringency in payment of bank loan intimated the customs authority in clear terms on 4‑7‑1985 that the seats of the Cinema Hal..

Category: Fiscal/Taxation Law | Date: | Hits: 278

Additional Deputy Commi­ssioner (Revenue) and Assistant Custodian, Vested Property Vs. Syed Tahammul Hossain and others, 1994, 23 CLC (HCD)

....For the Petitioner. SK Sinha with AKM Ahmadul Hasan, Advocates ‑ For opposite Party No.1. Civil Revision No.3212 of 1993. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of 3rd party petitioner is against order dated 18‑11‑93 passed by the Senior Assistant Judge, Mymensing......plaintiff filed SCC Suit No.7 of 1983 in the said Court against the predecessor‑in‑interest of opposite party Nos. 2(Ka) to 2(Chha) for his ejectment as monthly tenant on the ground of default in payment of rent. The suit was decreed ex parte on 224‑85. Thereafter, opposite party No.1 started ......scharged with costs and the order of stay stands vacated. Let the LC Records be sent down immediately with a copy of the Judgment. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 318. ..

Category: Procedural Law | Date: | Hits: 135

Abdur Razzaque Vs. State and another, 1982, 11 CLC (HCD)

....evisional Jurisdiction) Present: ATM Afzal J Mohammad Abdur Rouf J Abdur Razzaque……………………… Petitioner Vs. State and another………………………… Opposite party Judgment November 9, 1982. Result: The rule is made absolute. Lawyers Involved:......nd. Let the trial proceed against the other accused. Let the records be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 103. ......nd. Let the trial proceed against the other accused. Let the records be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 103. ..

Category: Criminal Law | Date: | Hits: 110

M/s. Mamun Poultry Complex Vs. Government of Bangladesh & Others, 2006, 35 CLC (HCD)

....ation of the impugned memo dated 31-05-06 as evident in Annexure-D be stayed. With this observation the application is disposed of. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 56. ......rther appears that the Government in its memo dated 31-05-06 directed the bank to waive all type of interest as evident in annexure-C of the writ petition and also directed to allow the borrower easy payment of principal amount by installment considering the position of the sick industries. But in t......ation of the impugned memo dated 31-05-06 as evident in Annexure-D be stayed. With this observation the application is disposed of. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 56. ..

Category: Others | Date: | Hits: 125

Bangladesh Vs. Hosne Ara Begum and others, 1994, 23 CLC (HCD)

....etitioner. Md. Zakir Hossain, Advocate ‑ For the Opposite Party No.1. Civil Revision Case No. 384 of 1994. Judgment Md. Mozammel Hoque J.- This Rule was issued directing the opposite‑party No.1 to show cause as to why Judgment and decree passed by the Additional District Judge, 6th......to a shahid family namely, to Mrs. Nazma Majid who was the wife of late Mr. Abdul Majid, the then SP, Rajshahi and since 12‑1‑1976 this Mrs. Nazma Majid had been living there with her children on payment of regular rent to the Government. It is further stated that defendant Nos.1 to 14 were not ...... below are hereby affirmed. There will be no order as to costs. Let the LC records be immediately sent down to the trial Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 511. ..

Category: Property Law | Date: | Hits: 157

Akhtar Rahman Vs. State & others, 1982, 11 CLC (HCD)

....hola, taking cogniza­nce of a case under section 379 of the Penal Code against the accused petitioner and others. We have heard the learned Counsels for the petitioner and the complainant-oppo­site party and perused the petition and the annexures thereto. 2. It appears that upon a petition of c......ates to the accused petitioner, are hereby quashed. The Rule is accordingly made absolute. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 100. ......ates to the accused petitioner, are hereby quashed. The Rule is accordingly made absolute. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 100. ..

Category: Criminal Law | Date: | Hits: 107

Adamjee Jute Mills Limited & another Vs. Chairman, Third Labour Court, Dhaka and another, 1997, 26 CLC (HCD)

.... illegality in the impugned Judgment to interfere in the same. In the result, the Rule is discharged without any order as to cost. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 314. ......erminate or otherwise punish any work without the permission of the Labour Court during industrial dispute. Respondent No.2 filed the aforesaid IRO Case No.43 of 1989 as an individual worker only for payment of back wages and not a Collective Bargaining Agent in respect of any industrial dispute and...... illegality in the impugned Judgment to interfere in the same. In the result, the Rule is discharged without any order as to cost. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 314. ..

