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Category: Fiscal/Taxation Law | Date: 26 Jan, 2003 | Hits: 114
Alfazuddin Ahmed Vs. Abdur Rahman and others, 2003, 32 CLC (AD).
....emption case is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 108. ......mptors were aware of the transfer from the time of sale and that the land sought to be pre‑empted being recorded as nishkar, section 24 of the Non-Agricultural Tenancy Act has no manner of application. 4. The Court of 1st instance rejected the prayer for p..Category: Property Law | Date: 21 Jan, 2003 | Hits: 81
Captain (Rtd.) Nurul Huda Vs. State, 2003, 32 CLC (AD).
....ed in connection with any other case. In the result this appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 691. ......enlarged on bail being in custody for almost six years without any trial as the further proceeding of the case has been stayed by the High Court Division in Criminal Revision No. 123 of 2000 on an application filed by another co‑accused and there is no chance of early disposal of the said ..Category: Criminal Law | Date: 1 Dec, 2002 | Hits: 123
Humayun M Vohra Vs. ESPN Star Sports and others, 2003, 32 CLC (AD).
.... The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 99. ...... No. 538 of 2002 dismissing the appeal arising out of order dated 108‑2002 passed by the Joint District Judge, Fifth Court, Dhaka in Title Suit No. 188 of 2002 which summarily rejected the application under Order XXXIX rules I and 2 of the Code of Civil Procedure. ..Category: Procedural Law | Date: 23 Nov, 2002 | Hits: 103
Zyta Garments Ltd. Vs. Union Bank Ltd. and another, 2003, 32 CLC (AD).
....ary and proper party to be added in the suit and find no illegality or infirmity in its judgement calling for our interference. The leave petition is dismissed. Ed. ...... interest but to no effect. Therefore, the plaintiff respondent Union Bank was constrained to file Money Suit No. 55 of 1999. 3. At this stage the petitioner Zyta Garments Ltd. made an application under Order I rule 10 of the Code of Civil Procedure for impleading it as a party in th..Category: Civil Law | Date: 19 Nov, 2002 | Hits: 169
Asalat Zaman (Md) and others Vs. Government of Bangladesh and others, 2003, 32 CLC (AD).
....as aforesaid with interest at the bank rate till realisation. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 139. ......hem, Additional Chief Engineer, East/Track, Bangladesh Railway. The arbitrator gave his award on 16 January, 1991 and submitting the same before the Subordinate Judge the contractor thereupon made an application for making the award a Rule of the Court. But the Chief Engineer, West, Rajshahi and Div..Category: Alternative Dispute Resolution | Date: 17 Nov, 2002 | Hits: 223
DC of Dhaka & ors Vs. Aziz CoÂoperative Housing Society Ltd. & ors, 2006, 35 CLC (AD)
....d under section 3 of the Ordinance for acquisition of 0.1700 acre of land have been issued without lawful authority and is of no legal effect. Accordingly the petition is dismissed. Ed. ...... 6. The writ petitioners have asserted that the .notice issued under section 3 of the Ordinance lacks bonafide on the part of acquisitioning authority and that said notice has been issued without due application of mind to the fact that 160 flat owners and 600 shop owners would be deprived of access..Category: Property Law | Date: 16 Nov, 2002 | Hits: 72
Chair, Board of Inter. & Secn. Edn., Jessore and ors. Vs. Md. Amir Hossain & anr., 2004, 33 CLC (AD)
....n of the principle of natural justice. 7. Thus, the submission of the learned Advocate for the petitioners merits no consideration. The petition is dismissed. Ed. ......e petitioner No. 2 vide Memo No. Prasha/10/P‑22/5/77/913 dated 12‑11-1995 as issued without any lawful authority and of no legal effect. 2. The respondent No. 1 filed an application under Article 102 of the Constitution stating, inter alia, that the writ‑petitione..Category: Constitutional Law | Date: 12 Nov, 2002 | Hits: 322
Taiyaba Zaman Vs. Gias Uddin Ahmed and others, 2002, 31 CLC (HCD)
....cting the application for rejection of the plaint. The learned advocate further referring to Order IX rule 9 of the Code of Civil Procedure submitted that the plaintiff being precluded for bringing a fresh suit in respect of the same cause of action he brought the fresh suit on the same pleadings fo...... allowed on condition to pay Taka 200 as cost. But the plaintiff having failed to deposit the cost of said Miscellaneous Case it was dismissed. 4. The defendant-petitioner subsequently, filed an application under Order VII, rule 11 read with section 151 of the Code of Civil Procedure for reject..Category: Tenancy Law | Date: 6 Nov, 2002 | Hits: 198
Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)
....A was not considered to determine whether it was subsequÂently created. Exhibit A was not considered in juxtaposition with a Exhibit A(1) also signed by deceased Tofayel Ahmed on 16‑11‑1986 on a fresh letterhead which was in use by the company in the eighties. The learned Company Judge did not ......wever, refused as the question whether the respondents continued to be shareholders of the company or not could be decided only by the company Court. 5. Shortly after the service of notice of the application under section 38 of the Companies Act, the original respondent No. 2, Tofayel Ahmed died..Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208
Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).
