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Ahmad Ullah Vs. Md. Younus and Ors, 2016, 45 CLC (HCD)
....e of issuance of the Rule shall stand vacated. Let a copy of the judgment be sent to the court concerned. Ed. This Case is also Reported in: 68 DLR (HCD) (2015) 228 ...... Judgment February 29, 2016 Result: The Rule is discharged Questions of Facts to be decided by the Trial Court— Questions raised before this court by way of filing this application under section 561A are mainly questions of facts to be decided by the trial co..Category: Banking Law | Date: 29 Feb, 2016 | Hits: 23
....2014 for resolution of the dispute between the petitioner-company and the respondent No.1 through arbitration.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 165
......-Rabbi Khandaker, Meherunnesa and Md. Saiful Islam, Advocates—For the Respondents.
Writ Petition No.16010 of 2012
Judgment
Moyeenul Islam Chowdhury J.— On an application under Article 102 of the Constitution of the People's Republic of Banglade..
Category: Administrative Law, Constitutional Law | Date: 1 Feb, 2016 | Hits: 3
....2015 expressed opinion for cancelling the said show cause/demand notice dated 15-11-2015 for the sake of fairness. Learned advocate for the petitioner has informed this Court that, in the meantime, a fresh show cause notice/demand has been issued upon the petitioner.
5. The Rule Nisi is opposed......as ever issued on the petitioner and no such adjudication was done pursuant to such demand, the impugned memo should be knocked down in its entirety by this Court, the same having been issued without application of mind by the concerned Commissioner of Customs. Mr. Taposh further submits that since ..
Category: Fiscal/Taxation Law | Date: 27 Jan, 2016 | Hits: 0
Tariqul Islam Vs. Bangladesh and Others, 2016, 45 CLC (HCD)
....seven) days from the date of receipt of a copy of this judgment. There is, however, no order as to costs. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 150 ......wdhury, Advocate—For the Petitioner Md.Mokleshur Rahman, D.A.G. —For the Respondents Writ Petition No.12750 of 2015 Judgment Quamrul Islam Siddique J. — In this application under Article 102 of the Constitution of the People's Republic of Banglade..Category: Administrative Law | Date: 14 Jan, 2016 | Hits: 1
Yeamin Nobi (Md.) and others Vs. Moklesur Rahman and others, 2015, 44 CLC (HCD)
..............Respondents Judgment December 11, 2015. Result: The appeal is dismissed. On long drop 16/17 years if a case is remanded to the trial Court below for deciding afresh in giving opportunity to the parties to add further evidence that will not improve the ul......as perfectly justified in holding that since the pre-emptor-petitioner did not mention the schedule of the case land and particulars of the deeds in question in the original pre-emption petition/application, the preemption case is incompetent, misconceived and not maintainable. 15. Mr..Category: Civil Law, Procedural Law | Date: 11 Dec, 2015 | Hits: 36
State Vs. Md. Golam Rabbani, 2016, 45 CLC (HCD)
....this judgment and order to the learned trial court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 167 ......mits that, it is not the case of the defence that the UD case being No. 33 of 2006 was not filed by the condemned-prisoner Golam Rabbani rather he admitted it and it is clear from the contents of the application of Jail Appeal and from the attending circumstances of the case that the condemned-priso..Category: Evidence Law | Date: 6 Dec, 2015 | Hits: 6
Ali Ahsan Muhammad Mujahid Vs. The Government of Bangladesh, 2015, 44 CLC (HCD)
....ich is so obvious that keeping it on the record will be legally wrong. The moot point is, a party to a litigation is not entitled to seek a review of judgment merely for the purpose of rehearing or a fresh decision of the case. The power can be extended in a case where something obvious has been ove......has been affirmed by the Appellate judgment. We do not find any illegality in our Appellate judgment. Hence, the review petition is dismissed. Ed. This case is also Reported in: ..Category: International Crimes Tribunal Law | Date: 18 Nov, 2015 | Hits: 111
Nurun Nabir Sarker Vs. Secretary, Ministry of Education and Others, 2015, 44 CLC (HCD)
....gh Court Division, within 30 (thirty) working days of receiving copies of this judgment and order. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 125 ......tion, filed under Article 102 of the Constitution, a Rule has been issued calling upon the respondents to show cause as to why respondents No. 3 to 5 shall not be directed to dispose of the application filed by the petitioner on 22-3-2015 before them (Annexure-C to the application), prayin..Category: Administrative Law, Employment/Service Law | Date: 10 Nov, 2015 | Hits: 0
Abdul Hamid Chowdhury (Iqbal) and Others Vs. Artha Rin Adalat and Others, 2015, 44 CLC (HCD)
....with cost. The ex-parte decree dated 3-3-2014 is declared to have been passed without lawful authority and is of no legal effect and set aside. The case is sent back on remand to the Adalat to give a fresh decision after hearing the parties in accordance with law at the earliest. Communicate at......pondents to show cause as to why the order and ex-parte decree dated 3-3-2014 passed by the Artha Rin Adalat & Joint District Judge, 2nd Court, Sylhet in Artha Rin Suit No. 3 of2013 rejecting the application of the petitioners to allow them contest in the suit by accepting the written statement ..Category: Banking Law | Date: 5 Nov, 2015 | Hits: 3
City Vegetable Oil Mills Ltd Vs. Commissioner, Customs, Excise & Vat and Others, 2015, 44 CLC (HCD)
....ng for the petitioners in both the writ petitions, submits that the main contention of the respondent is that the petitioner took excess rebate for the period mentioned in the notices by not making a fresh declaration of the increased value of the product followed by approval by the concerned office......hout any prejudice to the petitioners to take recourse to relevant provisions of law. Communicate this. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 114 ..Category: Fiscal/Taxation Law | Date: 30 Aug, 2015 | Hits: 5
