Judgment search - Chancery Law Chronicles

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Sharifuddin and others Vs. Commissioner of Customs and others, 2009, 38 CLC (AD)

....ferent statute not mentioned in section 30A of Customs Act has no nexus with VAT Act and further Customs Act and VAT Act though taxing statutes, operate in different fields and as held in the case of Bangladesh Vs. Abdul Mannan, 29 DLR SC 17 there is no question of deeming the unincorporated provisi....... The appeals are therefore allowed without any order as to cost. The civil petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ....... The appeals are therefore allowed without any order as to cost. The civil petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ......vested right acquired by the appellants acting on the exemption notification as the government is barred by the principle of promissory estoppel…………………………………………(36) Lawyers Involved: Mahmudul Islam, Senior Advocate (Probir Neogi, Advocate and Zakir Hossain Munsh..

Category: Fiscal/Taxation Law | Date: | Hits: 128

Md. Enamul Haque Vs. Md. Ekramul Haque and others, 2011, 40 CLC (HCD)

....at he will not get fair justice before the Court presided over by the learned Judge, Mr. Abdur Rashid Mia. Learned Advocate in support of his submission relied on some of the decisions of India and Bangladesh jurisdiction. 6. Mr. Md. Iqbal Hossain, learned Advocate, for the opposite party, on t......of the suitsexpeditiously preferably within 6(Six) months from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 263. ......of the suitsexpeditiously preferably within 6(Six) months from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 263. ...... 589; Shamsul Vs. Mozammel, 27 DLR 43; Anwar Vs. Mahd., 47 DLR 530; Elias Vs. Suraiya, 1981 BLD 147; Kashem Vs. Md. 10 BLC 392; Standard Bank Vs. Farook, 10 BLC 414; Zahir Vs. Yakuab, 43 DLR 168. Lawyers Involved: Syed Mokaddas Ali, Advocate - For the Petitioner. Md. Iqbal Hoss..

Category: Procedural Law | Date: | Hits: 179

LMJ International Ltd. India Vs. MV BK Ace and others, 2010, 39 CLC (HCD)

.... Judgment December 7, 2010. Result: The suit is disposed of with direction. The Customs Act, 1969 (Act No. IV of 1969); section 73 Whenever vessel comes into the territorial water of Bangladesh with the Bangladesh bound cargo it must discharge the same in accordance with the provisi......n application for facilitating the parties to inform this Court about the compliance of the order, by way of affidavit of compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 256. ......n application for facilitating the parties to inform this Court about the compliance of the order, by way of affidavit of compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 256. ......KYCR Coil Industries Ltd. Vs. MV Thor Transity, 10 BLC 663; Szehali Tong Bank Ltd. Vs. Rember Cycle Company Ltd., 2959 AC 576; KYCR Coil Industries Ltd. Vs. MV Thor Transity and other, 10 BLC 663. Lawyers Involved: Moinul Hosein, Senior Advocate - For the Plaintiff. M Hafizullah..

Category: Admiralty Law or Maritime Law | Date: | Hits: 490

Abdul Karim Vs. Land Acquisition Officer, Comilla and others, 2006, 35 CLC (HCD)

....tional Commissioner, Dhaka Division, 41 DLR 326; Abdul Kader Vs. Masaddar Ali, 3 BLC (AD) 211; Jaichand VWO AIR 1967 SC 483; Abdur Rauf Vs. Abdul Hakim, 17 DLR (SC) 515; Khandoker Moshtaque Ahmed Vs. Bangladesh, 34 DLR (AD) 22. Lawyers Involved: AKM Fazlul Hoque, Advocate - For the petitioner.......e without lawful authority. With the foresaid findings and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ......e without lawful authority. With the foresaid findings and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ......sion, 41 DLR 326; Abdul Kader Vs. Masaddar Ali, 3 BLC (AD) 211; Jaichand VWO AIR 1967 SC 483; Abdur Rauf Vs. Abdul Hakim, 17 DLR (SC) 515; Khandoker Moshtaque Ahmed Vs. Bangladesh, 34 DLR (AD) 22. Lawyers Involved: AKM Fazlul Hoque, Advocate - For the petitioner. Zaman Akhtar, Deputy Attorn..

