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Rahmatullah (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
.... order of the assessment passed by the DCT, assessee-applicant preferred an appeal before the Joint Commissioner of Taxes, Range ‘A’ (East Dhaka) who after hearing both the parties vide his order dated 24‑4‑1986 dismissed the appeal and affirmed the assessment holding that the assessee has m......riends and relations issued summons upon the creditors under section 37 of the Income Tax Act, 1922. In response to which six creditors appeared before the DCT and one creditor did not respond to the notice. In the course of hearing the DCT examined the aforesaid 6 creditors in support of the claim ....... Abdur Rahim Bhuiyan, Advocate—For the Respondent. Reference Application No.37 of 1995. Judgment Syed Amirul Islam J.-In this reference application the petitioner has framed two questions for our decision, out of which question No.11(a) has not been pressed at the time of hearing and the..Category: Fiscal/Taxation Law | Date: | Hits: 200
Registrar Vs. Sahrab Jan & others, 1995, 24 CLC (HCD)
....drul Alam, Advocate ‑ For the opposite Party. Civil Revision No. 3312 of 1992. Judgment Abu Sayeed Ahammed J.- This Rule has been issued at the instance of the defendant against the orders dated 27.10.92 and 9.11.92 passed in Title Suit No.65 of 1991 by the Assistant Judge, First Court Dh......ioning failure of justice. In the result, the Rule is discharged. The stay order granted earlier by this Court in hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 214. ......tion of the plaintiff dated 10.10.92 facilitating him to bring into records two documents (Exts.22 and 23) by recalling P.W.1 to prove those document. 2. The opposite party No.1 has filed the suit for declaration of his title in .01 acre lands. His case is that some lands from the suit plot belon..Category: Property Law | Date: | Hits: 126
Moktar Hossain Vs. Budhi Bala Dashi, 1994, 23 CLC (HCD)
....k and others in respect of the suit land. These defendants have purchased the suit land from Sailendra and Achinta Kumar Talukdar, the heirs of Jitendra Nath Talukdar, by different registered kabalas dated 22.8.61, 30.10.69, 28.5.74 and 6.9.77 respectively and they have been in possession of the sui......R 1987 P & H at page 122. The final submission of Mr. Amin is that in the schedule of the plaint properties have been described beyond the schedule of the Will and the learned trial Court did not notice that and granted letters of administration with regard to the properties described in the sch......d by one Jogendra Bhusan Talukdar in favour of the plaintiff and three others since dead. 2. It appears from record that on 18.8.76 the plaintiff‑respondent No.1 Budhi Bala Dasi filed a petition for granting a Letter of Administration of the said Will under section 276 of the Succession Act to ..Category: Property Law | Date: | Hits: 183
Jalaluddin Bhuiyan Vs. Abdur Rouf and others, 1997, 26 CLC (HCD)
....uq, Advocates — For the Respondents. Criminal Revision No.512 of 1996. Judgment Badrul Islam Choudhury J.- Rule was issued calling upon the opposite party to show cause as to why the order dated 8-7-96 passed by the Sessions Judge, Brahmanbaria in Criminal Motion No.10 of 1996 should not ...... petition which in the eye of law is a petition of complaint and then pass necessary order. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 408. ...... Motion No.10 of 1996 should not be set aside or such other or further order or orders passed as to this Court may deem fit and proper. 2. President petitioner Jalaluddin Bhaiyan lodged an First Information Report at Kashba Police Sithon on 19-10-95 naming 86 accused persons including the 4 oppos..Category: Criminal Law | Date: | Hits: 143
Rezaul Karim Vs. Kabir Ahmed, 1997, 26 CLC (HCD)
.... secured 2589 and was declared elected and that the Presiding Officer of the East Durgapur polling centre after completing the counting handed over ‘Form Ta’ duly filled in to the respective candidates or their agents and that while the Presiding Officer with his staff on the following morning w......rning Officer shall immediately report the circumstances to the Election Commission (v) appoint, with approval of Election Commission, a date for fresh poll. 10. But as discussed earlier, it is noticed that none of the conditions mentioned above has been fulfilled in the instant case and, as s......o. 574 of 1997. Judgment Amirul Kabir Chowdhury J. - This Rule arises out of an application under section 115(1) of the Code of Civil Procedure at the instance of Reazul Karim, opposite party before the Election Tribunal. The opposite party No.1 named Kabir Ahmed was the petitioner before the ..Category: Election Law | Date: | Hits: 248
