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Dhaka Steel Works Ltd. Vs. Commissioner of Taxes, Dhaka (North Zone) Dhaka, 1992, 21 CLC (HCD)
....r the Respondent. Application No. 20 of 1986. Judgment AM Mahinudur Rahman J.- This reference under section 66(1) of the Income Tax Act, 1922 is at the instance of assessee applicant. At the time of hearing nobody appears on behalf of the assessee applicant. In this situation we are to see ......As the Commissioner of Taxes appears at the hearing and has incurred the expenses he will have the costs of this reference application. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 440...Category: Fiscal/Taxation Law | Date: | Hits: 164
Fulu Mohammad and others Vs. State, 1992, 21 CLC (HCD)
....plication of the prosecution by the order dated 1.3.88 when the defence did not raise any objection and that the plea of right of private defence cannot be raised now as it was not put forward at the time of cross‑examination of the witnesses and that the case against the accused has been proved b......r case. The other appellants Fazir, Lokman, Mohiuddin alias Momuddin and Md. Mofazzal Hossain are discharged from their bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 431...Category: Criminal Law | Date: | Hits: 86
Shafiquir Rahman Vs. Mir Nazmul Hossain Khan & others, 1992, 21 CLC (HCD)
.... substance for setting aside the award dated 5.8.79 and since the cause of action in the suit according to the plaintiff arose on 7.12.79 when the plaintiff came to know about the award for the first time and since the plaintiff as defendant No.2 appeared in Title Suit No.366 of 1977 on 20.12.79 and......he judgment and order passed by the learned Subordinate Judge is upheld but on different ground. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 428...Category: Alternative Dispute Resolution | Date: | Hits: 362
Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)
....deed and to hand over the physical possession of the Cafeteria in favour of the petitioner. A copy of the petition dated 30.7.86 is enclosed as Annexure‑‘H’ to the petition. 7. In the meantime more than 2 years elapsed. The respondent No.1 then issued tender acceptance letter on 22.9.87 ......d without lawful authority and to be of no legal effect. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 420...Category: Property Law | Date: | Hits: 133
Rahima Begum Vs. Md. Abdul Baten, 1990, 19 CLC (HCD)
....s no evidence in support of the transferee's case of the payment having been made in 1973. So also there having been no satisfactory evidence the applicant's plea that the consideration was paid some time after the registration of the Kabala cannot be believed. There is therefore no scope to take a .......73 of 1983 is set aside and the order passed on 16.8.77 by the Circle Officer (Rev) Sreepur in Case No.3 of 1976‑77 is restored. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 414...Category: Property Law | Date: | Hits: 110
Abu Taher Miah Vs. Farazuddin Sarker and others, 1989, 18 CLC (HCD)
....Further, from annexure B to the affidavit-in-opposition it appears that the outstanding dues were cleared and the bank directed its advocate to withdraw the suit. So, there was no adjudication at any time on the point as to whether the respondent No.1 was at all a defaulter or not. Withdrawal of the...... with costs. We direct the petitioner to pay Tk.1000/- in cash as costs of this Rule to the respondent No.1 within one month from date. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 543...Category: Election Law | Date: | Hits: 216
....be challenged, reviewed, quashed or called in question in any Court Section 11 provides that the provisions of this Act shall have effect notwithstanding anything contained in any other law for the time being in force. Section 12 gives the Government the power to make rules for carrying out the pu...... is discharged without any order as to costs.
Let a copy of this judgment be forwarded to the Ministry of Law and Justice at once.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 538...
Category: Administrative Law | Date: | Hits: 445
Fazal Mahmud Vs. Pioneer Printing Press Ltd. & Others, 1989, 18 CLC (HCD)
.... another Vs. Registrar, Joint Stock Companies and another in Writ Petition No.94 of 1985 where it was held that when the company actually held its last preceding general meeting within the extended time granted by the High Court Division, the legal obligation to hold the next general meeting withi......nce in this application which is accordingly dismissed. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 529...Category: Business or Commercial Law | Date: | Hits: 352
Kazi Ibrahim alias Ibrahim Kazi Vs. State, 1989, 18 CLC (HCD)
....assed on no evidence at all. In elaborating this point Mr. Huq submitted that in the instant case the accused appellant Ibrahim made no confessional statement before any Magistrate. He was at the time of occurrence and at the time of recovery of the alleged arms from his house only 10 years of h......e charge as leveled against him. He is directed to be released from the bail bonds immediately. Send down the LC records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 524. ..Category: Criminal Law | Date: | Hits: 97
....fact i.e. the murder of a businessman of Narayanganj. It further appears from the grounds served upon the detenu that no new ground was added by the authority in detaining the detenu for the second time. Thus it is clear that the detenu has been detained mainly on the grounds of criminal case whic......a now detained in Dhaka Central Jail, Dhaka be released and set at liberty forthwith if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 345.