Category: Property Law | Date: | Hits: 85

Kartick Chandra Das and another Vs. State, 2012, 41 CLC (HCD)

....ght to justify his alleged assertion during the course of trial but that cannot be any ground to quash the proceeding when the trial has already been started. Cases Referred to- Rezaul Bari Vs. Bangladesh, 16 BLC 54; Golam Sarwar Hiru Vs. State, 13 MLR (AD) 103 = 14 BLC (AD) 26. Lawyers Inv......tunity on priority basis. Communicate the order to the learned Special Judge, Bogra, at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ......tunity on priority basis. Communicate the order to the learned Special Judge, Bogra, at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ......ound to quash the proceeding when the trial has already been started. Cases Referred to- Rezaul Bari Vs. Bangladesh, 16 BLC 54; Golam Sarwar Hiru Vs. State, 13 MLR (AD) 103 = 14 BLC (AD) 26. Lawyers Involved: Md. Abdul Kader Bhuiyan, Advocate - For the Petitioners. Nahid Mahtab,..

Category: Procedural Law | Date: | Hits: 86

Abu Taher Chowdhury and others Vs. Showkat Ali and others, 2012, 41 CLC (HCD)

....he order of status-quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 455. ......he order of status-quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 455. ......he order of status-quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 455. ......��…………………(14) Cases Referred to- Abdur Rashed Khan Vs. Abdus Samad Mondal, 33 DLR 260; 32 DLR (AD) 170; 38 DLR 806; Sova Rani Guha Vs. Abdul Awal Mia, 47 DLR (AD) 45. Lawyers Involved: No one appears - For the Petitioners. Harunur Rashid, Advocate - For t..

Category: Administrative Law | Date: | Hits: 175

Government of Bangladesh Vs. Abdul Malek, 2007, 36 CLC (HCD)

....e is also Reported in: 61 DLR (HCD) (2009) 635. ...... substance in this Rule. Accordingly, the Rule is discharged. There will be no order as to cost. Send down the LC records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 635. ...... substance in this Rule. Accordingly, the Rule is discharged. There will be no order as to cost. Send down the LC records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 635. ......�……..(11) Case Referred to- Hazari Bala Sana Vs. Niron alias Niranjan Mandal, 1997 BLD (AD) 294; Amanatullah Vs. Ali Mohammad Bhuiyan, 1997 BLD (AD) 199 = 2 BLC (AD) 134; 28 DLR (AD) 61. Lawyers Involved: Abul Hashem, Assistant Attorney General — For the Petitioner. Faruque Ahme..

Category: Procedural Law | Date: | Hits: 83

Durga Prasad Singh Hajari Vs. Commissioner of Taxes, Taxes Zone 3, Chittagong, 2007, 36 CLC (HCD)

....lated in the negative and in favor of the assessed and against the revenue. No cost. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 723; 13 MLR (HCD) (2008) 397. ......lated in the negative and in favor of the assessed and against the revenue. No cost. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 723; 13 MLR (HCD) (2008) 397. ......lated in the negative and in favor of the assessed and against the revenue. No cost. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 723; 13 MLR (HCD) (2008) 397. ......r for members of the family of the assessed to file returns of income for assessment…………………………(30) Case Referred to- State Bank of India Vs. Ghamandi Ram, 1969 ASC 1230. Lawyers Involved Mosharaf Hossain and Tapan Kanti Das — For the Applicant. Md. Zakaria Sarke..

