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Zastat Limited Vs. Customs Excise and VAT Appellate Tribunal and others, 2011, 40 CLC (HCD)
....Limited a private limited company engaged in the business of tourism invoked this writ petition upon which this Rule was issued calling upon the Respondents to show cause as to why the impugned order dated 14-11-2007 passed by the Respondent No.1 vide Nathi No. Customs Excise and VAT Appellate Tribu......lling under different HS Code. The irresistible conclusion is that this Rule merits no substance which should be discharged. 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 ..Category: Fiscal/Taxation Law | Date: | Hits: 40
Joynal Abedin Vs. State, 2011, 40 CLC (HCD)
....f 2007. Judgment Siddiqur Rahman Miah J.- This Rule arises out of an application filed by the petitioner under section 561A of the Code of Criminal Procedure for quashing the Judgment and order dated 24-1-2007 passed by the learned Judge, Special Tribunal No.3. Chittagong in Special Case No.99......re is no internal point of falsehood in their evidence on any points and as such, the impugned Judgment calls for no interference by the Court. 13. The learned Assistant Attorney-General cited the decisions in the case of SM Kamal Vs. State reported in 6 BLC 113 and the case of Nizam Hazari Vs. S..Category: Criminal Law | Date: | Hits: 36
Bangladesh Indenting Agent Association and another Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ndered by the members of the petitioner No.1 under the Service Code No.S.014 purportedly in pursuance of section 3(5) of the VAT Act, 1991 for charging and realization of VAT and why the SRO No.202 dated 10-6-2010 issued by the respondent No.2 purportedly under section 8(4) of the VAT Act, 1991 di......ed by its members in foreign currency but without any result. 17. Certainly the indentors have a reasonable claim which should be considered by the Government and the Government alone can take a decision favouring them by withdrawing the imposition of VAT as it was done earlier. Under the circu..Category: Fiscal/Taxation Law | Date: | Hits: 51
Shamsur Rahman Khan & others Vs. Govt. of Bangladesh & another, 1983, 12 CLC (HCD)
....mitted that the prayer for temporary injunction should not be granted. The learned Munsif on hearing the parties rejected the plaintiff's prayer for temporary injunction, by his Judgment and order dated 16.1.79. Being aggrieved the plaintiffs filed an appeal. The said appeal has been dismiss......ion of the State Acquisition Act of 26th October, 1978, and as such there has been no illegality in passing the order of acquisition. In support of his contention Mr. M.A. Wahab has referred to two decisions reported in 25 DLR at pages 248 and 476 He has also referred to a decision reported in 16 ..Category: Property Law | Date: | Hits: 19
....e further alleged that C.S. dag Nos.100 and 101 have been wrongly recorded in the suit khatian No.146 and that these two plots have been acquired by the sons of Jamiruddin from one Barkat by a kabala dated 24th Ashar 1306 B.S. and these plots have been wrongly recorded in the khatian as properties o......evidences oral and documentary has found that the suit properties originally belonged to Jamiruddin Mir and Arman Mir in equal shares. On appeal the learned Additional District Judge affirmed the decision of the trial Court and dismissed the appeal.
5. Mr. Shehabullah with Mr. Moqbul Ahmed, t..
Category: Procedural Law | Date: | Hits: 25
Md. Arif Hossain and others Vs. Bangladesh, 2009, 38 CLC (HCD)
....hman (Helal), Advocate - For the Respondents. Writ Petition No.7913 of 2007. Judgment Mir Hashmat Ali J.- This Rule nisi was issued calling upon the Respondents to show cause as to why order dated 17.05.2006 passed by the First Court of Settlement, Dhaka in Case No.362 of 1989 dismissing th......d as such the Order XXIII of the Code of Civil Procedure is not applicable, wherein the Court has empowered to withdraw the suit or proceeding. He further submits that our apex Court in their various decisions has decided that after filing of a case before the Court of Settlement. The Court of Settl..Category: Procedural Law | Date: | Hits: 24
....
3. The petitioner is Bangladesh Environment Lawyers Association (hereinafter referred to as BELA), a society registered under the Societies Registration Act, 1860 bearing registration No.1457 (17) dated 18.2.1992 being represented by its Chief Executive. BELA has been active since 1992 as one of ...... at the office of Respondent No.4 duly emphasized on the environmental hazards associated with the use of excavators in extracting stones from the stone quarries of those areas. In furtherance of the decision of the meeting, a 9-member technical committee comprising representatives of the offices of..
