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....d Excise (Appeal) Dhaka and finally by the Additional Secretary, Ministry of Finance (Internal Resource Division) Government of Bangladesh and National Board of Revenue, Dhaka.
2. The short facts, relevant for the purpose of disposal of the Rule, are that the petitioner is the proprietor of a Cin......ture and thus was fully aware of the number of seats and, number of shows in each day of the Cinema Hall. That as evident from Annexure‑C‑3 to the writ petition, he further submitted that certain papers and documents were asked from the petitioner by the Customs authority though those could not ......ginal Jurisdiction)
Present:
Md. Ruhul Amin J
Zakir Ahmed J
Anwar Hossain (Md.)…………………….Petitioner
Vs.
Secretary, Ministry of Finance, (Internal Resources Division) and others………….…….Respondents
Judgment
March 20, 1994.
Result:
The Rule is d......us was fully aware of the number of seats and, number of shows in each day of the Cinema Hall. That as evident from Annexure‑C‑3 to the writ petition, he further submitted that certain papers and documents were asked from the petitioner by the Customs authority though those could not be produced..
Category: Fiscal/Taxation Law | Date: | Hits: 278
Zafar Ali (Md.) Vs. Md. Momtaz Hasan & others, 1997, 26 CLC (HCD)
....ame principle has been accepted that the deed of agreement is not compulsorily registerable as required under section 17 of the Registration Act. Another decision which is in 16 BLD (AD) 299, is also relevant on the points involved in this case. I myself also have decided a case on the same point of......hose of the trial Court are restored. The suit is decreed. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 319. ......Vs. Md. Momtaz Hasan & others……………………………Opposite Party Judgment February 19, 1997. Result: The Rule is made absolute. Cases Referred to- Abdul Kader and another Vs. Abdul Aziz, 19 DLR 404; Nuruddin Ahmed Chowdhury Vs. Gunnu Meah represented by the A......hose of the trial Court are restored. The suit is decreed. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 319. ..Category: Property Law | Date: | Hits: 117
Abdur Razzaque Vs. State and another, 1982, 11 CLC (HCD)
....dditional Sessions Judge has acted contrary to his own order which was passed on 19.4,82 upon the petition dated 16.4.82 filed on behalf of the petitioner. We have already quoted hereinbefore the relevant portion of the said order. As a matter of fact the prosecution in its application dated 6......cused on 5.11.81. The Additional Sessions Judge again took up the matter for hearing under section 265-D insofar as the petitioner was concerned and on being satisfied from the police diary and other papers that there were sufficient materials to proceed against him framed a charge under section 3......h Court Division (Comilla Bench) (Criminal Revisional Jurisdiction) Present: ATM Afzal J Mohammad Abdur Rouf J Abdur Razzaque……………………… Petitioner Vs. State and another………………………… Opposite party Judgment November 9, 1982. Result:......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
Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)
....ffect and why a declaration should not be made to the effect that the petitioner was and continue to be in service with all attended benefits of pay and others service benefits. 2. The short facts relevant for the purpose of the case are that the petitioner obtained the degree of M.SC from Rajsha...... Respondent Nos.1 & 2 to oppose the Rule. 8. Mr. Abdur Rab Choudhury, the learned Senior Advocate appearing on behalf of the petitioner took us through the impugned order and annexed documents/papers available on record and submits that impugned order of suspension (Annexure-'A') dated 10.06.......sent: Md. Abdul Matin J ATM Fazle Kabir J Md. Zulfikar Mahmud………………………Petitioner Vs. The National University, Gazipur represented by the Vice-Chancellor, Gazipur-1706 and others…………………………Respondents Judgment April 18, 2006. Result: The......alf of the Respondent Nos.1 & 2 to oppose the Rule. 8. Mr. Abdur Rab Choudhury, the learned Senior Advocate appearing on behalf of the petitioner took us through the impugned order and annexed documents/papers available on record and submits that impugned order of suspension (Annexure-'A') da..Category: Employment/Service Law | Date: | Hits: 165
State Vs. Raisuddin and others, 1996, 25 CLC (HCD)
