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Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)
....ode of Civil Procedure provides that pleadings must contain all material facts, while rule 3 of Order VIII of the Code requires that denial in the written statement must be specific. It is a cardinal principle of law that material facts must be stated by the parties either in offence or in defense. ......ut any order as to costs. Sent down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ......b Begum Vs. Shaheb Ali Akunji, 12 MLR 337; Shamsul Haque Vs. Sarafat Ali, 46 DLR 57; Reliable Jute Traders Vs. Sonali Bank, 7 BLC 16; Syed Ali Sarder Vs. Shahabuddin Ahmed Chowdhury, 18 DLR 198. Lawyers Involved: AJ Mohammad Ali, with Md. Iqbal Kabir, Advocates - For the Appellants. ..Category: Property Law | Date: 12 May, 2010 | Hits: 133
Aftab Automobiles Ltd Vs. Superintendent Customs, Excise & VA, 2010, 39 CLC (HCD)
.... 33. The order of stay granted earlier by the court stands vacated. Communicate the judgment to the respondents at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 138. ...... 33. The order of stay granted earlier by the court stands vacated. Communicate the judgment to the respondents at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 138. ......xhaustion A petitioner in a VAT case can not take resort to invoke writ jurisdiction without exhausting the forum provided under section 9 (2 ka) of the VAT Act. ........ (27) Lawyers Involved: Zakir Hossain Munshi with Ali Akbor Khan, Advocates—For the Petitioner...Category: Fiscal/Taxation Law | Date: 10 May, 2010 | Hits: 6
Bangladesh Vs. Raj Rajashore Cakra Narayan Jiue Deity and others, 2010, 39 CLC (HCD)
....er Class Suit No.398 of 1981 is hereby affirmed. Send down the lower Court records at once. Shahidul Islam J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 340. ......er Class Suit No.398 of 1981 is hereby affirmed. Send down the lower Court records at once. Shahidul Islam J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 340. ......Cakra Narayan Jiue Deity and others………………………Respondents Judgment May 10, 2010. Result: The appeal is dismissed. Lawyers Involved: Md. Akram Hossain Chowdhury, Deputy Attorney General - For the Appellant.&nbs..Category: Evidence Law | Date: 10 May, 2010 | Hits: 161
....ndant Nos.1-3 Md. Nurul Haque
Sheikh is added as defendant No.5 in the suit.
Let a copy of this Judgment be sent
down at once.
This Case is also Reported in: 17 MLR (HCD) (2012) 409. ......ndant Nos.1-3 Md. Nurul Haque
Sheikh is added as defendant No.5 in the suit.
Let a copy of this Judgment be sent
down at once.
This Case is also Reported in: 17 MLR (HCD) (2012) 409. ......in the suit by the Court
in exercise of its judicial discretion……………………..(10)
Case Referred to-
Md. Nurul Abser Miah Vs. Kiron Shankar
Nandy and others, 41 DLR 148.
Lawyers Involved:
Joyanta Kumar Biswas with Md. Jahangir Alam, Advocates - For
the petitioner...
Category: Procedural Law | Date: 9 May, 2010 | Hits: 4
Nazma Sarwar and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....haka and others...................Respondents Judgment May 6, 2010. Result: The Rule is discharged. Surrender before the court and fugitive from justice The principle of criminal jurisprudence is that the person concerned should submit to the process of j......opy of this judgment be transmitted to the Court concerned at once. SM Emdadul Hoque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 359; 17 MLR (HCD) (2012) 412. ......n Commissioner Vs. Dr. H.B.M. Alamgir and others, 18 BLT (AD) 266; ACC Vs. HBM Iqbal, 15 BLC (AD) 44; Gul Hasan Vs. State, 21 DLR (SC) 109; Chand Shah Vs. Crown, PLD 1956 FC 43 = 8 DLR (FC) 24. Lawyers Involved: None appears - For the petitioner. Md. Khurshid Alam Khan, advocat..Category: Procedural Law | Date: 6 May, 2010 | Hits: 109
Sarwar Hossain Moni Vs. State and another, 2010, 39 CLC (HCD)
....ed to dispose of the case as expeditiously as possible. Let a copy of this order be communicated to the Court concerned immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 510.......ed to dispose of the case as expeditiously as possible. Let a copy of this order be communicated to the Court concerned immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 510.......s discharged. Cases Referred to- Satya Narayan Poddar Vs. State, 53 DLR 403; Sirajul Islam Vs. Tauhid Uddin Ahmed, 15 BLC 39; Nizam Uddin Mahmood Vs. Abdul Hamid Bhuiyan, 2005 BLD (AD) 28. Lawyers Involved: Anisul Huq with Md. Aminul Islam, Advocates - For the Petitioner. Mahbubur R..Category: Banking Law | Date: 6 May, 2010 | Hits: 573
Abdul Qadir and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ervation made above. The order of stay granted earlier by this Court stands vacated. Communicate this Judgment at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 473. ......ervation made above. The order of stay granted earlier by this Court stands vacated. Communicate this Judgment at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 473. ......………………Opposite parties Judgment April 28, 2010. Result: The Rule is made absolute. Cases Referred to- 42 DLR (AD) 234; 1 BCR 131; AIR 1968 (Guj) 301. Lawyers Involved: Probir Haider, Advocate - For the petitioners. Arobinda Kumar Roy, Assis..Category: Procedural Law | Date: 28 Apr, 2010 | Hits: 4