Muzaffor Hossain Vs. Md. Shahidullah and others, 1999, 28 CLC (HCD)
....er decided earlier by it rendering a decision giving finality is the question which requires an answer in this Rule. 2. Rule was issued calling upon the opposite party No.1 to show cause why order dated 29-6-1997 passed by the learned Additional District Judge, Second Court, Bogra in Other Class ......intiff opposite party once again laid another application for amendment of the plaint which is not at all permissible by law and procedure. 14. The learned Additional District Judge failed to take notice that the relief of mandatory injunction in the first application remained similar in the subs......r of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 400...Category: Civil Law | Date: | Hits: 200
Jabed Ali (Md.) alias Jabed Ali and others Vs. State, 1999, 28 CLC (HCD)
....handker Mahboob Alam, Assistant Attorney-General — For the State. Criminal Appeal No.2735 of 1998. Judgment Kazi ATM Manowaruddin J.- This appeal is directed against the judgment and order dated 8-11-98 passed by the learned Additional Sessions Judge, Dinajpur, in Session Case No.40 of 19......matters cannot amount to confession. From the discussion made above it is quite clear to us that the statement in question did not amount to a confession at all. Apart from that we have earlier noticed that there is no substantive evidence against the accused appellants. Thus we find the co......ned Additional Sessions Judge, Dinajpur, in Session Case No.40 of 1993 convicting all the accused-appellants under sections 302/34 of the Penal Code and sentencing each of them to suffer imprisonment for life and to pay a fine of Tk. 2,000.00 each, in default to suffer rigorous imprisonment for 6 mo..Category: Criminal Law | Date: | Hits: 132
Sekandar Ali (Md.) Vs. Government of Bangladesh and others, 1990, 19 CLC (HCD)
....al Procedure on 19.10.89 and on the following day that is on 20.10.89 the District Magistrate, Bakerganj, Barisal issued the detention order directing his detention for 30 days with effect from the date of order i.e. 20.10.89. Then on 6.11.89 the detention order was extended for a period of three ...... connection with any other case. Accordingly the rule is made absolute. Let an advance order of release be issued as prayed for. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 346. ...... section 54 of the Code of Criminal Procedure on 19.10.89 and on the following day that is on 20.10.89 the District Magistrate, Bakerganj, Barisal issued the detention order directing his detention for 30 days with effect from the date of order i.e. 20.10.89. Then on 6.11.89 the detention order wa..Category: Criminal Law | Date: | Hits: 117
Chand Mian (Md.) Vs. Khodeza Bibi and others, 1989, 18 CLC (HCD)
.... No.1. Civil Revision No.1251 of 1982. Judgment Mustafa Kamal J. - This Rule obtained under section 115 of the Code of Civil Procedure is directed against a judgment and decree of reversal dated 14.7.82 passed by Mr. K.A.F. Mahmood, Additional District Judge, 1st Court, Tangail in O.C. Ap......f the appellate Court below are set aside and those of the trial Court are restored. Let the L.C. records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 344.......er. 2. Briefly stated the case of the plaintiff-petitioner is that the suit land belonged to defendant Nos. 1-4. The plaintiff and the defendants entered into an unregistered bainapatra on 11.4.77 for the sale of the suit land for a total consideration of Tk. 7000/- out of which the plaintiff-pet..Category: Property Law | Date: | Hits: 133
Fatima Begum (Mst.) Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)
.... Rule Nisi was issued on an application under Article 102 of the Constitution calling upon the respondents namely, Government of Bangladesh, Court of Settlement and others to show cause why the order dated 17.8.1987 passed by the Chairman and one Member of the Court of Settlement under Abandoned Bui......e heard and disposed of afresh by the properly constituted Court of Settlement. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 342. ......nance, 1985 in Case No.13 of 1987 should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The petitioner Mosammat Fatima Begum filed the said case before the Court of Settlement under section 7 of the Abandoned Building (Supplementary Provisions..Category: Labour and Industrial Law | Date: | Hits: 197
Sultana Jute Mills Ltd. Vs. Chairman, Labour Court, Chittagong and others, 1989, 18 CLC (HCD)
