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World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ed Mahmud Hossain J.- In this application under Article 102 of the Constitution a Rule Nisi was issued calling upon the respondents to show cause as to why (1) Memo No. BTRC/LLSec/ WorldTel/2002-1032 dated 20-4-2004 issued by respondent No. 2 under the signature of respondent No. 3 (Annexure-A) so f......of clause 13 therein. We are therefore, unable to accede to the submission that we should exercise our discretion to withhold the matter from arbitration and deal with it ourselves." 13. From the decision referred to above, it appears that instead of availing of the arbitration clause, the Oriss..Category: Information Technology Law | Date: | Hits: 321
....ementary duty on other electrical home appliances have been exempted by the Government while retaining supplementary duty on locally-made refrigerator pursuant to the SRO No. 150/Ain/2001/3f5/Mushak, dated 7-6-2001 (hereinafter called "the notification") read with first part of Third Schedule of the......t is in breach of the fundamental right guaranteed by the Constitution to the citizens or is arbitrary per se can be knocked down by this Court. In elaborating his submission, Mr. Islam relied on the decision reported in AIR 1958 (SC) 538 with special reference to the principles of law laid down by ..
Category: Fiscal/Taxation Law | Date: | Hits: 81
Selim Reza Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....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 petition, ex......by the respondent No. 7 by filing a supplementary affidavit-in-opposition 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..Category: Others | Date: | Hits: 114
....Judgment
Md. Joynul Abedin J.- This Rule was issued under Article 102 of the Constitution of the People’s Republic of Bangladesh calling upon the respondents to show cause why the impugned order dated 3-6-1998 (Annexure-I) passed by the respondent No.3. Additional Deputy-Commissioner (Revenue),...... thereto and giving possession. But the Additional Deputy Commissioner (Revenue) by the impugned order dated 3-6-1998. Annexure-I, forwarded the case record to the Ministry of Land without giving any decision either allowing or rejecting the mutation. Additional Deputy Commissioner (Revenue) while f..
Category: Property Law | Date: | Hits: 95
....is Rule arises out of an application section 115(1) of the Code of Civil Procedure by Afitan Nessa and four other petitioners call upon the opposite parties to show cause as to why the impugned order dated 13-6-1993 passed learned Assistant Judge, Ghoraghat Police Station, District Dinajpur in Other......rs on behalf of the petitioner but no one appears for the opposite parties.
6. Learned Advocate for the petitioners submits that the trial Court committed error of law resulting in an error in the decision occasioning failure of justice in not complying with the provision of Order 22 rule 3 of th..
Category: Procedural Law | Date: | Hits: 106
Annada Prosad Das Vs. DC, Khulna and others, 2001, 30 CLC (HCD)
....cond Appeal No. 491 of 1975. Judgment Abu Sayeed Ahammed J .- This appeal is at the instance of the appellant Annada Prasad Das and it calls in question the propriety of the judgment and decree dated 26-6-75 passed by the Subordinate Judge, Additional Court, Khulna in Title Appeal No.114 of 19......tizenship of Bangladesh or it was ceased or he is no more a Bangladeshi Citizen. 8. Mr. SS Halder, the learned Counsel for the appellant submits that in view of the different provisions of law and decisions given by the High Court Division and the Appellate Division and also some other higher cou..Category: Immigration and Citizenship Law | Date: | Hits: 190
Anindra Bhusan Ghose Vs. Bangladesh Government, 2001, 30 CLC (HCD)
....o.7. Nafar died leaving three sons, defendants 8 to 10. 3. Later on, the successive heirs of Dhanobar and Nafar who are defendants 7-10 sold the suit land to the plaintiffs by two separate kabalas dated 21-9-1972. The kabalas are 3 and Exhibit 3(a); but the SA record was wrongly prepared in the n......nstrument. For better understanding the meaning of section 92 of the Evidence Act, Mr. Bivash Chandra Biswas, the learned Assistant Attorney-General appearing for the respondent-Government, cites the decision in the case of Feroza Majid and another Vs. Jiban Bima Corporation, reported in 39 DLR (AD)..Category: Property Law | Date: | Hits: 85
.... with Sirajur Rahman and Emaduddin Chowdhury, Advocates—For Opposite Party.
