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Chittagong Dry Dock Ltd. Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)

....ervations made in the body of the Judgment. The Registrar is to take steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 412. ......riously aggrieved by the appellate order preferred second appeal before the Taxes Appellate Tribunal (the Tribunal, in short) and the Tribunal without consid­ering the facts and circumstances of the case as well as the law disallowed leave pay and gratuity amounting to Taka 34,16,344, office entert..

Category: Fiscal/Taxation Law | Date: | Hits: 107

Ful Mia Vs. State, 2004, 33 CLC (HCD)

....statement of the witnesses may be fatal for the prosecution but minor discrepancies in the evidence will not make the prosecution case doubtful. Discrepancies are of minor character, do not go to the root of prosecution story and do not shake the basic version of the witness they need not be given m......nces between discrepancies and contradictions Contradiction in the statement of the witnesses may be fatal for the prosecution but minor discrepancies in the evidence will not make the prosecution case doubtful. Discrepancies are of minor character, do not go to the root of prosecution story and ..

Category: Criminal Law | Date: | Hits: 79

Neo Mendes and others Vs. State, 2007, 36 CLC (HCD)

....t this rules i.e. Criminal Miscellaneous Case No.7514 of 2001 is discharged as being infructuous. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 300. ...... relates to the petitioners of that rules. From a reading of the complaint it appears that entire allegations made in the complaint aiming to accused Mark Parco, Mustaque Amin and A.Z. Hannan and the case against them having been quashed by this Court in the said decision, the proceeding so far as i..

Category: Criminal Law | Date: | Hits: 70

Nazrul Islam (Md.) Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....er's property is declared to have been made without any lawful authority and is of no legal effect. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 39. ......in writing, about the acquisition of the property and, as such, decision of the Deputy Commis­sioner shall be final. Section 5. Final decision regarding acquisition.-(1) The Government or, as the case may be, the Divisional Commis­sioner after considering the report submit­ted by the Deputy Co..

Category: Property Law | Date: | Hits: 62

Abul Hasnat Bepari Vs. Md. Hasan Ali, 1987, 16 CLC (HCD)

....ings in C.R. Case No.121 of 1985 now pending in the Court of Upazila Magistrate, Taherpur is quashed. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 375. ......ings in C.R. Case No.121 of 1985 now pending in the Court of Upazila Magistrate, Taherpur is quashed. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 375. ..

Category: Civil Law | Date: | Hits: 144

Dr. M. Rafiquzzaman Vs. Bangladesh Shilpa Bank, 2006, 35 CLC (HCD)

....k any adjournment. The order of stay is vacated and the connected civil rule is discharged. Let the L.C.R be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 18. ......ellant preferred this misc. appeal on the ground that he previously filed a Civil Revision under Section 115 of the Code of Civil Procedure. Thereafter he filed this misc. appeal. He alleged that the case suffered from defect of parties and the principles of waiver. It has been alleged that the misc..

Category: Civil Law | Date: | Hits: 127

Rajdhani Unnayan Kartipakha (RAJUK) Vs. Eunus Ali & others, 2012, 41 CLC (AD)

....ined in Title Suit No.464 of 1985 was a nullity and consequently, the impugned judgment is set-aside without any order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 1. ......t Court of the then Sub-ordinate Judge, Dhaka, renumbered as Title Suit No.464 of 1985 in the Second Court of Sub-ordinate Judge, Dhaka for declaration of title and recovery of khas possession. Their case, in short, is that the suit land mentioned in the schedule-A to the plaint originally belonged ..

Category: Property Law | Date: | Hits: 104

Md. Liton Bhuiyan @ Md. Liton Mia Vs. State, 2008, 37 CLC (HCD)

..... In the result, the Rule is discharged. Order of stay granted by this Court stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 323. ......inherent power to investigate into an offence in accordance with law and he has also been specially empowered by section 36(1) of the Madak Drabya Niantran Ain to search, seize, arrest, to initiate a case and to investigate into a case under this Ain and he needs no permission of the Director Genera..

Category: Criminal Law | Date: | Hits: 90

Rashida Mahabub Vs. IFIC Bank & others, 2007, 36 CLC (HCD)

....ith the execution case in accordance with law. The order of stay stands vacated. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 78. ......efore the Adalat. In the application for execution, the pledged and hypothecated goods were shown as schedule 'A and B'. Subsequently, on 12-8-2003 the Bank filed an application in the said execution case for amendment of the application for execution of the decree by way of including flat No.5, Bui..

Category: Civil Law | Date: | Hits: 136

Haji Mohammad Salim Ullah Vs. State and another, 2009, 38 CLC (HCD)

....nal Procedure. The Rule thus fails. In the result, the rule is discharged. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 416. ...... the payment of the money and accused petitioner after receiving the notice did not pay any money. Moreover the accused petitioner had given threat for endangering the life of him and hence filed the case under section 138 Negotiable Instrument Act. 3. After filing of the case in the court of Chi..

