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Ocean Containers Ltd. Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....id SRO are illegal and without jurisdiction. In the result, the Rule is made absolute for the above reasons without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 250.......nfrastructure facilities on commercial basis under certain conditions provided such undertaking was established in between the first day of July, 1995 and 30th June, 2000 (both days inclusive) and an application was made to the NBR for such tax exemption within 180 days from the date of commencement..Category: Fiscal/Taxation Law | Date: | Hits: 86
Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)
....et, whichever is appropriate in the circumstance of the case. After expiry of the period of filing of the charge-sheet as the case may be the accused must appear before the court concerned and obtain fresh bail from the court on the merit of the case. Granting of anticipatory bail in an exceptional ......on in the light of observation made by the Appellate Division. 21. Consideration which should weigh with the Court while dealing with a request for anticipatory bail need not be the same as for an application to release on bail after arrest. In granting anticipatory bail the judicial discretion m..Category: Criminal Law | Date: | Hits: 79
....and thus there is no merit in the leave petition.
Accordingly, the petition for leave to appeal is dismissed
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 49, 63 DLR (AD) (2011) 127.
...... that the writ petitioner got delivery of possession of the case property on 26.01.1984 through Court and that the Government, a defendant in the aforesaid Title Suit No. 121 of 1981, though filed an application for restoration of the case under Order 9 Rule 13 of the Code of Civil Procedure, regist..
Category: Property Law | Date: | Hits: 54
Russel Vegetable Oil Ltd. Vs. Collector of Customs and others, 2000, 29 CLC (HCD)
.... two months. There shall be no order as to costs. Let a copy of this order be sent to the Commissioner of Customs, Chittagong. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 382. ......olding as above relied on another decision of this Division 11 BLD (AD) 227. In that decision it has been, inter-alia, observed that in principle where an alternative statutory remedy is available an application under article 102 may not be entertained to circumvent a statutory procedure. But in cer..Category: Fiscal/Taxation Law | Date: | Hits: 79
Abdul Ahad @ Md. Abdul Ahad Vs. State, 2000, 29 CLC (HCD)
....86 pending in the Court of Upazila Magistrate, Jagannathpur, District Sunamganj are quashed. The Rule is accordingly, made absolute. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 379.......f the opinion that there is illegality in initiating the proceeding against petitioner and others. 5. Petitioner being aggrieved by the said order, moved the learned Sessions Judge in a revisional application under section 438 of the Code of Criminal Procedure being Criminal Motion No.35 of 1998...Category: Criminal Law | Date: | Hits: 57
Commissioner of Taxes Vs. Bangladesh Rural Advancement Committee (BRAC), 1999, 28 CLC (HCD)
....estions put to us in the reference applications are in the affirmative. These two Reference Applications are accordingly disposed of. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 152. ......Syed Ishtiaq Ahmed, Advocate — For the Respondent. Reference Application No.79 of 1995 with Reference Application No. 80 of 1995. Judgment Mahmudul Amin Choudhury J. - These two reference, applications have been filed by the Revenue under section 160 of the Income Tax Ordinance, 1984 whic..Category: Fiscal/Taxation Law | Date: | Hits: 99
Mazharul Haque Qureishi Vs. Giridhari Rishi and others, 1998, 27 CLC (HCD)
....In the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 149.......d: Mahmudul Islam, Advocate — For the Petitioner. Md. Khurshid Alam Khan, Advocate — For the Opposite Parties. Civil Revision No. 3011 of 1995. Judgment Qazi Ebadul Hoque J. - This application appears to be out of time by 399 days. The explanation for delay is that the petitioner ..Category: Property Law | Date: | Hits: 57
....sions Judge, Dhaka is declared to have been issued illegally and the same is without any lawful authority and to be of no legal effect.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 145.......ion, to state the reasons and purpose of seizure of the documents. The respondent No. 1 failed to give satisfactory reasons for seizure of the documents. The petitioner after receiving the order made application to the District and Sessions Judge, Dhaka on 17-10-93 for certified copies of the applic..
Category: Criminal Law | Date: | Hits: 41
Islamic Foundation Bangladesh Vs. Firoz Alam and others, 1997, 26 CLC (HCD)
....1-11-1995 passed by this Court staying the operation of the impugned judgment and decree passed by the trial Court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 141. ......ion 107 of the Evidence Act speaks of presumption for continuance of life for more than 30 years and in the fact and circumstances of the present case section 107 of the Evidence Act has no manner of application. 12. Exhibit 12 series namely, the judgment in respect of a house at Shirisdas Lane a..Category: Property Law | Date: | Hits: 116
....im from the allegations made against him. The true copy of the reply to the show cause has been annexed to the petition as Annexure-E 1.
8. Thereafter, on 14-12-93 the petitioner was issued with a fresh show cause notice by the respondent No. 5. The true copy of the said show cause notice has bee......efits he is entitled to get under the aforesaid Bangladesh Water Development Board (Employees) Service Rules, 1982, i.e. under the law.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 136...