....s of indications of conspiracy between the divergent members of the accused to carry out a joint design. It is held in the case of Muhammad Ilyas and 5 others Vs. State, reported in PLD 190 (SC) 443, relevant page 447. "In such cases, the safe dispensation of justice is not ensured by merely exam...... liberty forthwith if not wanted in connection with any other case. The jail appeal being Jail Appeal No.1025/992 is also allowed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 517. ......7. ...... liberty forthwith if not wanted in connection with any other case. The jail appeal being Jail Appeal No.1025/992 is also allowed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 517. ..Category: Criminal Law | Date: | Hits: 104
Bangladesh Vs. Hosne Ara Begum and others, 1994, 23 CLC (HCD)
.... 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. ......rty and the agreement in question was concocted and fraudulent. 4. In this case the plaintiff examined four witnesses, while the defendants examined two. Both the parties produced their respective papers and documents in Court. On the above pleadings the trial Court framed four issues. After hear...... (Civil Revisional Jurisdiction) Present: Mozammel Haque J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh, represented by the Secretary Ministry of Public Works and Urban Development........................Petitioner Vs. Hosne Ara Begum and others.............. agreement in question was concocted and fraudulent. 4. In this case the plaintiff examined four witnesses, while the defendants examined two. Both the parties produced their respective papers and documents in Court. On the above pleadings the trial Court framed four issues. After hearing the par..Category: Property Law | Date: | Hits: 157
Dilruba Aktar Vs. AHM Mohsin, 2003, 32 CLC (HCD)
....ama. In cross-examination he declared that there had been no guardian for and on behalf of complainant-appellant. 30. Accused-respondent witness No.3 Md. A Salam Rashidi was Nikah Registrar at the relevant time. He proved certified copy of Talaqnama in cross-examination he stated that he did not ......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....... San Win, ILR 10 Rang 312=AIR 1932 Rang 146=33 Cri LJ 701. Queen-Empress Vs. Prag Dat, (1898) ILR 20 All 459; Queen-Empress Vs. Bibhuti Bhusan, (1890) ILR 17 Cal 485; Deputy Legal Remembrancer. Bihar and Orissa Vs. Matukdhari Singh, 20 Cal WN 128=AIR 1917 Cal 687=17 Cri LJ 9; In re Sinnu Goundan, IL......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
....quate opportunity to defend his case and also to appear before them for personal hearing but the respondent, in total disregard of the same, stayed away; then the Inquiry Committee upon examining the relevant papers from found the respondent guilty of the charges levelled against him and submitted t......se; then on 2.6.1996, i.e. that very day, the respondent filed an application before the petitioner No.3 praying for supplying him the attested copies of the inquiry report along with other essential papers but he was then given only the copy of the inquiry report and was directed to give reply to t...... Court Division Judgement here.
Supreme Court
Appellate Division
(Civil)
Present:
Mohammad Fazlul Karim J
Md. Tafazzul Islam J
Md. Joynul Abedin J
Board of Intermediate and Secondary Education, Comilla and others.......Petitioners
Vs.
Md. Shafiqul Islam………......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)
.... no order as to costs. Let a copy of this Judgment and order be sent to the Chief Election Commissioner for his taking necessary steps. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 245.......n till 8‑12‑91 which was the day fixed for scrutiny of the nomination paper. 13. The election process at least started on the day fixed by the Election Commission for the submission nomination papers by the intending candidates to the Returning Officer. Accordingly both the Courts below right......DLR (HCD) (1996) 245....... no order as to costs. Let a copy of this Judgment and order be sent to the Chief Election Commissioner for his taking necessary steps. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 245...Category: Election Law | Date: | Hits: 301
Sarada Bala Sen Vs. Sheikh (Md.) & others,1995, 24 CLC (HCD)
....t No.52 of 1987/Other Suit No.2 of 1992 restraining the defendant appellant from proceeding with the Execution Case No.10 of 1992 pending in the 1st, Court of Assistant Judge, Chittagong. Short facts relevant from the disposal of the aforesaid appeal are, that the defendant‑appellant instituted a ......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.......Sen............Appellant Vs. Sheikh (Md.) & others............Respondent Judgment April 20, 1995. Result: The appeal is dismissed. Cases Referred to- Firm Ishardes Devi Chand and another Vs. RB Prokash Chand and another, AIR 1969 (SC) 938; Abdul Hamid Khan and others Vs.......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
