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Azam Ali and another Vs. Akram Ali and others, 2010, 39 CLC (HCD)
....ule upon an application under section 115(1) of the Code of Civil Procedure was issued on 2.1.2005 calling upon the opposite party Nos.1 and 2 to show cause as to why the impugned judgment and decree dated 29.11.2004 passed by the learned Joint District Judge, Second Court, Dhaka in Title Appeal No.......session of the suit land for a period of 6(six) months. Both the orders of stay and status quo was subsequently extended from time to time. 3. From the report of the process server it appears that notice of the Rule was duly served upon the opposite party Nos.1 and 2 on 24.4.2005 but they did not......uce documentary evidence. Without doing so, he participated in the hearing of the argument of the suit. After delivery of the judgment and decree if the suit is sent back on remand to the trial Court for fresh trial giving chance to the defendant to adduce evidence it will give him an indulgence to ..Category: Procedural Law | Date: | Hits: 99
State Vs. Abdul Momin Sardar, 1998, 27 CLC (HCD)
....ce Badrul Islam Chowdhury, calling upon convicted appellant Abdul Momin Sarder to show cause as to why bail granted to him by this Court should not be cancelled. 2. It appears from the office note dated 16‑11‑96 that notice of the Rule was duly served upon accused‑opposite‑party Abdul Mom......y, calling upon convicted appellant Abdul Momin Sarder to show cause as to why bail granted to him by this Court should not be cancelled. 2. It appears from the office note dated 16‑11‑96 that notice of the Rule was duly served upon accused‑opposite‑party Abdul Momin Sarder. In view of th......t: The Rule is made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 426 Though the appellate Court including the High Court Division may enlarge a convict on bail for reasons to be recorded by it such a convict is not entitled to be released on bail if he is sent..Category: Criminal Law | Date: | Hits: 87
Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)
....e State. Criminal Appeal No. 3607 of 2005. Judgment Siddiqur Rahman Miah J. - This Criminal Appeal under section 30 of the Special Powers Act, 1974 is directed against the judgment and order dated 24-7- 2005 passed by the learned Special Tribunal, Lakshmipur in Special Tribunal Case No. 40 ...... 35. The specific case of the prosecution is that the accused Mohiuddin and others after committing dacoity in the houses of Bashir and Shahid, while hey were returning home and when they came to he notice of the police petrol party headed by sheikh Abdul Mannan, Officer in Charge of Lakshmipur Pol......ence, there must be mens rea or unity knowledge............................(32) Whenever some ammunition are also recovered together with some arms, categorized in section 19A, the trial Court or, for that matter, the tribunal must frame charges under section 19A as well as 19(f) of the Arms Act ..Category: Criminal Law | Date: | Hits: 92
....al with Md. Rezaul Islam, Assistant Attorney General — For the Respondents.
Writ Petition No. 8079 of 2005.
Judgment
Md. Abdur Rashid J. - The above Rule Nisi was obtained against a notice dated 23-10-05 (Annexure- C) issued under section 55 read with section 37 of the VAT Act, 1991 by on...... for each and every action. The Act does not empower any of the authorities created to become zealot to overpower and/or overawe any tax payer. Invoking and/or resorting to section 37 while issuing a notice under section 55(1) of the VAT Act therefore could not be said to have been issued bona fide ......authority authorized to apply. The VAT Act is a comprehensive tax law. It has defined the tax to be paid as VAT on the specified sales and/or services. Similarly, it has laid down elaborate procedure for realization of the tax and punishment for any violation or omission. The concerned authority is,..
Category: Fiscal/Taxation Law | Date: | Hits: 131
....s, at least during the relevant period the authority ought to have gone for competitive bids, more so when no specific amount of the expected money was mentioned in the letter of the respondent No. 8 dated 29‑12‑1997, which Bangladesh would get from the earning by the proposed project. This indi...... company as well as those of the two shareholders, prior to preparing notes in the file and the summary dated 2‑2‑1998 for the approval of the Hon'ble Prime Minister. It has been alleged that the notices in the government file and the summary prepared for the Hon'ble Prime Minster were not based......ublic interest and if any action of the government official is challenged, the challenger is required to prove such allegations………………………….(18)
The State property may be in the form of legal right and in the nature of privilege. The government largesse known as privileges is n..
