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Mozam and others Vs. State, 2006, 35 CLC (HCD)
....offence. Send down the lower Court's records at once with a copy of this judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 276.......se of Seraj Talukder vs. State reported in 3 BLC 182 it is held that in absence of sign of rape in the medical report and non examination of wearing clothes made the whole case doubtful The aforesaid principle is wholly applicable in the present case. 30. In view of the aforesaid evidence on ......offence. Send down the lower Court's records at once with a copy of this judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 276...Category: Criminal Law | Date: | Hits: 82
....quashed.
Order of stay granted at the time of issue of the Rule is hereby recalled and vacated.
Communicate at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 274.
......quashed.
Order of stay granted at the time of issue of the Rule is hereby recalled and vacated.
Communicate at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 274.
......19-12-2000, the petitioner stated that due to wrong impression that said supplementary duty could not be deposited. It was under the impression that supplementary duty could be adjusted with the huge amount of VAT already deducted at source. The petitioner had never intended not to pay supplementary..
Category: Fiscal/Taxation Law | Date: | Hits: 63
....le is hereby recalled and vacated.
There is no order as to costs.
Send down the lower Court record at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 270, 26 BLD (HCD) (2006) 634.
......s issues were framed including maintainability of the suit, limitation, whether or not the suit was barred under section 42 of the Specific Relief Act and whether or not the suit was barred under the principle of estoppel, waiver and acquiescence and whether or not the plaintiffs' were entitled to g......le is hereby recalled and vacated.
There is no order as to costs.
Send down the lower Court record at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 270, 26 BLD (HCD) (2006) 634.
..
Category: Property Law | Date: | Hits: 27
....ormer post and allow him to continue in service with all attending benefits within 30 days from the date of receipt of copy of this judgment.
Ed.
This Case is also Reported in: 59 DLR (2007) 258.......nd finally as the judge to pass the impugned order of discharge based on inquiry report which was obtained behind the back of the petitioner. Thus, the procedure followed was totally violative of the principle of natural justice and the procedural safeguards provided for in the Regulation No. 861 ......ormer post and allow him to continue in service with all attending benefits within 30 days from the date of receipt of copy of this judgment.
Ed.
This Case is also Reported in: 59 DLR (2007) 258...
Category: Employment/Service Law | Date: | Hits: 67
Syed Ziaul Hasan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....tity module (SIM) Card according to the price fixed i.e. Taka 1800. There will be no order as to costs. Ed This Case is also Reported in: 59 DLR (2007) 238, 26 BLD (HCD) (2006) 366. ......ards by a company namely, Tele Talk Bangladesh Limited, long before the issuance of the SRO dated 9-6-2005, but the said company did not deliver the SIM Cards to the petitioners before that date. The principle of imposition of VAT does not depend upon the selection of a person or company. VAT is col...... their SIM Cards, but since the government has imposed VAT of Taka 900 under the VAT Act against all SIM Cards of all mobile phone operators the petitioners are liable to pay the same. The additional amount was fixed at Taka 1200. The intending purchasers are required to pay the price of the Card al..Category: Fiscal/Taxation Law | Date: | Hits: 131
Abdul Alim Vs. Biswajit Dey and another, 2007, 36 CLC (HCD)
....lt, this Rule is discharged. The order of stay granted earlier by this Court is vacated. Communicate this order at once. Ed. This Case is also Reported in: 59 DLR (2007) 236 . ......lt, this Rule is discharged. The order of stay granted earlier by this Court is vacated. Communicate this order at once. Ed. This Case is also Reported in: 59 DLR (2007) 236 . ......wing of the cheque, (ii) presentation of the cheque, (iii) returning of the cheque unpaid by the drawee bank, (iv) giving notice in writing to the drawer of the cheque demanding payment of the cheque amount and (v) failure of the drawer to make payment within 15 days of receipt of the notice. As per..Category: Criminal Law | Date: | Hits: 50
Khalilur Rahman Vs. State, 2007, 36 CLC (HCD)
....lilur Rahman. We find no merit in these appeals. These appeals are dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 227 . ......lilur Rahman. We find no merit in these appeals. These appeals are dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 227 . ......g his father and brother with a view to grab the entire paternal property and that after getting the news of death of his father and the brother, he returned home and then he had paid the contractual amount after selling lands. In view of the above, we find that the learned Additional Sessions Judge..Category: Criminal Law | Date: | Hits: 38
