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Naogaon Rice Mills Ltd. Vs. Pubali Batik Ltd., 2002, 31 CLC (HCD)
....he learned Artha Rin Adalat and the learned Cognizance Court and Magistrate, 1st Class, Naogaon for their information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 543. ......ation to a proceeding before the Civil Court. The learned Advocate for the petitioner submits that in the instant case, the Artha Rin Adalat clearly erred in law in passing the impugned order without holding the mandatory preliminary enquiry and the same has occasioned failure of justice and, conseq..Category: Criminal Law | Date: | Hits: 82
AKM Shahidul Hoque Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
....ubordinate Judge decreed the suit in part for Taka 2,43,505 only with interest at Bank rate till realisation. 10. Mr. Md Abdus Samad, the learned Advocate for the appellant, submits that it is not disputed that the plaintiff did extra work beyond the tender for which the plaintiff was entitled to......iffs dues stood at Taka 2,43,505 as was correctly found by the learned Subordinate Judge. Plaintiffs further claim is for Taka 3,88,887.81 for extra works and compensation of Taka 2,90,380 for withholding the final bill. 16. Plaintiff as PW1 testified that on 27‑8‑91 he prayed for final bi..Category: Civil Law | Date: | Hits: 99
....orted in 32 DLR 252, it has been held as follows:
"In the foregoing facts and circumstances of the case the petitioner's valid purchase of the property from the said Sushil Kumar Gangali remains undisputed uptil now. This is quite evident from the order passed on 15.3.77 by Mr. M. A. Samad, Joint......ng defendant No.1 examined one witness namely DW-1.
5. The trial Court after closing of the evidence and hearing argument of the parties by his judgment and decree dated 8.11.2001 decreed the suit holding that the plaintiffs have been succeeded to prove their right and title in the suit land on t..
Category: Property Law | Date: | Hits: 64
Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)
....d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ......ge. It is held in the case of State of Maharashtra Vs. Ishwar Piraji Kalpatri 1995 (4) Crimes 769 (771) (SC) that when FIR discloses a strong prima facie case against the petitioner for which without holding trial his innocence cannot be proved by an application under section 561A of the Code. The C..Category: Criminal Law | Date: | Hits: 76
Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)
....hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ......ispensation of justice other than the judiciary system and under Part-VI Article 94 to Article 117 of the Constitution empowers the Supreme Court and the Subordinate Court under the Supreme Court for holding trial in accordance with law of the offences made by the offenders. But upon close interpret..Category: Constitutional Law | Date: | Hits: 264
Babul Vs. State, 2002, 31 CLC (HCD)
....onstitute offence there must be mens rea or guilty knowledge. Existence of mens rea or guilty knowledge is the sine quan non for offence for possessing weapon of crime. 35. It can, thus, hardly be disputed that in order to award and sustain conviction for offence under sections 19(f) and 19(a) of......and he is acquitted of the same and set at liberty at once if not wanted in any other case. Lower Court's Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 158. ..Category: Criminal Law | Date: | Hits: 84
.... Commissioner and another, [1985] XVIII SCMR 464, said Supreme Court reversed the finding of the High Court that subsequent writ petition was barred by res judicata on the view that-
"It cannot be disputed, therefore, that the essential ingredient of res judicata that the matter on which the plea......s would not exonerate the plaintiffs from giving account of the wanting, scraps as they were in actual physical possession of the plaintiffs.
43. The trial Court therefore fell in serious error in holding the bank liable for the missing scraps. In the absence of any evidence whatsoever that the p..
Category: Civil Law | Date: | Hits: 92
Abdullah (Md) and others Vs. Majibul Huq and others, 2003, 32 CLC (HCD)
....cation once rejected, the trial Court rightly rejected the subsequent application as the earlier order was not challenged in any higher forum. Further contention of the opposite parties are that, the disputed solenama and decree being more than 30 years cannot be put under challenge at this belated ......us an application was filed accordingly. 6. The learned Assistant Judge, upon hearing the parties and perusing the said application, was pleased to reject the same by his order dated 29‑4Â-2001 holding that the plaintiffs will be able to prove their case upon obtaining and filing the certified..Category: Civil Law | Date: | Hits: 75
....titioner is liable to pay VAT on the impugned telephone bill.
In view of the above, the Rule is discharged without any order as to cost. Stay order granted earlier in respect of realisation of the disputed portion of VAT is hereby vacated.
Ed.
This Case is also Reported in: 50 DLR (HCD) (19...... without any order as to cost. Stay order granted earlier in respect of realisation of the disputed portion of VAT is hereby vacated.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 115.
..