Amina Khatun and others Vs. State and others, 2010, 39 CLC (HCD)
....n Title Suit No.351 of 1994 is set-aside. Title Suit No.351 of 1994 is decreed. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 106. ......n Title Suit No.351 of 1994 is set-aside. Title Suit No.351 of 1994 is decreed. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 106. ...... Claim by the government or by the vested property authority that a certain property is a vested property without the necessary factual basis and legal foundation has no validity in the eye of law. Laws relating to enemy properties now vested properties are fairly well settled by now, properties w..Category: Property Law | Date: 26 Apr, 2010 | Hits: 9
Abu Borhan Khan Khokon Vs. The State & another, 2010, 39 CLC (HCD)
....) 195. 23. In this connection we may also profitably refer the decision in the cast of Ali Akkas Vs. Enayet Hossain and others reported in 17 BLD (AD) 44 wherein their lordship held" the settled principle of law is that to bring a cause within the purview of section 561A for the purpose for qua...... The order of stay granted earlier shall stands vacated. Send a copy of this judgment to the Court concerned for compliance. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 300....... 2010. Result: The Rule is discharged. Case Referred to- Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan, 60 DLR (AD) 195, Ali Akkas Vs. Enayet Hossain and others, 17 BLD (AD) 44. Lawyers Involved: None appears - For the Petitioner. Nizamul Haque Nazim, Assistant Attorn..Category: Banking Law | Date: 25 Apr, 2010 | Hits: 177
Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....ch decision should not normally be inferred.” 14. As regards quashing of proceeding in a Criminal Case the Appellate Division has set up five categories which are as follows: "The settled principle of law is that to bring a case within the purview of section 561A for the purpose of quash......ional Water Resources and Hydropower Engineering and Corporation hereinafter called (CWHEC) at Taka 141,65,30,296 causing loss of Taka 17,89,01,897 to the Bangladesh Government. 3. PDB invited International Tender for the aforesaid Project on 16-4-1997. The bid of FSDI was considered lowest. ......oppression or needless harassment……………….(20) Cases Referred to- Begum Khaleda Zia Vs. State, 55 DLR 596; 1997 BLD (AD) 44 = 2 BLC (AD) 16; 28 DLR (AD) 38; 31 DLR (AD) 69. Lawyers Involved: Sheikh Fazle Noor Taposh with AFM Mesbahnddin, Nurul Islam Sujon, Md. Mehedi ..Category: Criminal Law | Date: 22 Apr, 2010 | Hits: 107
Kazi Md. Abdul Basit Vs. State, 2010, 39 CLC (HCD)
....nted to the public servant if the act complained of has not been committed by him in connection with the discharge of his duty or in the purported exercise in the discharge of his official duty. This principle has been elaborately discussed by the Indian Supreme Court in the case of P.P. Unnikrishna......r arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 219. ...... (35) 1948 Privy Council 128; Lumbhardhar Zutshi Vs. Emperor, AIR 1948 Bom 79; Afzalur AIR 1943 FC18; Matajog Dobey Vs. H.C. Bhari AIR 1956 SC 44; Amrik Singh Vs. State of Pepsu, AIR 1955 SC 309 Lawyers Involved: Jaynul Abedin, Advocate-On-Record-For the Petitioner. None Represented..Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119
Md. Osman Gani alias Faruq Mia Vs. Deputy Commissioner and others, 2010, 39 CLC (HCD)
....ition of law and facts. However, I have gone through the decisions reported in 10 BLC (AD) 153, 2 BLC (AD) 96, 10 BLD (AD) 44, 22 DLR (WP) 99 as referred by him. I am in respectful agreement with the principles enunciated therein but the facts leading to those cases are quite distinguishable to that....... Office is directed to communicate the order at once. Syed Md. Ziaul Karim J.- I Agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 179; 18 BLT (HCD) (2010) 311 . ......ah Molla alias Shafiuddin Molla and others, 10 BLD (AD) 44; Shamsul Islam (Md.) Vs. Dhirendra Nath Paul and others, 2 BLC (AD) 96; Government of Bangladesh Vs. Sunil Kumar Kha, 10 BLC (AD) 153. Lawyers Involved: Abdul Quiyum, Advocate with Salim Reza Chowdhury, Advocate - For the petition..Category: Procedural Law | Date: 6 Apr, 2010 | Hits: 111
M/S. Golden Match Works Limited Vs. Customs, Excise and VAT Appellate Tribunal, 2010, 39 CLC (HCD)
....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. ......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. ...... Cases Referred to- Bombay Sweets and Company Ltd. Vs. President, Appeal Tribunal, 5 ADC 478; RM Oil Refinery Ltd. Vs. Appellate Tribunal, Customs, Excise and VAT and others, 9 BLC 207. Lawyers Involved: Golam Mohiuddin, Advocate - For the petitioner. Tapash Biswas, Assistant..Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 8
....gned orders are liable to be declared to have been passed without jurisdiction in as much as, the impugned e orders have been passed in abuse of executive power for ulterior motive as because settled principle is that the goods should be assessed on the basis of the duty which was existent on the da......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.