Category: Fiscal/Taxation Law | Date: | Hits: 138

Nasrin Jahan (Parul) and others Vs. Khabir Ahmed and others, 2008, 37 CLC (HCD)

....ere married on 24th February, 1995 at a dower amount of Taka 50,000. The couple was blessed with a son and a daughter in the said marriage, the plaintiff Nos.2 and 3. Defendant No.1 is serving in the Bangladesh Rifles. Soon after their marriage the defendant No. 1 treated the plaintiff No. 1 with cr......y attain majority from the defendant No.1 at the rate of Taka 1500 (fifteen hundred) per month. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 697. ......y attain majority from the defendant No.1 at the rate of Taka 1500 (fifteen hundred) per month. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 697. ...... Hameed, ILR 48 Allahabad 625; Khorshed Alam Vs. Amair Sultan, 38 DLR (AD) 133; Md. Alladat Khan Vs. Md. Ismail Khan, 10 ILR (All) 289; Habibur Rahman Chowdhury Vs. Altaf Ali Chowdhury, 48 IA 114. Lawyers Involved: Sirajuddin Ahmed, Advocate — For the Petitioner. None appears — For the ..

Category: Family Law | Date: | Hits: 114

Sree Sree Ananta Dev Chakra Bigrah & others Vs. Bangladesh & others, 1983, 12 CLC (HCD)

....milla Bench) (Civil Appellate Jurisdiction) Present: Sultan Hossain Khan J Md. Abdur Rouf J Sree Sree Ananta Dev Chakra Bigrah & others……………………Appellants Vs. Bangladesh & others………………………Respondent Judgment April 20, 1983. Resul...... is directed to dispose of the suit within six months from the date of the receipt of the records. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 301. ...... is directed to dispose of the suit within six months from the date of the receipt of the records. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 301. ......f the tanks, yet, it does not make the tanks part of the bazar. By use of water of the tanks no right whatsoever has been created in favour of the users…………………………..(6 & 7) Lawyers Involved: S.C. Das - For the Appellants. J.R. Syed Modassir Hossain - For the St..

Category: Property Law | Date: | Hits: 74

Ocean Accessories Limited and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)

....ature of certiorari would always be justified even though a right of statutory appeal had not been availed of. Cases Referred to- Zahur Ahmed Vs. Commissioner of Customs and others, 51 DLR 206; Bangladesh Bank and others, Vs. Zafor Ahmed Chowdhury and another, 50 DLR (AD) 175; M.A. Hye, Md. Wa......Ashfaqul Islam J SM Emdadul Hoque J Ocean Accessories Limited, Represented by Managing Director, E-19/6, Merul Badda, Gulshan, Dhaka and another……………………Petitioner Vs. The National Board of Revenue, represented by its Chairman, Rajashwa Bhaban, Segunbagicha, Dhaka-1000 an......y submits that he will not press for refund of the amount in question since it has been already paid up as mentioned in the petition. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 441. ......, 50 DLR (AD) 175; M.A. Hye, Md. Wazed Ali and Mohammad Moslem Vs. TCB, 40 DLR (AD) 206; Chittagong Engineering and Electric Supply Company Ltd. Vs. Income Tax Officer and others, 22 DLR (SC) 443. Lawyers Involved: Mahmudul Islam with Mohammad Hossain, Advocates - For the petitioners. ..

Category: Fiscal/Taxation Law | Date: | Hits: 174

Salam Mollick (Md.) Vs. State, 1996, 25 CLC (HCD)

.... the Rule is discharged with the observation made above and the order of stay the stands vacated. Send down the LC records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 329. ...... the Rule is discharged with the observation made above and the order of stay the stands vacated. Send down the LC records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 329. ...... the Rule is discharged with the observation made above and the order of stay the stands vacated. Send down the LC records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 329. ...... the hardship on the part of female accused to appear regularly in the Court at a distant place, the Magistrate may consider any prayer on their part for appearance in the Court through a Lawyer. Lawyers Involved: Syed Ziaul Karim, Advocate ‑ For the Petitioner. ARM Nazmul Ahsan, ..

Category: Procedural Law | Date: | Hits: 120

Nurul Hoque Vs. Bazal Ahmed and 3 others, 1995, 24 CLC (HCD)

.... law declared by the Appellate Division is binding on all Courts including the High Court Division and the law declared by either Division of the Supreme Court is binding on all subordinate Courts in Bangladesh. So, the learned Additional Sessions Judge labouring under the misconception of law follo......f the Code and then to proceed in accordance with law. Communicate the order to the Courts below and send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 327. ......f the Code and then to proceed in accordance with law. Communicate the order to the Courts below and send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 327. ...... the learned Magistrate to issue process…………………………..(4) Cases Referred to- Md. Sharif and others Vs. Md. Baharuddin Chowdhury and the State, 30 DLR 344; 29 DLR (SC) 256. Lawyers Involved: Not Represented - Petitioner. ..

