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Gurvinder Singh Vs. Secretary, Ministry of Finance and others, 1992, 21 CLC (HCD)
.... In the result, this Rule is disposed of on the above observations without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 434. ......ated 27-4-92 issued by the respondent No.3 namely, the Assistant Commissioner of Taxes, Central Salary Circle I, section II, 40 Segun Bagicha, Dhaka directing the petitioner not to leave Bangladesh before settling income tax assessment matter. 2. In the instant case, this petition is moved by Gur......he specific assertion of the petitioner made in an affidavit before this Court that he was visited by the Inspector of Taxes at his office who simply stated to the petitioner that he is to pay lot of money as tax on US salary but an arrangement could be made to avoid paying taxes at which the petiti..Category: Fiscal/Taxation Law | Date: | Hits: 98
Hamza Rubber Industries Vs. Golam Dastagir Gazi, 2001, 30 CLC (HCD)
.... is now necessary to go into the question of ‘comparable strength’ of the cases of either party, apart from balance of convenience. 11. Comparative strength must be looked into on the basis of claims of the plaintiff made in application for injunction whether the use of offending mark by the ......presented by the plaintiff against judgment and order dated 12-02-2001 passed by the 10th Court of Additional District Judge at Dhaka in Title Suit No. 32 of 2000 by which the prayer of the plaintiff for temporary injunction was refused. 2. The plaintiff instituted the suit for a decree for perpe......granted as prayed for and the plaintiff ultimately fails to succeed in the suit he would not suffer anything whereas the defendants would be ruined. Mr. Bhuiya submits that no amount of investment of money will entitle the defendants in law to infringe the Trade Mark of the plaintiff. He also submit..Category: Intellectual Property Law | Date: | Hits: 230
....bouts are not known or who has ceased to occupy, supervise in person his property, including……………”
8. Moreover, the Government has no obligation either to deny the facts alleged by the claimant or to disclose the basis of treating the property as abandoned property merely because the ......n 17-2- 1986 in the First Court of Subordinate Judge, Dhaka against Ali Mohammad Abbas, the Chairman of the DIT and the Government of Bangladesh represented by the Secretary, Ministry of Public Works for specific performance of contract and also for a decree for declaring that the enlistment of the ......Ali Mohammad Abbas, entered into a contract with the petitioner and executed a bainapatra on 28-2-197 at a consideration of Taka 80,000.00 to sell the disputed property. Out of the said consideration money Taka 40,000.00 was paid on the same date and the petitioner was given delivery of possession o..
Category: Property Law | Date: | Hits: 103
Progoti General Insurance Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....st income and dividend income which is derived by virtue of holding the source and the levy is chargeable when the income accrued as such the Deputy Commissioner Taxes was justified to disallow their claim for deduction of Jamuna Levy for arriving dividend income and interest income of the applicant......he Jamuna Levy an amount of Taka 13,18,045.00 holding that it was not an allowable expense against the interest and dividend income while grossing up the same with the income. Being aggrieved by the aforesaid order of the DCT petitioner preferred an appeal before the Additional Appellate Commissione......ormulated by us in the negative and in favour of the assessee petitioner. There will be no order of cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 424, 53 DLR (HCD) (2001) 531. ..Category: Fiscal/Taxation Law | Date: | Hits: 104
Abul Kashen (Md.) Vs. Chairman, RAJUK and others, 2000, 29 CLC (HCD)
....e respondent RAJUK says that 5-storied commercial building on such a small piece of land might have been approved on misrepresentation of facts and taking advantage of approved plan the petitioner is claiming that he has the right to construct 5-storied commercial building. It appears from the im......the owner of Plot No.22/A/1 of the layout plan of Eastern Housing Ltd. comprising more or less 1 katha of land which he purchased on 12-4-89. The petitioner obtained an approved plan in the year 1989 for construction of a 3-storied building on the said plot. Thereafter, the petitioner submitted a pl......৮৩/৮৯/১০৭৮ (Annexure-A-I). Having obtained the approved plan the petitioner started constructing the building in accordance with the Rules and the petitioner invested huge amount of money for the said construction. While the construction work is going on the respondent No.3 served ..Category: Property Law | Date: | Hits: 114