.... Karim, Advocate—For the Respondents. Writ Petition No. 390 of 1986 Judgment Md. Abdul Jalil J. - This Rule Nisi at the instance of the Employer was issued against a judgment and order dated 10.9.86 passed by the Chairman, Labour Court, Chittagong in I.R.O. Case No.41 of 1986 declar......hout any order as to cost and the impugned order is declared to have been passed without lawful authority and it has no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 340.......ddenly stopped the work of the Mill with effect from 6 A.M. of 26.5.86 by a notification dated 25.5.86 on the plea of stoppage of power supply by WAPDA. Subsequently the petitioner declared lay-off for indefinite period by notification dated 27.7.86 and that the notification of stoppage of wor..Category: Labour and Industrial Law | Date: | Hits: 193
Abul Kalam Azad & another Vs. Muslema Khatun (Mst.), 1989, 18 CLC (HCD)
....an Chowdhury with Md. Shamsul Hossain, Advocates—For the Opposite Parties. Civil Revision No. 43 of 1989. Judgment Qazi Shafiuddin J. - This Rule is directed against the judgment and order dated 23.1.1989 passed by the Subordinate Judge, Second Court, Sylhet in Title Suit No.147 of 1988 c......lication under Order 39, rule I of the Civil Procedure Code on 25.9.1988 for restraining the defendant-petitioner from interfering with her possession till the disposal of the said suit. A show cause notice with ad-interim order of injunction was issued upon the defendant petitioners on 26.9.1988.......iff—opposite party, Muslima Khatun on coming to know about the said decree, filed a suit being Title Suit No.147 of 1988 in the Court of Subordinate Judge, Second Court, Sylhet which is now pending for setting aside the decree in the aforesaid T.S. No.206 of 1970. The plaintiff opposite party al..Category: Civil Law | Date: | Hits: 205
Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Union, 1989, 18 CLC (HCD)
.... Nos. 329 and 330 of 1988. Judgment AKM Sadeque J. - These two Rules obtained by the plaintiff under section 115(1) of the Code of Civil Procedure are directed against the judgment and order dated 14.11.1988 passed by Subordinate Judge, Second Commercial Court at Sadar, Chittagong in Misc......ding election of Collective Bargaining Agent. On receipt of the said application the Registrar of Trade Union fixed 13.7.1988 as the date for holding election of Collective Bargaining Agent serving notice on 5.7.1988. 3. Karnafully Paper Mills Sramik Karmachari Union brought a petition before ...... Judgment July 23, 1989. Result: The Rule is made absolute. Cases Referred to- Secretary of State Vs. Mask and Co., 44 C.W.N., 709; Wolverhampton New Water Works Company Vs. Hawkesford, 37 L.J. 248; Mian Sultan Ali Nanghiana Vs. Mian Nur Hussain P.L.D. 1949 Lahore 301. Lawyers..Category: Labour and Industrial Law | Date: | Hits: 179
Marine Oil Broking Company Pte Ltd. Vs. MV Daizu Maru & others, 2002, 31 CLC (HCD)
....e vessel for supply of bunkers, the plaintiff supplied bunkers to the vessel on 11 August, 1986 and on 10th September, 1986, at Port Said and at Hong Kong respectively, against the invoice No.1508/96 dated 11‑8‑1996 for US$ 38,254.50 and the invoice No.1769/96 dated 10‑9‑1996 for an amount o......gan and when it was to end but mentioned only an event, such as, on passing Canakale any time date/night Sunday and ends with certain events, such as passing of the vessel through certain port giving notice to the owners about the approximate expected date of redelivery of the vessel and the probabl......e Plaintiff. SK Siddique, with Al‑Amin Sarkar, Advocates—For the Defendants. Admiralty Suit No.5 of 1997. Judgment ABM Khairul Haque J.-This Admiralty Suit has been instituted praying for a decree for an amount of US $ 84,131.63 equivalent to Taka 35,33,519.64, against the principal ..Category: Admiralty Law or Maritime Law | Date: | Hits: 394
Major (Retd.) M Asaduzzaman Vs. District Magistrate, Jessore and others, 1999, 28 CLC (HCD)
....it Petition No.1022 of 1991. Judgment Md. Fazlul Haque J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order (Annexure-A) under Memo No.452(3)/JM dated 10-4-1988 passed by the Respondent No.1 shall not be declared to have been passed without any ......not served upon him nor it was given to any inmates of his house or to his Advocate. The impugned order was passed behind his back and without giving him any opportunity of being heard. No show cause notice was given to him before the said two firearms licences were cancelled by the respondents. Fur...... 1975. He retired from the Military service in 1982. After retirement he was enlisted as a Class-I contractor under the MIES (Military Engineering Service). Since after such enlistment he has been performing as contractor of different kinds of construction works under the MES at different places. ..Category: Criminal Law | Date: | Hits: 132
