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Displaying 1961-1980 of 6825 results.

United Mineral Water and PET Industries Ltd. Vs. Commissioner, Customs, Excise and VAT Commissionerate and others, 2007, 36 CLC (HCD)

....05 (Annexure-C) is hereby declared to have been issued without lawful authority and, as such, of no legal effect. Communicate at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 734. ......spondents Judgment May 13, 2007. Result: The Rule is made absolute without any order as to cost. The Value Added Tax Act, 1991 ( Act No. XXII of 1991); sections 37, 55(1) The fiscal law demands strict interpretation and strict application by an authority authorized to apply. The VA..

Category: Fiscal/Taxation Law | Date: | Hits: 131

Engineer Mahmudul Islam and others Vs. Government of the People's Republic of Bangladesh and others, 2002, 31 CLC (HCD)

....a copy of this judgment and order be sent to the Hon'ble Prime Minister for perusal and necessary action as per our observations made above. Ed. This Case is also Reported in:55 DLR (2003) 171. ......udgment November 26, 2002. Result: The Rule is made absolute without any order as to costs. It is to be presumed that all actions taken by the government officials are in accordance with law and in the public interest and if any action of the government official is challenged, the chall..

Category: Others | Date: | Hits: 113

BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)

....gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ......(1969) 21 DLR (WP) 36 and Md. Jamaluddin Vs. Income Tax Tribunal, Chittaogong Branch, Chittagong, (1997) 49 DLR 279. 12. In order to appreciate the submissions of the learned advocate the relevant law before and after the amendment must first be considered. During the assessment year in question,..

Category: Fiscal/Taxation Law | Date: | Hits: 171

Md. Abul Basher Vs. The Judge, First Artha Rin Adalat, Chittagong and others, 2008, 37 CLC (HCD)

....to dispose of the Artha Rin Execution Case No.208 of 2004 expeditiously. Communicate the judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 208. ......in, 2003 so far it relates to timeframe for disposal of the execution case is directory and not at all mandatory.……………………..(15 & 16) The Artha Rin Adalat Ain, 2003 is a special law which is enacted by the National Parliament with an aim to realise the unpaid loan by special me..

Category: Civil Law | Date: | Hits: 136

Chairman, Bangladesh Water Development Board and others Vs. Md. Abdur Rahman and another, 2008, 37 CLC (HCD)

....he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 405. ......gate the propriety of the order or action complained of. Civil Courts always can assume jurisdiction to consider the mala fide action of the authority even if there is ouster section or clause of any law made for special purpose. Merely because of negative declaration has been sought that can be no ..

Category: Employment/Service Law | Date: | Hits: 166

Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)

....rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ......nt injunction this question of disputed title cannot be resolved. The learned Counsel finally submits that in a suit for permanent injunction plaintiff is to prove his prima facie title and exclusive lawful possession in the suit land. The plaintiff miserably failed to prove his title as well as her..

Category: Civil Law | Date: | Hits: 94

Mrs. Rokeya Begum Vs. Chartered Credit Co­operative Ltd., 2009, 38 CLC (HCD)

....itan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 29. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 274. ...... the Negotiable Instruments Act, 1881 Negotiable Instruments Act was specially enacted to deal with the cases relating to promissory Notes, Bills of ex­change and cheques. It is a special type of law. It has supremacy over general laws. It is enacted specially for the purpose of realization of m..

Category: Criminal Law | Date: | Hits: 70

Human Rights and Peace for Bangladesh and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....nt factory on the land investing Tk.200 crore. The applicant obtained two licences for construction of two jetties from BIWTA for one year. The licences have since been renewing from year-to-year. By amending the licences, BIWTA allowed the applicant to construct larger jetties. 19. Mr. Rafique-u...... in the meantime, if so advised. The applications for addition of party filed by the different applicants be kept with the record. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 257. ..

Category: Environmental Law | Date: | Hits: 731

Sobhan Munshi Vs. State and another, 2010, 39 CLC (HCD)

.... with this case shall be deducted from the period of his sentence as per provisions of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 37. ...... with this case shall be deducted from the period of his sentence as per provisions of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 37. ..

Category: Criminal Law | Date: | Hits: 81

State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)

....ru, Lalu and Shafique be called for. Let a copy of this Judgment and Order be com­municated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ...... Helaluddin alias Pearu, Nur Alam alias Nurul Alam, Lalu and Shaflque were absconding their answer on the charge could not be recorded. The absconding accuseds were duly defended by the State defence lawyer. 3. At trial the prosecution examined 11 wit­nesses to substantiate the charge against th..

