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Displaying 1981-2000 of 3456 results.
Mahmudul Huq Vs. Mostafa Kamal and others, 2010, 39 CLC (AD)
....d as such the High Court Division committed an error of law in making the Rule absolute. 8. The learned Counsel lastly submitted that the High Court Division committed an error of law and facts in holding that the doctrine of legitimate expectation applies in the instant case. 9. The learned C......arned Counsel submits that this Division erred in law apparent on the face of the record in not appreciating the fact that the admitted case of RAJUK as well as Ministry of Housing and Public Works, Government of Bangladesh is that the offer of present petitioner pursuant to the tender notice was ac..Category: Others | Date: | Hits: 81
Ezahar Sepai Vs. The State, 1987, 16 CLC (HCD)
....1976 accused Ezahar Sepai reaped away paddy from a portion of land belonging to the informant, and he went to Bhandaria 17.11.76 to inform Dewar Bepari and Abdul Karim Howlader about the incident for holding a salish; that while he was returning home from Bhandaria he found accused Ezahar on the Gov...... he went to Bhandaria 17.11.76 to inform Dewar Bepari and Abdul Karim Howlader about the incident for holding a salish; that while he was returning home from Bhandaria he found accused Ezahar on the Government Road in front of the house of Shahed Ali; that Ezahar Sepai asked him if he had filed a ea..Category: Criminal Law | Date: | Hits: 93
Asgar Ali & others Vs. Additional Deputy Commissioner, Khulna & others, 1987, 16 CLC (HCD)
....issed the suit on a finding that Martial Law Regulation No. VII of 1977 bars all Court's jurisdiction to entertain any dispute as to declaration of property as an abandoned property. The Court in holding so had cited Halima Khatun's case reported in 30 DLR (AD) 20. 5. On appeal the learned Ad...... Additional Deputy Commissioner, Khulna & others...............Opposite Parties Judgment August 30, 1987. Cases Referred to- Halima Khatun's case 30 DLR (AD) 20; Nasiruddin Vs. Government of Bangladesh 32 DLR (AD) 216; 30 DLR (AD). Lawyers Involved: Miah Abdul Gafur, Advo..Category: Property Law | Date: | Hits: 36
SM Nasirul Haque Vs. Omar Faruque Chowdhury and others, 2001, 30 CLC (HCD)
....that said Khatian No.2 consisted of 5 plots of which CS plot No.139 comprised of 3.49 acre of land. Owners of other plots got settlements from the Bhowal Raj Court of Wards Estate by opening separate holdings. The CS plot No.139 was joint and still remained joint and other owners of other four plots......e law for preemption in Peshawar is not in pari-materia with our law, i.e. the Act, 1949, in brief, the Act, 1949, it is very difficult for us to follow the opinion of the Pakistan Supreme Court. Moreover, if we take Khata meaning a tenancy or holding, the above view of the Supreme Court of Pakistan..Category: Property Law | Date: | Hits: 39
Sufia Islam Shila and another Vs. Shakhawat Hossain and others, 2001, 30 CLC (HCD)
.... more than 12 years and transferred the same to Abdul Hashem on 21-5-69 by a registered sale deed. 4. It Is stated in the plaint that the landed property of the plaintiffs appertains to Municipal holding No. 33, Justice Lal Mohan Das Lane which appertains to CS Plot No. 657 and the land of defen......ia Khatun purchased the entire schedule property in auction; that Indramati Dasya filed Title Suit No.48 of 1953 in the Court of 6th Munsif, Dhaka for declaration of her title and interest and for recovery of khas possession of the ‘A’ schedule property against the auction purchaser Afia Khatun ..Category: Property Law | Date: | Hits: 28
.... interpreted section 4(3)(I) of the Income Tax,1922 and legally upheld the assessment in question.
(ii) Whether in the facts and circumstances of the case the Tribunal was legally justified in holding that the first proviso appended to section 4(3)(i) of the Income Tax Act, 1922 is applicable......eneurs for industrial growth on a nominal service charge on the loan fund. The applicant society submitted return for the assessment year 1983-84 showing income of Taka 2,59,684 and as Voluntary Non-Government Organisation (NGO) claimed exemption from income tax under section 4(3)(i) of the Income T..