Category: Employment/Service Law | Date: | Hits: 72
Tahera Khatun Bibi and others Vs. Abdul Jalil Mandal and others, 1998, 27 CLC (HCD)
....ption is allowed. Send down the lower Court records at once. The order of status quo granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 134. ......ated in his evidence that the total area of land under their possession is only 10 bighas and, as such, there is no legal bar in the way of getting pre-emption. The evidence of OPW No.1 regarding the application of the principle of estoppel, waiver and acquiescence as a bar against pre-emption has n..Category: Property Law | Date: | Hits: 56
Lutfor Rahman Vs. Divisional Mechanical Engineer and others, 1998, 27 CLC (HCD)
.... Accordingly, we direct to dispose of the review petition according to law. In the result, we make the Rule absolute. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 133.......f 1995. Judgment AM Mahmudur Rahman J. - This Rule was issued at the instance of the petitioner upon the respondents to show cause as to why they should not be directed to dispose of the Review application filed by the petitioner on 19-8-85 against the order of dismissal passed by the Presiden..Category: Employment/Service Law | Date: | Hits: 78
Omar Faruk (Md.) and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....ioners are to be rejected. Accordingly, these two review applications being Review Application Nos.15 and 16 of 1998 are rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 118. ......d. Sirajul Huq, Advocate — For the Review- Petitioners. Not Represented — For the Respondents. Review Petition Nos. 15 & 16 of 1998. Judgment Qazi Shafiuddin J. - These two review applications being Review Application Nos.15 and 16 of 1998 arise out of Writ Petition Nos. 2328 and..Category: Fiscal/Taxation Law | Date: | Hits: 90
Nasim Anwar Hossain Vs. Bangladesh Bank and others, 2010, 39 CLC (HCD)
....dent from annexe-B to the writ petition) is hereby declared to have been done without lawful authority and is of no legal effect. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ...... of the petitioner, not being a ‘defaulting borrower’, as per the definition of section 5 GaGa of the Act, in the CIB report in reference is illegal and arbitrary and an act of negligence and non-application of mind and has caused loss and injury to the petitioner” 12. In view of the above..Category: Civil Law | Date: | Hits: 167
Md. Arif Gaffar Vs. Artha Rin Adalat, Khulna and others, 2010, 39 CLC (HCD)
....reby cancelled. The office is directed to communicate the copy of this judgment at once to the concerned executing Court. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ...... writ petitioner paid Tk. 32,00,000/= (thirty two lac only) to the bank and was awating settlement of the dispute in a friendly manner. Surprisingly the bank discontinued the negotiation and filed an application on 1.12.2008 before the executing Court for issuing warrant of arrest against the petiti..Category: Civil Law | Date: | Hits: 169
Islami Bank Bangladesh Ltd. Vs. District Anti-Corruption Officer and another, 2001, 30 CLC (HCD)
....s are made without any lawful authority and are of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 233.......ry inquiry of the matter of transfer of huge sums through TT and MT by different Banks including petitioner Bank from Nababganj to Dhaka and Chittagong. The respondent No. 2 issued order allowing the application of the respondent No. 1 for seizure of papers and documents as mentioned in the impugned..Category: Anti-Corruption Laws | Date: | Hits: 153
Dhaka International University Vs. Secretary, Ministry of Education and others, 1997, 26 CLC (HCD)
....s have been published are entitled to certificate of the degree. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 91. ...... objection “the deed submitted by the authority for the same house for which objection was raised earlier cannot be accepted. The respondent 1 in his affidavit-in-opposition states, “However, the application of the petitioner for Sanad has not been under consideration and has not been rejected a..Category: Others | Date: | Hits: 104
Norendra Chandra Dash and others Vs. Md. Solaiman Chowdhury & others, 1997, 26 CLC (HCD)
.... In the result, the Rule is made absolute. The impugned order dated 2-3-91 is thus set aside. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 81. ......he opposite party Nos.1 to 4 to show cause as to why the order dated 2-3-91 passed by the Additional Assistant Judge, Chandpur Sadar, Chandpur in Title Suit No.67 of 1990 rejecting the petitioner’s application for amendment of the plaint. 2. Petitioners as plaintiffs instituted Title Suit No. 6..Category: Property Law | Date: | Hits: 98
Muhammadullah Vs. Sessions Judge and others, 1998, 27 CLC (HCD)
....le was issued calling upon the respondents to show cause as to why the order date 26th November 1996 passed by the respondent No.1, Sessions Judge, Noakhali, in Miscellaneous Case No. 353 of 1996 for fresh trial of GR Case No.1 of 1983 of the Court of Magistrate, 1st Class, Noakhali should not be de......g respondent No.3 claiming damages for malicious prosecution and wrongful imprisonment. It further appears that the respondent No.3 who is defendant No. 4 in the aforesaid money suit has submitted an application before the learned Sessions Judge, Noakhali, that is respondent No.1, praying for fresh ..Category: Criminal Law | Date: | Hits: 56
....the proceedings in Criminal Case No. 13 of 1989 and in Criminal Case No. 7 of 1989 pending in the 1st Labour Court, Dhaka are hereby quashed.
Ed.
This Case is also Reported in: 55 DLR (2003) 231.......balance amount of Taka 28,694,50. The Labour Court by order dated 1‑7‑1989 took cognizance of offences mentioned above against the petitioner. Whereupon petitioner entered appearance and filed an application under section 241A of the Code of Criminal Procedure for discharge on the ground that no..
Category: Labour and Industrial Law | Date: | Hits: 184
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