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....end down the Lower Court’s Record with a copy of this judgment to the concerned Court immediately.
Soumendra Sarke J. — I agree.
Quazi Reza-Ul Hoque J.—I agree.
Ed.
......and time from which periods bearings to run is- “The date of the occurrence causing the loss”, which to us seems to contradicts the aforesaid judgment, so for adjudication of this present dispute the Honorable Chief Justice may kindly be request to permit to constitute a Full Bench for h..
Category: Arbitration Law, Civil Law | Date: 29 Mar, 2016 | Hits: 142
....lf of the respondent No. 1 have made a catena of submissions touching upon the merit of the case. But as we have held that the writ petition is not maintainable and as we have made an observation for resolution of the dispute between the petitioner-company and the respondent No. 1 through arbitratio......nd in the meter was 0.60 which was shown to be 0.229 in the earlier meter. The loads of all CNG Stations are fixed and there cannot be any natural variation therein. For conclusive examination of the disputed meter, it was sent to the Bangladesh Rural Electrification Board (BREB) workshop. The dispu..
Category: Administrative Law, Constitutional Law | Date: 1 Feb, 2016 | Hits: 3
....6615010629
12-7-2015
C 1159394
7-11-2015
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 197
......xure-CC 1 to the supplementary-affidavit of the petitioner dated 3-1-2016).
Since the said appeal of the petitioner is still pending before the Tribunal, and, it appears that, the entire present dispute has been triggered-off from the noncompliance of the said ad-interim order dated 4-5-2015 by..
Category: Fiscal/Taxation Law | Date: 27 Jan, 2016 | Hits: 0
Hafizur Rahman Vs. Abdur Rahman Miah and Others, 2015, 44 CLC (HCD)
.... Let a copy of this judgment along with the lower Court's record be sent down at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016)110 ......ance consideration money. 16. Now, we like to quote hereunder the relevant portion of the legal notice issued by the defendant No. 1 to the plaintiff on 15-1-2007 for having a better view of the dispute in question, which reads as follows: “বর্তমানে তফসিল ..Category: Contract Law | Date: 15 Dec, 2015 | Hits: 1
Major General Abdus Salam (Retd) Vs. Bangladesh Election Commission and another, 2015, 44 CLC (AD)
....ispose of the same in accordance with law expeditiously keeping in view the observations made hereinbefore in this judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 289 ......cept by an election petition presented by a "candidate" (emphasis supplied) for that election in accordance with the provisions of Chapter-'V'(Chapter-'V has dealt with election disputes). In article 2 of the RPO: "Candidate" has been defined in clause-(ii) "Cand..Category: Civil Law, Election Law | Date: 13 Aug, 2015 | Hits: 30
Shamsun Nahar Begum Shelly Vs. Bangladesh and Others, 2015, 44 CLC (HCD)
....e of this Rule is stand vacated. Communicate a copy of this Judgment and Order to the Court of Settlement concerned at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 30 ......t of Settlement without following a judicial approach in determining the question of facts involved in this case unfortunately passed the Judgment without giving a judicial consideration of the whole dispute between the parties and decided the matter erroneously…………&helli..Category: Abandoned Properties Law | Date: 8 Jul, 2015 | Hits: 5
....cept the apology made on behalf of the then Dhaka Board, Chairman and exempt her from imposing any fine.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 349
......cept the apology made on behalf of the then Dhaka Board, Chairman and exempt her from imposing any fine.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 349
..
Category: Administrative Law | Date: 26 May, 2015 | Hits: 1
Government of Bangladesh and oth¬ers Vs. Ashraf Ali, 2015, 44 CLC (AD)
....osed of. Accordingly, the appeal is disposed of with the observations and direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 263 ......ip;.......................Respondent Judgment May 12, 2015 Result: The appeal is disposed of. In spite of repeal of sections 93A and 93B of the Act the pending acquisition of disputed land shall be continued under the provision as if those have not been repealed. The T..Category: Administrative Law | Date: 12 May, 2015 | Hits: 6
Sanjay Kumar Biswas Vs. State, 2015, 44 CLC (HCD)
.... criminal appeal has however by the time been heard and verdicts also have been delivered by another Division Bench of this court. But since their Lordship's could not reach a unanimous resolution respecting the ultimate consequence of the appeal as well as the guilt of the convict app......d the appellant stands accordingly acquitted. Communicate the order at once and send b the Lower Court Record. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 185. ..Category: Women and Children | Date: 5 May, 2015 | Hits: 3
State Vs. Abdus Salam and others, 2015, 44 CLC (AD)
....urrender before the concerned Court, the Chief Judicial Magistrate of Sylhet shall take step to take them in custody. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 376 ......aped death, over the self-same occurrence a criminal case bearing GR Case No. Ill of 1991 was pending in the court of Additional District Magistrate, Sylhet. The accused tried to settle the matter in dispute but the informant party declined it. The accused became enraged. On 4-2-1992 at 12-30 hours ..Category: Criminal Law, Procedural Law | Date: 29 Apr, 2015 | Hits: 10
Rukunuddin Mollah (Md.) and others Vs. Artha Rin Adalat 2nd Court and others, 2015, 44 CLC (HCD)
....e Rule is hereby recalled and stand vacated. Communicate a copy of this Judgment and Order to the Court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 287. ......t in the Mortgage Deed and schedule to the plaint is merely an omission occurred due to inadvertence. The Khatian numbers, area of land and identification of the mortgaged property "are not disputed by the Petitioners. It is also not disputed that the property sold in auction inserting plo..Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10
....shy;cate the matters in accordance with law.