Category: Fiscal/Taxation Law | Date: | Hits: 65
....ts and lastly, submitted written objection on 28-3-2000. Upon hearing the parties, the Subordinate Judge was pleased to pass the impugned Order No.14 dated 7-5-2000 and rejected the written objection holding that the same is barred by Article 158 of the Limitation Act and for not depositing security......Sole Arbitrator under section 8(2) of the Arbitration Act, 1940 and was not legally eligible to be so appointed after accepting to represent the interest of opposite party No.1 alone as an Arbitrator over the same issue between the same parties and that the Court below failed to realise that the que..
Category: Alternative Dispute Resolution | Date: | Hits: 196
Barrister Ziaur Rahman Khan Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....hat the respondent No.1, the Government of Bangladesh, represented by the Secretary, Ministry of Disaster Management and Relief, has framed binding Rules of procedure for the purpose of convening and holding meetings of the Thana Parishad co-ordination committee for all development works, including ......eme Court High Court Division (Special Original Jurisdiction) Present: K M Hasan J Md. Abdul Quddus J Barrister Ziaur Rahman Khan………………………Petitioner Vs. Government of Bangladesh and others……………respondents Judgment November 28, 1999. ..Category: Administrative Law | Date: | Hits: 462
Ahsan Karim Jinnah Vs. Meghna Insurance Company Limited & others, 1999, 28 CLC (HCD)
....17 (seventeen) sponsor share-holders. The petitioner is the representative director of one of the said sponsor-shareholders, City Capital Market Service Ltd., on the Board of Directors of the Company holding 10,000 qualifying shares. The petitioner is also the Vice-Chairman and respondent No.8 is th......roup, otherwise they being majority on the Board would remove him as the Vice-Chairman of the Company. The petitioner having failed to withstand such pressure reluctantly agreed to support and handed over to them two share transfer forms duly signed by him along with his two share scripts of his 10,..Category: Company Law | Date: | Hits: 203
Nazim Habibuzzaman Vs. World Bank & others, 2001, 30 CLC (HCD)
....97. On that date it was taken up for hearing on maintainability of the suit. The learned Subordinate Judge, after hearing the learned Advocate appearing on behalf of the plaintiff, dismissed the suit holding that since there was no cause of action for the suit, the suit was not maintainable. 4. W......Dhaka, in Money Suit No. 9 of 1997 dismissing the suit as not maintainable. 2. One Nazim Habibuzzaman instituted this suit against the World Bank and seven others including the High Commissioner, Government of India, claiming damages of Taka 4,00,000 crore (four lac crore) occurred due to the con..Category: Others | Date: | Hits: 79
.... could not convince them as to how the Tariff Rule was made applicable to those bills. The Task Force further stated in the said report that the demeanour of the petitioner for its non-cooperation in holding the inquiry and refusal to put signature in the relevant papers may give rise to concoction ...... prepared and issued lawfully under the Tariff Rules which is payable by the petitioner.
9. In view of the assertions of both the petitioner and the respondents it appears that there is controversial claim over the meter in question as to its normal functioning. When there is a dispute rela..
Category: Others | Date: | Hits: 131
State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)
....d: "The law in this regard by now is settled, that whatever information, oral or written, made after commencement of investigation, in the instant case investigation commenced with the starting of holding of inquest of the dead body of the driver in the earliest hour of the dawn of 4th March, 198......Medical College Hospital by a microbus. Informant Zakia Bhuiyan, the wife of the deceased, who was in the residence of the deceased at Purana Paltan, Dhaka, having been informed by Azahar Ali Bhuiyan over telephone, rushed to Dhaka Medical College Hospital where her husband was admitted. After surgi..Category: Criminal Law | Date: | Hits: 40
AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)
....d for hearing of the contempt matter arisen from, amongst others, on an application for transfer of the Writ petition. The punishment was upheld by the Supreme Court of Pakistan (18 DLR (SC) 124 upon holding that there is no provision in law for transfer of a case from a Bench of the High Court exce...... from the order sheets annexed with the affidavit, that, despite granting several adjournments on the prayer of the learned Advocates for the accused petitioners for filing counter-affidavit, to controvert the allegation of being fugitive they did not file any counter-affidavit. It further appears t..Category: Criminal Law | Date: | Hits: 97
Ali Ashraf Mia Vs. Chairman, First Court of Settlement and others, 2006, 35 CLC (HCD)
