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....le is hereby recalled and vacated.
There is no order as to costs.
Send down the lower Court record at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 270, 26 BLD (HCD) (2006) 634.
......s issues were framed including maintainability of the suit, limitation, whether or not the suit was barred under section 42 of the Specific Relief Act and whether or not the suit was barred under the principle of estoppel, waiver and acquiescence and whether or not the plaintiffs' were entitled to g......For the Petitioners.
Rabiul Alam Chowdhury Advocate—For the Opposite Parties.
Civil Revision No. 4063 of 2000.
Judgment
Quamrul Islam Siddiqui J.- This Rule was issued on an application for revision made by the plaintiff-petitioner under section 115(1) of the Code of Civil Procedure (t......le is hereby recalled and vacated.
There is no order as to costs.
Send down the lower Court record at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 270, 26 BLD (HCD) (2006) 634.
..
Category: Property Law | Date: | Hits: 27
Surajmal Ram Prasad Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....ith our answer in the negative against the Revenue Department and in favor of the applicant. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 59 DLR (2007) 268.......ith our answer in the negative against the Revenue Department and in favor of the applicant. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 59 DLR (2007) 268.......hid J.- The facts upon which the above references were presented, in short, are that the applicant (same in both references) was an assessee having TIN: 4581021587. He submitted his income tax return for the assessment year 199798 showing net loss of Taka 46,450 Then, he submitted a revised return...... its order dated 9-22002. 5. Against the order of the Taxes Appellate Tribunal, above two reference applications were made and following common questions of law referred to this Division for determination: (1) Whether, in the facts and circumstances of the case, the learned Taxes App..Category: Fiscal/Taxation Law | Date: | Hits: 63
....be condemned unheard. Litigant parties are entitled, as a matter of right, to be heard in support of their respective cases and no person can be punished unheard. These elements are considered as guiding principles of fair justice. In the foregoing discussions, it has been held that, the petitio......nd finally as the judge to pass the impugned order of discharge based on inquiry report which was obtained behind the back of the petitioner. Thus, the procedure followed was totally violative of the principle of natural justice and the procedural safeguards provided for in the Regulation No. 861 ......e without lawful authority and to be of no legal effect and why the respondents should not be directed to allow the petitioner to continue in service with all benefits.
2. The short facts relevant for the purpose of the case are, that the petitioner after obtaining the graduation degree in 1997, ......ormer post and allow him to continue in service with all attending benefits within 30 days from the date of receipt of copy of this judgment.
Ed.
This Case is also Reported in: 59 DLR (2007) 258...
Category: Employment/Service Law | Date: | Hits: 67
Abdul Karim and others Vs. Court of Settlement and others, 2007, 36 CLC (HCD)
....6 under Abandoned Buildings (Supplementary Provisions) Ordinance, Ordinance 54 of 1985 at page No. 9764 (17), Serial No. 42 (Annexure-I). Ed. This Case is also Reported in: 59 DLR (2007) 247.......6 under Abandoned Buildings (Supplementary Provisions) Ordinance, Ordinance 54 of 1985 at page No. 9764 (17), Serial No. 42 (Annexure-I). Ed. This Case is also Reported in: 59 DLR (2007) 247.......se No. 1/15, Block-D, Razia Sultana Road, Mohammadpur, Dhaka, measuring an area of 144 square yards originally belonged to the then Government of East Pakistan and that the Government leased out the aforesaid property to Syed Md. Yunus by a registered deed of lease being No. 2067 dated 2-2-1960; tha......id said unsatisfactory and dangerous procedure and the desired course should be to go for microscopic enlargement and expert advice, since the science of examination of signature, writing, etc. for determination of similarity through microscopic enlargement has advanced enough and has reached to t..Category: Property Law | Date: | Hits: 33
Syed Ziaul Hasan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....tity module (SIM) Card according to the price fixed i.e. Taka 1800. There will be no order as to costs. Ed This Case is also Reported in: 59 DLR (2007) 238, 26 BLD (HCD) (2006) 366. ......ards by a company namely, Tele Talk Bangladesh Limited, long before the issuance of the SRO dated 9-6-2005, but the said company did not deliver the SIM Cards to the petitioners before that date. The principle of imposition of VAT does not depend upon the selection of a person or company. VAT is col...... is of no legal effect and why the respondent No.6 should not be directed to supply subscriber identity module (SIM) Cards of the petitioners at the previous agreed rate. 2. The material facts for the disposal of the Rule are that on 6-5-2005 Tele Talk Bangladesh Limited, a public limited com......tity module (SIM) Card according to the price fixed i.e. Taka 1800. There will be no order as to costs. Ed This Case is also Reported in: 59 DLR (2007) 238, 26 BLD (HCD) (2006) 366. ..Category: Fiscal/Taxation Law | Date: | Hits: 131