......e basis of the duty which was in existence at the presentation of the Bill of Entry……………(26 & 28)
Case Referred to-
Esquire Electronics Limited Vs. Bangladesh, 59 DLR (AD) 91.
Lawyers Involved:
Fida M. Kamal with Mr. Ashraful Hadi, Mr. Abdullah M. Hasan, Advocates - ..
Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 134
Sayeda Nasima Sarwar Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
.... there. We are of the view that in the absence of such surrender she is a fugitive from justice. In this regard we take support from the case of Mahmud Hossain, where it was held: "Cardinal principle of the criminal jurisprudence is that the person concerned should submit to the process of...... 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. ...... Cases Referred to- Salma Shahadat Vs. State, 14 BLC 26; Bangladesh Vs. Tan Kheng Hock, 31 DLR (AD) 69; Anti Corruption Commission and others Vs. Mahmud Hossain and others, 61 DLR (AD) 17. Lawyers Involved: A.M. Mahbub Uddin, Advocate with Nazmul Huda, Advocate, A.H.M. Mizanur Rahman..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 103
Safiat Sobhan Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
.... 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. ...... 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. ......mission Vs. Md. Hasan, Civil Petition for Leave to Appeal No.1432 of 2008; Salma Shahadat Vs. State, 14 BLC 26; CPLA No.1432 of 2008; ACC Vs. Mahmud Hossain, 61 DLR (AD) 17; CPLA No. 22 of 2010. Lawyers Involved: Rafique-ul-Huq, Senior Advocate with Ahsanul Karim with Faheemul Huq, Advocat..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 189
....are also permitted to file important documents by way of additional paper books at the time of hearing of the appeal, if so desire.
Ed.
This Case is also Reported in: VII ADC (2010) 1008.
......are also permitted to file important documents by way of additional paper books at the time of hearing of the appeal, if so desire.
Ed.
This Case is also Reported in: VII ADC (2010) 1008.
.............Petitioners
Vs.
Asia Rahman Shova and others ……………......Respondents
Judgment
March 22, 2010.
Result:
The leave is granted.
Lawyers Involved:
M. K. Rahman, Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record..
Category: Employment/Service Law | Date: 22 Mar, 2010 | Hits: 92
Md. Tofazzel Hossain and others Vs. People's Republic of Bangladesh, 2010, 39 CLC (HCD)
....f this Judgment and order. Ad interim direction granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 235. ......or and the Director respectively of New Nation Garments Ltd. a bona fide export oriented garment factory and also exporting ready made Garments under back to back L/C. 3. The Respondent No.7 International finance investment and Commerce Bank Ltd. Elephant Road Branch, Dhaka is the financer......esh Secretariat, Ramna, Dhaka, and others……………………………………Respondent Judgment March 16, 2010. Result: The Rule is disposed of with observations. Lawyers Involved: Anupam Biswas with Sabya Sachi Mondal - For the Petitioners. Fahed Mahm..Category: Civil Law | Date: 16 Mar, 2010 | Hits: 7
Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)
....e the written statement was sought to be amended after long lapse of time. The Court held as; 'Amendment of a plaint and amendment of a written statement are not governed by exactly the same principle. The defendant would not be allowed to introduce an alternative and completely different k....... 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. ......nnibai, AIR 1957 Nag 15; Radha Krishna Vs. Dwaraka Das, 36 DLR (AD) 253; Keramat Ali Vs. Yunus, 15 DLR (SC) 120; Sagarmal Vs. Annpurna, AIR 1964 Pat 298; Montazullah Vs. Farasatullah, 26 DLR 31. Lawyers Involved: TH Khan, Advocate—For the Appellants. Fida M Karnal, Advocate&mda..Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13
Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
.... narrated above. He went on to submit that the charge hearing Court is bound to ensure the presence of accused and to allow him to place his case at the time of the charge hearing. He argued that the principle he relies on is so immutable that slightest departure from that dogma is bound to plunge a......Tripura 41; Hazi Abdur Rahaman Vs. Syeedul Haque Chowdhury, 38 DLR 4; Bibhuti Bhusan Das Gupta and others Vs. The State of West Bengal, AIR 1969 SC 381; Emperor Vs. Nazir Ahmed, AIR 1945 PC 18; Shrei International Finance Ltd. Vs. M G Narayana, 1998 Cr. L J 2220; State of UP Vs. OP Sharma, AIR 1996 ......; R Vs. Reading Crown Court ex p Hutchinson, 1988 QB 384; R Vs. Devizes Justices ex p Lee; DPP Vs. Head, 1959 AC 83; R Vs. Smith, 1984 Cr. L. R. 630; R Vs. Oxford Crown Court ex p Smith, 1989 2 Admin Law Report; R Vs. Chief Constable of Merseyside ex p Calveley, 1986 Q.B. 424; Leach Vs. Deputy Gover..Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228
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