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Md. Moshiur Rahman Khan Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (HCD)
....ndent No.4, the Additional Deputy Commissioner(Revenue),Dhaka, as the Administrator of Bangladesh Mudran Shilpa Samity should not be declared to have been issued without lawful authority and is of no legal effect and/ or pass such other or further order or order of this Court may seem fit and proper......ew of the above discussions and reasoning we do not find any merit in this Rule. Accordingly, the Rule is discharged without Cost. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 284. ..Category: Business or Commercial Law | Date: | Hits: 72
Zastat Limited Vs. Customs Excise and VAT Appellate Tribunal and others, 2011, 40 CLC (HCD)
....ing the order dated 22-1-2007 passed by the Respondent No.2 vide Nathi No.4th VAT 12(35)/Zastat Ltd./CF:COM/06/115 should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The background leading to the issuance of the Rule, in short is that the petitio......ed. In the result, the Rule is discharged without any order as to cost. The decision of the Appellate Tribunal is hereby confirmed. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 33. ..Category: Fiscal/Taxation Law | Date: | Hits: 40
Joynal Abedin Vs. State, 2011, 40 CLC (HCD)
....ed in failing to note the contradictions in the depositions made by the P.Ws.; that the learned Court failed to apply his judicial mind in assessing the evidence and that the impugned Judgment is illegal and unwarranted by facts and circumstances of the case and, as such, the impugned Judgment is ......not be exercised to quash the Judgment. The Rule fails. In the result, the Rule is discharged. Let the LCR sent down immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 393. ..Category: Criminal Law | Date: | Hits: 36
Bangladesh Indenting Agent Association and another Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....o.3 making administrative direction for deducting VAT at source from the earnings of the members of the petitioner No.1 (Annexure-G) shall not be declared to be without lawful authority and are of no legal effect. 2. The petitioner No.1 is Bangladesh Indenting Agent Association licensed under the......om 2004 to 2009 by the Government itself. With these observations, this Rule is disposed of. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 389. ..Category: Fiscal/Taxation Law | Date: | Hits: 51
Shamsur Rahman Khan & others Vs. Govt. of Bangladesh & another, 1983, 12 CLC (HCD)
....rovisions of the said Act. It was further case of plaintiffs that no compensation assessment roll has been prepared and published in respect of the suit land and as such the order of acquisition is illegal, void and not binding upon the plaintiffs. Plaintiff filed an application under Order 39, rule......ntion of the learned Advocate for the petitioners. In the result, the rule is discharged, however without any order as to costs. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 299. ..Category: Property Law | Date: | Hits: 19
Md. Arif Hossain and others Vs. Bangladesh, 2009, 38 CLC (HCD)
....17.05.2006 passed by the First Court of Settlement, Dhaka in Case No.362 of 1989 dismissing the case for non prosecution should not be declared to have been made without lawful authority and is of no legal effect. 2. Thirteen petitioners in the instant writ petition challenged the order dated 17.......es concern preferably within 3 (three) months from the date of receipt of this Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 212. ..Category: Procedural Law | Date: | Hits: 24
....and Dhala flowing through Goainghat and Companygonj Upazilas of Sylhet district from the use of mechanized excavators (Annexure-F) and why further directions should not be given upon them to initiate legal measures against such unauthorized and illegal operation of excavators by the unscrupulous tra...... system of the concerned area intact and that no other Ministry shall have any say in this regard.
There is no order as to costs.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 185.
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Category: Environmental Law | Date: | Hits: 362
Rezia Begum Vs. Abu Sayed and others, 2006, 35 CLC (HCD)
.... as is evident from revisional settlement Khatian No.1365 and partition deed dated 3 1.3.1988 and thus She is a co-sharer of the suit property but both the Courts below failed to appreciate all these legal aspect from a correct angle and thereby acted illegally in disallowing the prayer for temporar......he Courts below failed to consider that the balance of convenience and inconvenience also is in favour of the plaintiff-petitioner and they will suffer irreparable loss if the prayer of injunction or status-quo is not granted in the suit for partition and as such the impugned judgment and order date..Category: Procedural Law | Date: | Hits: 26
Md. Maksudur Rahman @ Masud and others Vs. State, 2007, 36 CLC (HCD)
....ant Rule. The petitioners relied on the decision of the case of Liton Vs. state and others reported in 48 DLR (HCD) 102, where a Division Bench of this Hon'ble Court held that in view of the existing legal position owing to the enactment of Sections 241A and 265C of the Cr.P.C an accused can prefer ......r of stay stands vacated. Communicate the order to the Court below to proceed with the case expeditiously in accordance with law. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 261. ..Category: Criminal Law | Date: | Hits: 24
Moinuddin & others Vs. State, 2007, 36 CLC (HCD)
.....2140 of 2003, submits that the appellant was not named in the FIR, police at the instance of the vested quarter falsely implicated him in this case and submitted charge sheet against him without any legal basis. The learned Advocate, in the course of his argument, has taken us to the deposition of ......ttal, he is now discharged from his bail bond. Let a copy of the Judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 67. ..Category: Criminal Law | Date: | Hits: 24
