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Sadharan Bima Corporation, Sadharan Bima Bhaban, 33, Dilkusha Commercial Area, Dhaka and another Vs. Messrs Ahad Jute Mills Ltd. and others, 2016, 45 CLC (HCD)

....the law of limitation runs from the cause of action of a suit and that should be in all cases for 03(three) years not from the date of occurrence. He further submits that in view of the first part of clause-(b) of Article 86 of the Limitation Act, it appears that the proof of loss has to be determin..

Category: Arbitration Law, Civil Law | Date: 29 Mar, 2016 | Hits: 142

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

....e Court is not to let go the drawer of a bounced on any pretext or excuse whatsoever, if the cheque is bounced when presented for encashment following the proceeding laid in section 138 and clause (b) of section 141 of the Negotiable Instruments Act. Accordingly, he concludes tha..

Category: Banking Law | Date: 29 Feb, 2016 | Hits: 23

RNR GNG Refuelling and Filling Station Limited Vs. General Manager, Comilla Palli Bidyut Samittee-1 and Others, 2016, 45 CLC (HCD)

....BREB conducted the re-examination of the disputed meter mutilating both the lead seal and demand seal and found the same result. So the electric line of the petitioner-company was disconnected as per clause 8 of PBS Instruction 300-30. Against this backdrop, no exception can be taken to the disconne..

Category: Administrative Law, Constitutional Law | Date: 1 Feb, 2016 | Hits: 3

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

....s 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-clauses of sub-section (1) of section 9. At the relevant time, the prohibited circumstances in ..

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

Major General Abdus Salam (Retd) Vs. Bangladesh Election Commission and another, 2015, 44 CLC (AD)

....ion shall dismiss an election petition, if the provisions of article 49 or article 50 or article 51 have not been complied with or the petition­er fails to make the further deposit required under clause (4) of article 57, but in the instant case, no complaint was made by the respondent that the ..

Category: Civil Law, Election Law | Date: 13 Aug, 2015 | Hits: 30

Sarwar Alam Chowdhury Vs. Government of the People’s Republic of Bangladesh & others, 2015, 44 CLC (HCD)

....he case of Bangladesh Vs. Amela Khatoon and others, reported in 53 DLR (AD) 55, wherein our Hon’ble Appellate Division held that, “High Court Division further found that according to clause (b) of sub-section (1) of section 5 of the Abandoned Buildings (Supplementary Provisions) Ord..

Category: Abandoned Properties Law | Date: 27 May, 2015 | Hits: 35

Government of Bangladesh and oth¬ers Vs. Ashraf Ali, 2015, 44 CLC (AD)

....mended by Act No.XXIX of 1987. Though secions 93 A and 93B of the Town Improvement Act were repealed by Act No. XXIX of 1987, the said provisions of the Town Improvement Act shall continue in view of clause-(Uma) of section 73 of the Act No. XXIX of 1987. Clause-(Uma of sec­tion 73 of Act No. 29..

Category: Administrative Law | Date: 12 May, 2015 | Hits: 6

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Dhaka and others, 2015, 44 CLC (AD)

....he repealed Ain including the appeals pending against any order, judgment or sentence shall continue as if the Ain of 1995 has not been repealed. Although the Ain of 1995 was repealed, by this saving clause the pending cases initiated under the Ain of 1995 have been kept alive and the trials and the..

Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Shafiqul Islam & Others, 2015, 44 CLC (AD)

....he repealed Ain including the appeals pending against any order, judgment or sentence shall continue as if the Ain of 1995 has not been repealed. Although the Ain of 1995 was repealed, by this saving clause the pending cases initiated under the Ain of 1995 have been kept alive and the trials and the..

Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86

Hasina Ahmed Vs. State, 2015, 44 CLC (HCD)

....uty Commis­sioner, Pabna by his order dated 22-4-1974, under section 3 of the Special Powers Act, detained him for a period of thirty days and thereafter the Government on 24-5-1974, passed under clause (a) of section 3(1) of the Special Powers Act, an order of detention until further orders, on..