Category: Others | Date: | Hits: 113
BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)
..... Zakaria Sarker, Assistant Attorney-General - For the respondents. Writ Petition No.6768 of 2001. Judgment Mohammad Abdur Rashid J.- The above Rule Nisi was obtained against an order dated 30.09.2001 passed by or on behalf of respondent No.1, the National Board of Revenue, in short,......see of Companies Circle-15, Taxes Zone-5, Dhaka having TIN: 250-400-001. 3. The Petitioner submitted its income tax return for the assessment year 1998-99 claiming total income at all. Pursuant to notice under section 79 and 82(1) of the Ordinance, an authorized representative appeared on behalf ......ct. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ..Category: Fiscal/Taxation Law | Date: | Hits: 171
Md. Abul Basher Vs. The Judge, First Artha Rin Adalat, Chittagong and others, 2008, 37 CLC (HCD)
....Sheikh Abdul Awal J.- This Rule was issued on an application under Article 102 of the Constitution of the People's Republic of Bangladesh calling upon to show cause as to why the impugned Order No.65 dated 02.07.2005 passed by the respondent No.1, Artha Rin Adalat, 1st Court, Chittagong in Artha Rin......to dispose of the Artha Rin Execution Case No.208 of 2004 expeditiously. Communicate the judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 208. ...... i.e. the Artha Rin Adalat Ain, 2003 about the fate of the execution case if it does not conclude within 90+60=150 days, the provision of section 37(1) of the Ain, 2003 so far it relates to timeframe for disposal of the execution case is directory and not at all mandatory.……………………..(..Category: Civil Law | Date: | Hits: 136
Mrs. Rokeya Begum Vs. Chartered Credit CoÂoperative Ltd., 2009, 38 CLC (HCD)
....as per article 17 of General Clauses Act……………………….(20) The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A Quashment of proceedings Non disclosure of the date of receipt of notice under section 138 (1) (b) of the Negotiable Instruments Act is a question ......……….Petitioner Vs. Chartered Credit CoÂoperative Ltd…………………………………Opposite Parties Judgment June 2, 2009. Result: The Rule is discharged. If any notice is issued through registered post with AD, it can be legally presumed that the notice has bee......uashed. 29. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 274. ..Category: Criminal Law | Date: | Hits: 70
.... by Mr. Rokanuddin Mahmud, a learned Advocate of this Court.
2. Licence/permission for construction of use of jetty as a semi pucca structure on the river Shitalakkhya was given by BIWTA by a memo dated 22.9.1998 to M/S. Scancem Bangladesh Ltd. subject to payment of necessary fees. After that, th......s factory. He further submits that in its judgment, this Court directed removal of unauthorized structures but not any authorized structure built under the licencee of BIWTA. He also submits this the notice, Annexure-X to the application, is defective. He then submits that the applicant being a lice......ad the Appellate Division Judgment here.
Supreme Court
High Court Division
(Special Original Jurisdiction)
Present:
Syed Mahmud Hossain J
ATM Fazle Kabir J
Human Rights and Peace for Bangladesh and others…………………….Petitioners
Vs.
Government of Bangladesh and..
