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Tamanna Steel Galvanizing Industry Ltd. Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....petitioner Tamanna Steel Galvanizing Industry Limited calling upon the respondents to show cause as to why impugned judgment and decision of the National Board of Revenue dated 7-3-1992 rejecting the claim to refund of the sum of Tab 83,95,364.75 (Annexure-I) to the petition should not be declared t...... authority and of to legal effect. 2. Rule in Writ Petition No.3071 of 1992 was issued at the instance of the petitioner MEB Steel Complex Limited calling upon the respondent to show cause in the aforesaid terms for rejecting petitioner’s claim for refund of Taka 63,67,503.00 vide similar order......follows: “The fact being that VAT levied on the raw rubber imported by the petitioner, was not authorised by law, the customs authorities concerned cannot resort to the law in refusing to refund money, realised mistakenly as VAT, on grounds of limitation provided therein, simply for the reason ..Category: Fiscal/Taxation Law | Date: | Hits: 164
Government of Bangladesh Vs. Mahabbat Ali and others, 2011, 40 CLC (AD)
.... persons by the Government and that the Government has a plan to establish a "guchchha gram" in the suit land for rehabilitation of the landless persons. That the plainÂtiffs filed the suit on false claim and forged-papers and as such the suit was liable to be dismissed. 4. The trial court dismi...... by Syed Mahbubur Rahman, Advocate-on-Record-For the Respondents. Civil Review Petition No. 145 of 2010. (From the judgment and order dated 12.03.2009 passed by this Division in Civil Petition for Leave to Appeal No.799 of 2008.) Judgment Nazmun Ara Sultana J. - This is an application f......e is other sufficient reason warrantiÂng review of this judgment and order. In the circumstances this review petiÂtion is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 828. ..Category: Property Law | Date: | Hits: 58
Bangladesh and another Vs. Md. Badiuzzaman and others, 2011, 40 CLC (AD)
.... of the Constitution but also destroy the basic structures of the Constitution, namely, the unitary character of the State. The impugned Acts purport to create a territorial unit which eventually may claim the status of a federating unit thereby destroying the very fabric of unitary Republic. In oth......, Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. (In Civil Petition No.1891 of 2010.) None represented-For the Respondents. (In both the cases) Civil Petition for Leave to Appeal Nos. 1847 and 1891 of 2010. (From the judgment and order dated the 12th and 1......osal of the appeals. Appeals to be registered arising out of this leave granting order will be heard along with C.A.No.8 of 2008. Ed. This Case is also Reported in: VIII ADC (2011) 811. ..Category: Constitutional Law | Date: | Hits: 219
Mizanur Rahman (Md.) alias Mija alias Mizan Vs. State, 1997, 26 CLC (HCD)
....his children to open the respective doors of their rooms, at the threat of their lives. He also said about the looting of various articles including gold ornaments, cash money etc. by the dacoits. He claimed that the villagers came to the Place of Occurrence house after the dacoits left and that the......ing to GR Case No.12/90. The learned Sessions Judge found the accused appellant guilty of the offence under sections 395/397 of the Penal Code and convicted him the rounder and sentenced to suffer RI for 7 years and a fine of Taka 5000.00, in default to suffer RI for another 1 year more. The learned......he informant by breaking the iron gate as well as lock of the door on the room of his wife and during the occurrence they blasted bombs and looted away gold ornaments, wrist watches, wall clock, cash money, cassettes, sarees, various clothings from different rooms of the wife and children of the inf..Category: Criminal Law | Date: | Hits: 80
Amirul Huq Shameem and others Vs. AKM Shamsuddin & others, 1995, 24 CLC (HCD)
....pposite parties filed a declaratory suit (OC Suit No.19 of 1995) for declaration that the dissolution of the executive committee was illegal. It appears that the executive committee of the plaintiffs claim themselves as the lawful committee as duly elected committee and their claim is that their lif......e is directed against the judgment and order dated 22-3-1995 passed by the District Judge, Mymensingh in Miscellaneous Appeal No.14 of 1995 allowing the prayer of the plaintiff opposite party Nos.1-2 for temporary injunction restraining the petitioners and opposite party No.3 (the Additional Secreta......gned Judgment passed by the learned District judge, Mymensingh. In the result, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 77. ..Category: Civil Law | Date: | Hits: 85