Civil Revision Case No. 4618 of 1999.
Judgment
SK Sinha J.- This Rule is directed against the judgment and order dated 21-6-99 of the Additional Divisional Commissioner, Chittagong Division in Civil Appeal No.31 o......Dr. Rafiqur Rahman, learned Advocate appearing for the opposite party, raised a preliminary point of law that no revision petition under section 115(1) of the Code of Civil Procedure lies against the decision of the Additional Divisional Commissioner. He further submits that the Deputy Commissioner ..
Category: Civil Law | Date: | Hits: 89
Parul Bala @ Parul Rani Shah Mondol Vs. Suruj Miah and others, 2001, 30 CLC (HCD)
....128(S) of 1995. Judgment Abu Sayeed Ahammed J.- This appeal is at the instance of Sreemati Parul Bala alias Parul Rani Saha Mondal and another, and it calls in question the judgment and decree dated 31-3-1979 passed by the District Judge, Noakhali in Title Appeal 105 of 1964, dismissing the a......auction sale took place on 1-6-1959 in OD Case 21 of 1955-56 and notice under section 7 of the PDR Act was served on 8-7-1955 but plaintiffs’ purchase is dated 26-2-1951. Therefore, the finding and decision of the Courts below that because of service of notice under section 7 of the PDR Act no leg..Category: Property Law | Date: | Hits: 83
Nizam Hazari Vs. State, 2001, 30 CLC (HCD)
.... arms in possession and by using those arms he committed terrorism and various illegal activities. Following the above commission of crime by convict-appellant Doublemooring Police Station Case No.29 dated 22-3-1992 under section 19(a) and (t) of the Arms Act read with section 26 of the Special Powe......wledge of client. The convict-appellant having been guilty of his own conduct is putting blame upon Tribunal and this conduct of convict-appellant must be taken notice of. Omission in not recording a decision in holding trial will not make the trial and judgment a nullity and without jurisdiction. T..Category: Criminal Law | Date: | Hits: 58
Titas Gas Vs. Immense Washing Plant and others, 2001, 30 CLC (HCD)
....f 2001. Judgment Md. Abdur Rashid J.- This Rule was obtained by the defendant No.4 upon making a revision application under section 115 of the Code of Civil Procedure against judgment and order dated 13-5-2001 passed by Additional District Judge, 2nd Court (In-Charge) at Dhaka in Miscellaneous...... for disposal of the Rule are that, on 5-4-2000 opposite party No.1 as plaintiff instituted a suit being Title Suit No.90 of 2000 in the 2nd Court of Assistant Judge at Dhaka for declaration that the decision dated 11-8-99 of the Titas Gas to prepare gas bills on the basis of load of 26715.31 cubic ..Category: Civil Law | Date: | Hits: 151
Milon @ Shahabuddin Ahmed Vs. State, 2001, 30 CLC (HCD)
....eneral with Alhaj Md. Mahmud Hossain Assistant Attorney- General —For the State. Criminal Appeal No. 610 of 1999. Judgment Md. Marzi-ul Huq J.- This appeal is directed against the judgment dated 28-7-1983, passed by the learned Additional Sessions Judge, 3rd Court, Comilla in Sessions Cas...... Ahmed are hereby maintained. Send down the lower Court records along with a copy of this judgment to the Court concerned at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 464. ..Category: Criminal Law | Date: | Hits: 35
Abdus Sukur (Md.) and others Vs. Bhasani Mandal and another, 2001, 30 CLC (HCD)
....5 of 2000. 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 9-5-2000 passed by Additional District Judge, 3rd Court at Dhaka in Title Appeal No. 748 of 19......t and decree of the trial Court. He also submits that the Court of appeal below also erred in law in considering certain things which are not at all necessary for disposal of the appeal. He cites the decision in the case of Haider Ali Vs. the State, 47 DLR (AD) 46 and that of Moulavi Abdul Mannan Vs..Category: Property Law | Date: | Hits: 75
Seastar Shipping Lines Ltd. Vs. Bangladesh & others, 2001, 30 CLC (HCD)
....rs, as a local shipping agent of the Shipping Corporation of India Limited which owns the concerned vessel ‘MV Vishva Kaumudi’. The said vessel was chartered by respondent No.4 under Fixture Note dated 15-2-1999 for carrying the cargo of 8325.00 metric tons of rice into Bangladesh port. The said......te of receipt of this order. A copy of this order be sent forthwith to the Prime Minister’s Secretariate and the Ministry of Food. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 449...Category: Admiralty Law or Maritime Law | Date: | Hits: 212