Engineer Shaikh Rubaiyet Islam Vs. Bangladesh & others, 2010, 39 CLC (HCD)
.... item No.5. Subsequently lesser amount of money amounting to Taka 47,016,46 was paid to the petitioner against running Bill No.5 and ultimately respondent No.4 after completion of 98% of the work illegally cancelled the aforesaid contract on 15-10-1993. The work of construction of the Equipment Wo......e result, the writ petition fails on the ground of incompetency. Accordingly the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 447. ..Category: Alternative Dispute Resolution | Date: | Hits: 96
Mark Parco and others Vs. State and another, 2007, 36 CLC (HCD)
.... as defendants that means before making the complaint, the complainant had in front of him the plaint of the Money Suit. It appears from the petition of complainant as well as money suit that in both legal proceeding the complainant prays only for realization of money which, according to the complai......ef Metropolitan Magistrate Chittagong so far as it relates to the accused petitioners is quashed. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 350. ..Category: Criminal Law | Date: | Hits: 114
Sabina Rahman Mukti and others Vs. State, 2007, 36 CLC (HCD)
....cate appearing on behalf of Mr. A.M. Mahbub Uddin, the learned Advocate for the accused petitioners submits that the allegation as attributed in the FIR is false, concocted, malicious and without any legal basis. The learned Advocate in the course of argument has taken us through the FIR, charge she...... Case No.52 dated 13.03.2002, now pending in the Court of Magistrate, 1st Class, Sylhet is quashed. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 347. ..Category: Criminal Law | Date: | Hits: 114
Md. Rafiqullah & another Vs. State, 1986, 15 CLC (HCD)
....ies the case was adjourned till 23.5.84 for hearing u/s. 241(a) Cr.P.C. On 23.5.84 the District Anti-Corruption Officer, Chittagong was asked to send the case diary. When the prosecution detected the legal defect in the matter of submitting one charge-sheet for criminal breach of trust and dishonest......alled for u/s. 561A Cr.P.C. by this Court. In the result the application is summarily rejected. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 124. ..Category: Criminal Law | Date: | Hits: 144
Yunus Ali and another Vs. State, 2008, 37 CLC (HCD)
....them. 28. P.W.7 Md. SK Firoz Ahmed is the TNO, Botiaghata, Khulna who recorded the confessional statement of accused Nazrul Islam; that before recording confessional statement, he observed all the legal formalities and that he read out the contents of the confessional statement to the accused who......Tribunal in order to serve out the remaining period of their respective sentence. Send down the LCR with a copy of judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 793. ..Category: Criminal Law | Date: | Hits: 134
Akhtaruzzaman Akhtar Shah (Md.) Vs. State, 2011, 40 CLC (HCD)
....at she was lawfully married to him and on the basis of such belief she was induced to have sexual intercourse with him, the prosecution has to show that some form of marriage which is not valid and legal was gone through with fraudulent marriage or an apology for a marriage which in the context of......ve the Rule is discharged. The order of stay granted earlier stands vacated. Office is directed to send down the record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 442. ..Category: Criminal Law | Date: | Hits: 126
Ashek Ali (Md.) and others Vs. Abdul Gaffar & others, 2010, 39 CLC (HCD)
.... the deed of transfer in favour of Jahanara in view of absence of any registered lease deed in his favour from the Ministry of Works; Nazar Ali died on 8-6-83 leaving behind defendant Nos.1-12 as his legal heirs, thereafter Jahanara Begum failed to obtain the registered deed of transfer from the h......ordinate Judge, (Arbitration), Dhaka in Title Suit No.73 of 1997 is hereby set aside. Send down the lower Court's record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 384. ..Category: Civil Law | Date: | Hits: 133
Sunil Kumar Ghosh & others Vs. State & others, 1986, 15 CLC (HCD)
.... place in Title Suit No.102 of 1976. 2. The petitioners, as plaintiffs, brought the suit for a declaration that the enemy property proceeding as described in schedule 'Ka’ to the plaint were illegal, ultra vires and without jurisdiction. 3. The case of the plaintiffs, in short is, that p......ditional District Judge court set aside and those of the learned Subordinate Judge are restored. There shall be no order as to costs. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 377. ..Category: Property Law | Date: | Hits: 64
....tant Attorney General-For the opposite parties.
Civil Revision No. 411 of 1994.
Judgment
Md. Ruhul Quddus J. - This Rule at the instance of the plaintiff-appellants was issued to examine the legality of judgment and decree dated 14.10.1993 (decree signed on 21.10.1993) passed by the Subordi......eal and dismissed the same by judgment and decree dated 14.10.1993. Being aggrieved the plaintiff-appellants moved in this Court with the present civil revision and obtained the Rule with an order of status quo. During pendency of the Rule, petitioners 1 and 6 died and their legal heirs were substit..
Category: Property Law | Date: | Hits: 57
Arif Hossain (Md.) and others, 2009, 38 CLC (HCD)
.... 17-5-2006 passed by the First Court of Settlement, Dhaka in Case No.362 of 1989 dismissing the case for non prosecution should not be declared to have been made without lawful authority and is of no legal effect. 2. Thirteen petitioners in the instant Writ Petition challenged the Order dated 1...... concerned preferably within 3 (three) months from the date of receipt of this Judgment and Order. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 378. ..Category: Property Law | Date: | Hits: 66
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