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Chairman, National Board of Revenue (NBR) Vs. Advocate Zulhas Uddin Ahmed and others, 2010, 39 CLC (AD)

....l Karim J.- This Petition for Leave to Appeal is directed against the judgment and order dated the 14th day of July, 2009 passed by the High Court Division in Writ Petition No.1190 of 2009 making the Rule absolute. 2. The facts involved in the case, in short, are that the writ-petitioners are chall......e (NBR), Shegunbagicha, Dhaka, Bangladesh............…Petitioner Vs. Advocate Zulhas Uddin Ahmed and others.............Respondents Judgment July 8, 2010. Result: The petition is dismissed. Lawyers Involved: S. M. Moniruzzaman, Assistant Attorney-General instructed by Mrs. Sufia Khatun, A..

Category: Health Law | Date: 8 Jul, 2010 | Hits: 376

Dhirendra Nath Mondal Vs. Agrani Bank Ltd and others, 2010, 39 CLC (HCD)

....n Adalat Ain, 1990 appeal can be preferred against the aforesaid Judgment and order. For preferring appeal 50% of the decretal amount must be deposited. Secondly, by filing application under Order IX Rule 13 of the Civil Procedure Code, the judgment and order of Artha Rin Adalat can be challenged by......Rule 13 of the Civil Procedure Code, the judgment and order of Artha Rin Adalat can be challenged by depositing 50% of the decretal amount. ....... (6) Writ Jurisdiction can not be invoked Law is now settled since special provision of appeal has been made against the decree passed by the ..

Category: Civil Law | Date: 7 Jun, 2010 | Hits: 6

Md. Sahab Uddin Vs. State and another, 2010, 39 CLC (HCD)

....ult, the rule is discharged. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at office. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 467. ...... payee to deposit the account payee cheque in the bank of the payee for collection and that he cannot transfer this cheque to any other persons by negotiation……………………………(14) Lawyers Involved: Md. Fakhar Uddin, Advocate - For the petitioner. Md. Ali, Advocate - For th..

Category: Civil Law | Date: 30 May, 2010 | Hits: 43

Abul Hashem Vs. State, 2010, 39 CLC (HCD)

....e set at liberty at once if not wanted in connection with any other case. Send down the LC records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)16.   ......owdhury Vs. State, 11 BLD (AD) 2=42 DLR (AD) 253; State Vs. Musa 15 BLD 169=1 BLC 467; Momin Alais Mominul Hoq Vs. State, 16 BLD 246=48 DLR 282; Abdul Bahar alias Abul Bahar Vs. State, 5 BLD 84. Lawyers Involved: Anisul Haque with Sk Baharul Islam, Advocates—For the Appellants. ..

Category: Evidence Law | Date: 26 May, 2010 | Hits: 8

Commissioner of Customs and others Vs. M/S. Sunlit Fashion Limited, 2010, 39 CLC (AD)

....ment Md. Tafazzul Islam J.- This appeal, by leave, is directed against the judgment and order dated 2.11.2002 of the High Court Division passed in Writ Petition No.5093 of 2001 making absolute the Rule obtained challenging the Memo dated 23.7.2001 issued by the appellant No.1 demanding Tk. 6,22,9...... Md. Abdul Aziz J Commissioner of Customs and others……............Appellants Vs. M/S. Sunlit Fashion Limited..................................Respondent Judgment May 19, 2010. Lawyers Involved: Mahbubey Alam, Attorney General, instructed by A.S.M. Khalequzzaman, Advocate-o..

Category: Fiscal/Taxation Law | Date: 19 May, 2010 | Hits: 63

Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)

....­sion of the plaintiffs by filing written statement or pleading." Learned Advocate next relied on decision of Reliable Jute Traders Vs. Sonali Bank reported in 7 BLC 16 where it has been held that, "Rule 2 of Order VI of the Code of Civil Procedure provides that pleadings must contain all material ......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)

....t Petition) as well as the direction given, by him to the petitioner to deposit Taka 20,64,049 through treasury challan as Government revenue. 2. Material facts necessary for the disposal of the Rule, in short/are as under: The petitioner, Aftab Automobiles Limited, is a limited company incorpo......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. ......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

Most. Johura Begum alias Mosammat Johara Begum Vs. Alhaj Abdur Rob Bhuiyan and others, 2010, 39 CLC (HCD)

....¦.Plaintiff-petitioner Vs. Alhaj Abdur Rob Bhuiyan and others………………………………………..Defendant-opposite parties Judgment May 9, 2010. Result: The Rule is made absolute. The Code of Civil Procedure, 1908 (V of 1908); Order I Rule 10(2) A......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)

....Bangladesh repre­sented by the Secretary, Ministry of home Affairs, Bangladesh Secretariat, Ramna Dhaka and others...................Respondents Judgment May 6, 2010. Result: The Rule is discharged. Surrender before the court and fugitive from justice The ......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)

.... J Sarwar Hossain Moni……………………………Accused-Petitioner Vs. State and another…………………………Opposite Parties Judgment May 6, 2010. Result: The Rule is discharged. Cases Referred to- Satya Narayan Poddar Vs. State, 53 DLR 403; Sirajul Is......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)

....t of Bangladesh, represented by the Deputy Commissioner, Narayangonj and others………………………………………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......………………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. ...... 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)

.... Abu Borhan Khan Khokon……………………Petitioner Vs. The State & another………………………Opposite parties Judgment April 25, 2010. Result: The Rule is discharged. Case Referred to- Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan, 60 DLR (...... 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)

.... now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 22; 30 BLD (HCD) (2010) 429 .......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)

....ance of the petitioner is directed against the judgment and order dated 10.02.2009 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No.5017 of 2008 discharging the Rule. 2. The accused-petitioner filed Criminal Miscellaneous Case No.5017 of 2008 under Section...... (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. Amzad Hossain Sarder alias Bhojey and others Vs. State, 2010, 39 CLC (HCD)

....not inclined to interfere with the impugned order. In the result, the rule is discharged. Communicate the order forthwith. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 416. ......onviction on the basis of the testimony of ocular witness leaving aside the post mortem report...........................(8)  Case Referred to- State Vs. Ful Miah, 5 BLC (AD) 41. Lawyers Involved: A.Y. Masihuzzaman, Advocate - For the accused-petitioner. Dr. Md. Bashir..

Category: Evidence Law | Date: 12 Apr, 2010 | Hits: 8

Md. Osman Gani alias Faruq Mia Vs. Deputy Commissioner and others, 2010, 39 CLC (HCD)

....Gani alias Faruq Mia……………………Petitioner Vs. Deputy Commissioner and others……………………….Opposite parties Judgment April 6, 2010. Result: The Rule is discharged. The Code of Civil Procedure, 1908 (Act No. V of 1908); Ord......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)

...., represented by its President, Jiban Bima Bhaban, (4th Floor), 10, Dilkusha Commercial Area, Dhaka and others………………Respondent Judgment March 25, 2010. Result: The Rule which is discharged. Cases Referred to- Bombay Sweets and Company Ltd. Vs. Preside...... 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

Shabnam Vegetable Oil Industries Limited Vs. Commissioner of Customs (Import) and others, 2010, 39 CLC (HCD)

....r Vs. The Commissioner of Customs (Import), Customs House, Police Station Bandar, Chittagong and others…………………………Respondents Judgment March 25, 2010. Result: The Rules are made absolute. Assessment should be made and the customs duty should be levied on the ......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