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Ahmad Ullah Vs. Md. Younus and Ors, 2016, 45 CLC (HCD)

....truments, while section 82 of the NI Act, 1881, provides that, a maker, acceptor or endorser of a negotiable instrument (that includes a cheque) can be discharged from liability only-(a) by cancellation, (b) by release or (c) by payment. There is no other way or means or excuse available t......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)

....uspended and this act of suspension is ex-facie illegal and not sustainable under law having no legal effect. The learned counsel placed section 38 that governs the procedure of removal and cancellation of the Governing Body and Managing Committee. His submission is that the impugned order...... 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

Khulna Printing and Packaging Limited Vs. Government of the People's Republic of Bangladesh, 2016, 45 CLC (HCD)

....o to sub-section (3) of section 13 of the Customs Act, 1969, has made provisions for issuance of show cause notice and for according reasonable opportunity of being heard only in respect of cancellation of license, the respondents were justified in issuing the suspension order without issu......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

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       ......nces of the case and the case made out by the plaintiff-appellant and, as such, the same has occasioned failure of justice. The learned Advocate further submits that it is on record that there was no mutation in the name of defendant No. 1, who took Taka 10,000 + 10,000 = 20,000 on two occasions (Ex..

Category: Contract Law | Date: 15 Dec, 2015 | Hits: 1

City Vegetable Oil Mills Ltd Vs. Commissioner, Customs, Excise & Vat and Others, 2015, 44 CLC (HCD)

....sury Challan, or deduct the amount in the current account register, on the allegation that it had taken excess rebate. The petitioner, thereupon, gave notice demanding justice on 12-6-2004 requesting cancellation/withdrawal of such demand, whereupon the respondent No. 2, vide reply dated 14-6-2004, ......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   ..

Category: Fiscal/Taxation Law | Date: 30 Aug, 2015 | Hits: 5

Tufail K. Haider Vs. Extra Assistant Commissioner of Taxes and Others, 2015, 44 CLC (HCD)

....erest of the revenue, and, upon examination, he may pass such order thereon according to the circumstances of the case and such order may include the order of enhancing or modifying the assessment or cancellation of the assessment and directing a fresh assessment to be made. From the above reading, ......sed without lawful authority and are of no legal effect. Accordingly, and the same are struck down. Communicate this. Ed.  This Case is also Reported in: 68 DLR (HCD) (2016) 105 ..

Category: Fiscal/Taxation Law | Date: 24 Aug, 2015 | Hits: 2

Orascom Telecom Bangladesh Limited Vs. Kalipada Mridha and others, 2015, 44 CLC (AD)

....n of the aforesaid adver­tisement, the writ-petitioner, as a patriotic citizen of the country, issued a notice demanding justice on 17-8-2006 addressed to the concerned Ministries for withdrawal, cancellation, revoca­tion of the advertisement, so far as it relates to the downloading of the N......d as expeditiously as possible. Accordingly, both the leave-petitions are disposed of with the above direction. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 292.   ..

Category: Constitutional Law | Date: 11 May, 2015 | Hits: 5

Hossain Ali and Others Vs. Government of Bangladesh and Others, 2015, 44 CLC (HCD)

....015. The respondent No. 5, Bhawal Raj Court of Wards Estate made an application mentioning rule 42A of the Rules, 1955 before the Settlement Officer at Dhaka against the aforesaid appellate order for cancellation of the same and for hearing of the appeals as contained in Annexure-1 to the affidavit-......est possible amount of time preferably within 3(three) months from the date of receipt of the judgment of this court. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 37   ..

Category: Property Law, Tenancy Law | Date: 30 Apr, 2015 | Hits: 4

Hafizur Rahman Nafor Vs. Secretary, Ministry of Home Affairs and others, Secretary, Ministry of Home Affairs and others, 2015, 44 CLC (HCD)

....tendent of Police, District Special Branch, Gopalganj, the District Magistrate, Gopalganj (respondent No. 2) cancelled the licence of the petitioner on 14-5-2001 in public inter­est. The order of cancellation of the licence of the petitioner was justified in the facts and circumstances of the ca......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   ..

Category: Constitutional Law | Date: 2 Mar, 2015 | Hits: 23

Astech Limited, represented by its Managing Director Mr. Ali Ahmed, 175, Jubilee Road (1st floor), Chittagong, Bangladesh Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)

....hod of accounting regularly employed by the applicant. 3. Whether, in the facts and on the circumstances of the case, the Tribunal under section 159(2)/29(1) Rule-65 was justified in maintaining cancellation of free sample cancelled by the C.T(A) while the same was allowed by the DCT under Rule......ed in negative and in favour of the Assessee-applicant. However, there shall be no order as to costs. Md. Emdadul Haque Azad J: I agree. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 15 Dec, 2014 | Hits: 1

Government of Bangladesh, represented by the Secretary, Ministry of Education and others Vs. SM Humayun Kabir and another, 2014, 43 CLC (AD)

....e employer and the employee is necessary. If a permanent Government servant tenders his resignation, he continues to be in service until the resignation is accepted, for the rea­son that, for the cancellation of the contract of service, the consent of the other party is also necessary. Till his ......Division, we do not find any substance in this civil petition for leave to appeal. Accordingly, this petition is dis­missed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 279. ..

