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Sew Bishar Prasad Vs. Collector of Customs, Chittagong and others, 2001, 30 CLC (HCD)
....sers Bangladesh Traders, having his business office at Sena Kallyan Bhaban, Room No.901, 9th Floor, 195 Motijheal Commercial Area Dhaka, calling upon the respondents to show cause as to why the order dated 6-5-95 (Annexure-E) issued by the respondent No.-3 the Appraiser, Chittagong Customs House, Ch......at the impugned order is illegal and it has infringed the fundamental right of the petitioner. 7. Mr. Ramjan Ali Sikder, the learned Counsel for the petitioner in support of his argument cites the decision in the case of Russell Vegetable Oil Ltd. Vs. Collector of Customs, Chittagong and others, ..Category: Fiscal/Taxation Law | Date: | Hits: 83
Wahidul Haque Vs. Bangladesh and others, 2002, 31 CLC (HCD)
.... Wahidul Haque filed a case bearing No. 64/92 the 1st Court of Settlement Dhaka praying for release of the property from the list of abandoned property. The Settlement Court by its judgment and order dated 15-11-1994, dismissed that case. The petitioner then filed writ petition No.2323 of 1994 again......to give effect to the judgments of this Court or other competent courts of law and in those writ petitions either directions were made as prayed for or observations were made to the effect that after decision of the Court, the government did not require to make further notification in the official g..Category: Property Law | Date: | Hits: 38
....Judgment
NK Chakravartty J.- This Rule at the instance of defendant-petitioner namely, the Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) RAJUK Bhaban, Dhaka, is directed against the Order No. 14 dated 7-5-2000 passed by the learned Subordinate Judge, 5th Court, Dhaka rejecting the petitioners w......tion of opposite party No.2 to pass the award at all and, as such, the learned Court below ought not to have rejected written objection and thus committed an error of law resulting in an error in the decision occasioning failure of justice.
9. In fine, the last point canvassed before us, by Mr. M..
Category: Alternative Dispute Resolution | Date: | Hits: 196
Barrister Ziaur Rahman Khan Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....ruction and reconstruction of roads, schools, madrasas and for distribution of relief goods and materials effectively, amongst the people of all unions of the Thana vide Memo No. SMA-BKHAK-2/5/94-762 dated 21-8-96 (Annexure-A). The said Annexure is further reiterated by a directive from the Ministry...... circulars. In this connection Annexure ‘I’ to the affidavit-in-opposition of respondent Nos.1-4, a Memo Dated 26-09-93 issued by the Cabinet Division, can be referred to. By this official Memo a decision is taken by the Cabinet to form the Thana Co-ordination Committee comprising of persons as ..Category: Administrative Law | Date: | Hits: 462
Ahsan Karim Jinnah Vs. Meghna Insurance Company Limited & others, 1999, 28 CLC (HCD)
....ency meeting held on 5-8-99 that the transfer of his aforesaid 10,000 shares to the respondent Nos.2 to 7 was approved, although no such transfer was at all discussed and approved in the said meeting dated 5-8-99. It is stated that even the notice dated 4-8-99 in respect of the said emergency meetin......t render the transfer invalid as the instrument of transfer in this case can be affixed with requisite stamps even now as there is no time limit in this regard. Mr Yusuf referred to and relied on the decision reported in 43 DLR 329 of this Court in this connection. 7. The question that has arisen..Category: Company Law | Date: | Hits: 203
Nazim Habibuzzaman Vs. World Bank & others, 2001, 30 CLC (HCD)
.... Khandaker A Quaiyum, Advocate — For the Appellant. Not represented —the Respondents. First Appeal No. 99 of 1997. Judgment ABM Khairul Haque J.- This appeal arises out of the order dated 9-4-1997, passed by the Subordinate Judge, First Court, Dhaka, in Money Suit No. 9 of 1997 dis......ble to be rejected in limine. In the result, the appeal is dismissed but without any order at to cost. Send down the records forthwith. Ed. This Case is also Reported in: 54 DLR (2002) 159...Category: Others | Date: | Hits: 79
M Tariqullah Sikder Vs. Sonali Bank, 2005, 34 CLC (HCD)
....he Appellant. Md. Golam Mostafa, Advocate-For the Respondent. Appeal from Original Decree No. 337 of 2003. Judgment Md. Abdul Quddus J.- This FA 337 of 2003 is preferred against judgment dated 25-3-2003 by Joint District Judge, 3rd Court Dhaka rejecting plaint of TS No. 194/2002 under O......ment and decree TS 194/ 2002 was rightly filed separately to set aside said ex parte decree. In such connection he refers to provision of section 9 of the Code of Civil Procedure and also relies on a decision reported in 1996 BLD 423; 49 DLR 248 (Md Shahidullah vs Abdus Sobhan Talukder). He contends..Category: Civil Law | Date: | Hits: 92
....al— For Respondent No. 1.
