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Abdullah (Md) and others Vs. Majibul Huq and others, 2003, 32 CLC (HCD)

....No. 14 dated 30‑5‑2001 be set aside and the application dated 20‑5‑2001 be allowed. However, there will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 528. ......er J. - In this Rule the plaintiff petitioner challenged order No. 14 dated 30‑5‑2001 passed by the learned Assistant Judge, Sonagazi, Feni in Title Suit No. 46 of 2000 rejecting the petitioner's application for calling for the records of Title Suit No. 134 of 1958 and accordingly, the opposite ..

Category: Civil Law | Date: | Hits: 75

Dr. Ahmed Husain Vs. Chairman, Bangladesh Telegraph and Telephone Board, Dhaka and others, 1997, 26 CLC (HCD)

.... without any order as to cost. Stay order granted earlier in respect of realisation of the disputed portion of VAT is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 115. ...... 13. The other relevant sections of the VAT Act referred to by Mr. Mahmudul Islam are sections 20, 21 and 73 which are taken up now for a better understanding of the value added tax system and dick application in the instant case. Section 20 is to the effect: (২০) বোর্ড এই ..

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

Debesh Chandra Bhattacharya and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

....h the observation that this judgment will have no bearing on the fate of the Partition Suit/Appeal . There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 525. ......the schedule to the plaint of the suit to the petitioners on the basis of a deed of gift and a deed of sale bearing Nos. 532 and 533 respectively on 15-­1‑1985. The government, thereafter filed an application under section 151 of the Code for restoration of the Miscellaneous Case No. 32 of 1983 f..

Category: Property Law | Date: | Hits: 67

Animal Protection Society Chittagong Vs. Laxman Chadra Das & others, 2003, 32 CLC (HCD)

....he deposit account of the Public Account of the Republic as provided under section 10(2) of the Ordinance. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 522. ...... further declaration that the plaintiff society was alone entitled to receive the compensation as awarded in LA Case No. 26 of 1998‑99. 3. On or about 13‑7‑2000 defendant Nos. 6 to 8 made an application under Order VII rule 11 read with section 151 of the Code of Civil Procedure for rejecti..

Category: Property Law | Date: | Hits: 61

Abdul Gafur alias Kana Mia and others Vs. Md Nurul Islam, 2004, 33 CLC (HCD)

....ed Magistrate would be at liberty to consider the bail of the accused-petitioner. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 519. ......K Pal with Surojit Bhattacherjee, Advocates ‑ For the Complainant Opposite Party. Criminal Miscellaneous Case No. 2963 of 2000. Judgment Md. Ashfaqul Islam J. - This Rule arising out of an application under section 561A of the Code of Criminal Procedure at the instance of the petitioners ..

Category: Criminal Law | Date: | Hits: 94

IFIC Bank Ltd. and others Vs. Beximco Holdings Ltd. and others, 2004, 33 CLC (HCD)

....ion for temporary injunction is also dismissed. Connected Civil Rule No. 654 (FM) of 2004 is accordingly disposed of. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 154.......J IFIC Bank Ltd. and others.................................Appellants Vs. Beximco Holdings Ltd. and others ...................Respondents Judgment November 8, 2004. Results: The application is allowed. Lawyers Involved: Mahmudul Islam with AQM Shafiullah, Advocates—For ..

Category: Civil Law | Date: | Hits: 71

Abdur Rashid Chowdhury Vs. CA Hamid and Co. Ltd. and others, 2005, 34 CLC (HCD)

....he register of members of the company. Respondent No.2, Registrar, is directed to rectify the share register of the company, accordingly. Ed. This Case is also Reported in: 57 DLR (2005) 148. ....... Abdur Rashid J Abdur Rashid Chowdhury............................Petitioner Vs. CA Hamid and Co. Ltd. and others.............Respondents Judgment February 8, 2005. Results: The application is allowed. Cases Referred to- Mohibul Ahsan Vs. Ittefaq Group of Publications, 50..

Category: Company Law | Date: | Hits: 232

Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd. Vs. State, 2004, 33 CLC (HCD)

.... is hereby quashed. The petitioner is discharged from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 145. ......report on 30-6‑2003 observing that the petitioner had misappropriated the money and thereby he had committed an offence punishable under section 408 of the Penal Code. Petitioner thereupon filed an application under section 241A Cr.P.C. for discharge on the ground that the first information report..

Category: Criminal Law | Date: | Hits: 89

Safiqur Rahman (Md.) and others Vs. Ambia Khatoon and others, 2004, 33 CLC (HCD)

.... Case No.5 of 1998 as passed at the time of the issuance of the Rule for a period of 3(three) months and subsequently extended is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 143. ...... Tenancy Act was not maintainable. According to the pre-emptees, the Miscellaneous case was not filed by pre‑emptor Nos.1, 2, 4, 5, 6 and 7 and their signatures in the vokalatnama and Miscellaneous application were forged and fabricated and prayed for dismissal of the case. 4. Aforesaid Miscell..

Category: Property Law | Date: | Hits: 52

SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)

....judgment be sent to the Secretary, Ministry of Law, for his perusal and necessary action and the Secretary, Law Reforms Commission, Dhaka. Ed. This Case is also Reported in: 57 DLR (2005) 128. ......am J SMA Matin Sarker.............................Petitioner Vs. Bangladesh Jute Mills Association and another...................Respondents Judgment March 28, 2004. Results: The application is dismissed. Cases Referred to- Webb Vs. Stanton, (1883), 11 QBD 518; Bancharam M..

