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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.
......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.
......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.
..
Category: Arbitration Law, Civil Law | Date: 29 Mar, 2016 | Hits: 142
Ahmad Ullah Vs. Md. Younus and Ors, 2016, 45 CLC (HCD)
....e of issuance of the Rule shall stand vacated. Let a copy of the judgment be sent to the court concerned. Ed. This Case is also Reported in: 68 DLR (HCD) (2015) 228 ......4. Mr. Jaglul Haidar Afric, learned Advocate for the accused-petitioner, appeared along with Mr. Md. Iqbal Hossain for the accused-petitioner, having placed the petition along with other materials on record, first of all submits that, the trial court could not properly appreciate the factual aspects......e of issuance of the Rule shall stand vacated. Let a copy of the judgment be sent to the court concerned. Ed. This Case is also Reported in: 68 DLR (HCD) (2015) 228 ..Category: Banking Law | Date: 29 Feb, 2016 | Hits: 23
A.H. Azam Khan Vs. Bangladesh and Ors, 2016, 45 CLC (HCD)
.... judgment upon all the respondents including the Member of Parliament for necessary information. Communicate at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 194 ...... and order of stay. 5. Mr. AM Amin Uddin appearing with Mr. Md. Minhaduzzaman the learned counsel for the petitioner after placing the petition, the order impugned against and other materials on record mainly submits that the petitioner as Chairman of Governing Body while discharging his duties...... judgment upon all the respondents including the Member of Parliament for necessary information. Communicate at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 194 ..Category: Administrative Law, Constitutional Law | Date: 11 Feb, 2016 | Hits: 4
....2014 for resolution of the dispute between the petitioner-company and the respondent No.1 through arbitration.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 165
......2014 for resolution of the dispute between the petitioner-company and the respondent No.1 through arbitration.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 165
......it and proper.
2. The case of the petitioner, in short, is as follows:
The petitioner is a limited company engaged in the business of running CNG Filling Station and thereby providing service to CNG-run vehicles. However, on 28-9-2012, a team of the respondent No.1 inspected the peti..
Category: Administrative Law, Constitutional Law | Date: 1 Feb, 2016 | Hits: 3
....#39;s bonded warehouse, and, pursuant to the said audit report dated 26-4-2015, a show cause notice was issued upon the petitioner alleging that the petitioner's bonded warehouse was keeping more goods than it's bonding capacity and that the petitioner expanded its bonded warehouse without p......d adjudication of the demand through adjudication process upon giving show cause notice and hearing to a person. According to him, since the entire facts and circumstances, including the documents on record, evidently show that no such demand was ever issued on the petitioner and no such adjudicatio......6615010629
12-7-2015
C 1159394
7-11-2015
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 197
..
Category: Fiscal/Taxation Law | Date: 27 Jan, 2016 | Hits: 0
Tariqul Islam Vs. Bangladesh and Others, 2016, 45 CLC (HCD)
....ranted bail by the High Court Division in Jessore-Kotwali Police Station Case No. 15 dated 5-10-2015. Therefore, the allegation against the petitioner that he is a fugitive from justice does no stand good. There is no denial of fact that under section 6(1) (2) of the Order, 1973 the authority e...... not entitled to a passport. 7. We have perused the writ petition, affidavit in opposition, supplementary affidavit filed by the petitioner and other relevant papers. 8. It appears from the record that the petitioner had a passport being No. is A-0158834. According to the decision of the G......o the sovereignty, integrity or security of Bangladesh; (b) that the applicant, in the opinion of the Government, is reasonable suspected of evading or attempting to evade the duty to render any service which, under any law, he is required to render in the public interest; (c) that the iss..Category: Administrative Law | Date: 14 Jan, 2016 | Hits: 1
Hafizur Rahman Vs. Abdur Rahman Miah and Others, 2015, 44 CLC (HCD)
..... Mr. Mohammad Ali further relying on the decisions reported in 8 DLR 616, Vol. 20, the Calcutta Weekly Notes (Privy Council) 744 submits that the proposition of law is by now well settled by a good number of authorities that time is not essence of a contract and when a party to a contract pro......alance consideration money within time as mentioned in the bainapatra? iv) Whether the plaintiff is entitled to get any other reliefs? 5. The trial Court on consideration of the evidence on record found that the plaintiff having failed to perform his part and dismissed the suit by the impu...... 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 ..Category: Contract Law | Date: 15 Dec, 2015 | Hits: 1