Category: Criminal Law | Date: | Hits: 138

Razia Khanam Vs. Md. Shamuzzoha Khan & Others, 2007, 36 CLC (HCD)

.... granted by this Court dated 5.9.2005 is hereby vacated. 30. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 355. ......ry Education Rajshahi Vs. Md. Mirajul Alam, 47 DLR (AD) 167; Dhunat Degree College Vs. Md. Abdus Samad, 49 (HCD) DLR 38; Dipak Chandra Vs. Salatin Rasel and others, 2 BLC 391; Abu Hasan Vs. Chairman, National Board of Revenue, 32 DLR 55. Lawyers Involved: Mohammad Ozair Farooq with Sk. Md. Mor...... granted by this Court dated 5.9.2005 is hereby vacated. 30. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 355. ......m, 47 DLR (AD) 167; Dhunat Degree College Vs. Md. Abdus Samad, 49 (HCD) DLR 38; Dipak Chandra Vs. Salatin Rasel and others, 2 BLC 391; Abu Hasan Vs. Chairman, National Board of Revenue, 32 DLR 55. Lawyers Involved: Mohammad Ozair Farooq with Sk. Md. Morshed and Md. Shakhawat Hossain - For the ..

Category: Employment/Service Law | Date: | Hits: 118

Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)

.... 1160413, year of Manufacture-2006, Capacity-4700 CC, and country of Origin Japan by opening a letter of credit dated 21.08.05, hereinafter referred to as the vehicle. After arrival of the vehicle in Bangladesh, the petitioner got it cleared on 06.09.06 by submitting necessary shipping documents and......Shahidul Islam @ Mufti Shahidul Islam, son of late Shamsul Haq Sarder of 21/17 Babar Road, Mohammadpur, Dhaka, Permanent address 1/D, 7/17, Mirpur, Dhaka-1612…………………Petitioner Vs. National Board of Revenue, represented by its Chairman, Segunbagicha, Dhaka and others…………�......wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ......karni Vs. State of Maharashtra, (1985) 3 SCC 606 = AIR 1985 SC 1655; Sheik Abdus Sabur Vs. Returning Officer and others, (1989) 41 DLR (AD) 30; A K Rejaul Karim Vs. State, (1988) 36 DLR (AD) 113. Lawyers Involved: Rafiq-ul Huq with Shah Monjurul Huq, Advocates - For the petitioner. Nahid ..

Category: Fiscal/Taxation Law | Date: | Hits: 246

Kamrul Mia and others Vs. State, 2007, 36 CLC (HCD)

....umber of cases within a short span of time the judge may cause grievous fault resulting in a miscarriage of justice…………………………(17) Case Referred to- Muhibur Rahman Manik Vs. Bangladesh, 55 DLR 636; Abdul Kader Mirza Vs. Bangladesh, 56 DLR 31. Lawyers Involved: Saifudd......udge of Druta Bichar Tribunal No. 4, Dhaka in Druta Bichar Tribunal Case No. 27 of 2005 is set aside. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 474. ......udge of Druta Bichar Tribunal No. 4, Dhaka in Druta Bichar Tribunal Case No. 27 of 2005 is set aside. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 474. ......fault resulting in a miscarriage of justice…………………………(17) Case Referred to- Muhibur Rahman Manik Vs. Bangladesh, 55 DLR 636; Abdul Kader Mirza Vs. Bangladesh, 56 DLR 31. Lawyers Involved: Saifuddin Mahmood, Advocate — For the Petitioners. Kazi Md. Sajawar Hossai..

