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Aminur Rashid Vs. Collector of Customs, Customs House, Chittagong and others, 1996, 25 CLC (HCD)

....According to him, statutory duty as shown in the first schedule of the Customs Act is not the effective duty. Government in exercise of its power under section 19 of the Customs Act can allow full or partial exemption of the statutory duty on any goods from payment of customs duty chargeable under t......etitioner approached Customs Authority, Chittagong and submitted bill of entry on 26‑7‑93 with all necessary shipping documents through his C & F agent for taking delivery of the consigment after payment of the customs duty at the rate of 15% prevailing at the time of opening LC. Thereafter cust......refore, find no merit in the contention of the learned Advocate for the petitioner. In the result the Rule is discharged with cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 503. ..

Category: Fiscal/Taxation Law | Date: | Hits: 204

Janata Bank Vs. Saiful Islam, 2006, 35 CLC (HCD)

....f civil Procedure can be allowed. 16. Law relating to the amendment of plaint is envisaged in Order 6 Rule 17 which runs as follows: "The Court may at any stage of the proceeding allow either party to alter or amend his pleadings in such manner and on such terms as may be just and all such a......defendant-respondent within three months with a direction to amend the plaint as prayed for. Office is directed to do the needful. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 18. ......ent as defendant appeared in the trial Court and contested the suit by filing written statement denying all material allegations brought in the plaint and further prayed for allowing him to repay the loan according to the conditions given by interest condonation committee. It is further stated that ..

Category: Civil Law | Date: | Hits: 117

Bangladesh Bank Vs. Md. Kasedul Haque Majumder, 2003, 32 CLC (HCD)

.... Vs. Md. Aslam, 22 DLR 146 SC.; Heyman Vs. Darwins Ltd., 1942 AC 356. Lawyers Involved: Shamim Khaled Ahmed with Md. Mafizul Islam - For the petitioner. ARM Shahidul Islam - For the opposite party. Civil Revision No.6159 of 2001. Judgment AHM Shamsuddin Choudhury J.- The Applicati......ion Miscellaneous Case No.41 of 1999 is set aside. The aforementioned rule is consequently made absolute without any order as to cost. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 11. ......ion Miscellaneous Case No.41 of 1999 is set aside. The aforementioned rule is consequently made absolute without any order as to cost. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 11. ..

Category: Alternative Dispute Resolution | Date: | Hits: 218

Md. Aminul Haque Helal Vs. Mr. Justice Sultan Hossain Khan and others, 2006, 35 CLC (HCD)

.... Republic pursuant to the said appointment, and as such the impugned appointment is not hit by Articles 99 or 118 of the Constitution in any way. The petition is also bad for non-joinder of necessary parties, as the members of the Selection Committee as provided in section 7 of Act No.5 of 2004, hav......ove the petitioners case. In view of our discussions and findings made above, this rule is discharged without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 1. ......ove the petitioners case. In view of our discussions and findings made above, this rule is discharged without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 1. ..

Category: Constitutional Law | Date: | Hits: 228

Md. Warish Uddin Chowdhury Vs. Bangladesh and others, 2008, 37 CLC (AD)

....99 hence in effect, the letter was issued after the deadline set out by the respondents has expired. Nevertheless, the petitioner upon being informed of the new rules contacted by the Sylhet Forest Department and submitted a form A, on 13.04.1999. As per the instructions set out in the letter dated ......ill forest. The petitioner also paid Tk.2000.00 on 05.04.1999 towards the license renewal fee. Despite his submission of the Form A, supply of all necessary information required by the respondent and payment of license fee, the petitioner's license was not renewed. The petitioner has in the mean tim......e above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 253...

Category: Others | Date: | Hits: 127

Bangladesh Parjatan Corporation Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)

....gality. The petitioner was terminated from service of the Corporation by the appropriate authority in compliance with the provisions of the Probidhanmala, 1990; the allegation of mala fide act on the part of the authority was not correct. Since the petitioner has been given 90 days’ ‘notice payâ......n and the petitioner accepted the said term. In bidhi 50(2) of the Probidhanmala, 1990 in place of 30 days, it has been made 90 days in both cases. The petitioner was terminated by the Corporation on payment of 90 days’ salary, but the petitioner did not accept the said payment though by another l...... writ-respondent-appellants herein to reinstate him in his post with all his due back wages and benefit. The appeals are dismissed. No order as to cost. Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: | Hits: 156

Government of Bangladesh and others Vs. Abdul Quader Mollah and another, 2011, 40 CLC (AD)

....thority did not provide them Division-1 status as per Jail Code. In the context of the matter, they moved the High Court Division seeking the above direction. The High Court Division upon hearing the parties directed the petitioners to provide them Division-1 status. 4. It is contended on behalf ......ts to provide the petitioners Division-1 status under the Jail Code. There is no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 240.......ts to provide the petitioners Division-1 status under the Jail Code. There is no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 240...