No cost.
Communicate the judgment to respondent No. 1 at once.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 98
......;ed period of four years. Further, that the petitioner failed to use the raw materials and export the ships to the foreign countries within the specified bonded period of four years. There is no dispute that at the time of importation of goods, the assessed value of the bonded raw materials wer..
Category: Fiscal/Taxation Law | Date: 2 Apr, 2015 | Hits: 0
....o. 8 cancelling the gun licence of the petitioner is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 20 BLC (HCD) (2015) 279
......his decision, the rules of natural justice were being applied in our country to administrative proceedings which might affect the person, property or other rights of the parties concerned in the dispute. In all "proceedings by whomsoever held, whether judicial or administrative, the p..
Category: Constitutional Law | Date: 2 Mar, 2015 | Hits: 23
Sarker and other Vs. Md. Nasibuddin and others, 2015, 44 CLC (AD)
....ed time from the date of knowledge of the registration of the sale deed. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 210. ......o. 34 of 1985. 2. The relevant facts, for disposal of this petition, in short, are that the respondents as pre-emptors instituted the aforesaid Miscellaneous Case for getting the land under dispute by way of pre-emption under section 96 of the State Acquisition and Tenancy Act staring that..Category: Civil Law, Tenancy Law | Date: 1 Mar, 2015 | Hits: 24
....nswered in negative and in favour of the Assessee-applicant.
However, there shall be no order as to cost.
Md. Emdadul Haque Azad, J: I agree.
Ed.
This Case is also Reported in:
......terest on term deposit at an amount of Tk. 47,12,80,615.00 which they claimed as an expenses allowable under the provision of section 29(iii) of the Income Tax Ordinance 1984. The DCT concern did not dispute as to such entitlement of the assessee-application under the provision of section 26(iii) of..
Category: Fiscal/Taxation Law | Date: 15 Dec, 2014 | Hits: 1
Sonali Bank Limited Vs. UT Garments Limited and others, 2014, 43 CLC (HCD)
.... In the result, the rule is discharged without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 265. ......court cannot go beyond the decree.... (18) Artha Rin Adalat shall follow and apply the Code as a Civil Court in exercising its jurisdiction, powers and functions while adjudicating any dispute between the parties before it including execution of its decree insofar as it is not inconsi..Category: Banking Law | Date: 4 Dec, 2014 | Hits: 4
....preciated that his act was within the mischief of contempt;
ii) whether he regretted it;
iii) whether his regret was sincere;
iv) whether it was accompanied with expression of the resolution never to repeat again and
v) Whether he made humble submission to the authority of t......stice; that upon hearing the grievance of the petitioner, this Court was pleased to pass order of injunction, on 30-10-2012, against the encashment of the Bank Guarantee by the BTCL; that as the disputed amount was much less than the amount of the Bank Guarantee, the petitioner filed a petition..
Category: Constitutional Law, Contempt of Court Law | Date: 4 Dec, 2014 | Hits: 10
A Kader Zilani (Md.) Vs. State and another, 2014, 43 CLC (HCD)
....ment and order along with the lower Court's record be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 130 ......wn to the informant but that was not binding upon the Investigating Officer or upon the Court. She also submits that when any offence is compoundable everyone should appreciate the settlement of dispute outside of the Court but whenever the offence is not compoundable no one should be insisted ..Category: Anti-Corruption Laws | Date: 3 Dec, 2014 | Hits: 11
.... Court of Bangladesh, is directed to take necessary steps under section 161(2) of the Income Tax Ordinance, 1984.
Md. Habibul Gani, J: I agree.
This Case is also Reported in:
......well as the Tribunal did not commit any illegality in not accepting the audited account as a whole. We have also perused the decisions cited by Mr. Altaf Hossain, as mentioned hereinbefore; we do not dispute the proposition of law as enunciated in the cited cases that if the assessee follows a parti..
Category: Fiscal/Taxation Law | Date: 30 Nov, 2014 | Hits: 1
Youngone (CEPZ) Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....me Court of Bangladesh, is directed to take necessary steps under section 161(2) of the Income Tax Ordinance, 1984. Md. Habibul Gani J: I agree. This Case is also Reported in: ......well as the Tribunal did not commit any illegality in not accepting the audited account as a whole. We have also perused the decisions cited by Mr. Altaf Hossain, as mentioned hereinbefore; we do not dispute the proposition of law as enunciated in the cited cases that if the assessee follows a parti..Category: Fiscal/Taxation Law | Date: 30 Nov, 2014 | Hits: 17
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