Category: Criminal Law | Date: | Hits: 158

Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)

....No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ...... on 10-1-1964. Since then, this defendant is in possession. This defendant having come to know of the aforesaid certificate case, purchased the suit land in the name of Muslim Bhuiyan, his brother-in-law. That auction has been confirmed. Thereafter, this defendant having in need of cash money, sold ..

Category: Property Law | Date: | Hits: 83

Mohammad Ali Vs. Sukur Ali & others, 1985, 14 CLC (HCD)

....ite of the provisions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 1. ......unds stated in the petition. The petition was taken up for consideration on 24.9.84. It appears that the A.P.P. sub­mitted that there was no bar in proceeding further in the case and cited some case laws with reference to section 249 Cr.P.C.. The Additional Sessions Judge, however, apparently disag..

Category: Procedural Law | Date: | Hits: 102

Daud Ali (Md.) and others Vs. State, 2003, 32 CLC (HCD)

....appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ......cording to P.Ws.3, 4 and 5, said full brother Amir whose non­production and non-examination cuts the connecting links. He submits that victim slept alone in his ghar as his wife was in the father-in-law's house as per first information report (Exhibit 1). She was also a vital witness to give light ..

Category: Criminal Law | Date: | Hits: 93

Intertek Testing Services International Limited and others Vs. National Board of Revenue, Dhaka & others, 2003, 32 CLC (HCD)

....m the second schedule they are liable to pay VAT. He has referred to various SROs (SRO No.136 dated 12‑6‑97, SRO No.134 dated 10‑6‑99 promulgated by the National Board of Revenue changing and amending the rules for determining the code for imposition of VAT for various services and by the su...... of 2002. Judgment Md. Awlad Ali J.-These 3(three) Rules issued under Article 102 of the Constitution at the instance of different petitioners having the same status raise identical question of law being based on similar facts and are being disposed of by this judgment. 2. The petitioners a..

Category: Fiscal/Taxation Law | Date: | Hits: 119

Tabibullah and others Vs. Government of the People's Republic of Bangladesh and others, 2007, 36 CLC (HCD)

....ition as opposite parties is allowed. Petitioners are added as Eighth Fifteenth opposite parties in Civil Revision case. No cost. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 393. ......ition as opposite parties is allowed. Petitioners are added as Eighth Fifteenth opposite parties in Civil Revision case. No cost. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 393. ..

Category: Property Law | Date: | Hits: 82

Ruhul Amin Vs. State and another, 2007, 36 CLC (HCD)

....akhsmipur in Criminal Miscellaneous Case No.41 of 2004. In the result, the Rule is discharged. The stay order stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 141. ......t section to the present scenario. 12. Against the background stated above, the question before us is whether the order dated 18.03.2004 passed by learned Joint District Judge under section 476 is lawful and proper in view of the provisions of sections 476 and 195(1) of the Code of 1898. 13. T..

Category: Property Law | Date: | Hits: 122

Md. Abdul Latif and others Vs. Mohammad Ali and others, 2008, 37 CLC (HCD)

....the Courts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 132. ......ntested the suit by filing a joint written statement denying the material allegations made in the plaint and contending that the suit is not maintainable in its present form and the case is barred by law of limitation and the plaintiff has got no possession and the defendants were possessing the lan..

Category: Procedural Law | Date: | Hits: 115

Zafar Ahmed Vs. Mir Iftekharuddin & another, 2009, 38 CLC (HCD)

....al Judge is directed to proceed with the case expeditiously. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 732. ......ing for stay order was not at all justified and entertain able. The object of section 344 of the Code of Criminal Procedure is not commensurate with the prayer for stay in the present case. Policy of law is that the criminal case should be disposed of with the least possible delay. Even mere pendenc..

Category: Procedural Law | Date: | Hits: 128

Mahbubul Alam (Md.) Vs. Bangladesh, represented by the Secretary, Ministry of Information and others, 2009, 38 CLC (HCD)

....writ petition is not maintainable. In view of the discussions as made above, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 728. ......es to that effect have to be made before the Administrative Tribunal………….(9) A person in the service of the Republic who intends to invoke fundamental right for challenging the vireos of a law will seek his remedy under Article 102(1), but in all other cases he will be required to seek re..

Category: Administrative Law | Date: | Hits: 494

Ali Azam Saial and others Vs. Joynal Abedin Saial and others, 2009, 38 CLC (HCD)

....rlier by this Court stands vacated. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 299. ...... the petitioners, submits that the Court of appeal below did not apply judicial mind and arrived at a wrong decision and the judgment and decree passed by it ate neither proper nor in accordance with law. He next submits that the trial Court upon proper consideration and discussion of the evidence o..

Category: Administrative Law | Date: | Hits: 452