Bazlur Rahman Howlader alias Jilu and 3 others Vs. State, 1998, 27 CLC (HCD)
....on the ground that there was a long standing enmity between the parties, that the accused persons also filed a case against the informant and the witnesses of this case over on occurrence of the same date. The learned public prosecutor Barisal preferred the above appeal against the judgment and orde......hurt and, as such, the conviction of petitioner Bazlur Rahman, Alamgir, Matiur Rahman and Akhter Hossain under sections 326 and 325 of the Penal Code was not proper and legal. 8. I have already noticed that there is consistent evidence in this case as to the injuries caused by the petitioners ......the Penal Code. All the petitioners were acquitted by the trial Court on the ground that there was a long standing enmity between the parties, that the accused persons also filed a case against the informant and the witnesses of this case over on occurrence of the same date. The learned public prose..Category: Criminal Law | Date: | Hits: 109
Najabatullah Vs. Alokeshi Namasudra and others, 1998, 27 CLC (HCD)
....r issuance of warrant of arrest against the defendant No.3 to ensure her presence in court according to the direction of the appellate Court. But the trial Court rejected the application. On the same date, another application was filed by the plaintiff to review that order and prayed to issue warran...... to interfere. 16. Under the above circumstances, and for the reasons and discussions above the Rule is made absolute. The suit is restored to its file and number. Trial Court is directed to issue notice to the defendant No.3 for her appearance before the Court to give her thumb impression for th......d Ahammed J.- This Rule has been obtained by the plaintiff Md. Najabatullah against the defendant opposite parties 1-3 of Title Suit 7 of 1984 which has been filed by the petitioner as sole plaintiff for specific performance of contract on the basis of a bainapatra (deed of agreement) alleged to hav..Category: Procedural Law | Date: | Hits: 137
Nurul Islam and others Vs. Azimon Bewa, 1998, 27 CLC (HCD)
.... 1997. Judgment Abu Sayeed Ahammed J. - This Rule has been issued at the instance of the defendant-petitioners Md. Nurul Islam and his three fill brothers, against the judgment and decree dated 27-4-97 passed by the Subordinate Judge, 2nd Court, Naogaon in Title Appeal no. 155 of 1993 al......as to costs. The record shall be sent down to the courts below at once. The order of stay granted earlier if any is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 451....... Nessa, 46 DLR 103; Abdul Motaleb Biswas Vs. Matulla @ Matiur Rahman, 6 DLR 202; Faridunnessa Vs. Mukhter Ahmed, 52 IA 342; Fazal Ahmed Vs. Achia Khatoon, 36 DLR 144. Lawyers Involved: Lutfor Rahman Mondal, Advocate — For the Petitioners. Zillul Haque with Razaun Nabi, Advocates ..Category: Property Law | Date: | Hits: 103
Abdul Karim Vs. Bangladesh, 1998, 27 CLC (HCD)
.... Judgment Abu Sayeed Ahammed J.- This Rule issued at the instance of the plaintiff in Title Suit 80 of 1988 for permanent injunction. 2. Trial Court decreed the suit by its judgment dated 22-11-88. The Subordinate Judge, Maherpur allowed Title Appeal 154 of 1989 preferred by the de......charged. In the result, the Rule is discharged with cost, the suit is dismissed. Send down the records of the courts below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 447.......torney-General — For the Opposite Party. Civil Revision No.2199 of 1990. Judgment Abu Sayeed Ahammed J.- This Rule issued at the instance of the plaintiff in Title Suit 80 of 1988 for permanent injunction. 2. Trial Court decreed the suit by its judgment dated 22-11-88. The ..Category: Property Law | Date: | Hits: 103
Anwar Hossain Vs. Momtaz Begum, 1999, 18 CLC (HCD)
.... Petitioner. Goutom Kumar Roy, Advocate — For the Opposite Party. Civil Revision No.1984 of 1996. Judgment Md. Iftekhar Rasool J.- This Rule is directed against the judgment and decree dated 3-6-1996 and 10-6-1996 respectively passed by the District Judge, Netrakona in Family Other Ap......entioned Family suit are also set aside. Stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 444. ......ming the judgment and decree dated 7-9-1995 and 13-9-1995 respectively passed by the Senior Assistant Judge, Mohanganj, Netrakona in Family Suit No.14 of 1994 decreeing the suit. 2. Facts relevant for disposal of the Rule, in short, are that the opposite party as plaintiff instituted the above me..Category: Family Law | Date: | Hits: 230
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