Category: Fiscal/Taxation Law | Date: | Hits: 138
Debesh Chandra Bhattacharya and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
...., the Additional Deputy Commissioner (Revenue), Mymensingh, on behalf of Deputy Commissioner by a Memo dated 8‑7‑2001 directed respondent No. 4 to cancel the lease, if any, in connection with the disputed properties and to take necessary steps as per the judgment of the Appellate Division. 6.......h the observation that this judgment will have no bearing on the fate of the Partition Suit/Appeal . There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 525. ..Category: Property Law | Date: | Hits: 67
Animal Protection Society Chittagong Vs. Laxman Chadra Das & others, 2003, 32 CLC (HCD)
....had no cause of action and also no chance to succeed in the suit, learned Subordinate Judge committed no error in rejecting the plaint of such suit. We have perused the record. 7. Facts are not disputed. The plaintiff instituted the suit for a decree of following declarations that, (ক) à¦......he deposit account of the Public Account of the Republic as provided under section 10(2) of the Ordinance. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 522. ..Category: Property Law | Date: | Hits: 61
IFIC Bank Ltd. and others Vs. Beximco Holdings Ltd. and others, 2004, 33 CLC (HCD)
....ion for temporary injunction is also dismissed. Connected Civil Rule No. 654 (FM) of 2004 is accordingly disposed of. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 154.......ion for temporary injunction is also dismissed. Connected Civil Rule No. 654 (FM) of 2004 is accordingly disposed of. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 154...Category: Civil Law | Date: | Hits: 71
Abdur Rashid Chowdhury Vs. CA Hamid and Co. Ltd. and others, 2005, 34 CLC (HCD)
....the petitioner does not come within the clause, 'without sufficient cause'. He relied upon the Company Law Digest and the Company Law by Shaukat Mahmood and Nadeem Shaukat. 17. Facts which are not disputed are that, the company CA Hamid and Company Limited was incorporated on 20‑6‑69 under th......he register of members of the company. Respondent No.2, Registrar, is directed to rectify the share register of the company, accordingly. Ed. This Case is also Reported in: 57 DLR (2005) 148. ..Category: Company Law | Date: | Hits: 232
Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd. Vs. State, 2004, 33 CLC (HCD)
....ise. As regards the withdrawal of the rest of the amount, the petitioner claims that he has withdrawn the same as arrear allowance which has been approved by the authority and the court below has not disputed his claim. 6. Sub‑section (1) of section 83 of the Co-Âoperative Society Act, 2001 (A...... is hereby quashed. The petitioner is discharged from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 145. ..Category: Criminal Law | Date: | Hits: 89
Safiqur Rahman (Md.) and others Vs. Ambia Khatoon and others, 2004, 33 CLC (HCD)
.... Case No.5 of 1998 as passed at the time of the issuance of the Rule for a period of 3(three) months and subsequently extended is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 143. ......s.8‑24 as other opposite parties in the 2nd Court of the Subordinate Judge, Noakhali claiming pre‑emption of the case land alleging, inter alia, that the pre‑emptors are co-sharers, in the case holding by purchase and what one Md. Anisul Hoque, another co-sharer transferred the case land in fa..Category: Property Law | Date: | Hits: 52
SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)
....pplication is motivated, frivolous, ill advised and is an abuse of the process of this Court. It is further alleged that the application has been filed with a so called statement of "failure to pay undisputed and admitted claim of the petitioner", which, in fact, is not true. The petition has been m......ill be payable in future by a person. He, in elaborating his submission, submits that in the instant case the petitioner filed a petition for winding up of the Association in which he was an employee holding the post of Senior Executive at the relevant time and the instant petition is absolutely mis..Category: Employment/Service Law | Date: | Hits: 144
....already been deducted earlier, on account of pension.
In the result, this Rule Nisi is made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 113.
...... to show cause as to why the actions taken by the respondents directing the petitioners to refund and deduct the amount granted and paid/payable to the petitioners as gratuity and net pension and withholding payment of their monthly salary/remuneration pursuant to the orders vide (i) Memo dated 17â€..
Category: Employment/Service Law | Date: | Hits: 99
....1983 is a bar to invoke the writ jurisdiction of this Court, inasmuch as if there is any dispute in respect of any bill that can be sorted out either by going to the Civil Court and by depositing the disputed amount to the Court or by filing an application before the Electric Inspector who shall dis......Â1994 evidenced by Annexure 'H' to the application is declared to have been issued without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 57 DLR (2005) 109.
..
Category: Others | Date: | Hits: 135
....08 (Anriexure-F) and dated 3-9-2008 (Annexure-I) are hereby declared to have been passed without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 63 DLR (2011) 61.
......nquired upon the matter and found that Messrs Gemeon Ltd. filed the said writ petition challenging two orders upon which this Division made the Rule absolute by the judgment and order dated 21-7-2002 holding that the petitioner company is entitled to pay VAT at the rate of 4.5% since the petitioner ..
Category: Fiscal/Taxation Law | Date: | Hits: 140
....he submitted that as the Tribunal was constituted under section 196 of the Act, any order passed by such Tribunal must be deemed to be covered by the greater umbrella of the Act.
20. Facts are not disputed. The petitioners were appointed PSI agents by the Government under the Order mainly for ins...... hence, of no legal effect. The Appellate Tribunal is hereby directed to dispose of the appeals in accordance with law as early as possible.
Ed.
This Case is also Reported in: 57 DLR (2005) 74.
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Category: Fiscal/Taxation Law | Date: | Hits: 122
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