Dhaka City Corporation and others Vs. Shamsur Rahman and others, 2007, 36 CLC (HCD)
....ring with peaceful possession of the plaintiff in the suit land, in any way, as prayed for. Send down the records, at once. Ed. This Case is also Reported in: 59 DLR (2007) 207. ......ring with peaceful possession of the plaintiff in the suit land, in any way, as prayed for. Send down the records, at once. Ed. This Case is also Reported in: 59 DLR (2007) 207. ......sed by Additional District Judge and Bankruptcy Court at Dhaka in Title Appeal No. 393 of 2004, which reversed the judgment and decree dated 6-1104 of the trial Court and decreed the suit as prayed for. 2. Later Rule was obtained by defendant No. 4 upon similar revision application against ......n a declaration of his under raiyati right in the disputed lands under the defendants 1 and 2. But his omission can hardly be a sufficient justification for driving the parties to a separate suit for determination of the question determined in the present suit." 53. In 14 DLR 307 a Division B..Category: Property Law | Date: | Hits: 32
Md. Ali Haider & Ors. Vs. State and others, 1987, 16 CLC (HCD)
.... the charge. They shall be set at liberty forthwith if not wanted in connection with any other case. Amin-ur-Rahman Khan J. – I agree Ed. This Case is also Reported in: 40 DLR (1988) 97. ......and un-impeachable evidence. It is to be borne in mind that uncertainty in evidence before the court is due to nature and quality of that evidence. In a criminal trial presumption of innocence is a principle of cardinal importance and so guilt of the accused must be proved beyond reasonable do......and appellant Seraj @ Sipai of Criminal Appeal No. 113 of 1985 and non-appealing accused Giasuddin Enu Mondal @ Gobra, Ejal Hoque, Mahbob @ Mata-buddin along with 16 others were placed on trial before the learned Additional Sessions Judge, 3rd Court, Dhaka in Sessions Case No.747 of 1979 on char...... the charge. They shall be set at liberty forthwith if not wanted in connection with any other case. Amin-ur-Rahman Khan J. – I agree Ed. This Case is also Reported in: 40 DLR (1988) 97. ..Category: Criminal Law | Date: | Hits: 30
Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)
....on of the judgment is stayed for 4 (four) weeks from date. There will however be no order as to costs. Amirul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 72.......n to pass an order for attachment against the proceeds of letter of credits payable to a supplier by a Commercial Bank for any alleged dispute between the buyer and the seller and this is the basic principle which the civil court has consistently followed in respect of International Commercial T......gment Anwarul Hoque Chowdhury J.- This appeal is directed against an order dated 21.6.86 passed in money suit no. 116 of 1985 by the 3rd subordinate judge, Dhaka attaching the schedule property before judgment. 2. Facts leading to this in short are that M/S. Ahmedia Garments instituted a suit......on of the judgment is stayed for 4 (four) weeks from date. There will however be no order as to costs. Amirul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 72...Category: Business or Commercial Law | Date: | Hits: 209
....eceipt of the copy of this judgment.
In the result, the Rule is disposed of with the aforesaid observation without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 35.
......eceipt of the copy of this judgment.
In the result, the Rule is disposed of with the aforesaid observation without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 35.
......ribution Company Ltd. is directed against the judgment and Order No. 23 dated 14-11-2000 passed by the learned Subordinate Judge, 4th Court Dhaka in Title Suit No. 276 of 1999 allowing an application for temporary mandatory injunction under section 55 of the Specific Relief Act, directing the defend......ctor 78, Motijheel C/A, Dhaka
10. The real question that falls for determination in this Rule is whether the impugned judgment and order passed by the learned Subordin..
Category: Civil Law | Date: | Hits: 115
Abu Lokman Vs. Commissioner of Customs & others, 2002, 31 CLC (HCD)
....aid sub section. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 34. ......aid sub section. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 34. ......the petitioner is the proprietor of IM Corporation and carrying on business of import, inter alia, of Steel GI Pipe. The petitioner opened a Letter of Credit bearing No. 1761296122 dated 30‑10‑96 for an amounts of US$ 37,267.90 for import of 8680 pieces of Steel GI Pipe under HS Code No. 7306.50...... as to how the duty was imposed and what was the basis of assessment because the bills of entry relating to those invoices have not been presented before us and, as such, that cannot be the basis for determination of the question whether tariff value was imposed by the impugned notification or the g..Category: Fiscal/Taxation Law | Date: | Hits: 56
....Plaint of the suit having been rejected, no separate order needs to be passed on the application of defendant No. 3 for striking out its name.
