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Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....008 Judgment SM Hossain J.- Writ Petition Nos. 1448 of 2008 and 3071 of 2008 having been heard together are disposed of by this common judgment as they involve common questions of law and facts. In both the Writ Petitions the petitioners challenged the LA Case No. 1/2007-2008 to be illeg......d. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ......g his 0.64 acre of land from acquisition proposal. In reply to the application, the DCC stated that the land in question was acquired by respondent No. 1 after complying with the provisions of law as evidenced by Annexure-C1 dated 10-4-2008. On query, the petitioner came to know that notices under s..Category: Property Law | Date: | Hits: 79
Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)
....suit. The suit was for declaration of title in respect of 7.651/2 acre of land appertaining to CS Khatian No.309 in Gorai Moeen Nagar Mouza under Tauji No.10 in Mirzapur, District- Tangail. 2. The facts as alleged in the plaint, in short, are that the suit land comprising of 182.23 acre described......gh Court Division (Civil Appellate Jurisdiction) Present: Sheikh Abdul Awal J M Moazzam Husain J Zareen Biscuit Company.........................Appellant Vs. Sayed M. Salimullah and others.........................Respondents Judgment October 11, 2010. Result: The ......t-receiver had any subsisting saleable interest in the estate after acquisition. 8. Be that as it may, learned Subordinate Judge has taken pains to go into extensive discussions of the facts and evidence on records and came to his findings essentially on facts. Learned Judge upon an elaborate a..Category: Trust/Waqf Law | Date: | Hits: 114
Sharifuddin and others Vs. Commissioner of Customs and others, 2009, 38 CLC (AD)
....ing the respective assessment orders made by the office of the respondent No.1 imposing VAT @ 15% on polythene pellets imported by the appellants/petitioners. 2. It will be sufficient to state the facts of only one writ petition because the facts of in all the writ petitions out of which the pres.............................Petitioner (In Civil Appeal No.990 of 2001) Md. Razual Karim....................................Petitioner (In Civil Appeal No.996 of 2001) Vs. Commissioner of Customs and others.........................Respondent (In all the cases) Judgment May 12, 2009. Res....... The appeals are therefore allowed without any order as to cost. The civil petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ..Category: Fiscal/Taxation Law | Date: | Hits: 128
Md. Enamul Haque Vs. Md. Ekramul Haque and others, 2011, 40 CLC (HCD)
.... where it has been held on the submissions of Mr. MH Khandker who drew attention of the Court to the case of Md. Shamsul Huda Vs. Md. Mozammel Huq in which case their Lordship considered the relevant facts and observed in the following terms:— "It is not a question of actual existence of a bias......t Division (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Md. Nuruzzaman J Md. Enamul Haque…………………….Defendant-Petitioner Vs. Md. Ekramul Haque and others…………………..Plaintiff-Opposite Party Judgment January 3, 2011. Resul......ন্যায় বিচার ব্যাহত হইবে। 4. Learned Judge rejected the same finding that these grounds for transfer of the case are wild allegations, not supported by any evidence. 5. Syed Mokaddas Ali, learned Advocate for the petitioner, besides agitating the said g..Category: Procedural Law | Date: | Hits: 179
LMJ International Ltd. India Vs. MV BK Ace and others, 2010, 39 CLC (HCD)
....e defendant No.5 in support of his application argued that the order of arrest passed by this Court on 8-11-2009 cannot be sustained and liable to beimmediate vacation on the ground of suppression of facts and for the reason of misleading the Court since in paragraph No.6 of the plaint the plaintiff......Supreme Court High Court Division (Statutory Original Jurisdiction) Present: AFM Rahman J LMJ International Ltd. India…………………………Plaintiffs Vs. MV BK Ace and others…………………………Defendant Judgment December 7, 2010. Result: The......n application for facilitating the parties to inform this Court about the compliance of the order, by way of affidavit of compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 256. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 490
