Search Options
Judgment Advanced Search
Displaying 2081-2100 of 7208 results.
Durga Prasad Singh Hajari Vs. Commissioner of Taxes, Taxes Zone 3, Chittagong, 2007, 36 CLC (HCD)
....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. ......g five appeals being ITA No. 1948 to 1952 of 1999-2000 in respect of assessment for five assessment years 1993-94 to 1997-98. 2. As the assessed was the same in all the above references and common question of law was referred to this Division for determination, we heard them together and now, dis......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..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. ......." 18. In Md. Alladat Khan Vs. Md. Ismail Khan, 10 ILR (All) 289, which has been upheld by the Privy Council in Habibur Rahman Chowdhury Vs. Altaf Ali Chowdhury, 48 IA 114, Mahmud, J, answered the question as follows : "I repeat that the rule is limited to case of uncertainty of legitimate de......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. ..Category: Family Law | Date: | Hits: 114
Sree Sree Ananta Dev Chakra Bigrah & others Vs. Bangladesh & others, 1983, 12 CLC (HCD)
.... 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. ......f temÂporary injunction restraining the Government from leasing out the two tanks till the disposal of the suit. 5. Defendant No.1 has opposed the application. They have alleged that the bazar in question have vested in Government under law and that the defendant are realising tolls from the baz......e appliÂcation 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..Category: Property Law | Date: | Hits: 74
Ocean Accessories Limited and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....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. ......in-opposition by the respondents. However, the learned Assistant Attorney General basing on the decision reported in Zahur Ahmed Vs. Commissioner of Customs and others 51 DLR 206 raised a preliminary question of maintainability of the writ petition. He submits that mere allegation of violation of pr......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..Category: Fiscal/Taxation Law | Date: | Hits: 174
Nurul Hoque Vs. Bazal Ahmed and 3 others, 1995, 24 CLC (HCD)
....f the Code and then to proceed in accordance with law. Communicate the order to the Courts below and send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 327. ...... proper sections. On receipt of the said naraji petition the learned Sub‑Divisional Magistrate was pleased to take up the case against and passed an order calling for the case diary. 3. The moot question in this case is as to whether a Magistrate is competent to take cognizance of an offence in......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..Category: Criminal Law | Date: | Hits: 138
Razia Khanam Vs. Md. Shamuzzoha Khan & Others, 2007, 36 CLC (HCD)
.... granted by this Court dated 5.9.2005 is hereby vacated. 30. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 355. ...... brought against the plaintiff, by the decision of the Governing Body was not taken with mala fide intention but there was the truth of the allegations brought against her. 17. Now, it is the only question whether the alleged suspension order was valid or not and whether any suit was maintainable......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 ..Category: Employment/Service Law | Date: | Hits: 118
Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)
....wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ......aid to have misappropriated his own property. When such offence is committed by a public servant aggravated punishment would visit him under section 409 of the Penal Code. 37. Here the property in question is the imported vehicle. It was imported In/ the petitioner may be on the money of others. ......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..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. ......15) No guideline for sending a case out of a number of cases of the same nature from the normal Criminal Court and transfer to Druta Bichar Tribunal can be found. In absence of any guideline, the question of pick and choose and also interference of the executives cannot be ruled out. ………â€......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. ..Category: Procedural Law | Date: | Hits: 84
Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)
....file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ......endants and that the defendants are liable to make good the loss and damage suffered by the plaintiff. He submitted that the BSC issued "Clean Shipped on Board" BS/I dated 20-10-1999 for the cargo in question, but loaded the cargo on deck in fundamental breach of the contract. He submitted that the ......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..Category: Limitation Law | Date: | Hits: 174
Mir Daulat Hossain and another Vs. Secretary, National Sports Council and others, 1998, 27 CLC (HCD)
....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. ...... with Writ Petition 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 challenge......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..Category: Employment/Service Law | Date: | Hits: 100
FR Garments (Pvt.) Ltd. Vs. Artha Rin Adalat, Dhaka, 2008, 37 CLC (HCD)
....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. ......er materials on record. In order to appreciate the submissions of the learned Advocates for the respective parties from a correct angle, it would be convenient for us to decide first of all as to the question of maintainability of the writ petition. 7. In the case of Zahirul Islam Vs. National Ba......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..Category: Civil Law | Date: | Hits: 170
Paritosh Chandra Nag Vs. Bangladesh represented by Secretary, Ministry of Land, 2008, 37 CLC (HCD)
....is discharged without any order as to cost. The order of status quo granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 214. ......te bereft of the approved procedure…………………………(12) Whether writ petition is maintainable when there are several civil cases pending in different Courts involving the property in question. When a civil case is pending before any Court, writ petition involving the same propert......is discharged without any order as to cost. The order of status quo granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 214. ..Category: Property Law | Date: | Hits: 107