Ed.
This Case is also Reported in: 54 DLR (2002) 17....... application for stay of further proceedings of the suit.
25. Now, we shall consider the moot issue raised as to whether the suit is barred by the provisions of section 32 of the Act or hit by the principles of res judicata under section 11 of the Code and the plaint is accordingly liable to be r......ode of Civil Procedure against an order dated 24-5-95 passed by Subordinate Judge, 5th Court at Dhaka in Title Suit No. 139 of 1994.
3. Opposite Party No. 1, a limited company, instituted the suit for following declarations as well as perpetual injunctions:
a. Permanent injunction against the ......Plaint of the suit having been rejected, no separate order needs to be passed on the application of defendant No. 3 for striking out its name.
Ed.
This Case is also Reported in: 54 DLR (2002) 17...
Category: Civil Law | Date: | Hits: 101
Gazi Tayebur Rahman Vs. Saikh Md. Ali and others, 2002, 31 CLC (HCD)
....preferably within 3 months from the date of receipt of this order by the lower Court. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 29.......Civil Procedure, but when the default is for non taking of step for filing postal requisites, can it be set aside by the same trial Court invoking section 151 of the Code. On this legal question, the principle as evolved in the case of Rafiqul Islam and another Vs. Abul Kalam and others reported in ......f 1992 against the opposite parties Nos. 1 and 2 as pre‑emptees under section 96 of the State Acquisition and Tenancy Act. The pre‑emptees opposite parties entered appearance and took adjournment for filing written objection and ultimately 2 days earlier of the date of ex parte hearing of the ca......preferably within 3 months from the date of receipt of this order by the lower Court. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 29...Category: Property Law | Date: | Hits: 36
Osman Ali (Md) Vs. Md. Makbul Hossain and Others, 1999, 28 CLC (HCD)
....se of the case within 3 months from the return of service of notice for hearing upon the parties after the receipt of the case record. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 109. ......ugned order for ends of justice. 13. I have read the decisions cited by the learned Advocate for the petitioner. In the case reported in 28 DLR 252 a Division Bench of this Court just restated the principle that the power under section 151 of the Code should be used in limited and a sparing manne......g an application made under section 151 of the Code by the pre-emptor opposite party and restoring the Miscellaneous Case No. 31 of 1984 to its file and number on setting aside the order of dismissal for default. 2. This case exposes the dismal condition of the trial system. On 15-12-73 the petit......se of the case within 3 months from the return of service of notice for hearing upon the parties after the receipt of the case record. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 109. ..Category: Civil Law | Date: | Hits: 69
Idrish Ali Bhuiyan (Md) Vs. Dr. Alauddin Ahmed & ors., 2002, 31 CLC (HCD)
....g out the name of respondent Nos. 1‑3, 8 & 9 and the prayers 'b', ‘c’, ‘d’ & ’e’ in the prayer portion of the election petition. Ed. This Case is also Reported in: 55 DLR (2003) 19.......y of the following declaration stated therein and in the petition, the petitioner prayed for many reliefs which are not according to the aforesaid Article. He submits that the petitioner violated the principle laid down in Article, 50 & 51 of the Peoples Order, 1972 in of the People's Order, 1972. H......- By this application under Article 58(a) of the Representation of the People Order No. 155 of 1972 (PO 155 of 72) the petitioner Dr. Alauddin Ahmed, respondent No. 4 of this election petition, prays for dismissal of the election petition No. 2 of 2001 pending before this Court stating, inter alia, ......g out the name of respondent Nos. 1‑3, 8 & 9 and the prayers 'b', ‘c’, ‘d’ & ’e’ in the prayer portion of the election petition. Ed. This Case is also Reported in: 55 DLR (2003) 19...Category: Election Law | Date: | Hits: 85
Hanif Ali (Md) Vs. Hajera Khatun and others, 2002, 31 CLC (HCD)
....oner before the trial Court for the amendment is allowed. In view of the facts and circumstances there will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 17. ......ll be met. In my opinion, the Court of trial below under misconception of law and facts rejected the said application without directing himself to the legal aspect of the case. It is also the settled principle of law that a suit for partition remains pending till passing of the final decree. There w......hile considering its judgment, if any, ambiguity or omission is noticed. The power can be exercised suo motu and also at the instance of a party………………………….(13) A suit for partition remains pending till passing of the final decree. There would be obviously no bar to t......oner before the trial Court for the amendment is allowed. In view of the facts and circumstances there will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 17. ..Category: Property Law | Date: | Hits: 34