Category: Criminal Law | Date: | Hits: 95

Janata Bank Ltd. Vs. Gulneara Begum and others, 2009, 38 CLC (AD)

....loan money and the said suit was renumbered as Artha Rin Suit No.295 of 1990 on transfer to the Artha Rin Adalat, Comilla, after promulgation of Artha Rin Adalat Ain, 1990 and the suit was decreed ex parte for Tk.40,871.56/- by the judgment and decree dated 23.04.1991 and for satisfaction of the sai......Procedure is of no help. The leave petition do not merit consideration being barred by limitation. The petition is accordingly dismissed. This Case is also Reported in: 20 BLT (AD) (2012) 170. ......etitioner bank filed Money Suit No.8 of 1984 in the 3rd Court of Munsif, Comilla, against borrower, Sirajul Haque, the predecessor of these writ petitioners and others, for realisation of outstanding loan money and the said suit was renumbered as Artha Rin Suit No.295 of 1990 on transfer to the Arth..

Category: Limitation Law | Date: | Hits: 140

Ishaque Mia (Md.) & another Vs. Abdul Mazid Mollah & others, 1995, 24 CLC (HCD)

.... the Petitioners. Abdul Quayum, Advocate ‑ For the Opposite Party No.1. Civil Revision No.1258 of 1991. Judgment Mainur Reza Chowdhury J.- This Rule was issued calling upon the opposite party No.1 to show cause as to why the impugned Judgment and decree dated 29.1.1991 and 4.2.1991 pas...... multiplicity of suit and further litigation concerning them. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 465. ...... multiplicity of suit and further litigation concerning them. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 465. ..

Category: Civil Law | Date: | Hits: 130

Abdur Razzaque @ Geda Vs. State, 1995, 24 CLC (HCD)

....aw inasmuch as the accused‑appellant has been seriously prejudiced in his defence as no charge was framed against him and he was not given reasonable opportunity of confronting the charge with full particulars while the witnesses were examined, as such, the order of conviction and sentence is liab......e leveled against him and is acquitted of the same. He may be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 457.......e leveled against him and is acquitted of the same. He may be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 457...

Category: Criminal Law | Date: | Hits: 144

Nitai Ch. Shaha and another Vs. M/s. City Ice and Cold Storage Ltd. and others, 1982, 11 CLC (HCD)

....r-Rahman Khan J.- These two Rules were obtained by Nitai Chand Saha and his younger brother Umananda Saha who figured as defendant No.1 respectively in the two suits brought by the plaintiff opposite party for specific performance of an alleged con­tract. The Rules are directed against the orders o......ces were made and issued but the defendants did not execute the kabalas. 3. The defendants petitioners filed written statement denying any contract of sale with the plaintiff opposite party or any payment of mo­ney by the plaintiff opposite party or any payment of money by the plaintiff opposite......d Subordinate Judge are set aside and the plaintiff opposite party's petitions for amendment are rejected. Ranadhir Sen J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 61...

Category: Civil Law | Date: | Hits: 132

Matira Bewa & others Vs. Sree Sudhir Chandra Saha & others, 1982, 11 CLC (HCD)

....yat was hit by section 75A of the said Act and was null and void decreed the suit for declaration and recovery of possession. A contention raised by the defendant that the plaintiffs themselves being party to the transac­tion could not turn round and say that the kabulyat was null and void being in......d those of the Courts below are restored, upheld and affirmed. There will be no order as to costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 56. ......d those of the Courts below are restored, upheld and affirmed. There will be no order as to costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 56. ..

Category: Property Law | Date: | Hits: 146

Jan-E-Alam Vs. Rupali Bank Limited and others, 2009, 38 CLC (AD)

.... Execution Court rejected the applications filed by the decree holder-bank, judgment debtor and Rupali Bank, Dewan Bazar Branch, respondent No.4, on 23.04.2002 holding that there is no latches on the part of auction purchasers and since the decree holder bank and Rupali Bank, Dewan Bazar, the two br......f the above, we find no substance in submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82. ......f the above, we find no substance in submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 82. ..

Category: Others | Date: | Hits: 140

Mazharul Haque Vs. Bulk Management (Bangla­desh) Ltd. and others, 1996, 25 CLC (HCD)

....‑4‑84. The original shareholding of respondent No.2 was 660 shares. 4. Fertexim (P.E) Holdings Limited of 4104 OCB Centre, Singapore‑0104 (hereinafter called "Fertexim") is the joint venture partner and foreign shareholder in the respondent No.1 Company Bulk Management. The present sharehol......the event of a company being wound up, every present and past member shall, subject to the provisions of this section, be liable to contribute to the assets of the company to an amount sufficient for payment of its debts and liabilities and the costs, charges and expenses of the winding up, and for ...... present petition for winding up. The present application is therefore not admitted. It is rejected without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 453. ..