A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....he above letter addressed by the Air Head Quarter to the RAJUK and requested the petitioners to stop further construction of the building and to obtain clearance from the Air Head Quarter. It is also claimed that when they requested the petitioners, construction of the building up to 7th floor was o......udgment Md. Abdur Rashid J.- This Rule Nisi was issued upon the respondents to show cause as to why the impugned order dated 24-06-99 canceling the sanction of the revised plan granted on 18-02-93 for construction of a 22-storied building, order dated 21-09-99 rejecting the appeal and order dated......under section 3 of the Building Construction Act, 1952, briefly, the Act. 3. On getting the sanction, the petitioners started construction as per sanctioned plan. As the construction involved huge money, the petitioners mortgaged the said land to a bank and took loan. Out of 22 floors, 16 floors ..Category: Property Law | Date: | Hits: 125
Osena Begum alias Babuler Ma and another Vs. State, 2003, 32 CLC (HCD)
.... case, the prosecution examined 11 witnesses while the defence none. Common defence was that deceased Hazera caught fire while she was cooking for 'Sehri' and ultimately, she died of deep burns. They claimed to be innocent. 3. PW 1 Aksir M Chowdhury testified that he was the Secretary of National......s judgment. 2. Prosecution case, in short, is that the condemned prisoners Osena Begum and her son Babul Miah committed murder of Hazera Begum, wife of Babul Miah by severely burning her with acid for dowry. In the trial Osena Begum was charged under section 10(1) while Babul under section 10(1) ......him that 5/6 months ago Babul married Hazera. They also told him that Babul earlier married once, which he concealed to Hazera. Victim Hazera, as lying, told them that Babul used to pressure to bring money from her parents since immediate after her marriage. Babul's mother also colluded with him in ..Category: Criminal Law | Date: | Hits: 49
Mrs. Aruna Sen Vs. Govt. of the People's Republic of Bangladesh and others, 1974, 3 CLC (HCD)
....aining him in custody for satisfying the court that the detune is being held not only with the lawful authority, but also in lawful manner. 8. In the present case the authority concerned having claimed to detain the detenu under section 3 of the Special Powers Act, it is to be show that the ac...... authority of the Dacca Central Jail issued a statement in the Newspapers on the first April, 1974. On the 2nd April, the petitioner's lawyers served a notice upon the respondents 1, 2 and 3 asking for information as to the charges against him, the place of his custody and the authority under whic......this case involves substantial question as to the interpretation of the Constitution. Abdur Rahman Chowdhury, J.- I agree. Ed. This Case is also Reported in: 27 DLR (1975) HCD 122. ..Category: Constitutional Law | Date: | Hits: 291
Zafela Begum and others Vs. Atikulla and others, 2011, 40 CLC (AD)
....gh Court Division in First Appeal No. 100 of 1995) Judgment SK Sinha J. - The facts out of which this appeal arose are as under: In a suit for partition the plaintiffs who are the appellants claimed that 'Ka' schedule land measuring 4.0 acres originally belong to Imam Bux in Raiyati right,...... judgment and order dated 26.5.2003 passed by the High Court Division in First Appeal No. 100 of 1995) Judgment SK Sinha J. - The facts out of which this appeal arose are as under: In a suit for partition the plaintiffs who are the appellants claimed that 'Ka' schedule land measuring 4.0 ac......l is allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 46, 31 BLD(AD) (2011) 111, 8 LG (AD) (2011) 133, 16 MLR (AD) (2011) 216, VIII ADC (2011) 907. ..Category: Property Law | Date: | Hits: 127
Agrani Bank Vs. MA Kahhar, 2002, 31 CLC (HCD)
....ailed to meet the plaintiff/appellant's expectation. 8. Before us, Mr. Abul Hasnat, in advancing the plaintiff/appellant’s case argued- We would say, rather strenuously‑ that though the bank's claim apparently eclipsed by operation of the limitation legislation, subsequent acknowledgment by t......ce is this appeal by the plaintiff. 2. The plaintiff, a schedule bank, brought the instant civil action by impleading one MA Kahhar as the lone defendant, who is, indeed, the absentee respondent before us. Although the suit was partially decreed against him, he did not lodge any appeal. Nor did a......being multiplied by interest, inflated to an amount of Taka 74,055. The defendant's denial of liability, as conveyed by his reply dated 22‑2‑1987, compelled the plaintiff to institute the subject money suit. 4. The defendant, in his resolve to demean the plaintiff’s assertion, filed written..Category: Banking Law | Date: | Hits: 215
