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....mulated in both the reference applications are answered in the negative and in favour of the assessee.
There will be no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 168.......
10. Pointing out the aforesaid objects clause of the assessee society it has been contended by Mr Mustafa Adil that although no trust has been created under the Trust Act but the income derived from property of the society is held under rather legal obligations wholly for charitable purposes as men..
Category: Fiscal/Taxation Law | Date: | Hits: 65
Wahidul Haque Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....bservation made in the body of this judgment. Send copies of this judgment to respondent Nos. 1-5 for proper guidance and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)165.......ana J.- This Writ petition has been filed seeking a direction to the respondents to implement the judgment passed in another writ petition filed by this present petitioner in respect of the self-same property. The petitioner has stated the facts, which have compelled him to file this present writ..Category: Property Law | Date: | Hits: 38
Abdur Rahman Vs. State, represented by Deputy Commissioner, 2006, 35 CLC (HCD)
....nding before the Metropolitan Magistrate, Chittagong, is hereby quashed. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 683. ......first information report, that the informant along with his brother Dibakor Sen Gupta executed a Bainapatra, on 12-3-1992, in favour of the accused No. 1, Abul Kalam Azad, for sale of their inherited property and subsequently finalised the sale by executing and registering the suf-kabala in favour o..Category: Criminal Law | Date: | Hits: 43
State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)
....absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ......Ali Bhuiyan and PW 20 Altaf Hossain were not present on the scene. The alleged story of conspiracy of killing the deceased is concocted and after-thought. In the sequel of dispute over paternal joint property the deceased was shot to death at the behest of his brothers. 8. Accused Almas absconded..Category: Criminal Law | Date: | Hits: 40
AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)
....de Court. If this position be continued, I am afraid a day will come when practically, there will be no legal system in Bangladesh. Ed. This Case is also Reported in: 59 DLR (2007) 646. ......de Court. If this position be continued, I am afraid a day will come when practically, there will be no legal system in Bangladesh. Ed. This Case is also Reported in: 59 DLR (2007) 646. ..Category: Criminal Law | Date: | Hits: 97
Ali Ashraf Mia Vs. Chairman, First Court of Settlement and others, 2006, 35 CLC (HCD)
....interference by this Court. Accordingly, both the aforesaid Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 640. ......tance of the petitioner and concern similar facts and point of law and, as such, are being disposed of by this single judgment. 3. In Writ Petition No. 3127 of 1997 it has been stated that the property at No. 16/13, Block-B, Babar Road, Mohammadpur, Dhaka belonged to one Fouzdar Miah who ente..Category: Property Law | Date: | Hits: 39
Executive Engineer, Roads and Highways Vs. Naderuzzaman and others, 2007, 36 CLC (HCD)
....t the time of the issuance of the Rule and extended subsequently is vacated. Send down the lower court records. Ed. This Case is also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ......eview petition, reversed the decision of the appellate Court and the trial Court and allowed the plaintiff's prayer for temporary injunction restraining the defendants 1-5 to lease out the disputed property elsewhere till disposal of the original suit. 4. Mr. Abul Kalam Chowdhury, the le..Category: Procedural Law | Date: | Hits: 75
Commissioner of Taxes Vs. Prime Bank Ltd., 2007, 36 CLC (HCD)
....peal to Appellate Division under section 162 of the Ordinance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ...... 12. In order to appreciate the arguments of the learned Advocates, we need to read certain provisions of the Ordinance. Sub-section (15) of section 2 defines capital asset, inter alia, as meaning property of any kind held by the assessee whether or not connected with his business or provision bu..Category: Fiscal/Taxation Law | Date: | Hits: 82
Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....rtificate under section 33(5) of the Ain in Writ Petition No. 6732 of 2004 are made absolute. However, there will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 615.......omplying with the terms of the said compromise decree the decree-holder Bank initiated Decree Execution Case No. 19 of 1998 on 23-3-98 for realisation of the decretal amount upon selling the mortgage property mentioned in the schedule of the decree. During continuation of the execution case, at one ..Category: Constitutional Law | Date: | Hits: 168
Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....sult, Rules in Writ Petition Nos. 6579 of 2004 and 6057 of 2005 are discharged without any order as to costs.Stay granted earlier stands vacated.Ed.This Case is also Reported in: 59 DLR (2007) 601. ......fore the Artha Rin Adalat No. 1, Dhaka against 4(four) defendants including the petitioners as defendant Nos. 1 and 2 for recovery of loan amounting to Taka 2,16,38,155.64, on selling the mortgaged property given as security against such loan, sanctioned against back to back Letter of Credit in or..Category: Others | Date: | Hits: 104
Integrated Services Ltd. Vs. Commissioner (Current Charges), Customs and others, 2007, 36 CLC (HCD)