Category: Company Law | Date: | Hits: 185

Mahatab Hossain (Md) Vs. Upazila Nirbahi Officer and others, 2006, 35 CLC (HCD)

....spondent No. 2. Thereafter, memo dated 30-8-2001 (Annexure I) was issued by the respondent No.3 directing the respondent No. 1 to withdraw the suspension order of the petitioner by disposing of the Departmental Proceedings. But no action was taken. The respondent No.l by the Memo No. U-NI/PIR/2003/2......elling circumstance, the petitioner filed a representation before the Secretary to the concerned Ministry for not disposing of the Departmental proceeding for more than 6 years and for not making any payment in respect of subsistence allowance. He filed a reminder before the Secretary to the concern......of the receipt of a copy of this judgment in accordance with law. Communicate a copy of the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 157. ..

Category: Employment/Service Law | Date: | Hits: 180

Dr. Md. Alamgir Vs. Vice Chancellor, BUET and others, 2001, 30 CLC (HCD)

....ering and Technology (BUET) and another to show cause as to why they should not be directed for finalisation of selection and appointment of the petitioner to the post of Assistant Professor in the Department of Civil Engineering, BUET, as recommended by the Selection Board, in pursuance to the adve......l not make any order as regards the ad-hoc appointments of the respondent Nos. 3 and 4. In the result, this Rule is made absolute in part. Ed. This Case is also Reported in: 53 DLR (2001) 398.......l not make any order as regards the ad-hoc appointments of the respondent Nos. 3 and 4. In the result, this Rule is made absolute in part. Ed. This Case is also Reported in: 53 DLR (2001) 398...

Category: Employment/Service Law | Date: | Hits: 160

Agrani Bank, Janna Branch, Manikganj Vs. AFM Emamul Huq, 1998, 27 CLC (HCD)

....ge abruptly converted the money suit into a suit under Artha Rin Adalat Ain and ordered for registering it as such and it was accordingly registered as Artha Rin Adalat Suit No.34/90 although neither party prayed for such conversion. Artha Rin Adalat Ain is meant for realisation of any loan advanced......within 6(six) months from the date of receipt of the lower Court records from this Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 173.......a under Shaturia police station of Manikganj popularly known as Janna Branch. The defendant was the Manager of that Bank during the tenure of his office in 1982-1983 who distributed some agricultural loan to some persons on preparing a list and when the persons who received the loan money failed to ..

Category: Civil Law | Date: | Hits: 202

Manirul Huda Vs. National Board of Revenue, represented by its Chairman, Segunbagicha, Ramna, Dhaka and others, 2010, 39 CLC (HCD)

....lients to file their returns under section 82BB and the clients placing reliance upon the petitioner's advice also filed their returns under section 82BB, which were duly accepted by the Income Tax Department as the final settlement of the tax payment for the assessment year 2009-2010. 3. It has ......2BB and the clients placing reliance upon the petitioner's advice also filed their returns under section 82BB, which were duly accepted by the Income Tax Department as the final settlement of the tax payment for the assessment year 2009-2010. 3. It has been stated that the clients of the petition...... should be discharged outright. In the result, the Rule is discharged, however, without an order as to cost. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 23; 7 LG (HCD) (2010) 325. ..

Category: Fiscal/Taxation Law | Date: | Hits: 227

Abdul Khaleque and others Vs. State, 1996, 25 CLC (HCD)

....he defence did not examine any witness. The defence case, as it appears from the trend of the cross‑examination of the prosecution witness, is that, due to litigation and enmity with the informant party, the accused appellants were implicated in this case falsely out of the previous grudge and en......t at liberty forthwith if not wanted in connection with any other case. Accused appellant Shava Mia is discharged from his bailbond. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 446. ......t at liberty forthwith if not wanted in connection with any other case. Accused appellant Shava Mia is discharged from his bailbond. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 446. ..

Category: Criminal Law | Date: | Hits: 117

Monwar Ali Vs. Dhaka Club Ltd. & others, 1996, 25 CLC (HCD)

....as filed the suit for a declaration that the order of expulsion of the petitioner is illegal. 3. The case of the defendant is that on 22.6.95, the plaintiff‑petitioner got a couple of tickets to participate in Monsoon Ball night of the club, held in the premises of it. But instead of bringing h......28.2.96 is hereby vacated. No order as to­ costs. The office is directed to send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 492. ......28.2.96 is hereby vacated. No order as to­ costs. The office is directed to send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 492. ..

Category: Civil Law | Date: | Hits: 110