Turfatur Ain Chowdhury Vs. Artha Rin Adalat Dhaka and Others, 2015, 44 CLC (HCD)
..... Office is directed to send a copy of this judgment to Artha Rin Adalat No.1, Dhaka (respondent No. 1) at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 81 ......d. Code of Procedure, 1908; Order I, rule 10(2) Constitution of Bangladesh, 1972; Article 102 Rule 10(2) The Court may at any stage of the proceedings, either upon or without any application of either party, and on such terms as may appear to the Court to be just, order that the..Category: Constitutional Law, Procedural Law | Date: 25 Aug, 2015 | Hits: 4
Tufail K. Haider Vs. Extra Assistant Commissioner of Taxes and Others, 2015, 44 CLC (HCD)
.... may pass such order thereon according to the circumstances of the case and such order may include the order of enhancing or modifying the assessment or cancellation of the assessment and directing a fresh assessment to be made. From the above reading, it appears that, the pre-requisite for exercisi......ected the concerned Deputy Commissioner of Taxes (DCT) to pass necessary orders for demand and to amend the IT-30 and IT-88 etc. Being aggrieved by such revised order, the petitioner filed revisional application before the Commissioner of Taxes of the concerned area in view of the provisions under s..Category: Fiscal/Taxation Law | Date: 24 Aug, 2015 | Hits: 2
Major General Abdus Salam (Retd) Vs. Bangladesh Election Commission and another, 2015, 44 CLC (AD)
....ispose of the same in accordance with law expeditiously keeping in view the observations made hereinbefore in this judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 289 ......t was made by the respondent that the election petitions were filed without complying with those provisions of the RPO. However, it is the provisions of Order VII, rule 11 of the Code under which the applications were filed for rejection of the election petitions and that provision of the Code has n..Category: Civil Law, Election Law | Date: 13 Aug, 2015 | Hits: 30
Shamsun Nahar Begum Shelly Vs. Bangladesh and Others, 2015, 44 CLC (HCD)
....e of this Rule is stand vacated. Communicate a copy of this Judgment and Order to the Court of Settlement concerned at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 30 ......r— For Appellant/Petitioner Shahidul Islam, DAG and Sukumar Biswas, AAG— For Respondents Writ Petition No. 1657 of 2010 Judgment Mahmudul Hoque J. — In this application under Article 102 of the Constitution of Bangladesh a Rule Nisi has been issue..Category: Abandoned Properties Law | Date: 8 Jul, 2015 | Hits: 5
Torab Ali and Others Vs. Madris Ali Saha and Others, 2015, 44 CLC (HCD)
....y granted earlier by this court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 44 ......nbsp;1 of order XVII is applicable. In the instant case it appears that without prevailing the aforesaid procedure the trial court decreed the suit ex-parte. In such a case no scope to file application under sub-rule 7 of rule 1 of order XVII and the defendants Tightly filed the ..Category: Civil Law, Procedural Law | Date: 29 Jun, 2015 | Hits: 1
....n that he should refrain from doing any illegal activities by abusing his official power.
No order as to cost.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 173.
......nbsp;Md. Aziz Taufique, Advocates—For the Petitioner.
None appears—For the Respondents.
Writ Petition No. 9288 of 2005
Judgment
Md. Rezaul Hasan J.— In this application, filed under Article 102(2)(a)(i) and (ii) of the Constitution of the People&#..
Category: Constitutional Law, Property Law | Date: 28 Jun, 2015 | Hits: 1
Immam Hossain Sawdagor and others Vs. Abul Hashem and others, 2015, 44 CLC (AD)
....Appeal No. 328 of 1994 before the High Court Division. A Division Bench of the High Court Division by the impugned judgment and decree allowed the appeal and sent the suit back to the trial Court for fresh trial with the direction upon it to proceed with the suit after service of summons upon defend......osed of by the Bench presided over by Nozrul Islam Chowdhury, J. within 2(two) months from the date of receipt of this judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 266. ..Category: Civil Law, Procedural Law | Date: 15 Jun, 2015 | Hits: 12
....s to costs.
Send down the record of the Court of Settlement.
Communicate the judgment to respondent No. 1 at once.
Zinat Ara J.- I agree.
Ed.
This case is also Reported in:
......sh;For the petitioner
S. Rashed Jahangir, D.A.G with Titus Hillol Rema, A.A.G—For the Respondent No. 1.
Writ Petition No. 2102 of 2002
Judgment
J.N. Deb Choudhury J.- On an application under article 102 of the Constitution of the People’s Republic of Bangladesh made ..
Category: Abandoned Properties Law | Date: 27 May, 2015 | Hits: 35
.... There shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment.
Ed.
This Case is also Reported in:
......ho commits murder whilst another, not under the sentence of life imprisonment.
16. The framers of the Penal Code while enacting section 303 had ignored several aspects of cases which attract the application of section 303 and of questions which are bound to arise under it. In those days jail of..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83
....ere shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment.
Ed.
This Case is also Reported in:
......ho commits murder whilst another, not under the sentence of life imprisonment.
16. The framers of the Penal Code while enacting section 303 had ignored several aspects of cases which attract the application of section 303 and of questions which are bound to arise under it. In those days jail of..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86
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