..
Category: Criminal Law | Date: | Hits: 100
....ice of the Republic:
Provided that no application in respect of an order, decision or action which can be set aside, varied or modified by a higher administrative authority under any law for the time being in force relating to the terms and conditions of the service of the Republic or the disci......assed by the 1st Labour Court, Dhaka in I.R.O. Case No.267 of 1988 is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 341.
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Category: Procedural Law | Date: | Hits: 273
Zehad Ali Vs. Kharshed Ahamed & others, 1984, 13 CLC (HCD)
....f Civil Procedure lies down that an appeal shall lay from the orders, enumerated therein and from no other orders "save as otherwise expressly provided in the body of this Code or any law for the time being in force." Order 43 of the Code which forms part of this section contains an enumeratio....... In the facts and circumstances of the case, there would however be no order as to cost. Let the records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 336. ..Category: Property Law | Date: | Hits: 115
Chittagong Port Authority Vs. Hong Kong Shipping Lines & others, 1989, 18 CLC (HCD)
....om United States of America per S.S. Argo Ellas owned and controlled by the defendant No.1, M/s. Hong Kong Shipping Lines. The said cargoes were discharged under the agency of defendant No.2 M/s. Maritime Agencies Ltd. at Chittagong Port Jetty. The representative of M/s. Md. Haji Gani Ltd. however, ......judgment and decree of the lower appellate Court and dismiss the suit against the defendants. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 332. ..Category: Business or Commercial Law | Date: | Hits: 397
....rict Land Acquisition Authority had no jurisdiction to pass any order after 1.2.84;
(f) The requiring body collusively obtained the orders;
(g) The disputed property was lying unused for a long time.
4. Against the aforesaid order the respondent No.3 moved the respondent No.1 being L.A. Mis......t lawful authority and that those are of no legal effect.
The Rule is accordingly made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 326.
..
Category: Property Law | Date: | Hits: 116
Abdus Salam Vs. Chief Election Commissioner and others, 1989, 18 CLC (HCD)
..... 7. We find considerable force in the submission of Mr. Paul. The issues that have now been raised in the present Writ Petition could very well be incorporated in the earlier Writ Petition at the time of its filing, because The petitioner being a candidate surely knew whether the voters of Hijla......ledge. This issue can be decided only after taking evidence. If people of certain villages had already voted on 10.2.88 and if they vote again at Hijla centre that can only be known after opening the scaled gunny bags of all the centres containing the election materials and after comparing the voter..Category: Election Law | Date: | Hits: 215
Shah Alam Vs. Shah-Newaz-Ebne Mostaque and others, 1999, 18 CLC (HCD)
....visions of Article 181 of the Limitation Act or section 48 of the Code of Civil Procedure, in my opinion, will be applicable in the case of an application made for execution of a decree for the first time. It is submitted by Mr. Shafique Ahmed, the learned Advocate for the petitioners that in the in...... hereby set aside. Stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 390. ..Category: Property Law | Date: | Hits: 94
Saiful Islam alias Japannya Vs. State, 2010, 39 CLC (HCD)
....s aforesaid. 5. The appellant surrendered before the trial Court on 19.1.2004 and subsequently moved in this Court with the instant criminal appeal. Since then he is in jail custody and in the meantime has suffered more than eight calendar years. 6. Mr. Z. I. Khan, learned Advocate appearing f......s imprisonment, if he is not wanted in connection with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 102
Md. Seru Mia and another Vs. State, 2011, 40 CLC (HCD)
....e. There is no evidence to show that the appellants used the counterfeit note with knowledge or belief that it was a forged or counterfeit note. No question to that effect was put towards them at the time of framing charge or while one of them was examined under section 342 of the Code of Criminal P......in Session Case No.1 of 1994 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J.- I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 111
.... warrant in law to promulgate it in haste on 14.12.89 when the winter session of the Parliament was expected to be in session within a few days. Moreover, no circumstances existed at the relevant time which rendered immediate action necessary so as to promulgate the said amending Ordinance in .......90. As the hearing could not be completed, we heard the matter to-day, the 17th February, 1990, Saturday and delivered the judgment.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 316.
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Category: Election Law | Date: | Hits: 391
Sonali Bank Vs. Abidur Rahman, 1990, 19 CLC (HCD)
....lation to the Court of the District Judge and the Court of the Additional Judge. 10. Sections 18, 20 and 21 of the Act read as under:- "18. Save as otherwise provided by any enactment for the time being in force, the jurisdiction of a District Judge or Subordinate Judge extends, subject to t....... The rule is, accordingly, discharged without any order as to costs. Communicate this order to the District Judge, Dhaka, at once. Ed. This Case is also reported in: 42 DLR (HD) (1990) 311...Category: Procedural Law | Date: | Hits: 168
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