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Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)
....mar Chowdhury, a passport, air ticket, etc. for UK to be procured within five months from the date of execution of the deed and the balance consideration of amount of Taka 11,000 would be paid at the time of execution of the sale deed after taking necessary income tax clearance and permission and po...... these Rules. In the result, these Rules are discharged without any order as to costs. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ..Category: Civil Law | Date: | Hits: 138
Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....e the particulars of the property to be acquired and taken possession of. and shall require all persons interested in the property to appear personally or by agent before the Deputy Commissioner at a time, not being earlier than fifteen days after date of publication of the notice, and place mention......ted. No order as to costs. The Rule issued in Writ Petition No. 3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ..Category: Property Law | Date: | Hits: 79
Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)
.... transfer, or create any encumbrance or charge on, any such interest in any khas land in any manner otherwise by temporary lease, but no such lease shall be given for a period exceeding one year at a time expiring on the last day of the agriÂcultural year in which it is created......except with the......e of dismissal passed by the Subordinate Judge, 3rd Court, Tangail, is hereby affirmed. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. ..Category: Trust/Waqf Law | Date: | Hits: 114
Sharifuddin and others Vs. Commissioner of Customs and others, 2009, 38 CLC (AD)
....can a tax be introduced or imposed by implication……………………………..(24) Under section 4(2) of the VAT Act the words "Customs Act" was inserted by way of reference only fixing the time to submit bill of entry and it deals with in respect of rate of VAT. There is no question of de....... The appeals are therefore allowed without any order as to cost. The civil petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ..Category: Fiscal/Taxation Law | Date: | Hits: 128
Md. Enamul Haque Vs. Md. Ekramul Haque and others, 2011, 40 CLC (HCD)
....idering where the witnesses resides, or the account books are kept…….……………..(16) The initial conditions for transferring the case are that it should be filed at the earliest possible time and next, before settlement of issues…………….(17) The Learned Judge after passing th......of the suitsexpeditiously preferably within 6(Six) months from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 263. ..Category: Procedural Law | Date: | Hits: 179
LMJ International Ltd. India Vs. MV BK Ace and others, 2010, 39 CLC (HCD)
....-11-2010. But although the plaintiff submitted original two bills of leading dated 12-9-2010 to the shipping agent of the Vessel, yet the defendant vessel failed to discharge the cargo and in the meantime twenty days have elapsed after tendering the notice of readiness by the defendant vessel on 8-1......n application for facilitating the parties to inform this Court about the compliance of the order, by way of affidavit of compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 256. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 490
Abdul Karim Vs. Land Acquisition Officer, Comilla and others, 2006, 35 CLC (HCD)
....provisions of section 3 of the Ordinance the Deputy Commissioner has to say whether the property in question is needed or alternatively whether it is likely to be needed but he cannot say at the same time that it is both needed or likely to be needed. On considering the notice under section 3 of the......e without lawful authority. With the foresaid findings and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ..Category: Property Law | Date: | Hits: 85
Kartick Chandra Das and another Vs. State, 2012, 41 CLC (HCD)
....petitioner that there is no averment in the charge-sheet when FIR has been transmitted to the investiÂgating authority of the Anti-Corruption commission though, respective rule has prescribed 2 days time to forward the FIR on lodging the FIR does not bear any substance as this is absolutely a proce......tunity on priority basis. Communicate the order to the learned Special Judge, Bogra, at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ..Category: Procedural Law | Date: | Hits: 86
Abu Taher Chowdhury and others Vs. Showkat Ali and others, 2012, 41 CLC (HCD)
.... No. XXVIII of 1951); s. 75A Since the provision of subletting has already been prohibited by the amendment of law, none can sublet any property and if any agreement is continuing at the time of this amendÂment of law, that shall be cancelled and the suit premises should be returned ba......he order of status-quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 455. ..Category: Administrative Law | Date: | Hits: 175
Durga Prasad Singh Hajari Vs. Commissioner of Taxes, Taxes Zone 3, Chittagong, 2007, 36 CLC (HCD)
....C 1230 at 1233 are, i. the lineal male descendents of a person up to the third generation, acquire on birth ownership in the ancestral properties of such person; ii. Such descendents can at any time work out their rights by asking for partition; iii. till partition each member has got owner......lated in the negative and in favor of the assessed and against the revenue. No cost. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 723; 13 MLR (HCD) (2008) 397. ..Category: Fiscal/Taxation Law | Date: | Hits: 138
Nasrin Jahan (Parul) and others Vs. Khabir Ahmed and others, 2008, 37 CLC (HCD)