....e appeal in accordance with law. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 76. ......g of written objection, on that date though the said filing lawyer was present but one Mr. Taherul Islam filed power purportedly executed by the Chairman of the National Board of Revenue and moved an application dated 27‑7‑2000 for withdrawal of the appeal and the appellate Tribunal the ..Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152
Hashibul Bashar Vs. Gulzar Rahman and anr., 2004, 33 CLC (AD)
....tiable Instruments Act. 10. In the background of the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ......the judgment and order of July 13 of 1999 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 7342 of 1998 discharging the Rule. 2. The Rule, upon an application under section 561A of the Code of Criminal Procedure, was obtained seeking quashing of t..Category: Business or Commercial Law | Date: 28 Oct, 2002 | Hits: 326
Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).
....2002. Our judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ......mployees, of ETV have accrued as they have a right to livelihood. Therefore, it imposes upon the court a singular duty to play a balancing role between the- divergent interests by allowing the review application. 16. He has further contended that the Bangladesh Telecommunication Act 200..Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190
Secretary, Ministry of Works and anothÂer Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)
....scussion we lo not fined any substance for allowing the appeal. The appeal is dismissed without any order of costs Ed. This Case is also Reported in: 1 ADC (2004) 312. ......000/-in the year 1982. One of the conditions of the bainapatra was that the vendor will get the income tax clearance certificate and permisÂsion from DIT for the execution of the sale deed. But no application has yet been made for getting the income tax clearance and permission from DIT. He arg..Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110
Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation & others, 2002, 31 CLC (AD)
....impugned judgment and do not find any illegality or infirmity with impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) 23. ......e corporation but US$ 436,578.58 still remained outstanding. But the Corporation ultimately refused to pay any compensation as agreed and hence, the suit. 3. On 24-9-2001 the corporation made two applications, one under Order VII rule 11 of the Code for rejection of the plaint on the ground that..Category: Alternative Dispute Resolution | Date: 20 Aug, 2002 | Hits: 280
Antibiotic Stores & ors Vs. Subordinate Judge and Artha Rin Adalat & anr., 2003, 32 CLC (AD).
....matter we do n any substance in the submission of the Counsel for petitioners for our interference impugned judgment of the High Court Division. The petition is dismissed. Ed. ......f the High Court Division discharging the Rule as not maintainable as the remedy under the Code of Civil Procedure is available in the execution proceedings. 2. The petitioners filed the application under Article 102 of the Constitution stating, inter alia, that petitioners have taken l..Category: Business or Commercial Law | Date: 12 Aug, 2002 | Hits: 121
Category: Constitutional Law | Date: 7 Aug, 2002 | Hits: 180
Sirajul Islam (Md.) and others Vs. State, 2002, 31 CLC (HCD)
....as been pending for a long time the concerned Special Tribunal, Chittagong is hereby directed to dispose of the same expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 536. ......ed the instant appeal challenging the impugned order of framing charge without any legal basis. He contends that in the instant case section 241A of the Code of Criminal Procedure has no manner of application. He also submits that though sections 87 and 88 of the Code are not applicable in the ..Category: Women and Children | Date: 5 Aug, 2002 | Hits: 219
Kalu Sheikh alias Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)
....against them and they are hereby discharged from their respective bail bond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 502 ......e may be caused due to injury or disease. He did not get any dislocation in the hand nor he found any tissue nor any injury on internal organ. The congestion found by him might be caused due to wrong application of medicine or crude medicine application. 16. P.W. 7 Mosharaf Hossain is the inves..Category: Criminal Law, Evidence Law | Date: 31 Jul, 2002 | Hits: 2
Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)
....nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ......d nothing in the petition about the locus standi of the petitioner to challenge the detention order of detenu and there is no statement to the effect that he was authorised by the detenu to place the application before this Court, challenging his detention or somehow he was aggrieved by the order of..Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2