Alam Kabiraj and others Vs. State, 2003, 32 CLC (HCD)
.... sections 302/307/34 Penal Code was framed against all above 10 accused including absconding accused Motleb Sarder on 5-1-94 by the Sessions Judge. Accused present in the court pleaded not guilty and claimed to be when the charge was read out and explained to them. Thereafter the case record was sen...... State Vs. Sarowaruddin, 5 BLC 451; State Vs. Md. Ali Kibria @ Shahjahan, 43 DLR 512; Nil Raton Biswas Vs. State, 3 BLC 35. Lawyers Involved: Rafiqur Rahman with Serajur Rahman, Advocates- for the Appellants. ABM Waliur Rahman Khan with Shamima Ara Dora, Assistant Attorneys‑General......din that he (Shahabuddin) was compelled by force to go with the co‑accused and during occurrence he was asked by those miscreants to remain standing with cloths of others and he did not receive any money as booty. Accordingly, he contends that Exhibit 8 was exculpatory in nature. Similarly, he arg..Category: Criminal Law | Date: | Hits: 42
Bangladesh House Building Finance Corporation Vs. Md. Abdul Hoque, 2002, 31 CLC (HCD)
.... of the Money Execution Case No. 88 of 1996. Communicate the order to the learned Joint District Judge, Artha Rin Adalat, Jessore at once. Ed. This Case is also Reported in: 55 DLR (2003) 270.......at and Sub Judge, Jessore in Money Execution Case No. 88 of 1996 should not be set aside and/or such other or further order or orders passed as to this Court seem fit and proper. 2. Facts relevant for the purpose of disposal of this Rule, in short, are that the petitioner instituted Miscellaneous......nal decree. It was held by their Lordships that the application for execution was not barred by section 48, CPC. The decree holder could proceed with the execution of the agreement and to recover the money due under it in the usual way as in the case of a decree. That under the present Code Of Ci..Category: Property Law | Date: | Hits: 91
Hossain Khan (Md.) and others Vs. Government of Bangladesh & others, 2001, 30 CLC (HCD)
....Commissioner being abnormally low, inadequate and without basis and whimsical. 6. The appellants filed Arbitration Case No. 399 of 1985 before the Subordinate Judge & Arbitration Court, Dhaka claiming Taka 3,35,24,880 for the value of the land at the rate of Taka 1,20,00,000 per acre, recurr......rises are that, the appellants are the heirs late Alhaj Md. Noor Hossain, who was the owner of CS Plot No. 692, JL No. 251 of Mouza Dhanmondi, Dhaka. The Deputy Commissioner, Dhaka requisitioned the aforesaid Plot No. 692 in 1958 for public namely, for establishment of a 'Hawkers Market' and directe......Rule No. 250(FM) of 2001 is also made absolute. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 264. ..Category: Property Law | Date: | Hits: 95
Mazharul Huq Quraishi and others Vs. Hari Chandrs Hrishi and another, 2000, 29 CLC (HCD)
.... to conclude the trial as early as possible preferably within 3 months from the date of receipt of the judgment. Copy be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 392. ......on to show cause as to why the proceeding of Petition Case No. 25 of 1993 under section 420/406 Code pending in the Court of Magistrate, 1st Class, Dhaka should not be quashed. 2. Learned Advocate for the accused petitioners submits that according to allegation stated in the petition of complaint....... In the cited decision on behalf of complainant-opposite party No.1 in the case of Fateh Haider and another Vs. Emperor reported in AIR 1930 Lahore page 407 it appears that one Fateh Haider borrowed money from one Mukha Shah on security of one Nawab on the basis of two mortgage bonds and having arr..Category: Criminal Law | Date: | Hits: 42
Mati Lal Karmakar and Another Vs. Kalandar Talukder and another, 1998, 27 CLC (HCD)
....uit against Nanda Rani Pal and others being Title Suit No.271 of 1978 for declaration of title which is pending. Shahi Bala being one of the defendants is contesting that suit. Thus the defendant’s claim is that on the basis of the bainapatra the defendants have been possessing the suit land by er...... J. - This Rule is directed against the judgment and decree dated 8-7-93 passed by the District Judge, Chandpur in Title Appeal No. 141 of 1990 by which the decree passed by the trial Court in a suit for perpetual injunction was affirmed. 2. The plaintiffs are the petitioners in this revision cas......purchase the land and pursuant to that an agreement was entered into on 2-2-65 for selling the land by the said vendors at a consideration of Taka 6,000.00 and the vendors receiving the consideration money executed the bainapatra and delivered possession of the land to the purchaser. Since then the ..Category: Property Law | Date: | Hits: 64
