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Khondker Abdul Majed Vs. Tarapada Dey, 1999, 18 CLC (HCD)

....e evidence adduced and the Court has wide discretion in such matter. Mere acceptance of the report should not give rise to any apprehension in the mind of the litigant.” In view of the aforesaid principle of law I am of the view that, there is nothing to be prejudiced or apprehensive of the res......to costs. The order of stay passed earlier by this Court is hereby vacated. Communicate the order to the trial Court expeditiously. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 336. ......Judgment June 28, 1999. Result: The Rule is discharged without any order as to costs. Case Referred to- Md. Abul Quasem Vs. Md. Lutfor Rahman, 10 BLD (1990) (AD) 3 = 43 DLR (AD) 17. Lawyers Involved: Md. Khurshid Alam Khan, Advocate — For the Petitioner. Nazrul Islam Talukd..

Category: Civil Law | Date: | Hits: 122

Hyundai Corporation Vs. Deputy Commissioner of Taxes, Dhaka and another, 1999, 18 CLC (HCD)

....n is not assessable in Bangladesh for the reasons as aforesaid the order of attachment is found to be illegal and without jurisdiction. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 333.......n is not assessable in Bangladesh for the reasons as aforesaid the order of attachment is found to be illegal and without jurisdiction. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 333.......………..Petitioner Vs. Deputy Commissioner of Taxes, Dhaka and another………………..Respondent Judgment March 11, 1999. Result: The reference applications are accepted. Lawyers Involved: Kazi Abdul Gofran with Alimuzzaman Chowdhury and Shamsun Nahar Advocates — Fo..

Category: Fiscal/Taxation Law | Date: | Hits: 254

Abdul Quayuam Khan Vs. Abu Yusuf Mridha, 1997, 26 CLC (HCD)

....e date of such information the period of payment of the amount in question should be calculated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 386. ......e date of such information the period of payment of the amount in question should be calculated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 386. ......Party Judgment November 20, 1997. Result: The Rule is discharged without any order as to costs. Case Referred to- Asadunnessa and others Vs. Kamruzzaman and others, 26 DLR 363. Lawyers Involved: Rafiqul Hossain on behalf of Quamruzzaman, Advocate — For the Petitioner M..

Category: Procedural Law | Date: | Hits: 129

Delicia Dairy Food Ltd. Vs. Collector of Customs and others, 1998, 17 CLC (HCD)

....should be discharged on the said ground. In view of the discussion made above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 381.......should be discharged on the said ground. In view of the discussion made above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 381.......der as to costs. Cases Referred to- Rahima Food Corporation Ltd. Vs. Deputy Collector of Customs and others, 49 DLR 510; Md. Shahidullah Vs. Collector of customs and another, 48 DLR (AD) 58. Lawyers Involved: Zakir Hossain Munshi for Abdul Baset Majumder and Zainul Abedin, Advocates— F..

Category: Fiscal/Taxation Law | Date: | Hits: 189

Assistant Custodian, Vested Property Vs. Jugal Chandra Shaha & others, 1988, 27 CLC (HCD)

....First Court, Patuakhali for disposal of the Miscellaneous Case in ac­cordance with law and in the light of the observation made above. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 473.......First Court, Patuakhali for disposal of the Miscellaneous Case in ac­cordance with law and in the light of the observation made above. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 473.......oner Vs. Jugal Chandra Shaha & others............................Opposite Parties Judgment November 30, 1988. Result: The Rule is made absolute without any order as to costs. Lawyers Involved: A.K.M. Zahirul Huq, with Fakhrul Islam, Ad­vocate - For the Petitioner. Sub..

Category: Limitation Law | Date: | Hits: 275

Sourja Bala Devi Vs. Habibullah Sheikh, 1989, 18 CLC (HCD)

....rovision of Order 41 Rule 27 of the Code of Civil Procedure. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 463.......rovision of Order 41 Rule 27 of the Code of Civil Procedure. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 463.......: The Rule is made absolute without any order as to costs. Cases Referred to- 29 DLR 301; 9 DLR 89; 5 DLR 451; 8 DLR 258; Sasadher Ghose, 53 CWN 694, 699; 5 DLR 43; 6 DLR 434; 9 DLR 394. Lawyers Involved: Faruque Ahmed, Advocate - For the Petitioner. Md. Abdul Kuddus Miah, Advocat..

Category: Property Law | Date: | Hits: 106

Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)

.... outcome can only be that one of them, is or is not liable to do or refrain from doing something at the suit of the other. If there is no defendant whose liability can be established according to the principles of the law, then the plaintiff is left without redress. 27. As will be seen, much of t......ucation as education makes a man a bit responsible. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 483. ......7 Delhi 98; Municipal Corporation of Delhi Vs. Subhagwanti, AIR 1966 SC 1750; Davies Vs. Powel Duffrvn Associated Companied Ltd. 1942 AC 601; AIR 1936 Mad 247; AIR 1959 Punj 297; AIR 1956 Cal 555. Lawyers Involved: Sheikh Fazle Noor Tapash, Mohammad Mehedi Hasan Chowdhury, AKM Rabiul Hasan and..

