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....cember, 1985 to the petitioner as prayed for within a period of 30 days of receipt of this order, positively.
Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 704.
......cember, 1985 to the petitioner as prayed for within a period of 30 days of receipt of this order, positively.
Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 704.
......lam, the learned Assistant Attorney-General, found it difficult to face the challenge thrown on behalf of the petitioner that the nature of the business of the petitioner under the licence is not tantamount to business turnover within the meaning of the Ordinance to be levied with turnover tax.
1..
Category: Administrative Law | Date: | Hits: 491
Md. Iddris Sheikh Vs. State, 2008, 37 CLC (HCD)
....f Chief Judicial Magistrate, Faridpur, shall continue in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 223. ......nt is fully applicable in this case. 24. We have gone through the decision reported in 9 MLR (AD) 299 as referred by the learned Counsel for the petitioner. We are in respectful agreement with the principles enunciated therein, but the facts leading to that case are quite distinguishable with tha......e year before upon checking the ledger book the petitioner was found debtor of Tk. 30,00,000/-. Thereafter, on 15.06.2002 the petitioner disclosed before the witnesses to the effect that he has taken amount of Tk. 30,00,000/- for supplying 250 metric ton wheat to M/S Harun Industries, owned by witne..Category: Criminal Law | Date: | Hits: 103
Sakya Pada Barua & others Vs. State and others, 1986, 15 CLC (HCD)
....ioners Sakya Pada Barua, Fazlul Huq, Nurul Mostofa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 86. ...... why they should not be". In the case of Delhi Cloth and General Mills Co., Ltd. Vs. Income Tax Commissioner,Delhi. A.I.R. 1927 PC 242 their Lordships of the Judicial Committee observed, "The principle which their Lordships mast apply………has been authoritatively enunciated by the Board ......ioners Sakya Pada Barua, Fazlul Huq, Nurul Mostofa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 86. ..Category: Criminal Law | Date: | Hits: 103
Dabiruddin and others Vs. State, 2007, 36 CLC (HCD)
....ainst them. They shall be set at liberty forthwith if not wanted in connection with any other case. Send down the L.C. R at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 181. ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Appellants Vs. The State…………………………Respondent Judgment July 9, 2007. Result: The appeal is allowed. On burden of proof The cardinal principle of criminal law is that an accused person must be presumed to be innocent unless and until......ainst them. They shall be set at liberty forthwith if not wanted in connection with any other case. Send down the L.C. R at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 181. ..Category: Criminal Law | Date: | Hits: 74
Elias Brothers (Md.)(Pvt.) Limited and another Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....e observation and direction the Rules are made absolute without any order as to cost. Communicate this judgment and order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 327. ......e observation and direction the Rules are made absolute without any order as to cost. Communicate this judgment and order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 327. ......ion money. But the respondent No.4 the KEPZ without depositing money made some representations to the Deputy Commissioner, Chittagong on 4-3-2001, 19-3-2001, 29-3-2001 and 27-8-2001 to reconsider the amount of the amount of the demand note made by the respondent No.3. 8. On 2-12-2001 the Land Acq..Category: Civil Law | Date: | Hits: 170
.... grant the relief sought for in this writ petition. Accordingly, theRule is discharged with the above observations.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:Â
......red upon establishment of the fact of their being freedom fighters and they were paid for the 32 years, of receiving Honorarium/Rastrio Sammani Bhata in total disregard of the universally accepted principle of natural justice or in others words without hearing them or affording an opportunity to......was admitted. They did not receive any honorarium at the rate of Taka 2004/- at any point of time and have been getting allowance at the rate of Taka 600/- from different dates in 2004-2008. The said amount of Taka 600/- has been enhanced to Taka 3600/-by this time. Since the petitioners did not get..
Category: Civil Law | Date: | Hits: 104
Nayeem Mehtab Chowdhury Vs. State, 2010, 39 CLC (HCD)
.... granted at the time of issuance of the rule is hereby vacated. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 345. ...... granted at the time of issuance of the rule is hereby vacated. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 345. ......le the naraji petition. The learned Advocate finally submits that, there was no resolution on behalf of the company to file the complainant petition. Hence, for these reasons the impugned proceedings amounts to an abuse of the process of the Court and that the same is otherwise liable to be quashed ..Category: Criminal Law | Date: | Hits: 124
.... discussion, we do not find any substance in this petition. And it is, accordingly, rejected in limine without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 594.