Aminur Rashid Vs. Collector of Customs, Customs House, Chittagong and others, 1996, 25 CLC (HCD)
....e same was increased to 30% by SRO dated 10‑6‑93 and ultimately it was raised to 45% ad valorem by SRO dated 6‑7‑93. 6. Learned Advocate for the respondent Nos.4‑5 contended that at the relevant time statutory rate of customs duty for the said goods was 100% ad valorem and aforesaid HS......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. ...... (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Amirul Kabir Chowdhury J Aminur Rashid.................Petitioner Vs. Collector of Customs, Customs House, Chittagong and others.............Respondents Judgment June 20, 1996. Result: The Rule is discha......1901.10.10 and accordingly, petitioner opened an LC for importing 4160 cartons of the said goods on 19‑4‑1993. The said cargo arrived at Chittagong port on 15-6‑93 and after obtaining necessity documents from the Bank petitioner approached Customs Authority, Chittagong and submitted bill of en..Category: Fiscal/Taxation Law | Date: | Hits: 204
Janata Bank Vs. Saiful Islam, 2006, 35 CLC (HCD)
....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. ......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. ......ner Vs. Saiful Islam……………………………Respondent-Opposite Party Judgment March 12, 2006. Result: The application for amendment is allowed. Case Referred to- Kishandas Vs. Vithoba, (1909) 33 Bom 644. Lawyers Involved: J. K. Paul - For the Appellant. Md.......im to repay the loan according to the conditions given by interest condonation committee. It is further stated that defendant respondent took loan of Taka 25,00,000/- after executing different charge documents including promissory notes and letter of continuity on 18.07.1997; that the defendant resp..Category: Civil Law | Date: | Hits: 117
Bangladesh Bank Vs. Md. Kasedul Haque Majumder, 2003, 32 CLC (HCD)
....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. ......with a mala fide mind. It was his submission that there was nothing to hinder this Divisions Competence from arriving at its own findings on the question of the completion of work by scrutinising the papers produced. He insisted that those documents clearly proved that the work had in fact been brou...... (HC) 249; Anjuman I Ahmadiya Ashait-1 Islam Lahore Vs. Ghulam ahmed, DLR (Lah) 98; Intertrade Ltd. Vs. Trading Corporation of Pakistan Ltd., PLD 1976 Kar 496; Chief Engineer Pak PWD Karachi Vs. Sami and Co. and others, 22 DLR (DHAKA) 702; Scott Vs. Avery (1855) 5 HLC 811; Md. Akbar Vs. Md. Aslam, 2......sion that there was nothing to hinder this Divisions Competence from arriving at its own findings on the question of the completion of work by scrutinising the papers produced. He insisted that those documents clearly proved that the work had in fact been brought to total completion. Mr. Islam furth..Category: Alternative Dispute Resolution | Date: | Hits: 218
Md. Warish Uddin Chowdhury Vs. Bangladesh and others, 2008, 37 CLC (AD)
....xpiry of the license, the respondent No.4 vide a letter informed the petitioner of the saw Mills Licensing Rule, 1998 and asked him to apply for the renewal by collecting the Form A and supplying all relevant information, provided his saw Mills is at least 10 kilometers away from the reserved forest......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....... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Md. Warish Uddin Chowdhury................Writ-Petitioner Vs. Bangladesh and others………………..............Respondents Judgment May 25, 2008. Result: Th......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)
....he note sheet was signed by the other concerned officers of the Corporation, namely, Manager (Administration), the Director (Commerce + Administration + Finance) and the Chairman on the same day. The relevant portion of the note sheet reads as follows: বাংলাদেশ পর্যটন ......After the new Chairman joined the Corporation on 20.03.2005, he was surrounded by some nefarious persons/staffs who had been whispering in his ears and also anonymous letters were distributed and newspapers, weeklies of the country started printing some stories against the Chairman for which the Cha......Bhuiyan, 43 DLR (AD) 154; Workers of Bata Shoe Co. represented by Bata Mazdoor League (Regd), Lah Vs. Bata Shoe Co. Ltd. Batapur Lahore 23 DLR (SC), 60; Md. Motiar Rahman Vs. Government of Bangladesh and others being Writ Petition No.4540 of 2000; Secretary, Bangladesh Jute Mills Corporation Vs. SAH...... 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
Delwar Hossain and others Vs. Janata Bank and others, 2003, 32 CLC (HCD)
