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National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)

....arding the difference in price for determining tariff value. 28.  The NBR in exercise of its powers under section 72 of the Act, 1991 has already framed rules namely, the Value Added Tax Rules, 1991 by Gazette notification dated 12th June, 1991 governing the guidelines for fixation of ....... Union of India, 2001, AIR SCW 5135; SP Gupta Vs. Union of India, 1981 (Supp) SCC 87; Janata Dal Vs. HS Chowdhury, (1992) 4 SCC 305; Mostafa Kamal Vs. Commissioner of Customs, 52 DLR (AD) 1. Lawyers Involved: Mahbubey Alam, Attorney-General (with Murad Reza, Additional Attorney-Genera..

Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27

Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)

....dul Islam J Monindra Nath Biswas ......................Petitioner Vs. Kantaram Mondal and others................Opposite Parties Judgment July 31, 2012. Result: The Rule is discharged. Order VII Rule 7 of the Code of Civil Procedure provides that, the plaint s......60 DLR (AD) 90, 42 DLR 434; 12 MLR (AD) 105; Government of Bangladesh Vs. Sheikh Hasina, 60 DLR (AD) 90 paragraph 44; 46 42 DLR 434; 12 MLR (AD) 105; Habibur Rahman Vs. Abdul Wadood, 22 DLR 386. Lawyers Involved: Md. Nurul Amin with Sabya Sachi Mondal, Advocates—For the Petitioner. ..

Category: Property Law, Procedural Law | Date: 31 Jul, 2012 | Hits: 5

MA Gafur Vs. Registrar of Joint Stock Companies and Firms & ors, 2012, 41 CLC (HCD)

....oth sides. This matter shall stand disposed of upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 72. ......ires act…………………....................(9) The matter shall stand disposed of. Case Referred to- Foss Vs. Harbottle (1843) 2 Hare 461. Lawyers Involved: AKM Badrudduza, Advocate—For the petitioner. Raisuddin Ahmed, Advo..

Category: Company Law | Date: 31 Jul, 2012 | Hits: 16

Southeast Bank Ltd Vs. District Magistrate, Chittagong and others, 2012, 41 CLC (HCD)

.... requested. In such circumstances, we are of the view that justice would be done if a direction be given upon the respondent Nos.1 and 2 to take necessary steps in accordance with law. Accordingly no Rule is called for. The respondent Nos.1 and 2 are directed to disposed of the application as eviden......p;……......Petitioner Vs. District Magistrate, Chittagong and others .......Respondents Judgment July 30, 2012. Result: The application is disposed of. Lawyers Involved: Meah Mohd Kausar Alam, Advocate-For the petitioner. Writ Petition No.100..

Category: Constitutional Law | Date: 30 Jul, 2012 | Hits: 1

Energy Prima Ltd Vs. People's Republic of Bangladesh and others, 2012, 41 CLC (HCD)

....hellip;………...Petitioner Vs. People's Republic of Bangladesh and others...............Respondents Judgment July 29, 2012.   Result: Both the Rules are discharged. Cases Referred to- State of UP Vs. Bridge & Roof Co. (India) Ltd......Vs. Devi Ispat Ltd, 11 SCC 186; Empire jute Company Limited Vs. Jute Corporation of India Limited, 14 SCC 680; 4 ALR 74 (SC) and Bangladesh telecom (Pvt) Ltd Vs. BTTB reported in 48 DLR (AD) 20. Lawyers Involved: Ahsanul Karim, with Khairul Alam Chowdhury, Tanveer Hossain Khan, Shamim Ahme..

Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6

State Vs. Md. Aman Ullah Aman, 2012, 41 CLC (AD)

....ll follow the settled statement of law. The impugned order is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 81. ......tion 561A can come into operation, subject to the requirement that the exercise of such power must serve either of the three purposes mentioned in the section……………………………(10) Lawyers Involved: Md. Shahrowardi, Deputy Attorney-General, instructed by Sufia Kliatun, Advocate..

Category: Procedural Law | Date: 26 Jul, 2012 | Hits: 32

Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)

.... State……………………………………….Opposite parties Judgment July 25, 2012 Result: The Rule is made absolute. Cases Referred to- Latifa Akter and others Vs. the State and anothe......haka-4) Vs. State and another, 62 DLR (AD) 233; Faridul Alam Vs. State, 61 DLR (AD) 93; Kamrul Islam (Md.) Vs. Atikuzzaman, 9 DLR 258; Mst. Nahida Sultana Vs. M power of the High Court Division. Lawyers Involved: Nirmalendu Dev, Advocate—For the accused-petitioners Nozibar Rahma..

Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1

Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)

....r, Meherpur and District and Sessions Judge, Meherpur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453       ......LR 35; Md. Ali Haider alias Haidul Vs. State, 5 BLT 101; Angur Vs. State, 41 DLR 66; Abu Jamal Vs. State, 51 DLR 57; State Vs. Lokman Miah, 48 DLR 149; Ghulam Rasool Vs. State, 1977 Pakistan Criminal Law Journal 985; Md. Mominul Huq Vs. State, 48 DLR 182; Kawsarun Nessa Vs. State, 48 DLR 196; Alamgi..

Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9

Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)

....s dismissed without any order as to cost. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 46.   ......dgment, decree or order has been passed in any such suit or any order has been passed on any such application, it shall be inoperative and of no legal effect….........................(22) Lawyers Involved: Md. Mafizur Rahman with AQM Shafiullah, Advocates—For the Plaintiff-App..

Category: Property Law | Date: 25 Jul, 2012 | Hits: 10

AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....he Judiciary, each of which operates in its own domain free from dictation and encroachment from the others. It is in utmost public interest and for the preservation of the democratic process and the Rule of Law that these provisions of the Constitution dealing with the separation of powers are not ......l Jurisdiction) Present : Hasan Foez Siddique J ABM Altaf Hossain J AKM Shafiuddin.......................… Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and others..................................… Respondents ..

Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236

Nalu Vs. State, 2012, 41 CLC (AD)

....e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ...... Judgment July 22, 2012. Result: Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Case Referred to- Gregg Vs. Georgia, (1976) 428 U.S. 153. Lawyers Involved: A. B. M. Bayezid, Advocate- For the Petitioner. Md. Shahrowardi, Deputy..

Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111

A.N. Istiaq Ahmed Vs. Abdus Salam Khan and others, 2012, 41 CLC (AD)

.... Miah J. - This petition for leave to appeal is directed against the judgment and order dated the 10th day of March, 2010 passed by the High Court Division in Writ Petition No.1218 of 2009 making the Rule absolute. 2. Facts necessary for disposal of this petition are that respondent Nos.1 and 2 ...... Ahmed.......................................Petitioner Vs. Abdus Salam Khan and others...................Respondents Judgment July 19, 2012. Result: The petition is disposed of. Lawyers Involved: Rafique-ul Huq, Senior Advocate with Ahshanul Karim, Advocate instructed by Mvi..

Category: Civil Law | Date: 19 Jul, 2012 | Hits: 147

Md. Mozaffor Hossen and another Vs. Government of the People’s Republic of Bangladesh and others, 2012, 41 CLC (HCD)

.............................Petitioners Vs. Government of the People’s Republic of Bangladesh and others…......Respondents Judgment July 18, 2012. Result: The Rule is discharged. The Anti-Corruption Commission Rules, 2007, Rule 10 Since rule 10 of ......Finley and Company Ltd., 26 DLR (SC) 33; Bangladesh Marine Fisheries Association Vs. Government of Bangladesh and others, 52 DLR (273); Habibur Rahman Molla Vs. Stat, 61 DLR(1) 1993 BLD (AD) 11. Lawyers Involved: Muntasir Uddin Ahmed, Advocate-For the Petitioner. Ahmed Sohel-For the r..

Category: Anti-Corruption Laws | Date: 18 Jul, 2012 | Hits: 23

Government of Bangladesh and others Vs. Mir Md. Imam Hossain, 2012, 41 CLC (AD)

....f the allotees had constructed residential houses with prior approval of RAJUK. Subsequently at the instance of the Deputy Commissioner, Dhaka, Miscellaneous Case No.2103 of 1995 was started as per Rule, 42 (Ka) of the Tenancy Rules 1959 on the plea that Plot Nos.1685, 20707 of Khatian No.1560 wa......esh and others ............Appellants Vs. Mir Md. Imam Hossain………………………….Respondent Judgment July 17, 2012. Result: The appeal is dismissed. Lawyers Involved: Mahbubey Alam, Attorney General, instructed by B. Hossain, Advocate-on-Recor..