Category: Criminal Law | Date: | Hits: 107

Hotel Zakaria International (Pvt.) Ltd. Vs. National Board of Revenue (NBR) and others, 2010, 39 CLC (HCD)

....However, the petitioner will be at liberty to give reply under section 55 of VAT Act as per notice dated 15th July, 2007(Annexure-B). Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 388. ......lleged that though wine in served in the hotel, but no supplementary duty is being paid by the petitioner for which the VAT officers seized all CPU and documents of the hotel and subsequently filed a case against the petitioner being No.01/2007 dated 21st May 2007 for alleged evation of supplementar..

Category: Fiscal/Taxation Law | Date: | Hits: 107

Saleha Khatoon @ Saleha Begum Vs. Abdur Rahman Kha, 2009, 38 CLC (HCD)

....ntained. The order of injunction at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 486. ......territorial jurisdiction or pecuniary jurisdiction though that Courts has/had no such jurisdiction, the objection to be raised by the parties is a material one, and if no objection is raised, and the case is tried/heard by a Court having no pecuniary or territorial jurisdiction, then that judgment w..

Category: Civil Law | Date: | Hits: 114

Pran Gopal Saha and others Vs. Rafique Uddin Ahmed being dead his heirs 1(Ka) Fatema Begum and others, 2010, 39 CLC (HCD)

....ined. The order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 444. ......istant Judge, Shingail, Manikganj in Title Suit No.118 of 1983 should not be aside and or pass such other or further order or orders as to this Court may seem fit and proper. 2. Short facts of the case are as follows:- Late Indra Mohan Saha father of the petitioners instituted Title Suit No.424/7..

Category: Civil Law | Date: | Hits: 103

Sharmin Akhter Vs. Major (Rtd.) Mahbub Akbar Bhuyian, 2012, 41 CLC (HCD)

....e the operative portion of the impugned order will remain unchanged and will take effect from the next date of hearing of the appeal, if it is still pending. Ed. This Case is also Reported in: ......ellaneous Case No.2 of 2003 under section 9 of the Family Court Ordinance for restoration of the family suit on setting aside the ex parte decree. The Senior Assistant Judge allowed the miscellaneous case by judgment and order dated 1.7.2003. The opposite party preferred Family Miscellaneous Appeal ..

Category: Family Law | Date: | Hits: 117

Nirmal Chandra Halder Vs. Hasina Begum and others, 2012, 41 CLC (HCD)

....rt considers that further evidence is required to be adduced, it is at liberty to give the parties such opportunity. Send down the lower Court’s records. Ed. This Case is also Reported in: ......806 of C.S. Khatian No. 29 was wrongly recorded in S. A. Khatian No.393 in names of the previous owners Gour Sundar and others, their (plaintiffs’ and pro forma defendants’) predecessors filed a case being No.504 of 1956, which was ultimately allowed on compromise by judgment and order 11.11.19..

Category: Civil Law | Date: | Hits: 73

M. A. Jaher and others Vs. Sonali Bank and others, 2007, 36 CLC (HCD)

.... surrender before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 283. ...... have considered the argument of the learned advocates of both the sides and gone through the writ petition and the papers annexed thereto. From the certified copies of the orders passed in execution case, the annexure-C it appears that attempts were made to sell the mortgaged property in auction in..

Category: Civil Law | Date: | Hits: 69

Md. Khalilur Rahman Vs. Md. Alam Bepari & others, 2007, 36 CLC (HCD)

....rgent reasons. The office is directed to send a copy of this order to the Tribunal positively within a period of 30 days from date. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 36. ......e party No.1 of the election petition seriously contested the plea of recounting of ballot papers. 4. The trial Court on consideration of the evidence including the facts and circumstances of the case by Judgment and order dated 24-7-05 allowed the prayer for recounting of ballot papers on depos..

Category: Election Law | Date: | Hits: 509

Abdul Matin Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (HCD)

....act and circumstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 30. ......ke this Court's Revisional Jurisdiction envisaged under section 115(1) of The Code on bestowing a Revision petition. 3. Portrayal of essential and requisite fact forming backdrop of Civil Revision case will be instructive in resolving war of words and those are succinctly put down hereunder: a..

Category: Property Law | Date: | Hits: 69

Md. Raushan Alam Vs. Mst. Zahura Khatun, 2012, 41 CLC (HCD)

....e interim order of stay granted earlier is vacated. The trial Court is directed to dispose of the suit expeditiously. Communicate a copy of the judgment. Ed. This Case is also Reported in: ...... next date i.e. 16.9.1995 she herself appeared before the Court and filed another application for staying all further proceedings in Other Class Suit No.152 of 1994 till disposal of the miscellaneous case, but suddenly she fell in illness and left the Court premises. Thereafter, she was under treatm..

Category: Procedural Law | Date: | Hits: 105

Ittefaq Group of Publications Limited and others Vs. Arab Bangladesh Bank Limited and others, 1998, 27 CLC (HCD)

....nd the publication of the newspaper the daily Ittefaq the parties in litigation may act in pursuance to resolution dated 30‑9‑90. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 597. ......nd collaboration of defendant No.4 with an ulterior motive and/or mala fide intention of subverting the company's finance and/or for making illegal gains for themselves and for others. It is also the case of the plaintiff appellants that the defendants acted in violation of the company's resolution ..

Category: Company Law | Date: | Hits: 127