....he requisite stamp-paper within a time to be fixed by the court, fails to do so; (d) where the suit appears from the statement in the plaint to be barred by any law. 8. Clause (d) of rule 11 is relevant for our purpose. Rule 11(d) contemplates that a plaint merits rejection when it stands barr......l Court, we award cost of Taka 5,000 (five thousand) only upon them. Cost shall be paid to the decree holder respondent Janata Bank. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 585. ...... This Case is also Reported in: 55 DLR (HCD) (2003) 585. ......l Court, we award cost of Taka 5,000 (five thousand) only upon them. Cost shall be paid to the decree holder respondent Janata Bank. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 585. ..Category: Procedural Law | Date: | Hits: 84
Janata Bank Ltd. Vs. Gulneara Begum and others, 2009, 38 CLC (AD)
....te. 2. The writ petitioner filed challenging the order No.4 dated 02.10.2003 and the order dated 06.06.2007 passed in Execution Case No.58 of 2004 by the Artha Rin Adalat, Comilla. 3. The facts relevant for the purpose of this application are that the petitioner bank filed Money Suit No.8 of 1......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. ...... (Civil) Present: Mohammad Fazlul Karim J Md. Jaynul Abedin J Shah Abu Nayeem Mominur Rahman J Janata Bank Ltd……………………………...Petitioner Vs. Gulneara Begum and others………………...Respondents Judgment April 20, 2009. Lawyers Involved: Sh......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. ..Category: Limitation Law | Date: | Hits: 140
Sharon Laily Begum Jalil Vs. Abdul Jalil and others, 1995, 24 CLC (HCD)
....t the disputed question of facts and rival contentions narrated in the petitions, affidavit‑in‑opposition, supplementary‑affidavit‑in-opposition and the affidavit‑in‑reply which are not relevant for the purpose of disposal of these writ petitions. We are to consider in these petitions ......lean Akhter Jalil and Mohammad Shah Alam Jalil fortnightly and offer gifts, if any, at a time and place convenient to both the parties. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 460.......ourt High Court Division (Special Original Jurisdiction) Present: A M Mahmudur Rahman J Mahfuzur Rahman J Sharon Laily Begum Jalil...................Petitioner Vs. Abdul Jalil and others................Respondents Judgment August 30, 1995. Result: The Writ Petitio......ns made in the affidavit‑in-opposition. Annexure‑F annexed to this reply shows that the respondent No.1 has already transferred some of the property of the petitioner in England by creating false documents in her absence. 6. Dr. Kamal Hossain, the learned Counsel for the petitioner, submits t..Category: Family Law | Date: | Hits: 166
Nitai Ch. Shaha and another Vs. M/s. City Ice and Cold Storage Ltd. and others, 1982, 11 CLC (HCD)
.... by which the plaintiff opposite party's petitions under Order 6 rule 13 of the Code of Civil Procedure for amendment of the plaints by adding some new facts and new parties were allowed. 2. Facts relevant for the purpose of disposal of these Rules may be briefly stated as follows: The plaintif......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....... High Court Division (Civil Revisional Jurisdiction) Present: Ranadhir Sen J Amin-ur-Rahman Khan J Nitai Ch. Shaha ……………Petitioners (In Civil Revision No. 4 of 1981) Umananda Shaha ……………Petitioners (In Civil Revision No. 233 of 1981) Vs. M/s. City Ice an......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
Md. Anowarul Islam Vs. State, 2009, 38 CLC (AD)
.... and others under sections 465/466/471/475/181/488 or any other suitable penal provisions, annexing photo copies of the forged documents along with the actual true copies of those documents and other relevant papers and also to furnish the names of the witnesses, who will give evidence in the compla......rs under sections 465/466/471/475/181/488 or any other suitable penal provisions, annexing photo copies of the forged documents along with the actual true copies of those documents and other relevant papers and also to furnish the names of the witnesses, who will give evidence in the complaint case ....... None represented-For Respondent. Criminal Petition for Leave to Appeal No.106 of 2008. Judgment Md. Tafazzul Islam J.- This petition for leave to appeal is directed against the judgment and order dated 15.1.2008 of the High Court Division passed in Criminal Rule 187(R) of 2007 giving d......to the concerned Metropolitan Judicial Magistrate against the petitioners and others under sections 465/466/471/475/181/488 or any other suitable penal provisions, annexing photo copies of the forged documents along with the actual true copies of those documents and other relevant papers and also to..Category: Criminal Law | Date: | Hits: 146
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