Benode Behari Mondal Vs. Arabinda Sarder and others, 1995, 24 CLC (HCD)
....tion purchased by their predecessors on 16-9-1941. Therefore they filed the present suit challenging the aforesaid auction sale and all other related proceedings upon which the defendants based their claim in the suit land. 4. Defendants Nos.11‑12 and 14‑16 contested the suit by filing separa...... 2. Petitioner as well as opposite party Nos.7‑9 as plaintiffs filed Title Suit No.374 of I987 which was Subsequently re‑numbered as Title Suit No.5 of 1988 against the opposite party Nos. 1-6 for setting aside that decree dated 11‑6‑1991 passed in Rent Suit No.676 of 1941 and auction dat......spose of the appeal within 3(three) months from the date of receipt of the record. The lower court records be sent down immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 72. ..Category: Property Law | Date: | Hits: 51
Abdur Rahman and others Vs. Abdus Sattar and others, 1995, 24 CLC (HCD)
....court was necessary in order to enable the court effectually and completely to adjudicate upon and settle all the questions involved in the suit. The learned court below having failed to consider the claim of their interest, committed error of law resulting in an error in the decision causing failur...... 2. The facts giving rise to the Rule are that the plaintiff‑opposite party No.1 filed a Title Suit No.303 of 1982 and the same was subsequently numbered as Title Suit No.6 of 1985 against the proforma opposite parties for partition. The suit was decreed ex‑parte in preliminary form on 14‑1â....... In the result the Rule is made absolute and no order is made as to costs. Send down the records to the lower court immediately. Ed. This case is also Reported in: 49 DLR (HD) (1997) 60. ..Category: Property Law | Date: | Hits: 47
Hazi Abdul Hakim Khan Vs. Lal Miah Saiyal alias Lal Miah and others, 2012, 41 CLC (AD)
....acre out of the said .28 acre land of Safia Begum by a registered sale deed dated 18.11.2004 and took over possession of the same and has mutated his name in the holding and is paying rent. It is the claim of the plaintiff that defendant-appellants were in permissive possession in .01 acre land out ...... Chowdhury Md. Zahangir, Advocate on Record - For the Petitioner. Md. Nurul Islam Chowdhury, Advocate on Record - For Respondent Nos. 1-3. Not represented Respondent Nos. 4-6. Civil Petition for Leave to Appeal No. 191 of 2010 (From the judgment and order dated 18th November, 2009 passed......ree. Surendra Kumar Sinha J. – I agree. Abdul Wahhab Miah J. – I agree. Nazmun Ara Sultana J. – I agree. Syed Mahmud Hossain J. – I agree. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 70
Sukendra Bikas Das and others Vs. Anil Baran Das and others, 2010, 39 CLC (AD)
..... Khatian in his name. Mohendra Lal Das filed an objection Case No.476 dated 17th August, 1876 against this recording but it was rejected. 4. Defendant Nos.2-14 also contested the suit denying the claim of the plaintiff. Defendant Nos.15-17, 18-20 and 23 also filed separate written statements and......der is granted. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented-For the Respondents. Civil Petition for Leave to Appeal No. 401 of 2009 (From the judgment and order dated 4.12.2008 passed by the Hi......pare the paper book out of court in accordance with rules. The order of stay granted earlier be extended till disposal of the appeal. End. This Case is also Reported in: VIII ADC (2011) 764. ..Category: Property Law | Date: | Hits: 74
Jiban Chandra Sarkar Vs. Md. Rafizuddin Bepary and others, 2011, 40 CLC (AD)
....defendant No.3 became the owner of 58 decimals of land in the suit plot and he is in possession thereof. The plaintiff is neither in possesÂsion nor has got any title in the suit propÂerty. All the claims of the plaintiff in this regard are false and as such, the suit was liable to be dismissed. ...... granted. Lawyers Involved: A.S.M. Khalequzzaman, Advocate instructed by Mohammad Nawab Ali, Advocate-on-Record- For the Petitioner. None repÂresented-For the Respondent. Civil Petition for Leave to Appeal No. 457 of 2009 (From the judgment and order dated the 10th day of November, ......nt under them. Aditya being in possession died leaving behind five sons named Lalit, Mahesh, Krishna, Purna and Gadadhar. CS Khatian No.1356 was correctly prepared in their names. Out of the need for money 5(five) brothers gave 29 decimals of land to Nepal Bepary by korfa pattan. Lalit having died, ..Category: Property Law | Date: | Hits: 66