Category: Environmental Law | Date: | Hits: 731
State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)
....Additional Sessions Judge, Cox's Bazar for confirmation of sentence of death awardÂed by him upon the accused Nos.1 to 8 convicting them under section 396 of the Penal Code by the Judgment and Order dated 19-3-2006 passed in Session Case No.12 of 2001, Criminal Appeal Nos. 2785 of 2011, 2783 of 201......ru, Lalu and Shafique be called for. Let a copy of this Judgment and Order be comÂmunicated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ...... 2006, Criminal Appeal No.2245 of 2006 and Jail Appeal No.329 of 2006 and Criminal Appeal No.4972 of 2006 and Jail Appeal No.209 of 2006 are allowed. Taking away of any booty from the victim or informant is not any precondition of dacoity rather an attempt in committing dacoity is also dacoityâ€..Category: Criminal Law | Date: | Hits: 158
Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)
....ppellant. Appeal From Original Decree No.182 of 1999 preferred by plaintiffs and Appeal From Original Decree No.183 of 1999 preferred by other defendants are directed against same judgment and decree dated 12-10-1998 passed by the learned Subordinate Judge, Artha Rin Adalat, Noakhali decreeing Title......No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ......e by adverse possession as title by adverse possesÂsion is to be claimed by a person whose title is to be perfected other than by virtue of a title deed or a contract to purchase. . . The limitation for getting title by adverse possession against Government is 60 years uninterrupted possession….â..Category: Property Law | Date: | Hits: 83
Mohammad Ali Vs. Sukur Ali & others, 1985, 14 CLC (HCD)
.... 1984. Judgment ATM Afzal J.- This Rule, at the insÂtance of the informant-petitioner, was issued upon the Deputy Commissioner, Narsingdi and other Opposite-parties to show cause why the Order dated 24.9.84 passed by the Additional Sessions Judge, Second Court, Dhaka in Sessions case No.132 o......date three P.Ws. were present but an application was filed on behalf of the defence for stopping of the proceeding and releasing the accused under section 339C(4)Cr.P.C. The Additional Sessions Judge noticed the aforesaid facts in his order dated 12.9.84 and observed that the trial could not be comp......(HCD) (1986) 1. ..Category: Procedural Law | Date: | Hits: 102
Daud Ali (Md.) and others Vs. State, 2003, 32 CLC (HCD)
....a Ara Dora, Assistant Attorneys-General-For the State. Criminal Appeal No.966 of 1993. Judgment Md. Abdul Quddus J.-This appeal is directed against judgment, order of conviction and sentence dated 29‑4‑1993 by learned Sessions Judge Jhinaidha in Sessions Case No.42 of 1992 arising out o......sal of the evidence of P.Ws.3,4,5 as above it appears that they heard from Golam Mostafa (P.W.1), Amir and injured Jamir that Daud and Rabi assaulted and caused injuries to him (Jamir) but we already noticed above that informant Golam Mostafa as P.W.1 did not state any such thing about occurrence in......dha in Sessions Case No.42 of 1992 arising out of Shailakupa PS Case 12 dated 15‑4‑1992 and GR 41 of 1992. 2. Prosecution case at the trial, in brief, was that deceased Jamiruddin brother of informant Golam Mostafa, went to bed in newly constructed ghar in their house in the occurrence night ..Category: Criminal Law | Date: | Hits: 93
....ointed as PSI Agency for Block C and the petitioner No.1 in Writ Petition No.4380/2000 was appointed as such for Block B countries. The petitioners, according to the contract entered into on the said dates, undertook to carry out the works as PSI agencies for a period of three years. The petitioners......ument, and the terms of the contract, particularly the taxation clause and also the letter dated 21‑11‑1999 the PSI agency's services would be subject to payment of VAT.
9. It is worthwhile to notice that in the taxation clause mention has been made to the effect that income and profits of th......titioner No.2 is the local representative of the petitioner No.1 in all the Writ Petitions. The Government of Bangladesh invited tenders from internationally reputed Pre-shipment Inspection Companies for the purpose of mandatory Pre-shipment Inspection at the initial stage. Pursuant to the said tend..
Category: Fiscal/Taxation Law | Date: | Hits: 119
.... Government of The People's Republic of Bangladesh represented by Secretary, Ministry of Works and Urban Development and others as defendants for declaration that the notice contained in Memo No.1107 dated 30.10.1984 issued by Sub-Divisional Engineer, P.W.D. Tejgaon Industrial Area, Tejgaon, Dhaka, ......the then Munsif, Dhaka impleading Government of The People's Republic of Bangladesh represented by Secretary, Ministry of Works and Urban Development and others as defendants for declaration that the notice contained in Memo No.1107 dated 30.10.1984 issued by Sub-Divisional Engineer, P.W.D. Tejgaon ......f 1984 in First Court of the then Munsif, Dhaka impleading Government of The People's Republic of Bangladesh represented by Secretary, Ministry of Works and Urban Development and others as defendants for declaration that the notice contained in Memo No.1107 dated 30.10.1984 issued by Sub-Divisional ..