Omar Ali Sheikh Vs. Shamsul Alam Mridha and others, 2002, 31 CLC (HCD)
.... the Rule is discharged without any order as to cost. The order of stay granted at the time of the issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 257. ......in Title Appeal No. 95 of 1997 affirming the Judgment and decree dated 4‑11‑1997 passed by the learned senior Assistant Judge, Naria, Shariatpur in Title Suit No. 2 of 1995. 2. Relevant facts, for the disposal of this in short, are that the opposite party Nos. 1 to 3 as plaintiff instituted t......onged to the defendant petitioner, who decided to sell the said land and the plaintiffs proposed to purchase the same at consideration of Taka 35,000. The petitioner, receiving Taka 30,000 is earnest money, came to an oral agreement with the plaintiffs and delivered possession of the suit land. Afte..Category: Property Law | Date: | Hits: 84
Md. Azizur Rahman Vs. State and another, 2010, 39 CLC (AD)
....he above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 50. ......11, 2010. Lawyers Involved: Md. Abdur Razaque Khan, Senior Advocate instructed by Zainul Abedin, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Criminal Petition for Leave to Appeal No. 253 of 2009. (From the judgment and order dated the 2nd day of June, 2009......f which the accused No.1 verbally prayed for time and by letter dated 04.07.1999 promised to pay the dues by 31.07.1999 which he ultimately did not. The accused petitioner did not pay the Bank demand money and as such, the accused petitioners occurred an offence punishable under Section 420/468/47..Category: Criminal Law | Date: | Hits: 55
Managing Director, Dhaka WASA Vs. Meer Awlad Hossain and others, 2010, 39 CLC (AD)
....vice." Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 45....... instructed by Md. Taufique Hossain, Advocate-on-Record-For the Petitioner. M. Waliul Islam, Advocate-on-Record-For Respondent No.1. Not represented-For Respondent Nos. 2-9. Civil Petition for Leave to Appeal No. 2303 of 2009. (From the judgment and order dated 15.3.2009 passed by the ......n disputed facts the same is not legally maintainable. It is further contended that the High Court Division erred in law in foiling to consider that there was no direction to deduct any amount of money from the retirement benefit of the writ petitioner and in that view of the matter, the High Co..Category: Employment/Service Law | Date: | Hits: 87
Deputy Commissioner and another Vs. Md. Abu Taher and another, 2010, 39 CLC (AD)
....er contended that the exchange case of the writ petitioner was closed in 1993 and the property in question was declared as Enemy Property and in that view of the matter, the writ petitioner could not claim any right in the disputed property and as such, the writ petition is not legally maintainabl......er 13, 2010. Lawyers Involved: Karunamay Chakma, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 397 of 2009. (From the judgment and order dated 19.4.2007 passed by the H......t and order dated 19th April, 2007 passed by the High Court Division in Writ Petition No.6142 of 2001 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 23...Category: Property Law | Date: | Hits: 81
Md. Abdul Barik and another Vs. Most. Serajan Nessa and another, 2010, 39 CLC (AD)
.... plaintiff’s brother Abdul Latif lives in the land. For this reason the plaintiffs decided to gift the land in favour of Abdul Latif. The plaintiffs are illiterate village people and the defendants claimed the land except plot No.55 on 31st Shravan, 1404 B.S. Thereafter the plaintiffs came to know...... January 12, 2010. Lawyers Involved: Md. Nurul Amin, Advocate instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioners. Not represented- the Respondent. Civil Petition for Leave to Appeal No.1409 of 2009. (From the judgment and order dated the 13th day of April, 20...... 28.10.1986. The plaintiffs came to know definitely about the said deed after procuring the certified copy on 21.08.1997. The plaintiffs did not sell the land to the defendants and no consideration money has been paid. Hence the cause of action arose. 3. The defendants contested the case by fil..Category: Property Law | Date: | Hits: 84
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