..... Â On legitimacy of children The evidence of others cannot be taken as corroborative evidence since it being none other than the couple can lead evidence whether or not they had access at the time of conception. It is only the husband and wife who could say whether they had co-habitation or ......y attain majority from the defendant No.1 at the rate of Taka 1500 (fifteen hundred) per month. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 697. ..Category: Family Law | Date: | Hits: 114
Nurul Hoque Vs. Bazal Ahmed and 3 others, 1995, 24 CLC (HCD)
....d by the Code of Criminal Procedure in respect of the proceeding before him is exhausted and he is not empowered to take any further action in the matter. 2. It appears from the record that at the time of hearing, the case of Md. Sharif and others Vs. Md. Baharuddin Chowdhury and the Statereporte......f the Code and then to proceed in accordance with law. Communicate the order to the Courts below and send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 327. ..Category: Criminal Law | Date: | Hits: 138
Razia Khanam Vs. Md. Shamuzzoha Khan & Others, 2007, 36 CLC (HCD)
....d upto the Appellate division. In that case it was held that there was cause of action in the suit. But in the instant case the allegation made by the defendants were admitted by-the plaintiff at the time of cross-examining her. The case law of Dhunat College Vs. Abdus Samad reported in 49 DLR 38 is...... granted by this Court dated 5.9.2005 is hereby vacated. 30. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 355. ..Category: Employment/Service Law | Date: | Hits: 118
Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)
....uty, as the case may be, in case of importation of a vehicle by a member of Parliament, subject, however to certain conditions. 28. Paragraph (ক) allowed any MP after being elected for the first time and taking oath to import a vehicle of the prescribed description provided that the tenure of t......ind it profitable to quote extensively the reasoning of the above case as a member of our Parliament stand nearly on the same footing of a member of a Legislative Assembly in India does in respect of appointment, terms of office and remuneration etc. under the Constitution. In Ramesh Balkrishna Kulk..Category: Fiscal/Taxation Law | Date: | Hits: 246
Kamrul Mia and others Vs. State, 2007, 36 CLC (HCD)
.... period mentioned in section 10 of the Ain. It is not denied Justice delayed Justice denied and it also not denied Justice hurried Justice buried. To complete a number of cases within a short span of time the judge may cause grievous fault resulting in a miscarriage of justice…………………â€......for special evidence i.e. admission of picture taken on camera and recorded version by police, as evidence, section 17 provides for applicability of Code of Criminal Procedure, section 18 relating to appointment of public prosecutor, section 19 provides for accountability as regard disposal of cases..Category: Procedural Law | Date: | Hits: 84
Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)
.... carriage from Hull in the UK to Mongla in Bangladesh. The reading of the plaintiff's cargo commenced on 22-9- 1999, when the vessel arrived at the load port Hull, 10 days after her advised estimated time of arrival (ETA) and the estimated time of departure (ETD) was revised to 24-9-1999 with the ET......file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ..Category: Limitation Law | Date: | Hits: 174
Mir Daulat Hossain and another Vs. Secretary, National Sports Council and others, 1998, 27 CLC (HCD)
....cause notice. Section 20A (b) reads as follows: "Power of the Board to dissolve the executive committees of certain organisations, etc.- Notwithstanding anything contained in any other law for the time being in force, or in any, agreement, contract, memorandum or articles of association or any, o......g. It is further stated that the appointing authority having appointed him as General Secretary on purely temporary basis no show cause notice is necessary. The appointing authority has power to make appointment and also the power to suspend or dismiss or relieve any appointee without any show cause..Category: Employment/Service Law | Date: | Hits: 100
Abdul Quader Farazi Vs. Chief Election CommiÂssioner, Bangladesh & others, 1998, 27 CLC (HCD)
....ry functionaries ineffective. It is rather difficult to draw a line of demarcation of the field where this power should be exercised and where should not. But from the experience it is found that sometimes statutory functionaries on the spot do not make timely report as to any disturbance during pol......s. In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 636. ..Category: Election Law | Date: | Hits: 591
FR Garments (Pvt.) Ltd. Vs. Artha Rin Adalat, Dhaka, 2008, 37 CLC (HCD)
....2003 provides that in order to counting the days under the provision of this Ain, only the working days of the Court shall be counted. Although, in this case we find from the chart for calculation of time as given in the writ petition that the petitioner did not minus so far it relates to non workin......cted to proceed with the Execution Case No. 658 of 2005 expeditiously. Communicate the judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 296; 61 DLR (HCD) (2009) 223. ..Category: Civil Law | Date: | Hits: 170
Md. Shafiqul Islam Vs. Board of Intermediate and Secondary Education, Comilla, 2006, 35 CLC (HCD)
.... under Rule 7(5) of the Government Servants' (Discipline and Appeal) Rules, 1985. The petitioner received the aforesaid notice dated 26.5.96 only on 2.6.1996, that is, one day after the expiry of the time allotted for showing cause and in the circumstances the petitioner instantly on 2.6.1996 filed ......ure-A to the petition, is declared to have been made without lawful authority and is of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 203. ..Category: Labour and Industrial Law | Date: | Hits: 2706
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