Abdul Karim Vs. Land Acquisition Officer, Comilla and others, 2006, 35 CLC (HCD)
....d not be declared to have been passed without any lawful authority and to be of no legal effect and or such other or further order or orders passed as to this court may seem tit and proper. 2. The facts as stated in the petition are that the petitioner is the owner of the homestead land measuring...... (HCD) (2009) 112. ......then Government and thereafter the Minister of Industry of the present Government, whose proposal of buying the said homestead land was not accepted by the petitioner and that the said facts would be evidenced from the letter dated 21-4-92 issued by the Ministry of Local Government. Rural Developmen..Category: Property Law | Date: | Hits: 85
Kartick Chandra Das and another Vs. State, 2012, 41 CLC (HCD)
....eding amounts to the abuse of the process the Court which is liable to be quashed. The learned advocate finally submits that though the informant in the FIR stated to investigate in to allegation but facts remains very investigation was held by an Assistant Director, Anti-Corruption Commission throu...... also Reported in: 64 DLR (HCD) (2012) 458. ......IR a mandatory one. We are in full agreement with the above proposition of law. 18. Before parting with this cases it may be recalled here that when trial of a Criminal Case is started by taking evidence of prosecution witnesses normally such trial should not be disturbed by invoking inherent..Category: Procedural Law | Date: | Hits: 86
Abu Taher Chowdhury and others Vs. Showkat Ali and others, 2012, 41 CLC (HCD)
....sion the case of Sova Rani Guha Vs. Abdul Awal Mia reported in 47 DLR (AD) 45 our Apex Court reviewed the earlier decision and opined that the tenancy is heritable. 13. But in the instant case facts is otherwise. It is found that Bharanama agreement dated 10-10-1979 Exhibit-1 is a lease agree......e. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 455. ......y Mutawalli, is required to be implemented soon for better management of the property and enhancement of income of the Wakf Estate. 5. The trial Court after hearing the parties and considering the evidence on record decreed the suit by his Judgment and decree dated 17-6-1984. 6. The defendant ..Category: Administrative Law | Date: | Hits: 175
Government of Bangladesh Vs. Abdul Malek, 2007, 36 CLC (HCD)
....tiff has proved his case beyond all reasonable doubt. 8. We have perused the judgment of both the Courts below and the evidence on record both oral and documentary. It appears that considering the facts and circumstances and the evidences on record the trial Court found that the suit is barred by...... evidence or misinterpretation or misreading of the relevant law affecting the entire merit of the case…………………………..(10) Mere entry in the record of right shall not create right and title over any property without any corroborative evidence and materials……………………......t, which is the final Court of fact, is binding on the High Court Division, as a provisional Court except in certain exceptional circumstances, such as non consideration or misreading of the material evidence or misinterpretation or misreading of the relevant law affecting the entire merit of the ca..Category: Procedural Law | Date: | Hits: 83
Durga Prasad Singh Hajari Vs. Commissioner of Taxes, Taxes Zone 3, Chittagong, 2007, 36 CLC (HCD)
....ent for early assessment year, which were on condo nation of delay made ready for hearing. 11. The following question was originally referred for determination by this Division: (i) Whether on the facts and in the circumstances of the case, the Appellate Tribunal was justified in passing order up......g.............Respondent Judgment December 12, 2007. Result: The Reference Applications are disposed of. Income tax of Hindu undivided family The Income Tax Ordinance, 1984 accepts and respects the Hindu personal law as it accepts a Hindu undivided family as a person when a return......lated in the negative and in favor of the assessed and against the revenue. No cost. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 723; 13 MLR (HCD) (2008) 397. ..Category: Fiscal/Taxation Law | Date: | Hits: 138