State Vs. Md. Shamim alias Shamim Sikder and others, 2000, 29 CLC (HCD)
....found 4 more minor injuries in both thighs. From this the learned Advocates submit that this goes to suggest that the occurrence might have taken place elsewhere and in a different manner. 11. The date, time and place of occurrence are not practically disputed. 12. In the light of the submissi......der alias Md. Ratan are allowed and they are found not guilty to the charges levelled against them and they are acquitted in this case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 439...Category: Criminal Law | Date: | Hits: 50
Gurvinder Singh Vs. Secretary, Ministry of Finance and others, 1992, 21 CLC (HCD)
....1992. Judgment Anwarul Haque Chowdhury J.- This Rule arises out of an application under Article 102 of the Constitution of the People’s Republic of Bangladesh and is directed against an order dated 27-4-92 issued by the respondent No.3 namely, the Assistant Commissioner of Taxes, Central Sal...... In the result, this Rule is disposed of on the above observations without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 434. ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Hamza Rubber Industries Vs. Golam Dastagir Gazi, 2001, 30 CLC (HCD)
....dvocates—For the Respondents. FMAT No. 285 of 2001 with Civil Rule No. 255 (FM) of 2001. Judgment Md. Abdur Rashid J.- This appeal was presented by the plaintiff against judgment and order dated 12-02-2001 passed by the 10th Court of Additional District Judge at Dhaka in Title Suit No. 32......evice being used by the defendants nearly resembles the registered Trade Mark within the mischief of section 21 of the Trade Mark Act, 1940, briefly the Act. In support of his submission he cites the decisions in the case of Abdul Jabbar and another Vs. Ahmad Jan, PLD 1973 Karachi 289 and that of Me..Category: Intellectual Property Law | Date: | Hits: 230
....t with the petitioner and executed a bainapatra on 28-2-197 at a consideration of Taka 80,000.00 to sell the disputed property. Out of the said consideration money Taka 40,000.00 was paid on the same date and the petitioner was given delivery of possession of the property. The said property was enli......o the Commercial Court, Dhaka wherein the same was renumbered as Title Suit No.35 of 1992. The suit was dismissed on contest by the judgment and decree dated 20-10-1994. Against the said judgment and decision, the petitioner filed Title Appeal No.378 of 1994 in the Court of District judge, Dhaka. Th..
Category: Property Law | Date: | Hits: 103
Progoti General Insurance Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....93. Judgment Syed Amirul Islam J.- This reference application filed under section 160 of the Income Tax Ordinance, 1984 (hereinafter called “the Ordinance”) arises out of Judgment and order dated 17-2-93 passed in ITA No. 2575 of 1991 (Assessment year 1990-91) by the Taxes Appellate Tribun......ver and without any discussion, maintained the order of the DCT on a perusal of the impugned order. However, it appears that this point was considered by the Appellate Tribunal at length and a lot of decisions were cited before them and on consideration of the same the Tribunal observed that the lev..Category: Fiscal/Taxation Law | Date: | Hits: 104
Sogra Begum Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....l) who had granted relief to the petitioner and deleted the addition of Taka 10,07,205.00 against which the department preferred a second appeal before the Taxes Appellate Tribunal which by its order dated 1-8-99 set aside the first appellate order of the Additional Commissioner of Taxes (Appeal) an......derance over technical consideration should always be kept in view in deciding whether the petitioner was prevented by sufficient cause for the delay and in support of his contention he relies on the decision reported in 51 DLR (AD) 253 and the decision reported in 167 ITR 471, decision of the India..Category: Fiscal/Taxation Law | Date: | Hits: 108
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