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Erria Shipping Pte Ltd. and another Vs. Lever Brothers (Bangladesh) Ltd., 2009, 38 CLC (HCD)
....ort preferred a claim for the short delivered 11.856 metric tons of Bulk Tallow short received vide letter dated 18-5-1979 and claimed a sum of Taka 1,01,063.52 being the value of the short delivered goods The defendant No. 2 acknowledged the claim bill. Thereafter plaintiff wrote another letter dat......re tanks survey then the carrier is not liable for the same. On the other hand defendants examined no witnesses. 5. The trial Court after considering the issues, deposition and other materials on record concluded the trial and decreed the suit for realization of an amount of Taka 1, 01,063.52 wi...... 28-6-89 passed in Money Suit No. 6 of 1980 is hereby set aside and the suit is dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 801. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 69
Zastat Limited Vs. Customs Excise and VAT Appellate Tribunal and others, 2011, 40 CLC (HCD)
....ed. In the result, the Rule is discharged without any order as to cost. The decision of the Appellate Tribunal is hereby confirmed. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 33. ......ed. In the result, the Rule is discharged without any order as to cost. The decision of the Appellate Tribunal is hereby confirmed. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 33. ......ice rendered by the petitioner in the business of hotel and restaurant. On the other hand, petitioner's case is that its industry is a tourism industry and it is not liable to pay 15% VAT against the service rendered and for that VAT may be charged at the rate of 4.5% if any. 3. It has been fur..Category: Fiscal/Taxation Law | Date: | Hits: 40
Joynal Abedin Vs. State, 2011, 40 CLC (HCD)
....not be exercised to quash the Judgment. The Rule fails. In the result, the Rule is discharged. Let the LCR sent down immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 393. ......19(a) and 19(f) read with section 19A of the Arms Act, 1878 and charge was read over and explained to the accused who pleaded not guilty and claimed to be tried as per law. 6. After the closure of recording of evidence, the accused have been examined under section 342 of the Code of Criminal Proc......not be exercised to quash the Judgment. The Rule fails. In the result, the Rule is discharged. Let the LCR sent down immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 393. ..Category: Criminal Law | Date: | Hits: 36
Bangladesh Indenting Agent Association and another Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....to obtain a permit from Bangladesh Bank in this regard. 3. The VAT Act was introduced in 1991 by Act No.22 of 1991. Section 3 of the VAT Act deals with the matters regarding imposition of VAT on goods and services. Be it mentioned that this petition is absolutely related to the 'service rendere......om 2004 to 2009 by the Government itself. With these observations, this Rule is disposed of. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 389. ......of 2010. Judgment Md. Ashfaqul Islam J.- At the instance of the petitioners, this Rule Nisi was issued calling upon the respondents to show cause as to why the classification/inclusion of the services rendered by the members of the petitioner No.1 under the Service Code No.S.014 purportedly ..Category: Fiscal/Taxation Law | Date: | Hits: 51
.... I do not find any error of law or of procedure in the Judgment.
This appeal is accordingly dismissed without any order as to cost.
Ed.
This Case is also Reported in:35 DLR (HCD) (1983) 295.
......hrough Jamiruddin Mir the plaintiff have jointly claimed 4 annas 2 gondas 1 kara 5 krantis share in the properties. The plaintiffs have further alleged that C.S. dag Nos.100 and 101 have been wrongly recorded in the suit khatian No.146 and that these two plots have been acquired by the sons of Jamir...... I do not find any error of law or of procedure in the Judgment.
This appeal is accordingly dismissed without any order as to cost.
Ed.
This Case is also Reported in:35 DLR (HCD) (1983) 295.
..
Category: Procedural Law | Date: | Hits: 25
Md. Arif Hossain and others Vs. Bangladesh, 2009, 38 CLC (HCD)
....es concern preferably within 3 (three) months from the date of receipt of this Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 212. ......(iii) Joynal Abedin Mia and (iv) Serajul Islam by registered deed No.432 dated 28.11.1945. 4. After purchase they went into possession and enjoying the case property and mutated their names in the records of Dhaka Municipal Corporation. The S.A. record the name of the previous owner Janaki Ballav......es concern preferably within 3 (three) months from the date of receipt of this Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 212. ..Category: Procedural Law | Date: | Hits: 24
....oma machine and excavators for extracting stones from the rivers Piain, Dawki and Dhala has been creating serious ecological imbalance and as such the operation of such machines should be stopped for good. He further submits that the decision taken by memo dated 1.2.2009 under the signature of Respo...... system of the concerned area intact and that no other Ministry shall have any say in this regard.
