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M/S. Golden Match Works Limited Vs. Customs, Excise and VAT Appellate Tribunal, 2010, 39 CLC (HCD)
....ny under section 37(2) of the VAT Act, 1991 (herein after referred to as Act) for allegedly evading payment of VAT, should not be declared to have been passed without lawful authority and is of no legal effect. 2. Facts leading to issuance of the Rule, in short, are that pursuant to an irre......the Tribunal. 16. We do not find any merit in the Rule which is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 249. ..Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 8
....) passed by the respondent No.3 on the ex-Bond Bills of Entry No.238393, No.238396 and No.238397 all dated 12.07.2007 should not be declared to have been passed without lawful authority and are of no legal effect and why they should not be directed to assess the petitioner's goods imported under Let......4.07.2007. The respondents are hereby directed to release the Bank Guarantees in accordance with law if submitted by the petitioner.
Ed.
This Case is also Reported in: 17 MLR (HCD) (2012) 437.
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Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 134
Sayeda Nasima Sarwar Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....(5) of the Emergency Power Rules, 2007, corresponding to G.R. No.880 of 2007, now pending before the Chief Judicial Magistrate, Barisal should not-be declared to be without lawful authority and of no legal effect. 2. Pending disposal of the Rule, further proceedings of the case were stayed so f...... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 350. ..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 103
Safiat Sobhan Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....2004 read with section 109 of the Penal Code, now pending before the Special Judge, Court No.1, Dhaka should not be declared to have been initiated and continued without lawful authority and is of no legal effect. 2. The facts of the case relevant for disposal of this Rule, in brief, are that a...... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this Judgment be communicated at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 511. ..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 189
Md. Tofazzel Hossain and others Vs. People's Republic of Bangladesh, 2010, 39 CLC (HCD)
....No.6 and have no relation with the said firms and requested him to inform the Bangladesh Bank and take step to strike out them name from C/B ledger of Bangladesh Bank as defaulters which was done illegally. But the Respondent paid no heed to the prayers of the petitioners. Accordingly the petiti......ners through his lawyer sent a demand of justice notice to the Respondents Nos.3 and 6 but no response was received. Hence they filed the present writ petition and obtained the Rule and an order of status quo. 7. Mr. Anupam Biswas, the learned Advocate for the petitioner submits that the pet..Category: Civil Law | Date: 16 Mar, 2010 | Hits: 7
Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)
....r of 1993 and further declaring transfer permission in Memo No.RAJUK/ESTATE/270 (2) Stha dated 25-1-1995 issued by Deputy Director (Estate), Rajdhani Unnayan Kartipakha, Dhaka as void, ineffective, illegal and not binding on the plaintiff. Also for a decree for declaring any and all sale deed(s) exe....... 44. In the result, the appeal is dismissed. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 323. ..Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13
Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....e charge sheet, disclose any offence known to any penal law of the country. It has also been alleged that there was no material before the Court below to frame the charge, and as such, the same was illegal, without lawful authority, ultra vires the penal law of the country and is, therefore liable t......squo;s entirety, but so far as the same relates to the Petitioner only. There will, however, be no order as to costs. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228
Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....ation, who were lucky enough to miraculously survive the diabolic holocaust of 15th August 1975, and to tarnish her image to the right thinking people worldwide, initiated the said criminal case, the legality of which has been questioned by this petition. It has been asserted that since a decision a......ption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102
Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....tion, who were lucky enough to miraculously survive the diabolic holocaust of 15th August 1975, and to tarnish her image to the right thinking people world wide, initiated the said criminal case, the legality of which has been questioned by this petition. It has been asserted that since a decision a......uption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131
....o.3, Dhaka and the impugned Memo No.C-25/2007 (Tadanta-2)/8386 dated 20.9.2007 issued by respondent No.2 should not be declared to have been initiated and issued without lawful authority and is of no legal effect."
2. Pending disposal of the Rule the proceedings of the Special Cases impugn......les is hereby vacated. Bail of the petitioners is cancelled.
Let a copy of this judgment and order be transmitted at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 409.