Category: Environmental Law | Date: | Hits: 362
Rezia Begum Vs. Abu Sayed and others, 2006, 35 CLC (HCD)
....iaul Hoque with Mahmudul Hoque Advocate - For the opposite parties. Civil Revision No.3381 of 2004. Judgment Sheikh Abdul Awal J.- This Rule is directed against the judgment and order dated 02.06.2004 passed by the learned Additional District Judge, 2nd Court, Chittagong in Miscellan......rvation, we are of the view that there is no merit in this Rule and the learned Court of appeal below did not commit any error of law in passing the impugned judgment and order resulting error in the decision occasioning failure of justice. 14. In the result, the Rule is discharged without any or..Category: Procedural Law | Date: | Hits: 26
Dinesh Bhandu Sen Gupta and another Vs. State and another, 2006, 35 CLC (HCD)
....or such other or further order or orders passed as to this Court may seem fit and proper. 2. Mr. Rafi Ahmed, the learned Advocate appearing for the accused-petitioners, referring the police report dated 9.8.2001 and the judicial inquiry report dated 3.9.2001 as contained in Annexure B & C to ......eral Secretary of Comilla Bar Association as contained in “Annexure-E” to the application emphatically contends that the said notice itself highlights, the Comilla District Bar Association took a decision that no Advocate of the bar will conduct the case of the present petitioners. Lastly, the l..Category: Criminal Law | Date: | Hits: 18
Md. Maksudur Rahman @ Masud and others Vs. State, 2007, 36 CLC (HCD)
....o.9539 of 2005. Judgment Md. Muzammel Hossain J.- This Rule was issued calling upon the Deputy Commissioner, Barisal to show cause as to why the proceedings of Kotwali Police Station Case No.69 dated 27.12.2000, corresponding to G.R. No.697 of 2000 now pending in the Court of Magistrate, 1st C......tion 561A would be premature in the facts and circumstances of the case and as such the Rule is liable to be discharged. In support of his contention the learned Deputy Attorney General has cited the decision of the case of Liton Vs. State and others reported in 48 DLR (HCD) 102. The learned Deputy ..Category: Criminal Law | Date: | Hits: 24
Moinuddin & others Vs. State, 2007, 36 CLC (HCD)
....is death penalty. The convict Habibur Rahman preferred Jail Appeal No.497 of 2003 and convict Harun preferred Criminal Appeal No.2140 of 2003 against the Judgment and order of conviction and sentence dated 27-5-2003 passed by the learned Additional Sessions Judge, 3rd Court, Sylhet in Sessions Case ......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
Narayan Dash Vs. Md. Mostofa and others, 2007, 36 CLC (HCD)
....b, Advocates - For the Opposite Parties. Civil Revision No.3971 of 2005. Judgment Md. Abdul Aziz J.- Opposite Party No.1 was called upon to show cause as to why the Judgment and decree dated 5-9-2005 and 8-9-2005 respectively passed by the learned Joint District Judge, Second Court, N......1-6-1998 and has been performing his duties satisfactorily, but the plaintiff filed the suit only to harass him and, as such, the suit is liable to be dismissed. 4. Trial Court framed 4 issues for decision. 5. Plaintiff examined himself as P.W.1 and produced some document marked Exhibit "A" se..Category: Employment/Service Law | Date: | Hits: 29
Engineer Shaikh Rubaiyet Islam Vs. Bangladesh & others, 2010, 39 CLC (HCD)
.... the petitioner on 2-5-1992 and 26-4-1994. The Executive Engineer of the Mongla Port Authority-Respondent No.6 by Memo No.মবক/সি ই (সি ও হা)/কনস/২১১/৮৫-৬২৯ dated 14-12-1992 requested the petitioner to appear before the Arbitrator-respondent No.4 on 17-1-19...... of the petitioner with a malafide intention causing heavy financial loss to the petitioner. 7. In support of his contention the learned Advocate for the petitioner has referred to an unreported decision in the case of Bangladesh Water Development Board and others Vs. Golam Rabbani Khan and oth..Category: Alternative Dispute Resolution | Date: | Hits: 96
Mark Parco and others Vs. State and another, 2007, 36 CLC (HCD)