There is no order as to costs.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 185.
...... system of the concerned area intact and that no other Ministry shall have any say in this regard.
There is no order as to costs.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 185.
..
Category: Environmental Law | Date: | Hits: 362
Rezia Begum Vs. Abu Sayed and others, 2006, 35 CLC (HCD)
....or disposal of Other Suit No.69 of 2003 as expeditiously as possible, preferably within 6 (six) months from receipt of this Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 471. ......ed to establish a prima facie case in support of her claim. The plaintiff has also failed to establish her possession in the suit property and since it has been found on the basis of the materials on record that the defendant -opposite parties are in possession of the suit property, the balance of c......or disposal of Other Suit No.69 of 2003 as expeditiously as possible, preferably within 6 (six) months from receipt of this Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 471. ..Category: Procedural Law | Date: | Hits: 26
Dinesh Bhandu Sen Gupta and another Vs. State and another, 2006, 35 CLC (HCD)
....trial. The order of stay granted at the time of issuance of the Rule by this Court stands vacated. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 270. ......e learned Magistrate, 1st Class, Comilla took cognizance under section 448/385/527/506 of the Penal Code and issued process against the accused petitioner and ultimately in due course of law the case record was transferred to the Court of learned Sessions Judge, Comilla for trial. Mr. Ahmed, in the ......trial. The order of stay granted at the time of issuance of the Rule by this Court stands vacated. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 270. ..Category: Criminal Law | Date: | Hits: 18
Md. Maksudur Rahman @ Masud and others Vs. State, 2007, 36 CLC (HCD)
.... law already settled. From a careful reading of the aforesaid decisions reported in 7 BLT (AD) 282 and 15 BLD (AD) 115 we are of the view that the decision reported in 48 DLR (HCD) 102 is no longer a good law as it has already been over-ruled by the Appellate Division to the effect that general obse......judgment. Mr. Abdul Baset Majumder, the learned Advocate for the accused-petitioners has taken us through the FIR, statements of witnesses under Section 161 Cr.P.C charge sheet and other materials on record and submits that no allegations was made against the accused petitioners in the FIR but the a......r of stay stands vacated. Communicate the order to the Court below to proceed with the case expeditiously in accordance with law. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 261. ..Category: Criminal Law | Date: | Hits: 24
Moinuddin & others Vs. State, 2007, 36 CLC (HCD)
....ttal, he is now discharged from his bail bond. Let a copy of the Judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 67. ...... Md. Abul Basher, the learned State Defence Lawyer appearing for the condemned prisoner, has placed before us the FIR, charge sheet, deposition of witnesses, post-mortem report and other materials on record including the impugned Judgment and order of conviction and sentence and then assails the i......ttal, he is now discharged from his bail bond. Let a copy of the Judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 67. ..Category: Criminal Law | Date: | Hits: 24
Narayan Dash Vs. Md. Mostofa and others, 2007, 36 CLC (HCD)
....t is hereby affirmed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 63. ......arged without any order as to costs. The Judgment and decree of the appellate Court is hereby affirmed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 63. ......nstituted the suit against the defendant for declaration that his removal from the post of Headmaster of the Suit School is illegal, inoperative and not binding upon him and that he is still in service as Headmaster of the school. The plaintiff filed the suit stating, inter alia, that he was F..Category: Employment/Service Law | Date: | Hits: 29
Engineer Shaikh Rubaiyet Islam Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....bitrator on 2-1-1995 against the said work order. Upon cancellation of work order, the authority jointly measured the work done and ultimately on the prayer of the company dated 20-8-2000 all their goods kept at the site of the work were handed over to them on 28-8-2000. Finally as per request of ......e result, the writ petition fails on the ground of incompetency. Accordingly the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 447. ......has expired, or such application having been made, after refusing it, proceed to pronounce Judgment according to the award. 19. An application to set aside the award must be made within 30 days of service of notice of filing the award. Section 30 deals with the grounds on which the award can be s..Category: Alternative Dispute Resolution | Date: | Hits: 96
Sabina Rahman Mukti and others Vs. State, 2007, 36 CLC (HCD)
