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Meghna Petroleum Marketing Co. Ltd. and others Vs. MF Limited and others, 2001, 30 CLC (HCD)

....No.274 of 1980 stands dismissed. The parties are directed to bear their respective costs although. Sand down the LC Record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 368....... held that, on facts that company was liable to pay of Octroi tax on goods brought into local Area (a) to be consumed itself or sold by it to consumers direct and (b) for sale to dealers who in their terms sold the goods to consumer within the Municipal Area irrespective of whether such consumer bro......eported in: 53 DLR (2001) 368...

Category: Fiscal/Taxation Law | Date: | Hits: 91

Surujit Bose (Raju) Vs. Bangladesh and others, 2010, 39 CLC (AD)

....he above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 552. ......os.94 and 95 by erecting some sheds and kuccha rooms upon case plot No.65 and letting out the same. Thereafter, the Managing Shebayet Ranendra Nath Bose went to India permanently and according to the terms of Arpannama the father of the petitioner suit Kumar Bose was appointed Managing Shebayet on b......ourt Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Abdul Matin J ABM Khairul Haque J Surujit Bose (Raju)…......................Petitioner Vs Bangladesh and others…………........Respondents Judgment January 26, 2010. Lawyers Involved: A..

Category: Property Law | Date: | Hits: 23

Faustina Pereira Vs. State, 2001, 30 CLC (HCD)

....rs of the remaining 822 fore prisoners and also to report within seven days as what steps have been taken by this time for the release. Ed. This Case is also Reported in: 53 DLR (2001) (HCD) 414.......n jail. 10. From our above discussion it is clear to us that so long the steps taken by the Government of Bangladesh to solve the problem of repatriation of foreign prisoners after expiry of their terms of their sentence of imprisonment were not at all sufficient, as keeping in jail custody any p...... No. 2737 of 2001. Judgement Md. Hamidul Haque J.- This suo-motu Rule was issued on the basis of a letter addressed to Hon’ble Chief Justice by Dr. Faustina Pereira, Advocate of Supreme Court and also Coordinator of Advocacy Ain o Salish Kendra. The Hon’ble Chief Justice directed the Regis..

Category: Constitutional Law | Date: | Hits: 123

Md. Abid Khan and others Vs. Government of Bangladesh and others, 2003, 32 CLC (HCD)

....squalified under provisions of section 7(1)(b)(c) and (d) of the Electoral Rolls Ordinance, 1982. Md. Hamidul Haque J.- I agree. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 318. ......fidavit in opposition to controvert the claims of the petitioners. Mr. Zaman Akhter did not make any submission though simply opposed the Rule. 9. On scrutiny of the writ petition, we find that in terms of dated of birth, the petitioners fall into two categories. Petitioner No. 1 and 2 were born ...... This Case is also Reported in: 55 DLR (HCD) (2003) 318. ..

Category: Election Law | Date: | Hits: 94

State Vs. Zakaria Pintu alias Md. Zakaria Pintu and others, 2010, 39 CLC (AD)

....sent day situation. 19. In the present case, the learned Judges ought to have remembered that anticipatory bail is an extra-ordinary relief and this power should be exercised sparingly, only in an extraordinary and exceptional circumstances, not otherwise. The Court must bear in mind that grantin......s dated 20.04.2010, praying for vacating the order of stay, granted earlier by this Division, stands rejected. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 420, 31 BLD (AD) (2011) 20. ...... Shah Abu Nayeem Mominur Rahman J A.B.M. Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J The State. .......... Petitioner. Vs. Zakaria Pintu alias Md. Zakaria Pintu and others. ...... Respondents. Judgment June 6, 2010. Lawyers Involved: Ekramul Haque,..

Category: Criminal Law | Date: | Hits: 68

Ali Akbar Vs. Farijuddin and another, 2000, 29 CLC (HCD)

....f issuance of the Rule and, thereafter, extended from time to time and lastly, extended till disposal of the Rule stand vacated. No costs. Ed. This Case is also Reported in: 53 DLR (2001) 284.......ot duly served or that he was prevented by any sufficient cause from appearing when the suit was called on for hearing, the Court shall make an order setting aside the decree as against him upon such terms as to costs, payment into court or otherwise as it thinks fit. 15. Provisions of section 5 ......53 DLR (2001) 284...

Category: Procedural Law | Date: | Hits: 83

Dinesh Chandra Deb Vs. Dulal Chandra Karmakar and others, 2001, 30 CLC (HCD)

.... vacated. Let a copy of the judgment be communicated to the learned Senior Assistant Judge concerned. Send down the LC record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 259.......461 of 1990 in the Court of Assistant Judge, Sadar, Noakhali for a declaration that the decree dated 24-2-1983 passed by the learned Subordinate Judge, Sadar, Noakhali in Title Suit No.106 of 1982 in terms of solenama was forged, fraudulent and inoperative. 3. The plaintiff’s Case in short, is ......rd immediately. Ed. This Case is also Reported in: 53 DLR (2001) 259...