....Miscellaneous Case No.8550 of 2001. Judgment Sharif Uddin Chaklader J.- This rule at the instance of the petitioners, 3 in number for quashment of the proceeding of Doublemooring P.S Case No.17 dated 17.10.2001 under section 406/420/467/468/471/476/121A/109 of the Penal Code pending in the Cou......also from the petition of complaint that even cause of action described in both litigations are on the same date, but it appears that the suit was filed earlier than the petition of complaint. In the decisions reported in 51 DLR (AD) 14, 45 DLR (AD) 31, 23 DLR (SC) 14 it has been held that on the se..Category: Criminal Law | Date: | Hits: 114
Sabina Rahman Mukti and others Vs. State, 2007, 36 CLC (HCD)
....l Miscellaneous Case No.8625 of 2003. Judgment Sheikh Abdul Awal J.- By this Rule the opposite party was called upon to show cause as to why the proceedings of Kotwali Police Station Case No.52 dated 13.03.2002 pending in the Court of Magistrate, 1st Class, Sylhet should not be quashed and/or ...... 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)
....collusion with accused-petitioner Ahmed Ali Lasker, Clerk of the said school during the period from 1979-1983 misappropriated a total amount of Tk. 1,32,269.94 paisa from the school fund on various dates by creating false vouchers and committed the offences punishable under sections 420/467/471/34......made by the Sessions Judge u/s. 439A Cr P.C. In the case of Nader Ali Shaikh Vs. The State and another, reported in 1984 BLD (AD) 1 it has been observed by the Appellate Division: In view of our decision in Criminal Appeal No.9 of 1981 second revision before the High Court Division is complet..Category: Criminal Law | Date: | Hits: 144
Yunus Ali and another Vs. State, 2008, 37 CLC (HCD)
....02. Judgment Siddiqur Rahman Miah J. - This Criminal Appeal under section 30 of the Special Powers Act, 1974 at the instance of Yunus Ali and Shawkat are directed against the judgment and order dated 16-9-2002 passed by the Special Tribunal No. 2, Khulna in Special Tribunal Case No. 319 of 199......rder dated 16-9-2002 passed by the learned Special Tribunal Judge, Court No. 2 is bad in law as well as on facts and, as such, the impugned judgment is liable to be set aside. 12. He has cited the decisions in the case of MM Rafiqul Hyder Vs. State reported in 41 DLR 274, in the case of State Vs...Category: Criminal Law | Date: | Hits: 134
Ashek Ali (Md.) and others Vs. Abdul Gaffar & others, 2010, 39 CLC (HCD)
....ndent Nos.1-4. First Appeal No.503 of 2000. Judgment Nozrul Islam Chowdhury J.- This appeal at the instance of the defendants as appellants, is directed against the Judgment and decree dated 30-7-2000 passed in Title Suit No.133 of 1993 re-numbered as Title Suit No.73 of 1997, by the ......ugned Judgment and decree to the extent of shares of defendant Nos.8-10 do not warrant any interference by this Court. 17. Heard the learned Advocates, perused the material on record including the decisions referred to by both sides wherefrom it transpires that in the instant case the registered ..Category: Civil Law | Date: | Hits: 133
Sunil Kumar Ghosh & others Vs. State & others, 1986, 15 CLC (HCD)
....ecorded in the name of Paresh Nath Ghose. But as a matter of fact, the said property belonged to Paresh Nath's father Janaki Nath Ghose who died leaving wife Charu Balaashis only heiress. By a deed dated 20.03.48 she sold all her interest in the property in favour of the said Debendra. Debendra ha......an appeal being Title Appeal No.37 of 1978 to the learned District Judge, Patuakhali and the appeal was eventually heard by the Additional District Judge of that place. The learned Judge reversed the decision of the trial court dismissing the suit mainly on the ground that the suit was not maintaina..Category: Property Law | Date: | Hits: 64
....posite 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 Subordinate Judge (now Joint District J......out considering the basic legal requirements in a suit for perpetual injunction unnecessarily traveled into their title with adverse remark and thereby committed error of law resulting in an error in decision occasioning failure of justice.
8. In support of his contention Mr. Biswas refers to the..
Category: Property Law | Date: | Hits: 57
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