....he accused petitioner No.1 was living together with the informant in the residence of the informant as husband and wife and on that count, if wife ( accused petitioner No.1) took away any articles or goods from the residence of her husband, the same does not constitute any criminal offence. Mrs. Nas......n as attributed in the FIR is false, concocted, malicious and without any legal basis. The learned Advocate in the course of argument has taken us through the FIR, charge sheet and other materials on record and then she submits that the informant instituted the case against his wife, accused petitio...... Case No.52 dated 13.03.2002, now pending in the Court of Magistrate, 1st Class, Sylhet is quashed. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 347. ..Category: Criminal Law | Date: | Hits: 114
Md. Rafiqullah & another Vs. State, 1986, 15 CLC (HCD)
....alled for u/s. 561A Cr.P.C. by this Court. In the result the application is summarily rejected. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 124. ......oth the accds. are said to be absconding. Issue W.A. & P.A. To 29.1.84". On 29.1.84 the Chief Metropolitan Magistrate Mr. M.R. Chowdhury transferred the case to his own file for disposal. The case record was sent in the meantime to the Sessions Judge for disposal of a petition by 3rd party for tr......alled for u/s. 561A Cr.P.C. by this Court. In the result the application is summarily rejected. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 124. ..Category: Criminal Law | Date: | Hits: 144
Sheringir Mollah and others Vs. State, 2006, 35 CLC (HCD)
....tted of the charge levelled against them. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 341. ....... 9. No one appears on behalf of the appellants to support the appeal. In view of the fact that this is an old case we are inclined to take it up for disposal on merit considering the materials on record. 10. Mr. Sheikh Rezaul Karim, the learned Assistant Attorney General appearing on behalf o......tted of the charge levelled against them. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 341. ..Category: Criminal Law | Date: | Hits: 127
Yunus Ali and another Vs. State, 2008, 37 CLC (HCD)
....Tribunal in order to serve out the remaining period of their respective sentence. Send down the LCR with a copy of judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 793. ......stant Police Super, C1D Khulna Zone, Khulna, took up the investigation, visited the place of occurrence, prepared sketch map with separate index of the place of occurrence, examined the witnesses and recorded their statements under section 161 of the Code of Criminal Procedure. 4. He arranged to ......Tribunal in order to serve out the remaining period of their respective sentence. Send down the LCR with a copy of judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 793. ..Category: Criminal Law | Date: | Hits: 134
Akhtaruzzaman Akhtar Shah (Md.) Vs. State, 2011, 40 CLC (HCD)
....ve the Rule is discharged. The order of stay granted earlier stands vacated. Office is directed to send down the record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 442. ......he name of the learned Advocate for the petitioner. 5. The learned Assistant Attorney General appearing for opposite party No.1 opposes the Rule and submits that after considering the materials on record the Court below rightly framed charge against the petitioner, which calls for no interference......ve the Rule is discharged. The order of stay granted earlier stands vacated. Office is directed to send down the record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 442. ..Category: Criminal Law | Date: | Hits: 126
Ashek Ali (Md.) and others Vs. Abdul Gaffar & others, 2010, 39 CLC (HCD)
....in the meantime obtained a registered leased deed in their favour in respect of 2 1/2 kathas of land and possession whereof has not yet been obtained by them fully but in that case too. considering a good member of heirs left behind by the Nazar Ali, we are not supposed to embark upon a task of dete......e in view and the impugned Judgment and decree to the extent of shares of defendant Nos.8-10 do not warrant any interference by this Court. 17. Heard the learned Advocates, perused the material on record including the decisions referred to by both sides wherefrom it transpires that in the instant......ordinate Judge, (Arbitration), Dhaka in Title Suit No.73 of 1997 is hereby set aside. Send down the lower Court's record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 384. ..Category: Civil Law | Date: | Hits: 133
Sunil Kumar Ghosh & others Vs. State & others, 1986, 15 CLC (HCD)
.... this respect the learned Additional District Judge has clearly found that Paresh Nath Ghose predeceased his father Janaki Nath and Debendra Nath Ghose, father of the plaintiffs No.1 and 2 acquired good title over the property by purchase from Charu Bala as per Ext. I. There is no dispute as to ......1, 2 and Arun Kumar and put them in possession thereof. Arun Kumar having died his share devolved on his son, plaintiff No.3. Their further case is that Debendra Nath Ghose purchased the interest recorded in the name of Paresh Nath Ghose. But as a matter of fact, the said property belonged to Pa......ditional District Judge court set aside and those of the learned Subordinate Judge are restored. There shall be no order as to costs. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 377. ..Category: Property Law | Date: | Hits: 64
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