Siddiqur Rahman and others Vs. Md. Monwar Hossain and others, 2011, 40 CLC (AD)
.... them about the transfer of the holding. They instituted the case under section 96 of the State Acquisition and Tenancy Act from the date of knowledge about the transfer. Respondent No.1 resisted the claim of pre-Âemption on ground that the case is barred by limitation. 3. The learned Assistant ......ord-For the Petitioners. Mahmudul Islam, Senior Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No.1. Not Represented-For Respondent Nos. 2-118. Civil Petition for Leave to Appeal No. 135 of 2010 (From the judgment and order dated 26.8.2009 passed by the Hi......t assessment of the materials on record and appreciation of law arrived at a correct decision. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 755. ..Category: Property Law | Date: | Hits: 72
Noni Gopal Das and others Vs. Dinesh Chandra Das and others, 2011, 40 CLC (AD)
....case being Complaint Case No.9 of 1986 in the Court of Magistrate, Bawfal, Patuakhali against defendant Nos.1-4. The said criminal case was comÂpromised by defendant Nos.1-4 by relinÂquishing their claim over the suit land. Dilip Kumar Das also instituted Criminal Case No.15 of 1989 against defend......ucted by Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioners. Bivash Chandra Biswas, Advocate-on-Record-For Respondent No.1 None represented-For Respondent Nos.2-3. Civil Petition for Leave to Appeal No. 460 of 2009. (From the judgment and order dated the 10th day of August, 2...... order and as such, the same does not call for interference by this Court. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 739. ..Category: Property Law | Date: | Hits: 62
Bangladesh Technical Education Board Vs. Md. Anamul Haque and others, 2010, 39 CLC (AD)
....is further contended that the High Court Division failed to consider that the writ petitioners were appointed purely on temporary contract basis for a period of 6(six) months, as such, they could not claim to be appointed on permanent basis on the doctrine of legitimate expectation. 6. On perusal......ate, instructed by Zainul Abedin, Advocate-on-Record-For the Petitioner. Md. Zahirul Islam, Advocate-on-Record-For Respondent No.1. Not repÂresented-For Respondent Nos. 2-12. Civil Petition for Leave to Appeal No.100 of 2010. (From the judgment and order dated 11.10.2009 passed by the H...... of the Paper book is disÂpensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 725. ..Category: Employment/Service Law | Date: | Hits: 133
Md. Hossain Ahmed Vs. Bangladesh House Building Finance Corporation and another, 2011, 40 CLC (AD)
....tance in the submissions of Mr. Quamrul Islam Siddique, so in the leave petition. Accordingly, the leave petition is disÂmissed. Ed. This Case is also Reported in: VIII ADC (2011) 721. ......on-Record-For the Petitioner. Shaheed Alam, Senior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For Respondent No.2. None repreÂsented-For Respondent No.1. Civil Petition for Leave to Appeal No. 124 of 2010. (From the judgment and order dated the 8th day of November, ......tance in the submissions of Mr. Quamrul Islam Siddique, so in the leave petition. Accordingly, the leave petition is disÂmissed. Ed. This Case is also Reported in: VIII ADC (2011) 721. ..Category: Civil Law | Date: | Hits: 108
Shariful Islam Vs. Billal Hossain and the State, 1992, 21 CLC (HCD)
....ted 20.10.91 passed by the learned Sessions Judge is illegal and it requires interference. 8. Opposite party No.1 at the time of hearing of the petition filed certain documents in support of their claim that the case is punishable under section 326 of the Penal Code, but those documents cannot be......t shall not be set aside. 2. The petitioners case, in short, is that opposite party No.1 lodged FIR with Munshiganj Police Station alleging that on 16.3.91 at about 6‑00 AM when the son of the informant went out of the hut to respond to the call of nature, at the order of accused Ali Ahmed, acc...... Revision No.33 of 1991 is hereby set aside and the trial Court is hereby directed to proceed with the trial in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 722. ..Category: Criminal Law | Date: | Hits: 67
Kibria and Associates Ltd. Vs. Bangladesh Agricultural Development Corporation, 1992, 21 CLC (HCD)