Writ Petition No. 3464 of 1996.
Judgment
Afzal Hossain Ahmed J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned bill dated 1-8-1996 vide Annexure-F and the Memo No. D-F/l 04/93/170 dated 14-8-1996 (Annexure-D) issued ......e opinion of such Inspector or such person, have been correct * * *; and where the matter has been decided by any person other than the Electric Inspector, an appeal shall lie to the Inspector, whose decision shall in every case be final; but, save as aforesaid, the register of the meter shall in th..
Category: Others | Date: | Hits: 131
Abdur Rahman Vs. State, represented by Deputy Commissioner, 2006, 35 CLC (HCD)
....for sale of their inherited property and subsequently finalised the sale by executing and registering the suf-kabala in favour of the accused No. 1, Abul Kalam Azad, and, as such, the said Bainapatra dated 12-3-1992 became past and closed transaction. It has further been stated in the FIR that the a......ocument has been produced in evidence in a proceeding before any Civil, Criminal or Revenue Court. The question being of vital importance we have examined the different provisions of law and also the decisions of the apex Court on the point. 12. In that case Nur Ahmed vs. Kalimuddin reported ..Category: Criminal Law | Date: | Hits: 43
State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)
....alias Taha convicting them under sections 302/120B/34 of the Penal Code in Druta Bichar Tribunal Case No. 22 of 2003 arising out of Rupganj Police Station Case No. 20(8)2000 by the judgment and order dated 18-1-2004. Those convicts were also sentenced to pay a fine of Taka 10,000 each. Challenging......information report and, the same at best could be treated as a statement of its maker PW 1 under section 161 of the Code of Criminal Procedure. This view of ours very well gets further support from a decision in the case of Srimanta Manna and another vs. State, AIR 1960 (Cal) 519." 51. In the cas..Category: Criminal Law | Date: | Hits: 40
AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)
....No. 11080 of 2006. Judgment Sharifuddin Chaklader J.- These two Rules were issued at the instance of the accused petitioners for quashment of the proceedings of Fatullah PS Case No. 125 dated 27-4-2006 pending in the Court of Magistrate, First Class, Narayanganj (South). 2. The ......ook any step for recalling the warrant of arrest, it is apparent that the accused petitioners are fugitives from justice. 12. In the case of Khalilur Rahman vs. State, relied on an unreported decision of the Special Bench dated 13-4-1978 passed in Criminal Appeal No. 472 of 1968, that is, th..Category: Criminal Law | Date: | Hits: 97
Ali Ashraf Mia Vs. Chairman, First Court of Settlement and others, 2006, 35 CLC (HCD)
....No. 3127 of 1997 with Petition No. 3128 of 1997. Judgment Tariq-ul-Hakim J.- Rules Nisi were issued calling upon the respondents to show cause as to why the impugned judgment and orders dated 13-21996 and 12-11-1995 vide Annexure-B of the Writ Petition passed by the respondent No. 1,......ent in Bangladesh after Liberation and that he did not receive any consideration money for the case property and, as such, it has been stated that the First Court of Settlement rightly arrived at its decision by dismissing the petitioner's case which calls for no interference by this Court. 1..Category: Property Law | Date: | Hits: 39
Executive Engineer, Roads and Highways Vs. Naderuzzaman and others, 2007, 36 CLC (HCD)
....site Parties. Civil Revision No. 443 of 2006. Judgment Bijan Kumar Das J.- This Rule was issued calling upon the opposite party No. 1 to show cause as to why the impugned judgment and order dated 26-1-2006 passed by the learned Joint District Judge, 2nd Court, Noakhali in Miscellaneous (Re......prayer for review is based on the grounds mentioned in rule 1 of Order XLVII of the Code, the Court will not sit on the matter again for a rehearing or further hearing which is already concluded by a decision even if that be erroneous……………..[Fazle Karim vs Government of Bangladesh, 48 DLR ..Category: Procedural Law | Date: | Hits: 75
Bellal Hossain (Md) & others Vs. Md. Yasin Ali Mondal and ors., 2007, 36 CLC (HCD)
....rty No. 1. Civil Revision No. 4386 of 2002. Judgment SM Ziaul Karim J.- This Rule was issued, calling upon the opposite party No. 1 to show cause as to why the judgment and order dated 17-6-2002 passed by the learned District Judge, Naogaon in Miscellaneous Appeal No. 67 of 2000...... the Court of appeal below without reversing the finding of facts arrived at by the trial Court most illegally allowed the pre-emption thereby com- mitted an error of law resulting in an error in the decision occasioning failure of justice. 7. Mr. Aminul Haq Helal, the learned Advocate appear..Category: Property Law | Date: | Hits: 23