Category: Administrative Law | Date: 7 Sep, 2014 | Hits: 20

Mohoshin Miah (Md.) Vs. State and another, 2014, 43 CLC (HCD)

....d 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) 114   ......shipur Union Land Office under Fatulla Police Station, district Narayanganj. One Abdus Salam alias Khokon from Kashipur village of Fatulla Police Station had approached the accused two months ago for mutation of his name pursuant to a deed of exchange being No. 6236 dated 24-12-2003 by which he got ..

Category: Anti-Corruption Laws, Criminal Law | Date: 10 Jun, 2014 | Hits: 8

I.M. Reazul Hasan Vs. Commissioner of Taxes Vs. The Commissioner of Taxes, Taxes Zone-1, Dhaka, 2014, 43 CLC (HCD)

....hose two amounts given as loan to the assessee, were shown to have gifted to the assessee-applicant by the lenders; that in the above admitted scenario the DCT lawfully found that the said amount was cancellation of indebtedness to his wife and brother, who had lend money to the assessee in the prev......ngladesh is directed to take necessary steps under section 16(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J. - I agree. This Case is also Reported in:   ..

Category: Fiscal/Taxation Law | Date: 4 Jun, 2014 | Hits: 5

Asad Ali (Md.) and another Vs. Golam Sarwar and others, 2014, 43 CLC (AD)

....ourt below are set-aside and the case for pre-emption be dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 315.           ......ed between the parties by metes and bounds even then it cannot be said that there was a division or separation of the tenancy." 7. The High Court Division took the view that unless there is mutation or division of the holding creating new tenancy in the revenue office for the purpose of pa..

Category: Tenancy Law | Date: 28 May, 2014 | Hits: 22

Asad Ali (Md.) and another Vs. Golam Sarwar and others, 2014, 43 CLC (AD)

....sion and also that of the appellate Court below are set-aside and the case for pre-emption be dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 315.     ......ed between the parties by metes and bounds even then it cannot be said that there was a division or separation of the tenancy." 7. The High Court Division took the view that unless there is mutation or division of the holding creating new tenancy in the revenue office for the purpose of pa..

Category: Civil Law, Property Law | Date: 14 May, 2014 | Hits: 7

Md. Abul Bashar Vs. Government of Bangladesh, 2014, 43 CLC (HCD)

....prietor habitually stood bail for members of the sect of Jehovah’s Witnesses, who were a nuisance to the police. The Supreme Court awarded damages against the Prime Minister and stigmatized the cancellation holding: In public regulation of this sort there is no such thing as absolute and ......l effect. The order of stay granted earlier is hereby vacated. There would, however, be no order as to cost. Md. Badruzzaman J. - I agree Ed. This Case is also Reported in: ..

Category: Administrative Law, Constitutional Law | Date: 4 May, 2014 | Hits: 5

Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)

....ural justice warrants that the claimant cannot be condemned unheard. 58. So, in no way can the instant case be equated with that of SMS Samity Vs. Bangladesh, Supra. Here there is no question of cancellation of a lease on reliance upon a stipulated ground before expiry of the term, and the auth......the learned Advocate and his client resorted to clear fraud upon the Court for which they deserve to be reprimanded. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 215.   ..

Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20

Khan Mohammad Ameer Vs. Atiqur Rahman and others, 2014, 43 CLC (HCD)

....an Sagar vide Nos. 8608 dated 4-8-2030, 9488 dated 31-8-2010,9232 dated 24-8-2010, and 9487 dated 31-8-2010. Subsequently, the defendant Nos. 2-5 cancelled the aforesaid deeds on 9-5-2012 by 4 (four) cancellation deeds. The plaintiff appre­hends from the conduct of the defendant Nos. 1-5 that de......t is directed to proceed with the suit as per law. Send down the lower Court's records at once. Communicate the order. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 2008 ..

Category: Civil Law, Procedural Law | Date: 30 Apr, 2014 | Hits: 6

Hafiz Ahmed Mazumder Vs. Pubali Bank Limited, 2014, 43 CLC (HCD)

....all preparations for convening the AGM on 21-8-2013, upon misconceived application of the petitioner of Company Matter No. 90 of 2013, Mr. Shafi A. Chowdhury, addressed to Mr. Fida M. Kamal demanding cancellation of nomination paper of the petitioners from contesting the directors' election in t......me of admission of this petition is hereby vacated. The parties will bear their respective cost. This Case is also Reported in: 66 DLR (HCD) (2014) 234       ..

Category: Banking Law, Corporate Law | Date: 25 Feb, 2014 | Hits: 9

Selim Hossain (Md.) Vs. Shahabuddin Ahmed and others, 2014, 43 CLC (AD)

....the Joint District Judge, Artha Rin Adalat, Narayangonj in Mortgage Execution Case No.59 of 1994 rejecting the application filed under section 57 of the Artha Rin Adalat Ain, 2003 (the Ain, 2003) for cancellation of the auction sale held on 10-11-2008 and allowing him to give chance to repay the loa......t-petitioner without creating any hindrance or obsta­cle and the executing Court shall pass necessary order in that respect. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 115. ..

Category: Civil Law | Date: 3 Feb, 2014 | Hits: 6