Category: Labour and Industrial Law | Date: | Hits: 156

Dilruba Aktar Vs. AHM Mohsin, 2003, 32 CLC (HCD)

....exercise of appellate power mandated in section 423 of The Code of Criminal Procedure (for short the Code) can hear and dispose of a Criminal Appeal on merit even in the absence of learned lawyers of parties and, as such, we, in the exercise of our appellate authority, heard the appeal in absence of......that under pressure of complainant­-appellant and others he had to put signature on Kabinnama. Divorce between accuse-respondent and complainant-appellant took place on 12‑9‑1987 by agreement on payment of Taka 20,000 (Taka twenty thousand). Accused-respondent in support of his defence examined......mount if not so paid shall be recoverable as arrears of land revenue. Lower Court's Record be sent down as immediately as possible. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 568...

Category: Family Law | Date: | Hits: 165

Alhaj Abdul Awal Ratan and another Vs. Abdul Mannan Mia and others, 2008, 37 CLC (AD)

.... Ali as 5 sons and Sewar Bibi and Khaitun Bibi as two daughters. Ambor Ali died leaving behind 3 sons Misir Ali, Mohammad Ali and Abdul Mannan, pre-emptor petitioner and one daughter Anwara, opposite party No.23 and a widow Tafiran Nessa, opposite party No.24 in S.A. and R.S. record of right were pr......he above, we find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 272. ...... and set aside the judgment and order of the trial Court in Miscellaneous Case No.54 of 2000 rightly; that the market value of the case land Tk.6,00,000.00 (six lacs) but the opposite party No.2 took loan of Tk.60,000.00 from opposite party No.1 giving land mortgage to him and registered a deed of r..

Category: Property Law | Date: | Hits: 88

Board of Intermediate and Secondary Education, Comilla and others Vs. Md. Shafiqul Islam, 2007, 36 CLC (AD)

....¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Respondent  Order August 5, 2007. Result: The petition is dismissed. The Government Servants (Discipline and Appeal) Rules, 1985; Rules 10(8) In a departmental proceeding the role of the Inquiry Committee is only to help the authority in arriving at......t any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 263. ......t any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 263. ..

Category: Labour and Industrial Law | Date: | Hits: 832

Kabiruddin Ahmed Vs. Akmal Hossain and others, 1995, 24 CLC (HCD)

.....- This Rule arises out of an election petition, challenging the Chairman Election of Barakhada Union Parishad within the district of Kushtia. Three persons, including the petitioner and the opposite party No.1, filed nomination paper's and contested the election; the last date for filing nomination......est votes filed Election Tribunal Case No.2 of 1992 on 31‑3‑92, alleging that the opposite party No.1 was not qualified to be a candidate for the aforesaid election as he was a defaulter in the repayment of a loan amounting to Taka 16,651 taken by him from Bangladesh Krishi Bank, Barakhada Branc......ed Election Tribunal Case No.2 of 1992 on 31‑3‑92, alleging that the opposite party No.1 was not qualified to be a candidate for the aforesaid election as he was a defaulter in the repayment of a loan amounting to Taka 16,651 taken by him from Bangladesh Krishi Bank, Barakhada Branch, Kushtia. F..

Category: Election Law | Date: | Hits: 301

Sarada Bala Sen Vs. Sheikh (Md.) & others,1995, 24 CLC (HCD)

....said other suit filed written statement to contest the same. On the prayer of the plaintiff of the subsequent suit, the learned Subordinate Judge, Commercial Court No.1 was pleased to direct both the parties to maintain status quo in respect of possession, but in spite of the said order of status qu......fendants i.e. the present respondent, and another from the suit premises alleging, inter alia, that defendant No.1 in the SCC suit was a monthly tenant under the plaintiff who habitually defaulted in payment of monthly rents and illegally sub‑let some portion of the suit premises to defendant No.2......the above decision, the connected application is however rejected. Communicate this order to the Court below at interest of justice. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 239...

Category: Civil Law | Date: | Hits: 130