Category: Procedural Law | Date: | Hits: 85

Star Medical Store Vs. Subordinate Judge, Artha Rin Adalat and other, 2001, 30 CLC (HCD)

....ears by this time. For the reasons and discussions made above, this writ petition does not merit and accordingly it is rejected summarily. Ed. This Case is also Reported in: 53 DLR (2001) 254.......e passed therein is illegal and ultra vires of the Constitution and is against the fundamental right of the petitioner as guaranteed by the Constitution and the same has been infringed in view of the terms “অব্যবহিত পূর্বে” has been incorporated in the said amendment ...... (Special Original Jurisdiction) Present: Abu Sayeed Ahammed J Khademul Islam Chowdhury J Star Medical Store………………….Petitioner Vs. Subordinate Judge, Artha Rin Adalat and others…….Respondents Judgment January 18, 2001. Cases Referred To- Hazi Joynal A..

Category: Civil Law | Date: | Hits: 93

Fulbaria Adarsha Market Dokandar Malik Samity Vs. Fulbaria Adarsha Market Khatigrashta Kallyan Samabaya Samity Dokandar & others, 2001, 30 CLC (HCD)

....t, dispossessed by the police on 22-05-2000. So, by the order it was intended to restore possession to the plaintiff which is simply beyond the jurisdiction of the Court. It should be noted that such extraordinary jurisdiction cannot be used as a device to restore possession to a party in a suit who......d. 17. Under the provisions of Order 1 rule 10(2) Code of Civil Procedure- “The Court may at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the Court to be just, order that the name of any person who ought to have bee......ourt. Ed. This Case is also Reported in: 53 DLR (2001) 220. ..

Category: Civil Law | Date: | Hits: 84

Titas Gas (T & D) Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)

....the affirmative and against the assessee applicant and we refrain from answering the other questions. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 209. ......And in Reference Application Nos. 46 of 1994 and 48 of 1994 another question has been added as to the disallowance in profit and loss account and these questions have been formulated in the following terms: “Whether, the Taxes Appellate Tribunal was justified in not allowing deduction of the am......rul Islam J AKM Shafiuddin J Titas Gas (T & D) Co. Ltd……….Applicant Vs. Commissioner of Taxes…..Respondent Judgment June 14, 2000. Cases Referred To- Sagorika and Co. Vs. Commissioner of Taxes 27 BTD 87; Commissioner of Taxes Vs. Mysore Commercial Chemical Co..

Category: Fiscal/Taxation Law | Date: | Hits: 82

Bangladesh Water Development Board Vs. Contractor, Manu Barrage, 2000, 29 CLC (HCD)

....ll realisation. The parties are directed to bear their own respective costs. Send down the record of the case without any further delay. Ed. This Case is also Reported in: 53 DLR (2001) 200. ......r tender items and 4.09 crore for non-tender items). 7. Meanwhile, complaint came before the Board that in collusion with the employees of the defendant the plaintiff received over-payment. As per terms of the contract, the said complaint was inquired by a team headed by Mr. Nurul Huda, Chief Eng........Appellant Vs. Contractor, Manu Barrage……….Respondent Judgment October 30, 2000. Result: The Appeal is allowed. Lawyers Involved: Rafique Rahman with Tufailur Rahman and Sufia Ahammed, Advocates—For the Appellant. Md. Moksudur Rahman with Fazlul Haque, Advocate..

Category: Civil Law | Date: | Hits: 132

Prime Finance and Investment Limited Vs. Delwar H. Khan and others, 2009, 38 CLC (AD)

....he above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 459. ......leasing"). International Leasing vide sanc­tion letter dated 21.03.2001 advanced lease finance of TK. 2,00,00,000.00 (Taka two crore only) for procurement of equip­ments to be repaid subject to the terms and conditions contained therein. 15. The United Leasing Company Ltd. is also a financier o......is Case is also Reported in: VII ADC (2010) 459. ..

Category: Company Law | Date: | Hits: 197

Tafazzal Hossain Vs. Bangladesh, 2009, 38 CLC (AD)

....reparation of paper book is dispensed with as prayed for. The order of stay granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 451. ......reparation of paper book is dispensed with as prayed for. The order of stay granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 451. ......fazzal Hossain……………………….....Petitioner Vs. The Government of the People's Republic of Bangladesh repre­sented by the Secretary, Ministry of Local Government Rural Development and Co-operatives, Bangladesh Sachibalaya, P.S.-Ramna, Dhaka-1000 and others…............Responden..