Nasrin Jahan (Parul) and others Vs. Khabir Ahmed and others, 2008, 37 CLC (HCD)
....y attain majority from the defendant No.1 at the rate of Taka 1500 (fifteen hundred) per month. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 697. ......t records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 697. ......…… Petitioner Vs. Khabir Ahmed and others....................Opposite Party Judgment December 18, 2008. Result: The Rule is made absolute. On legitimacy of children The evidence of others cannot be taken as corroborative evidence since it being none other than the coup..Category: Family Law | Date: | Hits: 114
Sree Sree Ananta Dev Chakra Bigrah & others Vs. Bangladesh & others, 1983, 12 CLC (HCD)
....e application for injunction with regard to the bazar are affirmed and that relating to the suit tanks are set aside and the injunction prayed for with regard to the tanks is granted. 11. In the facts and circumstances of the case the parties are directed to maintain status-quo with regard to p......……………Appellants Vs. Bangladesh & others………………………Respondent Judgment April 20, 1983. Result: The appeal is allowed in part. The State Acquisition and Tenancy Act, 1950 (East Bengal Act No. XXVIII of 1951); section 20 (2a) Any bazar which inclu...... is directed to dispose of the suit within six months from the date of the receipt of the records. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 301. ..Category: Property Law | Date: | Hits: 74
Ocean Accessories Limited and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....ineering and Electric Supply Company Ltd. Vs. Income Tax Officer and others, 22 DLR (SC) 443. 6. The moot question that faces this Division is whether the order impugned against under the admitted facts and circumstances is ex-facie without jurisdiction for which alternative remedy under Appellat......vision (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Ocean Accessories Limited, Represented by Managing Director, E-19/6, Merul Badda, Gulshan, Dhaka and another……………………Petitioner Vs. The National Board of Revenue, represented ......y submits that he will not press for refund of the amount in question since it has been already paid up as mentioned in the petition. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 441. ..Category: Fiscal/Taxation Law | Date: | Hits: 174
Nurul Hoque Vs. Bazal Ahmed and 3 others, 1995, 24 CLC (HCD)
....at a Magistrate should do on naraji petition? On perusal of the naraji petition, the learned Magistrate should examine the complainant and such other witnesses present, if he is satisfied that the facts stated disclose an offence, if any, at sufficient length to satisfy himself as to the veracity......Court High Court Division (Criminal Revisional Jurisdiction) Present: Mohammad Gholam Rabbani J Syed Amirul Islam J Nurul Hoque.....................Petitioner Vs. Bazal Ahmed and 3 others……………………..Opposite Parties Judgment April 2, 1995. Result: T......t of the accused‑petitioners and discharged them on 18‑12‑78 when on 20‑12‑78 the informant filed a naraji petition before the learned Sub‑Divisional Magistrate alleging that although the evidence against the accused‑petitioner and the charge sheeted accuseds were equally strong, the p..Category: Criminal Law | Date: | Hits: 138
Razia Khanam Vs. Md. Shamuzzoha Khan & Others, 2007, 36 CLC (HCD)
....he case law of Dhunat College Vs. Abdus Samad reported in 49 DLR 38 is applicable in the instant case. It can safely be decided that there arose no cause of action in filing the suit. 28. From the facts and circumstances and the discussions made above it is my considered view that the suit was a ......rs…………………………Defendant-Opposite party Judgment May 13, 2007. Result: The rule is discharged. Cases Referred to- Alhaj B.N. Khan (Degree) College Vs. Md. A. Rahim and others, 7 BLT (AD) 153; Bijoy Kumar Saha Vs. Deputy Commissioner, Chuadanga and others, 55 DLR 5......his argument he relied upon the case law of Dhunat Degree College Vs. Md. Abdus Samad, reported in 49 (HCD) DLR 38. 12. I have heard the learned advocates of both sides and have perused the entire evidences on record both oral and documentary. I have also gone through the case laws cited by the l..Category: Employment/Service Law | Date: | Hits: 118
Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)