Category: Civil Law | Date: | Hits: 339

Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)

....ngladesh Food Products Limited Vs. National Bank Limited reported in 13 MLR 253 where it has been held that:- "The High Court Division observed that the Artha Rin Adalat Ain, 2003 is guided by the principles of the Code of Civil Procedure whereby 50% deposit of the decreetal amount to prefer an a......erest within 30 days from the date of receipt of this order. Sent down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 474. ......ali Bank Vs. Artha Rin Adalat, 15 MLR (AD) 20; 62 DLR (AD) 231; Md. Nur Islam Vs. Agrani Bank, 1 MLR 373; Jahan Ara Akhtar Begum Vs. BHBFC, 47 DLR 158; BHBFC Vs. Jahan Ara Akhtar, 49 DLR (AD) 80. Lawyers Involved: AJ Mohammed Ali with Md. Nurul Amin, Advocates - For the Petitioners. Jamiru..

Category: Civil Law | Date: | Hits: 156

Trading Corporation of Bangladesh Vs. Commissioner, Customs, Excise and VAT Commissionarate and others, 2010, 39 CLC (HCD)

....und of the claimed amount of the petitioner forthwith preferably within 1(one) month from the date of receipt of this order positively. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 471.......und of the claimed amount of the petitioner forthwith preferably within 1(one) month from the date of receipt of this order positively. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 471.......h…………..Petitioner Vs. Commissioner, Customs, Excise and VAT Commissionarate and others…………..Respondents Judgment July 18, 2010. Result: The Rule is made absolute. Lawyers Involved: ARM Quiyum Khan with AB Siddique, Advocates - For the Petitioner. SM Moniruz..

Category: Fiscal/Taxation Law | Date: | Hits: 323

Bangladesh Environment Lawyers Association (BELA) Vs. Bangladesh, 2010, 39 CLC (HCD)

....he injunction order granted earlier by this Court stands vacated. Communicate this Judgment and order to the respondents accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 463. ......he injunction order granted earlier by this Court stands vacated. Communicate this Judgment and order to the respondents accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 463. ......lso Reported in: 62 DLR (HCD) (2010) 463. ..

Category: Environmental Law | Date: | Hits: 1019

Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)

....lly it cannot be interfered with under section 115 of the Code of Civil Proce­dure. Even an improper or wrong exercise of discre­tion is not open to revision unless the order is con­trary to legal principles governing the exercise of such discretion or the Court has acted perversely. 21. It ha......and as such it calls for interference. The im­pugned order be set aside and the Rule be made abso­lute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 72. ......h Das Durga Prashad Vs. Panna Lal Ram Richpal Oswal and others, AIR 1969 (Punjab) 57; Abdul Hashem Vs. Saleh Ahmed, 36 DLR (HC) page 303; Amal Kumar Maitra Vs. Md. Mashiur Rahman, 30 DLR (SC) 244. Lawyers Involved: Dewan A.M.S. Zaman, Advocate,—For the Pe­titioners. S.H. Md. Nurul Huda J..

Category: Procedural Law | Date: | Hits: 193

Gura Miah and others Vs. Fazar Ali and others, 1988, 17 CLC (HCD)

....me and the proceeding under section 145 of the Code of Criminal Procedure is hereby dropped. In the result the Rule is made absolute. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 70.......me and the proceeding under section 145 of the Code of Criminal Procedure is hereby dropped. In the result the Rule is made absolute. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 70.......Elahi Vs. Lala Bishmbar Das, 16 DLR (SC) 246 20 DLR 575 (D.B.); Syed Zaman Khandaker & others Vs. Zubeda Khatun and others, 25 DLR 317; Tarujan Bibee Vs. Asamuddi Bepari and others, 4 CWN 426. Lawyers Involved: M. Fazlul Karim, Advocate—For the Peti­tioner. No one-For the Opposite Pa..

Category: Criminal Law | Date: | Hits: 126

Khaled Akbar Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)

....stice calling for our interference by this Court in these cases. Consequently these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 66. ......stice calling for our interference by this Court in these cases. Consequently these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 66. ...... Government of Bangladesh and others..................Opposite Party Judgment April 9, 1989. Result: The Rules are discharged. Cases Referred to- 38 DLR (AD) 172 9; 40 DLR 232 9. Lawyers Involved: Gazi Abdur Rashid, Advocate—For the Peti­tioner. Ashraf Ali Kazi, Advocat..

Category: Alternative Dispute Resolution | Date: | Hits: 280

Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)

....y contested the suit by filing a written statement, inter alia, on the grounds that the suit is not maintainable under sec­tion 42 of the Specific Relief Act, that it is barred by limitation and the principle of estoppel, waiver and acquiescence and the plaintiff has got no cause of action. The def......ed, the question of amendment of the plaint does not arise. Hence the connected rule is also dis­charged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ...... Bank.....Opposite Party Judgment March 16, 1989. Result: The Rule is discharged. Cases Referred to- AIR 1980 (SC) 840; 29 DLR 10; 35 DLR 224; 40 DLR (AD) 206=1988 BCR (AD) 79. Lawyers Involved: Sheikh Razzaque Ali with ABM Golam Mazid, Advocate—For the Petitioner. Abd..