...... discussion, we do not find any substance in this petition. And it is, accordingly, rejected in limine without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 594.
......2,15,56,000 with the respondent 2, Pubali Bank. The respondent 2 on receipt of the shipping documents advised Mitsui Bank, Japan to pay LC value to Tokyo Tomin Bank. According to the advice, the full amount was paid. However, the vessel did not arrive with rice and the respondent 2 filed a case in J..
Category: Civil Law | Date: | Hits: 119
Shitalakhaya Ice and Cold Storage Pvt. Ltd. Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....the loan, an agreement was entered into on 8-5-2001 between the petitioner and the bank. On the basis of the said agreement the petitioner spent money for the project and the bank disbursed amount by installments. But suddenly the bank stopped financing on the project and subsequently in the year 20......t of this order positively and ensure the compliance to the Registrar of the Supreme Court without any fail. Communicate at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 487. ......ank. The petitioner refused to accept the loan as the loan was given only for machinery purposes. Subsequently, the petitioner filed another loan application and the bank decided to increase the loan amount by order dated 27-03-2001 when the petitioner accepted the loan, an agreement was entered int..Category: Civil Law | Date: | Hits: 108
Bashir Ullah Master Vs. Bangladesh and others, 2008, 37 CLC (HCD)
....btor petitioner. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 760. ......btor petitioner. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 760. ......he bank, the Adalat by the order dated 13-11-2005 issued warrant of arrest pursuant to the provisions of section 34(1) of the Ain 2003 to compel the judgment debtor petitioner for payment of decretal amount. We failed to discover any illegality in the impugned order. Moreover, we find that the impug..Category: Civil Law | Date: | Hits: 93
Enamul Haque Vs. State, 2010, 39 CLC (HCD)
....he Code, the Magistrate is directed to dispose of the matter expeditiously. Communicate the order at once to the Courts concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 339. ......he Code, the Magistrate is directed to dispose of the matter expeditiously. Communicate the order at once to the Courts concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 339. ......agistrate has committed no illegality and the learned Session Judge in passing the impugned order, dated 16-1-2006, setting aside the order of the learned Magistrate has committed illegality and that amounts to abuse of the process of the Court, hence the same is liable to be quashed. 9. The lear..Category: Criminal Law | Date: | Hits: 105
.... to costs and the impugned judgment and decree dated 21.01.2006 passed by the learned District Judge, Moulvibazar is hereby affirmed.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 13.
......e same title, in a court competent to try such subsequent, suit or the suit in which such issue has been subsequently raised and has been heard finally decided by such court.
18. It is established principle of law that court can reject the plaint at any stage of the suit if any of the requirement...... to costs and the impugned judgment and decree dated 21.01.2006 passed by the learned District Judge, Moulvibazar is hereby affirmed.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 13.
..