Shahjahan Ali Khan (Md) and others Vs. Bangladesh, 1999, 28 CLC (HCD)
....ion of Article 116A of the Constitution. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 99. ......I of 1982) by the Acquisition and Requisition of Immovable Property (Amendment) Act, 1994 (Act No. XX of 1994) should not be struck down for being ultra vires of the Constitution and violative of the principle of natural justice. 2. Facts, in short, are that petitioners’ property measuring 5.59......quisition of Immovable Property Ordinance, 1982 (Ordinance No.II of 1982) by the Acquisition and Requisition of Immovable Property (Amendment) Act, 1994 (Act No. XX of 1994) should not be struck down for being ultra vires of the Constitution and violative of the principle of natural justice. 2. F......ion of Article 116A of the Constitution. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 99. ..Category: Alternative Dispute Resolution | Date: | Hits: 191
Jahiruddin Ahmed Vs. Yasinuddin and others, 1998, 27 CLC (HCD)
.... after giving opportunities to the contending parties to represent their respective cases. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 97.......ed Additional District Magistrate must therefore be deprecated as being not contemplated in law. The learned Additional District Magistrate clearly erred in law in not following the established legal principle relating to the appreciation of the evidence. The grievance of the learned Advocate for th......e passed by the Magistrate of the Second Class, Manikganj in CB Case 54 of 1998 convicting the accused opposite parties under section 379 of the Penal Code and sentencing them thereunder to suffer RI for one month and to pay a fine of Taka 500.00 in default, to suffer RI for a further period of 15 d...... after giving opportunities to the contending parties to represent their respective cases. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 97...Category: Criminal Law | Date: | Hits: 30
Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)
....he appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 39. ......was barred by limitation. The contract became unenforceable in law after 31‑3‑1986. The suit was also bad for mis-joinder and non‑joinder of parties and causes of action. The suit was barred by principles of estoppel, acquiescence and waiver. 13. He denied specifically that two contracts we......Rashid J.- Defendant No. 1 presented the above appeal against the decree dated 30‑4‑2001 passed by the Subordinate Judge, Court No. 3 at Dhaka in Title Suit No. 14 of 2001, which decreed the suit for specific performance of a contract dated 2‑4‑1985. 2. On 23‑5‑1991 respondent No. 1 M......he appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 39. ..Category: Civil Law | Date: | Hits: 78
Shahidul Islam (Md) alias HM Shahid Vs. State, 2003, 32 CLC (HCD)
....used appellant Md. Shahidul Islam alias HM Shahid, son of Md. Afseruddin Howlader be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 35.......he said letters and photographs as evidence on record brought by the defence. The above letters and the photographs speak a volume and they cast a serious doubt about the prosecution case. 17. The principle laid down in the celebrated case of Safdar Ali vs. Crown, 5 DLR (FC) 64 is that if on cons......alat No. 2 in Nari‑o‑Shishu Nirjatan Daman Case No. 172 of 2002 convicting him under sections 7 and 9(1) of Nari‑o‑Shishu Nirjatan (Bishes Bidhan) Ain, 2000 and sentencing him to imprisonment for life and a fine of Taka 5000 in default, to suffer rigorous imprisonment for 6 months more for c......used appellant Md. Shahidul Islam alias HM Shahid, son of Md. Afseruddin Howlader be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 35...Category: Criminal Law | Date: | Hits: 43
Abdul Kader Mirza and another Vs. Bangladesh, 2003, 32 CLC (HCD)
....he Writ Petition No. 5951 of 2003 is disposed of with the direction as given above and Writ Petition No. 6047 of 20031 is rejected summarily. Ed. This Case is also Reported in:56 DLR (2004) 31. ......l of the cases. On perusal of the provision of Chapter XX of the Code we do not find that as a result of holding trial under Chapter XX, in the interest of speedy trial of the cases pursuant to the principle of Article 35(1) of the Constitution, there is any chance of prejudice to the petitioner. ......rit Petition No. 5951 of 2003 challenged the vires of sections 5 and 6 of Druta Bichar Tribunal Ain, 2002 and the Notification issued vide SRO dated 2nd August, 2003 issued under section 6(a) of the aforesaid Ain transferring Companygonj (Noakhali) Police Station Case No. 11 dated 12‑8‑2001 unde......he Writ Petition No. 5951 of 2003 is disposed of with the direction as given above and Writ Petition No. 6047 of 20031 is rejected summarily. Ed. This Case is also Reported in:56 DLR (2004) 31. ..Category: Criminal Law | Date: | Hits: 50
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