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Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 145
State Vs. Secretary, Ministry of Home Affairs, 2010, 39 CLC (HCD)
.... never be compensated, but the officials concerned who have perpetrated such anguish and misery upon the children must be made to realise that what they have done is morally wrong and also palpably illegal………………………….(32) The Children Act, 1974 (Act No. XXXIX of 1974); sections......rection that a copy be kept in the dossier of the two learned Magistrates concerned. Md. Abu Tariq J. - I agree. This Case is also Reported in: 16 MLR (AD) (2011) 254; 30 BLD (HCD) (2010) 265. ..Category: Women and Children | Date: 1 Mar, 2010 | Hits: 177
Ayrin Akhter Lypi Vs. Bahadur Khan and another, 2010, 39 CLC (HCD)
....o.1 suddenly attacked her and snatched away her wearing ornaments, namely, Chain, Bracelet, earring, tops all made of gold valued at Tk.10,000/- for which the informant made attempt to take resort to legal shelter but could not take because of their threat of death. On 12.6.2001 at about 4-30 P.M......his judgment and order to the Court concerned for inf6rination and necessary action. Ed. This Case is also Reported in:19 BLT (HCD) (2011) 488; 15 MLR (HCD) (2010) 139; 30 BLD (HCD) (2010) 280. ..Category: Women and Children | Date: 27 Jan, 2010 | Hits: 156
Nuvista Pharma Limited Vs. Chairman, National Board of Revenue & ors, 2010, 39 CLC (AD)
.... capability of the company which amounted to duress. The respondents cannot claim VAT for more than last three years as per provision of section 55 of the Value Added Tax Act, 1991 and they are illegally claiming the additional VAT in violation of section 55 of the aforesaid Act. The claim o......der. In the premises we do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 302. ..Category: Business or Commercial Law | Date: 4 Jan, 2010 | Hits: 4
Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)
....ip;……………(13) The relation of a Shebait in regard to the debuttor property is not that of a trustee to trust property under the English law. In English Law, the legal estate in the trust property vests in the trustee who holds it for the benefit of the Cestui Q......it of Cestui Que trust. The entire ownership of the dedicated property is transferred to the deity. It is an admitted fact that the plaintiff is the Shebait of the deity. Now the question what is the status of the Shebait of a public debuttor property. It has been observed by the judicial committee ..Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94
Nirmal Chandra Shaha Vs. The State and others, 2009, 38 CLC (HCD)
....helter Home of BNWLA, since that would be a better place for the victim girl to reside and stay for her education until her husband could take care of her according to law as the Hindu husband is the legal guardian of his wife whether minor or major. It is further stated that BNWLA as a human rights......liance to the Registrar of this Court. With the above directions and observations, the appeal is allowed. Naima Haider J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 584. ..Category: Women and Children | Date: 14 Dec, 2009 | Hits: 150
Government of Bangladesh Vs. Syed Md. Belayet Hossain, 2009, 38 CLC (HCD)
....াপকের অভিজ্ঞতা প্রয়োজন। অভিজ্ঞতার সনদ পেশ করতে অনুরোধ করা হল। The above endorsement has got no legal basis because as per Circular No. শাঃ১১/বিবিধ-৫/৯৪/(অংশ-৬)......ng and accordingly the above judgment and order of the High Court Division does not call for any interference. The petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 512. ..Category: Employment/Service Law | Date: 10 Dec, 2009 | Hits: 159
Rezaul Kabir (Md.) and another Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....ling the appointment of the Petitioners without giving any notice for showing cause or any opportunity to be heard should not be declared to have been issued without any lawful authority and is of no legal effect and/or pass such other or further order or orders as this Court may seem fit and p......t entitling them to certain rights under the law. As stated in the case of Kazimuddin (Md.) Vs. Bangladesh reported in 60 DLR (2008) 61 the respondents of theft own motion granted the Petitioners the status of Government servants and converted their posts into regular one and the Petitioners having ..Category: Administrative Law, Employment/Service Law | Date: 22 Nov, 2009 | Hits: 3
....ed calling upon the respondents to show
cause as to why the step of the respondents to construct a new road through the
Azimpur Graveyard by destroying thousands of graves should not be declared
illegal and without lawful authority and/or pass such other order as to this
court may seem fit and p......onstruct a boundary wall which has been
demolished by the contractor within such period.
Stay granted earlier by this court is
hereby vacated.
Ed.
This Case
is also Reported in:
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Category: Constitutional Law | Date: 17 Nov, 2009 | Hits: 6
Md. Jubayer Vs. State and others, 2009, 38 CLC (HCD)
.... Thereafter, the complainants presented the cheque to the Bank concerned for encashment on 29.05.2007, but it was also dishonoured for insufficient fund. 3. Thereafter, the complainants served a legal notice upon the accused-petitioner by registered post on 25.06.2007 demanding the money in que......der be sent to the Court concerned at once for information. Afzal Hossain Ahmed, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 343; 15 MLR (HCD) (2010) 424 . ..Category: Criminal Law | Date: 9 Nov, 2009 | Hits: 128
Zahirul Islam & others Vs. Government of Bangladesh others, 2009, 38 CLC (HCD)
...., 2850, 2857, 2858, 2859 and 3025 of 1999 with a reference to Miscellaneous Case No. 760 of 2002 (Annexure-E, E (1), E(2), E(3), E(4), E(5), E(6) and E(7) should not be declared to have been passed illegally and without lawful authority and why direction should not be issued to send the draft public......Dhaka prepared in the name of the petitioners to the settlement press for final publication. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 168 ..Category: Property Law, Tenancy Law | Date: 28 Oct, 2009 | Hits: 5
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