Category: Employment/Service Law | Date: | Hits: 175

Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)

....e Suo Motu Rule No. 47/89 is also dis­charged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ......reatment or operation. It was submitted by the prosecution that after further inves­tigation this case was started under section 173(3B) Cr.P.C. Accused Shah Alam Chowdhury was arrest­ed at the Zia International Airport, Dhaka when he was trying to abscond by leaving the country by plane and that ......med Vs. The State, 26 DLR (HC) 211; Jiban Krish­na Samanta Vs. State I.L.R. (1950) 2 Cal.66; A.K. Roy Vs. State of West Bengal, A.I.R. 1962 Calcutta (F.B.) 135; Abul Hossain Sana, 14 DLR (SC) 96. Lawyers Involved: Abdul Malek with Mainul Hosein, Joynal Abedin, Advocates-For the Petitioner. ..

Category: Criminal Law | Date: | Hits: 127

State Vs. Jahaur Ali & Others, 1987, 16 CLC (HCD)

....soners are fugitive from justice. 10. We find much force in the contention put forward by the learned counsel for defence. We are one with the view of the learned counsel for defence that cardinal principle of criminal law is that an ac­cused in a trial facing capital charge cannot be denied of ......rejected and case is sent back on remand to trial Court for holding the trial of the case in the light of the observations made above. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 94. ......State ……………………………………….Petitioner Vs. Jahaur Ali & Others..............Opposite Parties Judgment March 30, 1987. Result: The appeal is allowed. Lawyers Involved: Sultan Ahmed, Deputy Attorney General, with Md. Yunus Ali, Advocate—For the A..

Category: Criminal Law | Date: | Hits: 107

Md. Nasir Vs. State, 1989, 18 CLC (HCD)

....t a copy of the judgment be served on the learned Deputy Attorney-General, Comilla for infor­mation and taking necessary action, if any. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 89.......t a copy of the judgment be served on the learned Deputy Attorney-General, Comilla for infor­mation and taking necessary action, if any. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 89.......asir @ Nasir @ Nasir Ahmed.....................Appellant Vs. The State.......................................Respondent Judgment February 6, 1989. Result: The appeal is allowed. Lawyers Involved: Md. Ruhul Amin, Advocate—For the Appel­lant. Golam Mohiuddin, Advocate..

Category: Criminal Law | Date: | Hits: 117

Muktar Hussain Khan Vs. Suresh Chandra Dey & Others, 1989, 18 CLC (HCD)

.... provision of Order 41, rule 27 of the Code of Civil Procedure. The Rule is, therefore, made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 86. ...... provision of Order 41, rule 27 of the Code of Civil Procedure. The Rule is, therefore, made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 86. ......; Others...............Opposite Parties Judgment January 17, 1989. Result: The Rule is made absolute. Cases Referred to- 11 DLR 177; 21 DLR W.P. (Lahore) 333; PLD 1972 (S.C.) 25. Lawyers Involved: Md. Amir Hossain, Advocate—For the Peti­tioner. Abdul Muttalib, Advocate..

Category: Civil Law | Date: | Hits: 133

Shahjahan Mizi (Md.) Vs. State, 2005, 34 CLC (HCD)

....dismissed and the order of conviction and sentence is hereby upheld. Send down the LC records with a copy of the judgment at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 224. ......dismissed and the order of conviction and sentence is hereby upheld. Send down the LC records with a copy of the judgment at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 224. ...... dismissed. Cases Referred to- Ilias Hussain (Md.) Vs. State, 54 DLR (AD) 78; State Vs. Shafiqul Islam, 43 DLR (AD) 92; Shamsuddin Vs. State, 45 DLR 587; Abdul khaleque Vs. State, 45 DLR 75. Lawyers Involved: Md. Jahangir Kabir with Sohel Rana—For the Convict-Appellant. Md. Altafur ..

Category: Procedural Law | Date: | Hits: 118

Conforce Limited Vs. Titas Gas Transmission and Distribution Co. Limited & another, 1989, 18 CLC (HCD)

.... a breach of any statute or rule the same can be remedied by invok­ing writ jurisdiction. Even if any discretion is left in the statute such discretion must be exer­cised in accordance with settled principles, and not arbitrarily. 33. In the present case, it has already been ob­served that the....... In the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 33. ......s Vs. Executive Engineer, Relief and Reha­bilitation AIR 1961 Assam 101; Talekhal Fishermen's Co-operative Society Vs. Ban­gladesh BLD(AD) 1981, 103; S.M.S. Samity Vs. Bangladesh 39 DLR (AD) 85. Lawyers Involved: Asrarul Hossain with Mozammel Huq-For the Petitioner. Nazmul Huda with &..

Category: Others | Date: | Hits: 227