....itioner could finalize the transfer documents after payment of the duty and taxes and other charges as per provision of the said notification, the law enforcing agency out of misconception of law and facts arrested him and implicated him in the above criminal case. The vehicle was also seized by Kot......17 Babar Road, Mohammadpur, Dhaka, Permanent address 1/D, 7/17, Mirpur, Dhaka-1612…………………Petitioner Vs. National Board of Revenue, represented by its Chairman, Segunbagicha, Dhaka and others…………………Respondents Judgment February 14, 2008. Result: The Rule ......uch pr feedings cannot be allowed to continue to the detriment of the petitioner. 18. Lastly, he submitted that the entire proceeding initiated with malice in law as well as in fact which would be evidenced from the inclusion of section 5(2) of the Act II of 1947 against the petitioner who was a ..Category: Fiscal/Taxation Law | Date: | Hits: 246
Kamrul Mia and others Vs. State, 2007, 36 CLC (HCD)
....udge of Druta Bichar Tribunal No. 4, Dhaka in Druta Bichar Tribunal Case No. 27 of 2005 is set aside. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 474. ......e is also Reported in: 61 DLR (HCD) (2009) 474. ......with the offence triable by the tribunal, in that case the tribunal shall proceed with both the offences. These sections of the Ain are related to procedure for trial. Section 14 provides for special evidence i.e. admission of picture taken on camera and recorded version by police, as evidence, sect..Category: Procedural Law | Date: | Hits: 84
Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)
....s of defendants as set out in the written statement. The PW 1 was cross-examined by the learned Advocate for the defendants, but he made no statement in the cross-examination contradicting any of the facts relating to the claim. 10. In support of his statements the PW 1 produced certain documents......ng Corporation, 10 DLR 307; Albert David (Bangladesh) Ltd. Vs. Brestern Shipping Company Ltd, 1983 BLD 3 =34 DLR 362; Karachi Steam Navigation Vs. Ebrahim Gani, PLD 1957 (Karachi) 315; Konsumex Vs. Ananda and Co, AIR 1981 Calcutta 298; Chittagong Steamship Corporation Ltd. Vs. Central Insurance Comp......king Report; that although the commercial invoice, packing list and Clean Report of Findings by Inspectorate Griffith Limited states that all the 27 vehicles had been manufactured in the year 1995-96 evidence obtained from Ms Leyland Exports, Ms HASA (Export) Limited and British Car Numbers registra..Category: Limitation Law | Date: | Hits: 174
Mir Daulat Hossain and another Vs. Secretary, National Sports Council and others, 1998, 27 CLC (HCD)
....No.689 of 1998. Judgment Qazi Shartuddin J.- These two Rules one being Writ Petition No.614 of 1998 and the other being Writ Petition No.689 of 1998 having involved the same question of law and facts and the same Proggapan or notice dated 15‑2‑1998 having been challenged these two Rules ar......………………..Petitioner (Writ Petition No.614 of 1998) Nuruzzaman……………………………..Petitioner (Writ Petition No.689 of 1998) Vs. Secretary, National Sports Council and others………………………….Respondents (In both to Writ Petitions) Judgment May ......ting Nuruzzaman as Treasurer of the Shooting Federation is also set aside and the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 561. ..Category: Employment/Service Law | Date: | Hits: 100
FR Garments (Pvt.) Ltd. Vs. Artha Rin Adalat, Dhaka, 2008, 37 CLC (HCD)
....ted 3-3-2005 passed by the Artha Rin Adalat No.1, Dhaka in Artha Rin Suit No. 914 of 2004 should not be declared to have been passed without lawful authority and is of no legal effect. 2. Material facts leading to this Rule are that the respondent No.2. Agrani Bank as plaintiff instituted Artha R......Garments (Pvt.) Ltd…………Petitioner Vs. Artha Rin Adalat, Dhaka .......Respondents Judgment April 23, 2008. Result: The Rule is discharged with a cost of Taka 5,000 (five thousand). Application of writ juridiction against the judgment and decree passed by the Artha Rin Ada......cted to proceed with the Execution Case No. 658 of 2005 expeditiously. Communicate the judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 296; 61 DLR (HCD) (2009) 223. ..Category: Civil Law | Date: | Hits: 170
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