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Shuinya @ Suruj Ali Vs. State, 2000, 29 CLC (HCD)
.... our above discussion, we find no reason to interfere with the impugned judgment and order. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 527. ...... arms. 12. The learned Advocate for the petitioner, in course of his arguments has raised a new point not raised before the Tribunal. The point also does not find place in the grounds taken in the application. He has argued that no notification was issued under section 15 of the Arms Act by the g..Category: Criminal Law | Date: | Hits: 40
....ry, Ministry of Commerce, Government of Bangladesh, for taking necessary action in accordance with law against the delinquent officers.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 519.......-1991. He further submits that in response to the demand of the respondents, the petitioners duly paid the arrears rents although they were not legally bound to do so. At long last, after a series of applications made by the petitioners to complete the transaction, a senior scale Section Officer abs..
Category: Others | Date: | Hits: 96
Bengal Ceramic Industries Ltd. Vs. Chairman, Petro Bangla & others, 1984, 13 CLC (HCD)
....ule [Civil Rule No.205 (FM) of 1984] which has been heard along with the appeal, is also made absolute without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 516. ......aintiff is entitled to the legal right to use gas in its factory premises in terms of the contract, and the actions of the defendant No. 2 are not warranted by law. In the aforesaid circumstances, an application was made for temporary injunction in mandatory form. 3. Defendant No.2 appeared by f..Category: Others | Date: | Hits: 132
Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)
....27 of 1992, 28 of 1992, 29 of 1992, 30 of 1992, 32 of 1992, 31 of 1992, 34 of 1992, 35 of 1992. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 509. ......). Reference Application No.27 of 1992 is directed against the Judgment and order dated 20-2-1990 passed in ITA No.4821 of 1981-82 (Assessment year 1973-74) by the Taxes Appellate Tribunal. Reference application No.28 of 1992 relates to assessment year 1974-75 and arises out of Judgment and order da..Category: Fiscal/Taxation Law | Date: | Hits: 86
.... offer made by him in the negotiation held on 13-8-94 was considered as the highest and the matter was under process for finalisation. We have already noticed that the respondent No.4 on 13-9-94 made fresh offer which was found by the respondent Trust as highest while the matter was under considerat...... are of the view that the petitioner should be saddled with cost.
In the result, the Rule is discharged with cost of Taka 5,000.00 only.
Ed.
This Case is also Reported in: 51 DLR (1999) 208.
..
Category: Property Law | Date: | Hits: 102
Shahid Mia and anothers Vs. State, 1998, 27 CLC (HCD)
....esent case as noted above we find that the said principle is not applicable to the appellants. In the result, the application is rejected. Ed. This Case is also Reported in: 51 DLR (1999) 207........ Shah Alam, Advocate — For the Appellant- Petitioner. MA Rouf, Assistant Attorney-General — For the State. Criminal Appeal No.2681 of 1998. Judgment Kazi Ebadul Hoque J. - This is an application for bail of the appellants. The appeal is against the order of rejection of prayer for b..Category: Criminal Law | Date: | Hits: 35
Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)
....has concurrent power as that of the Sessions Judge. As soon as a case is transferred from the Court of the Sessions Judge to the Court of Additional Sessions Judge the accused is required to pray for fresh bail to the satisfaction of that Court as has been done by the petitioners. Additional Session......ns 302/149 of the Penal Code was framed against all the accused and fixed 11-1-97 for trial and allowed 9 accused petitioners to remain as before and adjourned hearing of the bail petition as well as application from the prosecution for cancellation of bail to the date fixed for trial. On 11-11-97 C..Category: Criminal Law | Date: | Hits: 33
Dil Mohammad Vs. Jamir Hossain and others, 2004, 33 CLC (HCD)
....he appellant has come up with an application under Order XXIII, rule 1(2) read with section 107 of the Code of Civil Procedure for withdrawal of the appeal as well as the suit with permission to sue afresh. 12. Mr. Ozair Farook, learned Senior Advocate on behalf of the appellant, submits that the......m of defendant No. 1 was not correct. 10. The parties lead evidence in support of their respective cases. The learned Subordinate Judge dismissed the suit. 11. The appellant has come up with an application under Order XXIII, rule 1(2) read with section 107 of the Code of Civil Procedure for wi..Category: Property Law | Date: | Hits: 83
Birla Tyres & another Vs. Sonali Anash Trading (Pvt) Ltd. and others, 2004, 33 CLC (HCD)
.... Orders granting temporary injunction and ad interim mandatory injunction are hereby set aside. Plaintiffs shall bear cost all through. Ed. This Case is also Reported in: 58 DLR (2006) 84. ......and Kawser Parvin Chowdhurv— For Opposite Party Nos. 1 and 2. Civil Revision No. 2347 of 2004. Judgment Md. Abdur Rashid J.- Defendant Nos. 1 and 2 obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against the judgment and order dated..Category: Civil Law | Date: | Hits: 148
Atar Ali Sheikh (Md) & another Vs. Md Karam Ali Sheikh & others, 2003, 32 CLC (HCD)
....said defendants took the appeal before the appellate Court and the learned District Judge was pleased to allow the appeal, set aside the final decree, cancelled the Commissioner's report and directed fresh commission for partition of the suit land, again. Hence, the Rule. 3. Mr. Mujibor Rahman Mi......et aside and those of the trial Court are restored. Partition as affected by the Advocate Commissioner is made final. Send down the LCR. Ed. This Case is also Reported in: 58 DLR (2006) 81. ..Category: Property Law | Date: | Hits: 70
Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)
....the appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 62. ...... had no right or authority to transfer said property to defendant No. 1. 14. Then they obtained an ad interim injunction. Pursuant to summons, defendant Nos. 1 and 3 and 4 appeared and opposed the application for temporary injunction. The application for temporary injunction was rejected and ad i..Category: Property Law | Date: | Hits: 71
Mahfuz Anam & others Vs. State and another, 2005, 34 CLC (HCD)
....rict Magistracy. Send a copy of the judgment and order of the concerned Court below immediately for information. Ed. This Case is also Reported in: 58 DLR (2006) 60, 26 BLD (HCD) (2006) 26. ...... Deputy Attorney-General—For the Opposite Party-State. Not represented —the Opposite Party No. 2. Criminal Miscellaneous Case No. 1934 of 2004. Judgment Khondker Musa Khaled J.- On an application under section 526 of the Code of Criminal Procedure, this Rule was issued calling upon t..Category: Criminal Law | Date: | Hits: 100
Rupali Bank Ltd. and others Vs. Chairman, First Labour Court and others, 2005, 34 CLC (HCD)
....cause of grievance. It has been held in the case of Rupali Bank Ltd vs. 2nd Labour Court, 52 DLR 603, that the grievances like the ones involved in these 9 writ petitions are continuing wrong. Hence, fresh limitation began to run at every time. In this view of the matter even these two complaint cas......GodownDarwan or Godown Chowkider or as Godown Keeper against various god owns to ensure security of the pledged goods of the borrowers of the petitioners' bank. The petitioners' bank, on the basis of application from the respondent No. 2, appointed them as Godown Darwan or Chowkider or Godown Keeper..Category: Employment/Service Law | Date: | Hits: 85
Sultan Uddin Ahmed Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....l machineries and to release the same within 7 days from the date of receipt of this judgment. However, there shall be no order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 31. ......ating a ban relying and quoting the order of the Ministry of Commerce issued under Memo No. Ba Ma/Audh-1/1(6)/97 (Part 2)/44 dated 25-1-2005 (Annexure-B-1) should not be declared to have no manner of application over the petitioner's imported old/reconditioned machinery covered under letter of credi..Category: Business or Commercial Law | Date: | Hits: 234
World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....presentative as if it had not been disposed of, subject nevertheless, where the transfer is gratuitous, and the transferor has, before the election, died or otherwise become incapable of making a fresh transfer, and in all cases where the transfer is for consideration, to the charge of m......nt No. 1. Aneek R Haque, Advocate—For Respondent Nos. 2-6. Rais Uddin Ahmed, Advocate—For Respondent No. 7. Writ Petition No. 5135 of 2004. Judgment Syed Mahmud Hossain J.- In this application under Article 102 of the Constitution a Rule Nisi was issued calling upon the respondent..Category: Information Technology Law | Date: | Hits: 321
.... any lawful authority and are of no legal effect.
In view of the facts and circumstances of the cases there will be no order as to cost.
Ed.
This Case is also Reported in: 58 DLR (2006) 5.
...... Assistant Attorney-General that the earlier writ petitioner did not take any specific ground on the legality or otherwise of the demand made by the VAT authority as evidenced by Annexure-'C' to that application. To meet the argument suffice it to say that the petitioner has called in question legal..
Category: Fiscal/Taxation Law | Date: | Hits: 81
Selim Reza Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....osition on 10-8-2005 when the hearing of the Rule commenced that in view of the present writ petition and the Rule and the consequent decision of the respondent No. 1 i.e. the Government, to go for a fresh tender, the respondent No. 7 was willing to offer Taka 28,87,000 for the said Hat and therefor......cause as to why they should not be directed to lease out the Jibannagar, Shialmari Cattle Hat situated within Jibannagar Upazila of Chuadanga District at Taka 22,50,000 offered by the petitioner vide application dated 26-4-2005 addressed to the Deputy Commissioner, Chuadanga, Annexure-F to the writ ..Category: Others | Date: | Hits: 114
.... and the writ petition was not maintainable has no substance.
In the result, the Rule is made absolute with any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 506.
......elivered possession thereof. The petitioner thus became the sole owner in possession of the suit land. The heirs of the respondent No.4 in Title Appeal No.76 of 1973 however, preferred two revisional applications being Civil Revision Nos. 161 and 62 of 1984 before the High Court Division. Ultimately..
Category: Property Law | Date: | Hits: 95
Commissioner of Taxes Vs. Kushtia Sugar Mills Ltd., 2000, 29 CLC (HCD)
..... Accordingly, we answer the questions in the affirmative and against the revenue applicant. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 504.......huiyan, Assistant Attorney-General—For the Applicant. AFM Ferojuddin Bhuiyan, Advocate—Respondent. Reference Application No. 9 of 1994. Judgment Syed Amirul Islam J.- In this referee application the revenue department calls in question the legality and propriety of the Judgment and ..Category: Fiscal/Taxation Law | Date: | Hits: 104
.... to file a separate application for condonation of delay. With this observation the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 502.......Involved:
Moksed Ali, Advocate—For the Petitioners.
Not represented— the Opposite Parties.
Civil Revision No. 2444 of 1993.
Judgment
Md. Shamsul Huda J.-This Rule arises out of an application section 115(1) of the Code of Civil Procedure by Afitan Nessa and four other petitioners..
Category: Procedural Law | Date: | Hits: 106
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