Category: Property Law | Date: 17 Jul, 2012 | Hits: 8

Aysha Siddiqua Vs. Fazilatunnesa and other, 2012, 41 CLC (AD)

....e concurrent findings of all the three courts below. So, we find no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 117. ......unnesa and other...................Respondents Judgment  July 15, 2012.  Result: The petition dismissed. Cases Referred to- The petition it is dismissed. Lawyers Involved: Sigma Huda, Advocate instructed by Md. Taufique Hossain, Advocate-on-Record&m..

Category: Others | Date: 15 Jul, 2012 | Hits: 6

Md. Rafiqul Islam and others Vs. Md. Azmal Hossain and others, 2012, 41 CLC (AD)

....eed registered and also got the delivery of possession of the property through the process of the Court. Thereafter, the peti­tioners who are the third parties filed an application under Order 21, Rules 90, 100 and 101 of the Code of Civil Procedure, read with section 57 of the Artha Rin Adalat ..........................Petitioners Vs. Md. Azmal Hossain and others..................................Respondents Order July 15, 2012. Result: The Leave is granted. Lawyers Involved: Abdul Quiyum, Senior Advocate, instruct­ed by Md. Nawab Ali, Advocate-on-Re..

Category: Procedural Law | Date: 15 Jul, 2012 | Hits: 16

Abdur Rashid Akanda Vs. Md. Raisuddin and others, 2012, 41 CLC (HCD)

....Chatterjee Vs. Md. Munsur Ali, 36 DLR 136. Lawyers Involved: Manoj Chandra Bhadury, Advocate-For the Defendant-Appellant-Petitioner. No one appears-For the Opposite-Parties. Civil Rule No.392 (Con) of 2011. Judgment Sharif Uddin Chaklader J. - This rule under section 14...... question of facts and law and needs to be settled only upon taking evidence and further in terms of the decisions of the superior courts, a litigant should not suffer for wrong advice of his learned Lawyer and so the plaintiff is enti­tled to get benefit of section 14 of the Limi­tation Act..

Category: Limitation Law | Date: 12 Jul, 2012 | Hits: 18

Government of Bangladesh and others Vs. A.T.M. Abdul Matin, 2012, 41 CLC (HCD)

....ated 23rd October, 2008 passed by the High Court Division in Writ Petition No.10747 of 2006 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 844. ......Order July 12, 2012. Result: Leave is granted. Cases Referred to- Mujibur Rahman Vs. Bangladesh, 44 DLR (AD) 111; Bangladesh Vs. Safiuddin and others, 3 BLC (AD) 6. Lawyers Involved: Rajik-al-Jalil Deputy Attorney General, instructed by Abu Sams Md. Khalequzz..

Category: Procedural Law | Date: 12 Jul, 2012 | Hits: 4

Marsu Ltd and another Vs. Waliullah, FCA, Partner of M/s. Malek Siddique Wali Chartered Accountant and Receiver of Marsu Ltd, 2012, 41 CLC (HCD)

.... Waliullah, FCA, Partner of M/s. Malek Siddique Wali Chartered Accountant and Receiver of Marsu Ltd........................Respondent-Contemner Judgment July 10, 2012. Result: The Rule is disposed of. Cases Referred to- Pakistan, Ministry of Law Vs. Judges of West Pakis......t and Receiver of Marsu Ltd........................Respondent-Contemner Judgment July 10, 2012. Result: The Rule is disposed of. Cases Referred to- Pakistan, Ministry of Law Vs. Judges of West Pakistan, Lahore, 16 DLR (SC) 535; Raizuddin Khan (Md.) Vs.Mahmudur Rahman, 1..

Category: Contempt of Court Law | Date: 10 Jul, 2012 | Hits: 5

Md. Golzar Hossain, Advocate Vs. Janata Bank, Ullapara Branch, Sirajgonj, 2012, 41 CLC (AD)

....for leave to appeal is directed against the judgment and order dated the 11th day of March, 2010 passed by a Division Bench of the High Court Division in Writ Petition No.6684 of 2009 discharging the Rule. 2. The background of this leave petition is that the petitioner filed the above mentioned w......zar Hossain, Advocate........................Petitioner Vs. Janata Bank, Ullapara Branch, Sirajgonj........Respondent Judgment July 8, 2012. Result: The petition is disposed of. Lawyers Involved: Mohammad Ali Akanda, Advocate instructed by Haridas Paul, Advocate-on-Record-Fo..

Category: Civil Law | Date: 8 Jul, 2012 | Hits: 143