Category: Criminal Law, Procedural Law | Date: 20 Apr, 2015 | Hits: 2

Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)

....ed and at the time agreed upon. In a mortgage by conditional sale the right of redemption subsists notwithstanding that the mortgagor has failed to pay at the time stated. By addition of a proviso to clause (c) of section 58 of the Transfer Property Act by the amending Act in 1929, the position has ..

Category: Property Law | Date: 14 Mar, 2015 | Hits: 45

Aminul Karim (Md.) Vs. Government of Bangladesh and others, 2015, 44 CLC (HCD)

....he unpaid/dishonoured cheque(s) on demand by the payee or, as the case be, by the holder in due course of the cheque(s) in writing within thirty days of the receipt of such notice as pro­vided in clauses (b) and (c) respectively of sub­section (1) of section 138 of the Act.......(13) Wr..

Category: Banking Law, Procedural Law | Date: 9 Mar, 2015 | Hits: 0

Nurul Huda (Md.) Vs. State, represented by the DC, Lalmonirhat, 2015, 44 CLC (AD)

....ent for life if anyone attempts to cause death of a ‘নারী’ for dowry and in both the cases, fine has to be also imposed. So, in order to convict a person and to sentence him under clause-(ka) of section 11, there must be evidence that a person so charged either caused death of a ..

Category: Criminal Law, Women and Children | Date: 8 Mar, 2015 | Hits: 18

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

....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

Sohan Kumar Agarwala Vs. Assistant Registrar, Department of Patents Designs and Trade Marks and another, 2015, 44 CLC (AD)

....assignment dated 30-12-2003, as on that date, the trade mark 'Dulhan' was not used in the same business registered earlier. 6. In support of his submission, Mr. Amir-ul-Islam referred to clause (a) of the proviso to section 30 of the Trade Marks Act, 1940 (the Act, 1940). He has further..

Category: Intellectual Property Law | Date: 9 Feb, 2015 | Hits: 20

Islami Bank Bangladesh Limited, Head Office-40, Dilkusha C/A, Dhaka-1000 Vs. The Commissioner of Taxes, Audit Wing, Large Taxpayer’s Unit, Dhaka, 2015, 44 CLC (HCD)

....by this Division in those reference applications, in which one of us was a party, that,- “……… the expenditure made by the assessee under the head Zakat does not come within clause (XXVII) of section 29(1) of the Ordinance , 1984, therefore, the same cannot be a deductible ..

Category: Fiscal/Taxation Law | Date: 11 Jan, 2015 | Hits: 1

Islami Bank Bangladesh Limited Vs. Commissioner of Taxes, 2015, 44 CLC (HCD)

....by this Division in those reference applications, in which one of us was a party, that,- “……… the expenditure made by the assessee under the head Zakat does not come within clause (XXVII) of section 29(1) of the Ordinance , 1984, therefore, the same cannot be a deductible ..

Category: Fiscal/Taxation Law | Date: 11 Jan, 2015 | Hits: 58

Bangladesh Rural Advancement Committee (BRAC) Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)

...., and in the case of property so held in part for such purposes, the income applied, or finally set apart for application, thereto: Provided that in the case of income derived from business this clause shall not apply unless the business is carried on, on behalf of a religious or charitable ins..

Category: Fiscal/Taxation Law | Date: 24 Dec, 2014 | Hits: 0

Singer Bangladesh Ltd Vs. National Board of Bangladesh, 2014, 43 CLC (HCD)

....vouchers, documents, cash, stamps, securi­ties, stores or other government property in the possession of any person in the service of the Republic. (2) Without prejudice to the provisions of clause (1), if it is prescribed by law in the case of any body corporate directly established by law..

Category: Constitutional Law, Fiscal/Taxation Law | Date: 15 Dec, 2014 | Hits: 5

Government of Bangladesh and others Vs. Md. Mojibul Haque & others, 2014, 43 CLC (AD)

....rinci­ples of natural justice as well as for infringement of fundamental rights, guar­anteed by the Constitution, or of any other law, in respect of matters relating to or aris­ing of sub-clause (a), but such Tribunals cannot, like the Indian Administrative Tribunals in exercise of a mor..

Category: Constitutional Law, Employment/Service Law | Date: 25 Nov, 2014 | Hits: 20