Yeamin Nobi (Md.) and others Vs. Moklesur Rahman and others, 2015, 44 CLC (HCD)
....sed without any order as to cost. 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: 67 DLR (HCD) (2015) 281 ...... liable to be dismissed. 4. At the trial both the parties led evidence both oral and documentary to prove their respective cases. 5. The trial Court on consideration of the evidence on record factually found that the land under pre-emption was divided land and the petitioner did ......sed without any order as to cost. 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: 67 DLR (HCD) (2015) 281 ..Category: Civil Law, Procedural Law | Date: 11 Dec, 2015 | Hits: 36
State Vs. Md. Golam Rabbani, 2016, 45 CLC (HCD)
....this judgment and order to the learned trial court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 167 ...... conceal and misdirect the actual cause of death and accordingly they submitted final report under section 174 of the Code of Criminal Procedure on 18-1-2008. 3. On perusal of the case record it transpires that after filing of the UD case No. 33 of 2006 the dead body was sent to docto......this judgment and order to the learned trial court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 167 ..Category: Evidence Law | Date: 6 Dec, 2015 | Hits: 6
Ali Ahsan Muhammad Mujahid Vs. The Government of Bangladesh, 2015, 44 CLC (HCD)
....has been affirmed by the Appellate judgment. We do not find any illegality in our Appellate judgment. Hence, the review petition is dismissed. Ed. This case is also Reported in: ......the judgment under review and submits that this Division has considered each of the points raised by Hossain in the light of the evidence and that there is no error of law apparent on the face of the record in the judgment impugned. Alam while submitting about the limited scope of review relied on t......has been affirmed by the Appellate judgment. We do not find any illegality in our Appellate judgment. Hence, the review petition is dismissed. Ed. This case is also Reported in: ..Category: International Crimes Tribunal Law | Date: 18 Nov, 2015 | Hits: 111
Nurun Nabir Sarker Vs. Secretary, Ministry of Education and Others, 2015, 44 CLC (HCD)
....gh Court Division, within 30 (thirty) working days of receiving copies of this judgment and order. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 125 ......s representation date 22-3-2015 (Annexure-C) within reasonable time to be fixed by this court. 5. Heard the learned advocates for both sides, perused the writ petition including the materials on record and also consulted the law cited before us. 6. We find from that the materials on record......ose of the application filed by the petitioner on 22-3-2015 before them (Annexure-C to the application), praying for taking necessary action against the order of suspension of the petitioner from his service as the Headmaster. Uzan Teura TUM High School, Sundargonj, Gaibandha under rule 38(3) of the..Category: Administrative Law, Employment/Service Law | Date: 10 Nov, 2015 | Hits: 0
Abdul Hamid Chowdhury (Iqbal) and Others Vs. Artha Rin Adalat and Others, 2015, 44 CLC (HCD)
....to give a fresh decision after hearing the parties in accordance with law at the earliest. Communicate at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 148 ......out accepting the said application passed the ex-parte decree on the same day observing as under: "Heard the learned lawyer appearing on behalf of defendant No.1/2. Perused the petition and record of the case. It is found that today is fixed for ex-parte trial, Previously, defendant took s......to give a fresh decision after hearing the parties in accordance with law at the earliest. Communicate at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 148 ..Category: Banking Law | Date: 5 Nov, 2015 | Hits: 3
City Vegetable Oil Mills Ltd Vs. Commissioner, Customs, Excise & Vat and Others, 2015, 44 CLC (HCD)
....©) ---------------------------------- (৪)---------------------------------- (Underlines supplied) 10. Thus, it appears from section 9 of the VAT Act, 1991, that the supplier of goods, businessmen and providers of service are entitled to rebate on raw materials except in cases ......hout any prejudice to the petitioners to take recourse to relevant provisions of law. Communicate this. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 114 ......- (৪)---------------------------------- (Underlines supplied) 10. Thus, it appears from section 9 of the VAT Act, 1991, that the supplier of goods, businessmen and providers of service are entitled to rebate on raw materials except in cases mentioned under different sub-clause..Category: Fiscal/Taxation Law | Date: 30 Aug, 2015 | Hits: 5
Turfatur Ain Chowdhury Vs. Artha Rin Adalat Dhaka and Others, 2015, 44 CLC (HCD)