Shahella Chowdhury Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
....no legal effect; and they are accordingly quashed. Order of stay granted on 23-506 is also recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 213. ......no legal effect; and they are accordingly quashed. Order of stay granted on 23-506 is also recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 213. ......ure and he offers no explanation about the nature and source of the money for such expenditure, or the explanation offered is not in the opinion of the Deputy Commissioner of Taxes, satisfactory, the amount of the expenditure shall be deemed to be the income of the assessee for such income year clas..Category: Fiscal/Taxation Law | Date: | Hits: 69
Dhaka City Corporation and others Vs. Shamsur Rahman and others, 2007, 36 CLC (HCD)
....f Exhibits 7, 8/Ka, 9 and 10 found in clear terms that out of required 0.3018 acre, 0.0583 acre was used by the requiring body in building foot-path and road and the government derequisitioned in two installments 0.2435 acre and received back proportionate price of said released land. 41. The......ring with peaceful possession of the plaintiff in the suit land, in any way, as prayed for. Send down the records, at once. Ed. This Case is also Reported in: 59 DLR (2007) 207. ......release. When by an order dated 8-4-86 the plaintiff was asked to return Taka 5229.90 proportionate price of the released land out of the compensation received, the plaintiff on 8-4-86 deposited said amount by treasury 'Chalan'. Then, pursuant to the final order of release dated 19-4-86, the governm..Category: Property Law | Date: | Hits: 32
Abdul Halim (Md.) Vs. Abul Hasan Chowdhury Kaiser and others, 2001, 30 CLC (HCD)
....ave become infructuous. In the result, the Rules in both the writ petitions are discharged being infructuous without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 42.......ave become infructuous. In the result, the Rules in both the writ petitions are discharged being infructuous without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 42.......…… ………………………………………………………………………………….”. 11. The said clause (c) requires to give an ordinary meaning and to do otherwise would amount to violating the language and expression used therein. Article 66(2)(c) should therefore be c..Category: Administrative Law | Date: | Hits: 356
Shahidullah (Md) Vs. Eastern Bank Ltd. and others, 2001, 30 CLC (HCD)
....ith law and the same shall be disposed of expeditiously, preferably within three months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 41.......ith law and the same shall be disposed of expeditiously, preferably within three months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 41.......opposite party No. 2 was credit worthy and granted him back to back credit and CC limit facilities. The opposite party No. 2 on behalf of International Corporations of Saudi Arabia opened a LC for an amount of US $ 32,000 and requested the plaintiff bank for an advance of 60% of the LC amount which ..Category: Civil Law | Date: | Hits: 69
Md. Ali Haider & Ors. Vs. State and others, 1987, 16 CLC (HCD)
.... the charge. They shall be set at liberty forthwith if not wanted in connection with any other case. Amin-ur-Rahman Khan J. – I agree Ed. This Case is also Reported in: 40 DLR (1988) 97. ......and un-impeachable evidence. It is to be borne in mind that uncertainty in evidence before the court is due to nature and quality of that evidence. In a criminal trial presumption of innocence is a principle of cardinal importance and so guilt of the accused must be proved beyond reasonable do...... the charge. They shall be set at liberty forthwith if not wanted in connection with any other case. Amin-ur-Rahman Khan J. – I agree Ed. This Case is also Reported in: 40 DLR (1988) 97. ..Category: Criminal Law | Date: | Hits: 30
Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)
....on of the judgment is stayed for 4 (four) weeks from date. There will however be no order as to costs. Amirul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 72.......n to pass an order for attachment against the proceeds of letter of credits payable to a supplier by a Commercial Bank for any alleged dispute between the buyer and the seller and this is the basic principle which the civil court has consistently followed in respect of International Commercial T...... of Taiwan origin which are very much inferior in quality and the price of the said machineries arc much lower and according to the plaintiff this non supplying of machineries according to the indent amounts to a breach of the terms of the contract for which they have sustained a loss of U.S.A 3142 ..Category: Business or Commercial Law | Date: | Hits: 209
State Vs. Mizanul Islam alias Dablu & another, 1987, 16 CLC (HCD)