Category: Procedural Law | Date: | Hits: 165
Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)
....ietor, Madina Enterprise at once by a Special Messenger of this Court at the cost of the petitioner. Sheikh Abdul Awal J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 118. ......integral part of the development process and cannot be considered in isolation from it; the shipbreaking operation cannot be permitÂted to be continued without strictly adhering to all precautionary principles; the court ordered that before a ship arrives at port, it should have proper consent from...... excess of ordinary sea voyage.' After conductÂing the survey on 27.08.2008 and the Committee submitted its report dated 28.8.2008 giving its opinion as follows: "Committee is in the opinion that amount of toxic substances deterÂmined by the survey of committee are not excessive than the amount..Category: Environmental Law | Date: | Hits: 683
Jahirul Haque Vs. State, 2011, 40 CLC (HCD)
....st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ......s also unsystematic and to some extent incoherent inasmuch as the learned Assistant Sessions Judge started writing the Judgment narratÂing first the defence version of the case ignoring the cardinal principle of criminal Justice system that in a criminal trial the responsibility of proving the char......st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ..Category: Criminal Law | Date: | Hits: 83
Md. Wahed Ali Vs. Ms. Moslema Khatun, 2008, 37 CLC (HCD)
.... 22. Office is directed to send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 427. ......e of the Court of appeal below rightly decreed the suit as a whole, directing for payment of entire amount of dower. The learned Counsel for the petitioner unsuccessfully attempted to apply the other principles regarding payment of dower, as the consummation of marriage has been proved by evidence, ...... Suruj Ali, 7. After trial, the learned Judge of the Family Court by the judgment and decree dated 31-05-2003 decreed the suit in part to the effect that the plaintiff will get half of the entire amount of the dower amounting to Tk.45,000/- and maintenance during iddat period for three months at..Category: Family Law | Date: | Hits: 180
STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)
..... Accordingly, the application under secÂtion 7Ka of the Arbitration Act of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ...... of a statute according to the ordinary and natural meaning of the language used by the legislature as the language so applied best declares the intention of the legislature and recourse to any other principle of interpretation is unnecesÂsary…………………………(21) Admittedly, while......nts No.3 and 4. This Court admitted the application and passed interim order. 14. It appears that the Act of 2001 was enacted in 2001 for the purpose stated in the preamble of the said Act. The paramount question raised in the instant application is whether the provision of secÂtion 7ka as inser..Category: Alternative Dispute Resolution | Date: | Hits: 506
National Bank Ltd. Vs. Provashi International Ltd. and others, 2010, 39 CLC (HCD)
....der as to costs. The Judgment and decree passed by the trial Court is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 229. ......der as to costs. The Judgment and decree passed by the trial Court is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 229. ......dant No.1 Provashi International Ltd. Bank opened Letter of Credit being No.1-601-87 for US$ 38,300 on 2-5-1987 for import of 81 metric tons Garlic from Pakistan upon deposit of 30% margin of the L/C amount. That the defendants by his letter dated 2-6-1987 requested the plaintiff Bank for extension ..Category: Civil Law | Date: | Hits: 106
Md. Shahidul Islam Vs. Most. Anwara Begum, 2007, 36 CLC (HCD)
....aside and the Family Suit No.75 of 2004 is dismissed. 19. Send down the L.C. Records at once. Md. Abdul Wahhab Miah J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 114. ......aside and the Family Suit No.75 of 2004 is dismissed. 19. Send down the L.C. Records at once. Md. Abdul Wahhab Miah J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 114. ......The Rule is made absolute. Muslim marriage is a socio-religious contract between a man and a woman and as such signatures of the parÂties in the 'Kabinnama' are essential for proving marriage. No amount of oral eviÂdence can cure the deficiency and no amount of oral evidence is sufficient to pr..Category: Family Law | Date: | Hits: 140
Foyez Ahmed Vs. State, 2012, 41 CLC (HCD)
.... Let the records of the Mobile Court along with a copy of this Judgment be sent down at once for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 257. ...... of a statute according to the ordinary and natural meaning of the language used by the Legislature as the language so applied best declares the intention of the Legislature and recourse to any other principle of interpretation is unnecessary…………….(20) The literal construction of the p......e facts are so preÂposterous that even on the admitted facts, no case can stand against the accused; (b) Where institution or continuance of crimÂinal proceedings against an accused perÂson may amount to an abuse of the process of the Court or when the quashÂing of the impugned proceedings wo..Category: Criminal Law | Date: | Hits: 81
Md. Mosarraf Hossain Mondol Vs. Md. Elias Hossain Mollick and others, 2007, 36 CLC (HCD)
....anted earlier by this Court stands vacated. 29. Send down the lower Court's record at once with a copy of Judgment for information. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 107. ......t the plaintiff had no legal character to institute the suit. Therefore, I hold that the suit itself was not maintainable in the present form but the learned Judge of the trial Court misconstrued the principle enunciated in the case of Amina Khatun Vs. Anser Ali reported in 40 DLR 389 and wrongÂly ......tantial injury by reason of the non-service or irregularÂity; and (b) an application made by a certifiÂcate-debtor under this section shall be disallowed unless the applicant either deposits the amount recoverÂable from him in execution of the cerÂtificate or satisfied the Certificate-offiÂc..Category: Procedural Law | Date: | Hits: 114
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