Category: Property Law | Date: | Hits: 82
Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)
.... For the respondent. Criminal Appeal No.3038 of 2006. Judgment Khondker Musa Khaled J.- This Criminal Appeal under section 30 of the Special Powers Act, 1974, is directed against the order dated 29.6.2006 passed by the learned Judge of the Metropolitan Special Tribunal No.7, Dhaka in Metr......ccused appellant misuses the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 152. ......…Respondent Judgment September 26, 2007. Result: The appeal is allowed. Responsibility of a Judge when Police failed to bring prosecution witness The learned Judge should inform the higher authority of the Police Department about their failure to bring the prosecution witn..Category: Criminal Law | Date: | Hits: 92
Ruhul Amin Vs. State and another, 2007, 36 CLC (HCD)
....t Md. Emdadul Huq J.- This revisional application under section 439 of the Code of Criminal Procedure, 1898 (shortly the Code of 1898) is about the legality and propriety of the judgment and order dated 31.10.2004 passed by the learned Sessions Judge, Lakshmipur in Criminal Appeal No.14 of 2004 a......akhsmipur in Criminal Miscellaneous Case No.41 of 2004. In the result, the Rule is discharged. The stay order stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 141. ......ed Sessions Judge, Lakshmipur in Criminal Appeal No.14 of 2004 affirming the order dated 18.3.2004 by which the learned Joint District Judge, 1st Court, Lakshmipur in Miscellaneous Case No.41 of 1986 forwarded under section 476 of the Code of 1898 a copy of that order to the Court of Magistrate to t..Category: Property Law | Date: | Hits: 122
Zafar Ahmed Vs. Mir Iftekharuddin & another, 2009, 38 CLC (HCD)
....aled J. - On an application under section 439 read with section 138 of the Code of Criminal Procedure, the Rule was issued calling upon the opposite parties to show cause as to why the impugned order dated 11-4-2007 passed by the learned Additional Metropolitan Sessions Judge, First Court, Chittagon......the Krishi Bank, Agrabad branch, Chittagong for encashment, but these were bounced on 30-7-2006 and 17-8-2006 for insufficiency of the fund in the account of the accused petitioner. Thereafter, legal notice was issued on 24-8-2006 which was received by the accused-petitioner on 27-8-2006. Since dema......e or any other order passed as this Court may deem fit and proper. 2. Pending hearing of the Rule, further proceeding of the above mentioned Sessions Case was also stayed. 3. The relevant facts for necessary purpose of disposal of the Rule are that the opposite party No. 1, Mir Iftekharuddin, ..Category: Procedural Law | Date: | Hits: 128
....plication under Article 102(2)(a)(ii) of the Constitution this Rule at the instance of the petitioners was issued calling upon the respondents to show cause as to why the impugned order of retirement dated 18-3-2007 giving retrospective effect from 12-3-2007 as evidenced in Annexure-F to the petitio...... of the Public Servants (Retirement) Act, 1974 with retrospective effect from 12-3-2007 by order of the President. Right after that on 19-3-2007 by order of the President petitioner was served with a notice as evidenced in Annexure-G to answer some vague and indefinite allegations brought against hi......cial Original Jurisdiction)
Present:
Md. Imman Ali J
Md. Ashfaqul Islam J
Mahbubul Alam (Md.)………………Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Information and others…………..Respondents
Judgment
January 21, 2009.
Result:
The Rul..
Category: Administrative Law | Date: | Hits: 494
Ali Azam Saial and others Vs. Joynal Abedin Saial and others, 2009, 38 CLC (HCD)
....diction of a Sub-Registrar, the Sub-Registrar has no jurisdiction to register the document and registration if executed will be fraud. In a case of fraud, the question of limitation will run from the date of knowledge and not from the date of execution of the disputed document………………..(8)......rlier by this Court stands vacated. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 299. ......o. 10 of 1999 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 petitioners as plaintiffs filed Title Suit No. 10 of 1999 for declaration of title in respect of 8 decimals of land upon declaration of the kabala dated 18-4-..Category: Administrative Law | Date: | Hits: 452
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