....s hereby set aside and he is set at liberty forth with if not wanted in connection with any other case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58.......s hereby set aside and he is set at liberty forth with if not wanted in connection with any other case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58.......s it bore a stitch mark of thread. Of course, she did not state this fact to the Investigating Officer Md. Liakat Hossain (P.W.15). Omission to mention this fact to the investigating Officer does not amount to contradiction inasmuch as section 162 Cr.P.C. permits limited use of the statement made to..Category: Criminal Law | Date: | Hits: 61
M/s. Ayat Ali Bhuiyan & Company Ltd. Vs. Janata Bank, 1987, 16 CLC (HCD)
....bservation made above. Therefore, we make Rule absolute in the above terms without any order as to costs. ARM Amirul Islam J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 56.......bservation made above. Therefore, we make Rule absolute in the above terms without any order as to costs. ARM Amirul Islam J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 56.......C No.765 as credit balance in the Mitford Branch of the said Bank. In the said suit, the petitioner further prayed for a decree for damages for Tk. 8,70,000/- for illegally withholding payment of the amount lying in the said account of the petitioner with the opposite party Bank. Prior to the instit..Category: Civil Law | Date: | Hits: 88
....eceipt of the copy of this judgment.
In the result, the Rule is disposed of with the aforesaid observation without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 35.
......eceipt of the copy of this judgment.
In the result, the Rule is disposed of with the aforesaid observation without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 35.
...... Bills from February, 1994 to July 1997 at the high excess and unusual rate under compelling circumstances vis-a-vis to keep the Mills running although on protest in writing several times and thus an amount of Taka 47,77,250.18 was paid in excess payment than the actual meter reading under protest. ..
Category: Civil Law | Date: | Hits: 115
....Plaint of the suit having been rejected, no separate order needs to be passed on the application of defendant No. 3 for striking out its name.
Ed.
This Case is also Reported in: 54 DLR (2002) 17....... application for stay of further proceedings of the suit.
25. Now, we shall consider the moot issue raised as to whether the suit is barred by the provisions of section 32 of the Act or hit by the principles of res judicata under section 11 of the Code and the plaint is accordingly liable to be r......rovided that no application challenging the existence or validity of an award or for having its effect determined shall be entertained by the Court unless the applicant had deposited in the Court the amount which he is required to pay under the award or has furnished security to the satisfaction of ..
Category: Civil Law | Date: | Hits: 101
Gazi Tayebur Rahman Vs. Saikh Md. Ali and others, 2002, 31 CLC (HCD)
....preferably within 3 months from the date of receipt of this order by the lower Court. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 29.......Civil Procedure, but when the default is for non taking of step for filing postal requisites, can it be set aside by the same trial Court invoking section 151 of the Code. On this legal question, the principle as evolved in the case of Rafiqul Islam and another Vs. Abul Kalam and others reported in ......preferably within 3 months from the date of receipt of this order by the lower Court. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 29...Category: Property Law | Date: | Hits: 36
....hout lawful authority and to be of no legal effect.
In the result, the Rules are discharged without however any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 112. ......hout lawful authority and to be of no legal effect.
In the result, the Rules are discharged without however any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 112. ......22-4-1985 vide Annexure-E. Thereafter, petitioner No.1 and the other owners filed an application on 2-5-1985 to the Additional Deputy Commissioner (LA), Dhaka expressing their readiness to refund the amount of compensation they had received and to have the land released in their favour vide Annexure..
Category: Property Law | Date: | Hits: 31
Osman Ali (Md) Vs. Md. Makbul Hossain and Others, 1999, 28 CLC (HCD)
....se of the case within 3 months from the return of service of notice for hearing upon the parties after the receipt of the case record. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 109. ......ugned order for ends of justice. 13. I have read the decisions cited by the learned Advocate for the petitioner. In the case reported in 28 DLR 252 a Division Bench of this Court just restated the principle that the power under section 151 of the Code should be used in limited and a sparing manne......se of the case within 3 months from the return of service of notice for hearing upon the parties after the receipt of the case record. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 109. ..Category: Civil Law | Date: | Hits: 69
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