....elopment Corporation. And they entered into an agreement on January 18, 1983 for the aforesaid works. The agreement contained an Arbitration Clause viz, Clause No.17 to the effect: "Any dispute of claims which cannot be amicably settled by negotiation between the Contractor and the Employer shal......rbitrator dated September 20, 1990 in Arbitration Case No.115 of 1990. 2. The facts giving rise to the present appeal are as follows: The appellant M/s Kibria and Associates Ltd, was appointed for construction of Low Cost Fertilizer Warehouse and Ancillary Buildings at Tepakhola, Faridpur by ......the case of Wildhandel NV Vs. Tucker and Cross (1976) 'Lloyd's Rep. 341 and quoted the observation made in the said case which is: "In a commercial transaction if the plaintiff has been out of his money for a period, the usual order is that the defendant should pay interest for the time for which..Category: Alternative Dispute Resolution | Date: | Hits: 156
AKM Haroon‑or‑Rashid & another Vs. AKM Mostafa Kamaluddin and others, 2001, 30 CLC (HCD)
....in collusion with some officials of the Settlement Office changed the photograph of Abdul Khaleque Dhali by the photograph of defendant No.1 in the office of defendant No.5, Defendant No.1 thereafter claimed himself to be Abdul Khaleque Dhali subsequently, defendant No.1 sold the suit land to his wi......itioners is directed against the order dated 20‑9-Â1990 passed by the learned Assistant Judge, 5th Court, Dhaka in Title Suit No.80 of 1998 rejecting the application filed by defendant-petitioners for fixing valuation of the suit property after holding an inquiry under section 8C of the Court-Fee......nd out of the said amount he received Taka 3,000 on 28‑2‑76. Abdul Khaleque Dhali received another sum of Taka 21,000 on 8‑3‑76 keeping a balance of Taka 1,000 out of the entire consideration money from defendant No.1 and executed an agreement for sale in favour of, defendant No.2. Abdul Kha..Category: Civil Law | Date: | Hits: 68
Emdadul Hoque Vs. State, 2004, 33 CLC (HCD)
....eserves no interference by this Court. 10. P.W.1 the informant, who happens to be the father of the deceased, said on dock that 4/5 years back his daughter was married with the accused. He further claimed that the husband of his daughter was a vagabond and had no source of income while his daught......98 of 1994 (Lalmonirhat) corresponding to Lalmonirhat PS Case No. 4 dated 7‑10‑1994, convicting the accused appellant under section 302 of the Penal Code and sentencing him to suffer imprisonment for life along with a fine of Taka 5,000 in default to suffer rigorous imprisonment for a further pe......t Emdadul Hoque about six years ago and that (accused) was a vagabond while his (informant) daughter (deceased) was working in the rice mill of one Mukul situated at Lalmonirhat Town and used to save money. The accused-appellant used to take money from his wife off and on and if his wife the decease..Category: Criminal Law | Date: | Hits: 76
Abdur Rahman Dhali and others Vs. State, 2004, 33 CLC (HCD)
....re this court has a little scope to interfere under section 561A of the Code of Criminal Procedure, 1898. 11. On perusal of the averments of this application, it is found that the petitioners have claimed to be discharged because there is nothing against them which can allow the learned Special J......rt of Divisional Special Judge, Khulna Barisal Station) should not be quashed or such other order or further order or orders passed as to this Court may seem fit and proper. 2. The relevant facts, for the purpose of disposal of this Rule are stated herein below: 3. The accused-petitioners name......ne Mollah Kamruzzaman, Ex‑Food Officer, Hizla took an amount of Taka 66,514.21 as price of ration goods in order to deposit in Government treasury and dishonestly misappropriated the said amount of money without depositing the same in the concerned Bank showing false document relating to such depo..Category: Criminal Law | Date: | Hits: 85
Abdus Sattar Pramanik (Md) and another Vs. State and another, 2003, 32 CLC (HCD)
....h is pending before the Senior Assistant Judge, 1st Court, Bogra. Subsequently, after the death of Borim Pramanik, another grandson, namely Abdur Rahman alias Batu, filed Partition Suit No. 7 of 1996 claiming their share on the basis of a registered kabala dated 7‑11‑1940 and in that suit petiti...... Shamsuddin Ahmed Chowdhury Vs. State and another, 49 DLR (AD) 159; Shambhu Nath Saha and others Vs. State, 43 DLR 660. Lawyers Involved: Idris Khan with Mahfuza Begum, Advocates ‑ For the Informant Petitioner. Md. Abdul Hoque, Advocate ‑ For Opposite Party No. 2. Criminal Miscellan......r of stay granted at the time of issuance of the Rule is hereby recalled. Communicate a copy of this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 453...Category: Criminal Law | Date: | Hits: 62
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