Category: Election Law | Date: | Hits: 92

Anti-Corruption Commi­ssion Vs. Nargis Begum & others, 2009, 38 CLC (AD)

....e find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 279.   ......n order of stay of criminal proceedings due to misconception of law; that due satisfaction con­templated in section 26(2) is only culminated through issue of the prescribed order under rule 27(1) in terms of Form 5 after enquiry only, when investigation is the next step which has been stayed by sta......ecord—For the Petitioners. (In both the cases) None Represented—For the respondents. (In both the cases) Civil Petition for Leave to Appeal No. 1655 with 1657 of 2008. (From the judgment and order dated the 28th day of July, 2008 passed by the High Court Division in Writ Petition No. 10..

Category: Anti-Corruption Laws | Date: | Hits: 168

Titas Gas Transmission and Distribution Company Limited Vs. Messrs Ashraf Ali Limes, Proprietor Md. Helaluddin and others, 2008, 37 CLC (AD)

....is granted to consider the same. Security of Tk.1,000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ......dant No.2-petitioners company TK.2,00,000/- from the arrear bills on or before 26.11.1998. 3. On 20.04.2000 the lower court directed to maintain status-quo and further ordered in violation of the terms of contract that the plaintiff-respondent should pay bills as per meter reading from April, 20......prayed for. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 82

Dr. Mohiuddin Farooque Vs. Bangladesh and others, 2001, 30 CLC (HCD)

....enabling them to take necessary steps in this regard immediately. A copy also be forwarded to the Chairman, BELA. Md. Joynul Abedin J.- I agree. This Case is also Reported in: 55 DLR (2003) 69. ......d other intoxicating drinks and of drugs which are injurious to health.”(under-linings are mine). The Constitution also commands the duties of the citizens and of public servants in no uncertain terms. Article 21 reads as follows: “21. (1) It is the duty of every citizen to observe the Con...... Environmental Lawyers Association (BELA) being dead Ms. Syeda Rizwana Hasan, Director (Program), representing Bangladesh Environmental Lawyers Association (BELA)…..Petitioner. Vs. Bangladesh and others ………..Respondents. Judgment July 15, 2001. Cases Referred to- Peoples U..

Category: Environmental Law | Date: | Hits: 345

Captain (Md) Lutfar Rahman Vs. Md. Abu Taher and others, 2000, 29 CLC (HCD)

....92 of the 2nd Court of Subordinate Judge, Chittagong for pre-emption is allowed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 193. ...... case land has already been re-conveyed to opposite party Nos. 7-11 by registered Kabala dated 24-9-1992 in pursuance of the agreement dated 21-7-1991 for re-conveyance of the case land on stipulated terms and conditions and, as such, the pre-emption case is not maintainable in law. It has also been......il Miscellaneous Jurisdiction) Present: Gour Gopal Saha J Sikder Maqbul Huq J Captain (Md) Lutfar Rahman……………………Appellant Vs. Md. Abu Taher and others………………….Respondents Judgment October 31, 2000. Cas..

Category: Property Law | Date: | Hits: 22

Abul Kashem Vs. Executive Engineer & others, 2000, 29 CLC (HCD)

....therwise ready. The Learned Advocates either for the petitioner or for the opposite parties mention the matters for fixing a date of hearing. Ed. This Case is also Reported in: 53 DLR (2001)186. ......g out of four Civil Revision Petitions under section 115 of the Code of Civil Procedure seek vacating the order dated 2-11-1999 recorded by a learned Single Judge disposing of Civil Revision cases in terms of conditions laid down in paragraph No.4 of a petition of compromise allegedly between the pl......……Petitioner Vs. Executive Engineer & others……………Opposite Parties Judgment January 26, 2000. Lawyers Involved: Syed Ziaul Karim, with Md Salauddin Talukder and Syeda Maimuna Begum, Advocates—for the Petitioner. A Hasib with MA Tariq, Advocates—for t..

Category: Property Law | Date: | Hits: 21

Dr SKM Joynal Abedin Vs. Bangladesh, 2010, 39 CLC (AD)

....n to get the order of injunction and rightly rejected the same. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 143.......amely (1) Md. Shahidul Hoque Siddiqui, (2) Md. Khabiruddin, (3) Md. Sekander Ali and (4) Md. Mustafa Kamal as joint lessees/tenants for a period of 99 years commencing from 1st of June 1981 under the terms and conditions stated therein and deliv­ered physical possession of the said plot No. 61, (ma......in J BK Das J ABM Khairul Haque J MM Hossain J SK Sinha J Dr. SKM Joynal Abedin…................Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Housing and Public Works and others………….Respondents Judgment February 9, 2010. Lawyers In..

Category: Property Law | Date: | Hits: 44

SN Goswami, Advocate and another Vs. Government of the People's Republic of Bangladesh and others, 2001, 30 CLC (HCD)

.... and day out during the tenure of their office. In view of our aforesaid discussions, the application is summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 332. ...... an individual is characterised by himself or others, but also the translation of these perspectives into operative facts of special process. It is submitted that this is the intrinsic meaning of the terms 'respect for the dignity of the human person' as set out in Article 11 of the Constitution. Dr......in: 55 DLR (2003) 332. ..

Category: Constitutional Law | Date: | Hits: 126