....gment Md. Abdur Rashid J.- In the above Rule Nisi, the letter dated 24-10-2004 issued by one Assistant Commissioner, respondent No. 3 (Annexure-R) directing the petitioner to appear before him for personal hearing was challenged. 2. The facts and circumstances, in which the Rule was obtained, ......legal effect. The respondents are directed to refund the, detained non-adhesive share transfer stamps by 24th day of May, 2007, positively. Ed. This Case is also Reported in: 59 DLR (2007) 597...Category: Business or Commercial Law | Date: | Hits: 178
Mofidul Haque (Md) Vs. Bangladesh, 2006, 35 CLC (HCD)
...., there is no merit in this appeal. The appeal must fail. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 588. ......deration on which Mr. Moazzam Hossain has placed much reliance. It has been clearly expounded that Article 6 of the Paris Convention could be made applicable in the matter of protection of industrial property on two prime considerations. One is, that the party claiming protection under article 6 o..Category: Intellectual Property Law | Date: | Hits: 198
Jaban Ali and others Vs. Tazir Muhammad and others, 2007, 36 CLC (HCD)
....same subject-matter, if not otherwise barred by any law. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 584. ......oners as plaintiffs instituted the Other Class Suit No. 458 of 1976 in the Court of the Subordinate Judge, Dinajpur, impleading the opposite parties as defendants for declaration of title to the suit property. On transfer, the same was re-numbered as Title Suit No. 51 of 1981. 3. The plaintiffs' ..Category: Property Law | Date: | Hits: 23
Namita Rani Biswas and others Vs. Rabindra Nath Majhi and others, 2007, 36 CLC (HCD)
....arned District Judge, Khulna is set aside and restored the grant of Letter of Administration. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ......led a petition for granting Letter of Administration before the District Delegate, Khulna in Miscellaneous Case No. 1 of 1966. Surendra Nath Biswas obtained Letter of Administration and possessed the property, mutated his name in the record of right and subsequently he died. The property was enlis..Category: Property Law | Date: | Hits: 68
Bura Yunus and others Vs. State, 2007, 36 CLC (HCD)
....corroborating each other, and under such juncture, the Court is left with no option but to convict the accused relying upon them, if their testimonies tally each other. These public witnesses have no personal interest to depose against the accused persons other than to disclose the real incident. Th...... the charge under section 399 of the Penal Code. The appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 59 DLR (2007) 549...Category: Criminal Law | Date: | Hits: 90
Mahmudur Rahman and another Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)
....2 vide sanction letter No. Jute (4338)362/85/ KMJ:SH dated 22-4-1985 and as per terms and conditions of the said sanction letter all directors of the company including the petitioner provided their personal guarantee as security for repayment of loan. Thus even though the petitioner transferred hi......d to have been made without lawful authority and is of no legal effect There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 540; 13 MLR (HCD) (2008) 353. ..Category: Banking Law | Date: | Hits: 124
Khalilur Rahman (Md) Vs. Asgar Ali, 1999, 28 CLC (HCD)
.... power of attorney on the basis of which Nun Mohammad acting as an attorney deposed on behalf of the plaintiff whereupon the learned Senior Assistant Judge directed the plaintiff to appear before him personally as the defendant seriously challenged the genuineness of the power of attorney and the au......molishing the structures standing thereon and for permanent injunction in respect of the remaining portion of the suit land restraining the defendants from interfering with his possession in the suit property or in any way interfering with the peaceful possession of the plaintiffs therein. The plain..Category: Procedural Law | Date: | Hits: 76
Shamshad Asif Vs. Additional District Judge and others, 1999, 28 CLC (HCD)
....ules are discharged with cost at the rate of Taka 1,000.00 to be paid by the petitioner of each Rule to the contesting respondent No.2. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 138.......tion 33 of the said Act provides that notwithstanding anything contained in any other law for the time being in force, Court in which a suit or other proceeding relating to a claim for money or other property is pending against a debtor shall on proof that an order of adjudication has been made agai..Category: Civil Law | Date: | Hits: 78
Dr. Md. Kamrul Ahsan Talukder Vs. Nurun Nahar and others, 2009, 38 CLC (AD)
....ellate Court is directed to dispose of the appeal in accordance with law. This appeal is accordingly, allowed without any order as costs. Ed. This Case is also Reported in: VII ADC (2010) 794.......urul Islam Bhuiyan, learned Advocate-on-Record, appearing for the respondent submitted that the prayer for declaring the decree dated 19.08.1990 passed in Other Class Suit No.81 of 1982 in respect of property is void, illegal, collusive and not binding upon the plaintiffs and such prayer comes und..Category: Property Law | Date: | Hits: 37
Jamal Uddin Ahmed Vs. Abdul Haque and another, 2002, 31 CLC (HCD)
....818 as of the date 30th September, 1993, in Class‑6 in respect of CI. Fittings, is cancelled. In the result, the petition is allowed. Ed. This Case is also Reported in: 55 DLR (2003) 102. ......818 as of the date 30th September, 1993, in Class‑6 in respect of CI. Fittings, is cancelled. In the result, the petition is allowed. Ed. This Case is also Reported in: 55 DLR (2003) 102. ..Category: Intellectual Property Law | Date: | Hits: 175
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