Md. Shafiqul Islam Vs. Board of Intermediate and Secondary Education, Comilla, 2006, 35 CLC (HCD)
....ure-A to the petition, is declared to have been made without lawful authority and is of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 203. ......ure-A to the petition, is declared to have been made without lawful authority and is of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 203. ......ure-A to the petition, is declared to have been made without lawful authority and is of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 203. ..Category: Labour and Industrial Law | Date: | Hits: 2706
Abbas Ali and others Vs. Sharif Hossain Chowdhury and othÂers, 2010, 39 CLC (HCD)
....cated photo copies of the same. Send down the lower Court record. Communicate this order at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ......cated photo copies of the same. Send down the lower Court record. Communicate this order at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ......arned Advocate, Mr. Khan, here subÂmits that, defendant No.21 is Government in its written statement stated that said Ka schedule land was acquired by the Government in L.A. Case No.8/37-38 but this facts has not been proved by the Government as such findings on this acquisition of land being contr..Category: Property Law | Date: | Hits: 80
Sahabuddin Vs. State, 2008, 37 CLC (HCD)
....be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 54. ......tement is made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death in cases in which the cause of that person's death comes into question is admissible in evidence being relevant whether the person was or was not, at the time whe......elay in examining the witness was unjustified and it would not be safe to rely on their testimonies………………….(51) Law on dying declaration Statement, written or verbal, of relevant facts made by a person who is dead, or who cannot be found under the circumstances of the case appea..Category: Criminal Law | Date: | Hits: 85
Md. Ismail Vs. State, 2012, 41 CLC (HCD)
....ioner from the allegation of the CR case No.306 of 1991 is quashed and the accused is acquitted from the charge levelled against him. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 473. ......sferred to Additional Metropolitan Sessions Judge, 2nd Court, Chittagong and renumbered as Criminal Motion No.733 of 1991 (Metropolitan). The petitioner contested the case submitting written argument questioning amongst other, the maintainability of the revisional application and also submitted that...... proÂceeding, judgment or to set aside decision of any Court/Tribunal subordinate to it. But this power must be exercised very sparingly, cautiously and only in exceptional cases keeping in view the facts and cirÂcumstances of each and every case. The inherent power which is in the nature of extra..Category: Procedural Law | Date: | Hits: 94
Manu Mia @ Malu Mia &Others Vs. State, 1989, 18 CLC (HCD)
.... the charge levelled against them. The petitioners on bail in both the Rules shall be discharged from their bail bonds imÂmediately. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 191. ......Kumar Barman alias Raj Mohan Barman and that Rai Charan Barman, son of Raj Nath Barman had no title and interest in the disputed land. Actual owner Rai Charan Barman executed the deed and as such the question of forging the document does not arise at all. 5. This case was first registered before ......nesses and also by bringing other witnesses, which they will get in a civil proceeding. In such a situation I hold that the provisions of section 467 of the Penal Code are not at all attracted in the facts and circumstances of the present case. In this view of the matter I find substance in the abov..Category: Procedural Law | Date: | Hits: 111
Syed Ghulam Shahriar Vs. Md. Abdur Mannan and 14 others, 2010, 39 CLC (HCD)
....having no merit is liable to be discharged. In the result the Rule is discharged. However, there shall be no order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 248. ......ment August 8, 2010. Result: The Rule is discharged. The Code of Civil Procedure, 1908(Act No. V of 1908); Order XLI rule 27 When to allow a party to adduce additional evidence The question of allowing a party to adduce additional evidence is a question to be decided by the Court ......has been treated by long standing proposition, as clog in the right to acquire property by the citizens……………………(33) There is no requirement to interfere with concurrent finding of facts arrived at by the subordinate Courts. If any concurrent finding is not tainted with perversity..Category: Property Law | Date: | Hits: 88
.... of respondent No. 2 presented under Rule 31
Of the Tenancy Rules, 1955 are accordingly, restored. Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 18.
...... year 1989, the Land Reforms Board Act was promulgated and by office order dated 23-5-1989, the management of the Estate came under the Land Reforms Board, Annexure-Y and Y1.
19. After the land in question was recorded in the name of the petitioners, respondent No. 2 o behalf of the government fi......ng the appeals of respondent No. 2, Bhawal Raj Court of Wards Estate. In Writ Petition No. 1513 of 2006, the Rule was issued against similar order dated 20-5-2003 of said Appeal Officer.
2. As the facts and circumstances giving rise to issuance of the Rules are similar, and the contesting respond..
Category: Property Law | Date: | Hits: 120
State Vs. Md. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....m alias Franch Alam (5) Jalil Mollah is allowed. The appellants therefore be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 672. ......the occurrence. In addition thereto P.Ws.11 and 15 have been examined to bring home the offence charged against the accused persons on the basis of dying declaration of deceased Panna. 33. Now the question that calls for consideration is, whether the aforesaid 6 witnesses or any one of them have ......m alias Franch Alam (5) Jalil Mollah is allowed. The appellants therefore be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 672. ..Category: Criminal Law | Date: | Hits: 110
80658063806080598057805680558054805380508046804580428041804080388037803580348032