....e of contract) but the said decree was set aside in Title Appeal No. 274 of 1998 by the learned District Judge, Dhaka by declaring the same illegal, void and not binding upon the Government, and also holding that deed No. 18675 dated 20-11-1993 given in Title Execution Case No. 61 of 1933 arising ......983 and a sale deed was executed and registered through the court on 17-11-1983. The petitioner further contends that he was given possession of the said house through the court on 12-1-1984 and the Government allegedly excluded the said house property from the list of abandoned properties and intim..Category: Property Law | Date: | Hits: 39
Bellal Hossain (Md) & others Vs. Md. Yasin Ali Mondal and ors., 2007, 36 CLC (HCD)
....3) to pre-emptees (herein petitioners) at a consideration of Taka 3,000. 3. The pre-emptor's case, put in a nutshell, is that, he along with vendors and others are the co-sharer tenants of the holding described in RS Khatian No. 171; that the pre-emptees made an oral agreement with the vendor......n in section 96(10)(b) of the State Acquisition and Tenancy Act, 1950, the land under pre-emption transferred by the exchange deed i.e. the deed under pre-emption, is not pre-emptable. 14. Moreover, the pre-emptor brought the deed No.9145 dated 15-11-1994 (Exhibit T) only to save the limitati..Category: Property Law | Date: | Hits: 23
Abdur Rashid Miah and another Vs. Md. Zami Shah Newaz and others, 2007, 36 CLC (HCD)
....to decide as to whether it should itself compare the questioned signature or handwriting to come to a decision or send them for an expert opinion. 29. The High Courts of the subcontinent were holding divergent views on the power of comparison by the Court. At the earliest, we find the Appe...... in the suit land; that on subsequent occasion on 15-4-1989, the executants of the agreement received further amount of Taka 35,000 for better treatment in India on renewing the agreement and handing over possession of the house standing on the suit land and that one of the executants of the agreeme..Category: Property Law | Date: | Hits: 32
Abdul Mannan Matubbar Vs. Bangladesh Water Development Board and others, 2007, 36 CLC (HCD)
....with. 8. Admittedly, a departmental proceeding was drawn up against the petitioner under Rule 138 (c) and (d) of the Bangladesh Water Development Board (Employees) Service Rules, 1982 and after holding inquiry the petitioner having been found guilty of the charges brought against him, the resp...... considering his explanation." Accordingly, the Rule is discharged, however, without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 610; 13 MLR (HCD) (2008) 51. ..Category: Employment/Service Law | Date: | Hits: 76
Integrated Services Ltd. Vs. Commissioner (Current Charges), Customs and others, 2007, 36 CLC (HCD)
....hereinafter referred to as the TRI) formed a joint venture company on 15-6-95 under the name and style, 'Sheba Telecom (Private) Limited (hereinafter referred to as the Company) with the equity share holding of 51% and 49% respectively. The company was engaged in the business of installing, mainta...... Then, on 7-9-04 the petitioner made another representation which also met with the same fate. Then, the petitioner had to purchase again share transfer adhesive stamps of Taka 1,05,00,000 and handed over them to Messrs Rahman & Rahman Haque for completing transfer of the shares, (Annexure-H). ..Category: Business or Commercial Law | Date: | Hits: 178
Aziz Hasan and others Vs. Bangladesh, 2007, 36 CLC (HCD)
....orted goods would prevail over all other provisions of the Act including sub-section (7) of section 25 (levy of tariff value) and section 30A (value and effective rate of duty) of the Customs Act. In holding such view, it relied upon a number of decisions including that of A Hannan. 23. In th......nohor Ali and others, 2003 BLD (AD) 51 = 8 BLC (AD) 87 = 8 MLR (AD) 113; Bangladesh and others vs. Mizanur Rahman, 52 DLR (AD) 149; Hannan vs. Collector of Customs, 40 DLR 273; Mustafizur Rahman vs. Government of Bangladesh and 6 others51 DLR (AD) 40; Selim (Haji) vs. Collector of Customs, 54 DLR ..Category: Fiscal/Taxation Law | Date: | Hits: 64
Muhaiminul Hasan Khan Vs. Md. Nurul Islam Khan and others, 2001, 30 CLC (HCD)
....ht to represent the minor when opposite party No.1 was nominated by the deceased as the next of kin and beneficiary of the estate. Secondly, she submits that the Court of appeal below erred in law in holding that the order issuing the certificate is a nullity in the absence of any objection raised b...... him to be his next of kin and, as such, no one except him could obtain a succession certificate. Shahabuddin Ahmed Khan died while in service of the Bangladesh Air Force and the Air Force Act would govern the case. Under the Succession Act his assets could not be distributed. Sarwat Jahan married e..Category: Property Law | Date: | Hits: 36
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