Category: Procedural Law | Date: | Hits: 84

Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)

.... any order as to costs. Cases Referred to Trans Oceanic Steamship Co. Ltd. Vs. Adamjee Insurance Co. Ltd., 46 DLR 23; Gladstone Wyllie Vs. Shahidi Trading Corporation, 10 DLR 307; Albert David (Bangladesh) Ltd. Vs. Brestern Shipping Company Ltd, 1983 BLD 3 =34 DLR 362; Karachi Steam Navigation......file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ......file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ......nsurance Company, 1986 BLD 54; Continental Traders Vs. Bangladesh Textile Mills Corporation, 59 DLR 151; East and West Steamship Co, Georgetown, Madras Vs. SK Ramalinga Chettiax, AIR 1960 SC 1058. Lawyers Involved: Masood R Sobhan with AFM Saiful Karim, Advocates — For the Plaintiff. M Ha..

Category: Limitation Law | Date: | Hits: 174

Mir Daulat Hossain and another Vs. Secretary, National Sports Council and others, 1998, 27 CLC (HCD)

....otice, if any order is passed, that will be violative of the principle of natural justice and as such the order cannot stand…………………………………………(7) Case Referred to- Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 46 DLR (AD) 1. Lawyers Involved: Mahbubu......Daulat Hossain…………………………..Petitioner (Writ Petition No.614 of 1998) Nuruzzaman……………………………..Petitioner (Writ Petition No.689 of 1998) Vs. Secretary, National Sports Council and others………………………….Respondents (In both to Writ Petiti......ting Nuruzzaman as Treasurer of the Shooting Federation is also set aside and the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 561. ......f natural justice and as such the order cannot stand…………………………………………(7) Case Referred to- Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 46 DLR (AD) 1. Lawyers Involved: Mahbubur Rahman with Farah Mahbub, Advocate ‑ For the Petitioner (In both the..

Category: Employment/Service Law | Date: | Hits: 100

Abdul Quader Farazi Vs. Chief Election Commissioner, Bangladesh & others, 1998, 27 CLC (HCD)

....Division (Special Original Jurisdiction) Present: Qazi Shafiuddin J Md. Abdul Aziz J Abdul Quader Farazi………………………..Petitioner Vs. Chief Election Commissioner, Bangladesh & others………………………Respondent Judgment June 28, 1998. Result......s. In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 636. ......s. In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 636. ......d impartially, has the right to interfere with the election and cancel the result and order for re‑polling. ……………………………………(10) Case Referred to- 45 DLR (AD) 53. Lawyers Involved: Md. Amirul Islam with Shahzia Sultana, Advocates ‑ For the Petitioner. Sye..

Category: Election Law | Date: | Hits: 591

FR Garments (Pvt.) Ltd. Vs. Artha Rin Adalat, Dhaka, 2008, 37 CLC (HCD)

....cree passed by the Artha Rin Adalat…………………………(10) Case Referred to- Zahirul Islam Vs. National Bank Ltd. 46 DLR (AD) 191; Gazi M Towfic Vs. Agrani Bank, 54 DLR (AD) 6; Bangladesh Agricultural Development Corporation (BADC) Vs. Artha Rin Adalat, 59 DLR (AD) 6. Lawye......is specific provision in the statute for filing appeal against the judgment and decree passed by the Artha Rin Adalat…………………………(10) Case Referred to- Zahirul Islam Vs. National Bank Ltd. 46 DLR (AD) 191; Gazi M Towfic Vs. Agrani Bank, 54 DLR (AD) 6; Bangladesh Agricul......cted to proceed with the Execution Case No. 658 of 2005 expeditiously. Communicate the judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 296; 61 DLR (HCD) (2009) 223. ......; Zahirul Islam Vs. National Bank Ltd. 46 DLR (AD) 191; Gazi M Towfic Vs. Agrani Bank, 54 DLR (AD) 6; Bangladesh Agricultural Development Corporation (BADC) Vs. Artha Rin Adalat, 59 DLR (AD) 6. Lawyers Involved: Md. Asrarul Hoque, Advocate — For the Petitioner. Akram H Chowdhury,..

Category: Civil Law | Date: | Hits: 170

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