Commissioner of Taxes Vs. Prime Bank Ltd., 2007, 36 CLC (HCD)
.... Respondent. Reference Application No. 150 of 2002. Judgment Md. Abdur Rashid J.- The above reference was presented by the Deputy Commissioner of Taxes against the impugned order dated 19-12-2001 of the Taxes Appellate Tribunal, which set aside the order 10-9-2000 passed by the ......the Taxes Appellate Tribunal did not commit any error in setting aside the addition of such capital loss by the Inspecting Additional Commissioner of Taxes. In support, he strenuously relied upon the decision of this Division in the case of ANZ Grindlays Bank Plc vs. Commissioner of Taxes (East) Zon..Category: Fiscal/Taxation Law | Date: | Hits: 82
Abdur Rashid Miah and another Vs. Md. Zami Shah Newaz and others, 2007, 36 CLC (HCD)
....nt Siddiqur Rahman Miah J.- This revisional application under section 115(1) of the Code of Civil Procedure at the instance of the plaintiffs-respondents is directed against the judgment and order dated 6-1-2000 passed by the learned Additional District Judge, Bhola in Title Appeal No. 59 of 1997......ut disposing of the earlier application. He further submits that the impugned order is based on misconception of law and the learned Court below committed an error of law resulting in an error in the decision occasioning failure of justice. 16. The opposite party Nos. 1 to 6 by filing a coun..Category: Property Law | Date: | Hits: 32
Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... the Artha Rin Adalat, 1st Court, Chittagong, namely Mr. Md. Abdur Rouf, being violative of Article 116 of the Constitution and section 4(5) of the Artha Rin Adalat Ain, 2003 and also the order No. 9 dated 296-03 passed by the Adalat in Mortgage Execution Case No/35 of2002 transferring the same un......judges of the respective Adalat are concerned Mr. Munir Sharif, the learned Advocate for the petitioners in all these four Rules, submits that he will not press the portion of the Rule in view of the decisions so given by the apex Court as well as by this bench of the High Court Division. 14. Ho..Category: Constitutional Law | Date: | Hits: 168
Abdul Mannan Matubbar Vs. Bangladesh Water Development Board and others, 2007, 36 CLC (HCD)
....ment: Afzal Hossain Ahmed J.- This Rule Nisi was issued calling upon the respondents to show cause as to why Memo No. ৫৬/ পাউবো/শৃং/শা-৩/অভি(ক) ২০/৯৩ dated 11-3-1999 issued by respondent No. 4 (Annexure-E) imposing compulsory retirement upon the peti......not a court to follow procedures of the trial or enquiry according to the Civil Procedure Code. In appropriate cases, considering the facts and circumstances thereof such a tribunal may arrive at a decision simply by questioning the accused and considering his explanation............................Category: Employment/Service Law | Date: | Hits: 76
Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... 2004 a Rule Nisi has been issued under Article 102 of the Constitution upon the respective respondents to show cause as to why the impugned order of "Transformation" of TS 195/2000 vide order No. 14 date 1-10-2003, previously filed under the provisions of Artha Rin Adalat Ain, 1990 into new case in......ted the said offer, availed the loan facilities under the sanctioned limit and enjoyed its benefit is now estopped from alleging contravention of law for claiming interest. In this regard, citing the decision given by the Appellate Division in Civil Petition for Leave to Appeal No. 22 of 1998. Mr Ah..Category: Others | Date: | Hits: 104
Integrated Services Ltd. Vs. Commissioner (Current Charges), Customs and others, 2007, 36 CLC (HCD)
....cates —For the Petitioner. MA Azim Khair, Deputy Attorney-General—For the Respondents. Writ Petition No. 6171 of 2004. Judgment Md. Abdur Rashid J.- In the above Rule Nisi, the letter dated 24-10-2004 issued by one Assistant Commissioner, respondent No. 3 (Annexure-R) directing the p...... supplementary affidavit today, it is further stated. that pursuant to the letter of the petitioner dated 9-9-2004 a senior Assistant Secretary of the Ministry concerned informed the Government's decision to release the stamps and that the Commissioner of Customs would soon be given instruction ..Category: Business or Commercial Law | Date: | Hits: 178
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