Category: Employment/Service Law | Date: | Hits: 144

Chief Election Commi­ssioner and 3 others Vs. Controller and Auditor General of Bangladesh and 4 others, 2004, 33 CLC (HCD)

....on Commissioners are guaranteed under Article 147(1) and (2) and cannot be varied to their disadvantage even by an Act of Parliament. Besides, appointment to the post of an Election Commissioner is a fresh appointment and not a re‑employment to a government service. It has no nexus with the earlie......78, in respect of their other privileges, the question of applicability of the Supreme Court Judges (Leave, Pension and Privileges) Ordinance, 1982 (Ordinance No. XX of 1982), shall have no manner of application so far the petitioners are concerned since the Ordinance No. XX of 1982 has not been ref..

Category: Employment/Service Law | Date: | Hits: 99

Daulatpur Ice Cold Storage Ltd. and another Vs. Chairman, Power Development Board and others, 1999, 28 CLC (HCD)

....­1994 evidenced by Annexure 'H' to the application is declared to have been issued without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 109. ......, for a declaration that the said bill is illegal, void and without jurisdiction and that the petitioners are not bound to pay the said bill and the said suits were pending at the time of moving this application. After the passing of the order by the learned Magistrate in the aforesaid criminal case..

Category: Others | Date: | Hits: 135

Al-Imran Ali and others Vs. Sudangshu Kumar Banik and others, 2004, 33 CLC (HCD)

....2001 is hereby set aside. Since it is a long pending suit the trial Court is directed to dispose of the same as expeditiously as possible. Ed. This Case is also Reported in: 57 DLR (2005) 106.......defendant No.3. The defendant No.30 further submitted an additional written statement (Annexure-C) apparently after about 24 years of his first written statement dated 19‑8‑1977 accompanied by an application (Annexure-D) for acceptance of the additional written statement wherein he denied for th..

Category: Property Law | Date: | Hits: 50

Rezaul Karim Razu Vs. State, 2004, 33 CLC (HCD)

....appeal is dismissed. The stay order granted earlier by this Court is hereby vacated. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 57 DLR (2005) 104. ......t effect on the same date. 3. Police, on completion of investigation, submitted charge sheet under section 19(f) of the Arms Act against the accused appellant. 4. The accused appellant filed an application for his discharge from the case but the learned Tribunal rejected the same without consi..

Category: Criminal Law | Date: | Hits: 78

Dada Engineering Ltd. Vs. Commissioner, Customs Excise and VAT Commissionerate and other, 2010, 39 CLC (HCD)

....08 (Anriexure-F) and dated 3-9-2008 (Annexure-I) are hereby declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (2011) 61. ......587 of 2002. 8. He submits that the said ad-interim order is only applicable in case of Gameon Ltd. who is the respondent in the said leave petition and hence there is no scope to direct a general application of the said order unless the Civil Appeal has been disposed of in favour of the NBR and ..

Category: Fiscal/Taxation Law | Date: | Hits: 140

Sardar Jan Mohammad and another Vs. Lutfannessa and others, 2004, 33 CLC (HCD)

....side. Learned Subordinate Judge is directed to hear and dispose of the Suit in accordance with law, expeditiously. Send down the record. Ed. This Case is also Reported in: 56 DLR (2004) 514. ......fer renumbered as Title Suit No. 261 of 1997. Defendant Nos. 1 to 5 jointly and defendant No. 7 alone appeared and filed two separate statements. 3. Then, defendant Nos. 1 and 7 jointly made an application under Order VII rule 11 clause (a) of the Code of Civil Procedure for rejection of the p..

Category: Property Law | Date: | Hits: 61

Lalit Kumar Roy and 2 others Vs. Krishnapada Biswas & others, 2002, 31 CLC (HCD)

....held. Order of status quo as granted at the time of issue of the Rule on 16-8-99 is recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ...... Petitioners. Subash Chandra Saha—For Opposite Party No.1. Civil Revision No. 2817 of 1999. Judgment Md. Abdur Rashid J.- This Rule was obtained by the plaintiffs upon making a revision application under section 115 of the Code of Civil Procedure against judgment and decree dated 8‑7..

Category: Property Law | Date: | Hits: 64

Intertek Testing Service (BD) Ltd. and another Vs. President, Appellate Tribunal, Customs, Excise and VAT, Dhaka and others, 2003, 32 CLC (HCD)

.... hence, of no legal effect. The Appellate Tribunal is hereby directed to dispose of the appeals in accordance with law as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 74. ......e Tribunal saying that the deposit as demanded would be undue hardship upon the petitioner company and prayed for consideration of the appeal without such deposit. The Tribunal, however, rejected the application as well as the appeal by its order dated 25‑8‑2002. Hence, the Rule. 8. All other..

Category: Fiscal/Taxation Law | Date: | Hits: 122

Padma Oil Co. Ltd. Vs. SM Nurul Islam and others, 2002, 31 CLC (HCD)

.... as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 505. ......itioner-company without giving him any charge-sheet, without affording him any opportunity to defend his case, without holding any inquiry and without giving any second show cause notice. He filed an application to the petitioner ­company for reconsideration and reinstatement in his job on 14‑7..

Category: Employment/Service Law | Date: | Hits: 122

Mehedi Hasan Vs. State, 2011, 40 CLC (HCD)

....(seventeen) abandoned houses for sale at the evaluated price recommended by the said Price Evaluation Committee and one house at the tender price to the highest bidder and directed RAJUK for floating fresh notice for tender in respect of the rest of the houses; that the accused No.1 allegedly having...... for the ACC submits that the interference under section 561A of the Code is not called for at this stage, hence he prayed for discharging the rule. We have heard the learned advocates perused the application filed under section 561A, supplementary affidavit, annexure and the materials on record...

Category: Administrative Law | Date: | Hits: 173