..... Office is directed to send a copy of this judgment to Artha Rin Adalat No.1, Dhaka (respondent No. 1) at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 81 ......d that the petitioner's father Khalilur Rahman Chowdhury died on 23-2-2006 and the suit was instituted after 5 (five) years of her father's death. The petitioner was not and till now is not a recorded shareholder of the Company. Out of 23,100 shares issued to Late Khalilur Rahman Chowdhury i......ant provision of the Mahomedan Law, the petitioner will be eligible to inherit the property of her deceased father only after paying off all the debts, necessary expenses for carrying out the funeral service & other rituals, payments towards offsetting the service charges/remuneration/promise ma..Category: Constitutional Law, Procedural Law | Date: 25 Aug, 2015 | Hits: 4
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 ......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 ......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 ..Category: Civil Law, Election Law | Date: 13 Aug, 2015 | Hits: 30
The State Vs. Mr. Swadesh Roy and another, 2015, 44 CLC (AD)
....sand) each to be contributed to two charitable organizations within one week from date, failing which, they shall suffer seven days simple imprisonment. Ed. This Case is also Reported in: ......sand) each to be contributed to two charitable organizations within one week from date, failing which, they shall suffer seven days simple imprisonment. Ed. This Case is also Reported in: ......sand) each to be contributed to two charitable organizations within one week from date, failing which, they shall suffer seven days simple imprisonment. Ed. This Case is also Reported in: ..Category: Constitutional Law, Contempt of Court Law | Date: 13 Aug, 2015 | Hits: 97
....opara, Unashattarpara, which were Hindu populated areas and created reign of terror in those areas on religious ground and they torched the houses and killed the innocent Hindus, looted away valuable goods and abducted young girls. He has also narrated the atrocities committed by Salauddin Qader Cho......er, his brother Satya Ranjan lodged Rawjan PS Case No.41(1)72 for the killing of his father and the Rawjan police submitted charge sheet against Salauddin Qader Chowdhury and others in that case. The record was ultimately sent to Dhaka but he did not know the fate of the case. He met Dr. Anisuzzaman......lowed at that time due to shortage of doctors and nurses. His claim of compelling to depose by the prosecution against Salauddin Qader Chowdhury on 21 st April is not believable because he was not in service. He was under no obligation to depose out of pressure.
116. More so, no suggestion was ..
Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38
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 ......tled the Government-Respondent to claim that the property was legally declared abandoned and enlisted in the "Kha" list of the Abandoned Buildings. It is also noted that there is nothing on record to show that the Petitioner was ever asked to show cause about inclusion of the property or t......mere temporary or occasional absence of physical possession shall not of itself suffice to treat the property as abandoned…….. (15) Service Notice is a Requirement — Non-service of notice as required by law disentitled the Government-Respondent to claim that the propert..Category: Abandoned Properties Law | Date: 8 Jul, 2015 | Hits: 5
....n that he should refrain from doing any illegal activities by abusing his official power.
No order as to cost.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 173.
......Azizul Huq Chowdhury along with four brothers including the predecessor of the petitioner Obaidul Huq Chowdhury got 88 decimal of land and Shamsul Huq Chowdhury got 30 decimal of land which correctly recorded in SA khatian No. 629. On the other hand, SA khatian Nos. 333 and 334 were prepared in resp......n that he should refrain from doing any illegal activities by abusing his official power.
No order as to cost.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 173.
..
Category: Constitutional Law, Property Law | Date: 28 Jun, 2015 | Hits: 1
Immam Hossain Sawdagor and others Vs. Abul Hashem and others, 2015, 44 CLC (AD)
....osed of by the Bench presided over by Nozrul Islam Chowdhury, J. within 2(two) months from the date of receipt of this judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 266. ......ho did not appear in the suit inspite of service of summons upon him and did not file any written statement, cannot contest an appeal filed against the decree passed in a suit on the evidence on record. Even a third party can file an appeal in case he is affected by a decree passed in a suit.........spite of Summons upon him and did not file any written statement, can contest an Appeal— In the Code there is no provision that a defendant, who did not appear in the suit inspite of service of summons upon him and did not file any written statement, cannot contest an appeal fi..Category: Civil Law, Procedural Law | Date: 15 Jun, 2015 | Hits: 12
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