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Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)
....on since long. The plaintiff-opposite party No.1 namely, Md. Qayum Mollah is a resident of Bagerhat district and by profession a Contractor. They have previous acquaintance with each other. It is not disputed that the subject matter of the suit is a land as well as the building on it and Mr. Abdur R...... a single judgment. The learned Court of appeal below after hearing both the parties set aside the judgment and decree of the trial Court but remanded back the suit to the trial Court for fresh trial holding that the signatures appearing in the deed of agreement (Exhibit 1) and on other papers such ..Category: Civil Law | Date: | Hits: 71
Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)
....27 of 1992, 28 of 1992, 29 of 1992, 30 of 1992, 32 of 1992, 31 of 1992, 34 of 1992, 35 of 1992. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 509. ......ations where the Bangladesh Food and Allied Industries Corporation is the petitioner, the following questions have been formulated for our opinion: (i) Whether the Tribunal was justified in law in holding the status of the petitioner as a company instead of a local authority; (ii) Whether the ..Category: Fiscal/Taxation Law | Date: | Hits: 86
.... are of the view that the petitioner should be saddled with cost.
In the result, the Rule is discharged with cost of Taka 5,000.00 only.
Ed.
This Case is also Reported in: 51 DLR (1999) 208.
......be made legally. Had the respondent No.4 made his offer after acceptance of the report of the evaluation committee by the Board of Trustees of the respondent Trust then we would have no hesitation in holding that rejection of the petitioner’s offer made in course of the negotiation and acceptance ..
Category: Property Law | Date: | Hits: 102
Sabed Ali Howlader and Others Vs. Abdul Barek and other, 1998, 27 CLC (HCD)
.... Mr. Ziaul Karim, the learned Advocate for the petitioner and Mr. Abdul Quayum, the learned Advocate for the opposite party. 7. This is a suit for declaration of title and for partition. It is not disputed that by Ext. A (1) an area of 0.34 decimal of land was transferred in favour of Shahabuddin......d that the suit was bad for defect of parties as some necessary parties have been left out. The Court of appeal below also dismissed the appeal and affirmed the judgment and decree of the trial Court holding that the suit is bad for defect of parties for not impleading the aforesaid Shahabuddin but ..Category: Property Law | Date: | Hits: 102
Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)
....from the place of occurrence and in the FIR there is specific allegation that absconding accused Faruk Thakur along with 20/25 miscreants armed with deadly weapons created terror to trespass into the disputed house and while victim was going there they had started firing indiscriminately and at one ......rar is directed to send copy of this judgment to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199...Category: Criminal Law | Date: | Hits: 33
Abdur Rouf (Md.) and another Vs. State, 1998, 27 CLC (HCD)
....ns, collusion with each other, resorted to forgery fabrication and by creating fictitious papers and by making false entries in the relevant registers managed to withdraw the money covered by the two disputed cheques in fulfillment of their grand design. 27. It is found from the evidence that acc......00 in the name of one of village Char Ramchandrapur, Police Station and District Pabna was opened with Janata Bank, Main Branch, Pabna on 24-9-79 on the purported introduction of one Jalaluddin Ahmed holding current deposit account No.1570 and the said signature was verified by accused Abdur Rob, an..Category: Criminal Law | Date: | Hits: 104
Dil Mohammad Vs. Jamir Hossain and others, 2004, 33 CLC (HCD)
....aintiff is allowed to withdraw the appeal with permission to sue afresh on the subject matter as prayed-for. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 88.......d and lived there with his family. On 11-2-75 Jabbar orally gifted the suit plot to defendant No. 1 and delivered possession. Since then defendant No. 1 possessed the suit land by opening a municipal holding and obtaining electric line, water line and gas connection and living therein with his famil..Category: Property Law | Date: | Hits: 83
Syed Abdul Alim alias Lalu Vs. DC, Dhaka and others, 2005, 34 CLC (HCD)
....osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ...... the Special Martial Court No. 1 held the trial and convicted the petitioner awarding death sentence without taking cognisance stating that there are ample evidence and materials on record to justify holding of the trial and convicting and sentencing the petitioner for committing murder of Md. Arifu..Category: Criminal Law | Date: | Hits: 52
Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)
....151 of 1999 by Second Commercial Court and Subordinate Judge at Chittagong in respect of said property was forged, collusive, illegal, false, void and not binding upon the plaintiff. 48. It is not disputed that on 7-8-63 defendant No. 2 M/s Taher and Company, which was a partnership firm got, lea......urun Nahar Begum and others vs. Abdul Khaleque Choukder and others, 43 DLR (AD) 107 and Haji Md. Eshaque vs Rupali Bank, 43 DLR 621. 41. He submitted that learned Subordinate Judge erred in law in holding that after the compromise entered Into by defendant No.1 with defendant No. 5 in respect of ..Category: Property Law | Date: | Hits: 71
Mahfuz Anam & others Vs. State and another, 2005, 34 CLC (HCD)
....rict Magistracy. Send a copy of the judgment and order of the concerned Court below immediately for information. Ed. This Case is also Reported in: 58 DLR (2006) 60, 26 BLD (HCD) (2006) 26. ......ion with the Rule stands vacated. 10. The impugned CR Case No. 38 of 2001 now pending before the Magistrate, First Class, Magura, is hereby withdrawn and transferred to Dhaka Sessions Division for holding trial by any competent Court of Dhaka district. Accordingly, the District Magistrate, Magura..Category: Criminal Law | Date: | Hits: 100
Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)
....ngly mutated in the names of Luna and Dana. At no point of time from 1967 to 2000 when he deposed, Mokhlesur Rahman ever claimed any right or interest either over the land or the house. These are not disputed. 47. A deed of sale prepared and executed after much thought and deliberation and finall......Rahman had no independent source of income as borne out by the evidence on record. Learned Joint District Judge fell in error in shifting the onus upon Shamsul Haque to prove 'Benami' transaction and holding that Farida Rahman acquired the land and constructed the house by her own money. 32. Seco..Category: Property Law | Date: | Hits: 139
Rupali Bank Ltd. and others Vs. Chairman, First Labour Court and others, 2005, 34 CLC (HCD)
....ent worker. The present 9 (nine) Rules, therefore, must fail. In the result, all these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 46.......to be dismissed. 5. The Labour Court having recorded the evidence adduced by both the parties and hearing the arguments advanced by the learned lawyers of the parties passed the impugned decisions holding that the said employees i.e. the respondent No. 2, in all the writ petitions were permanent ..Category: Employment/Service Law | Date: | Hits: 85
World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14....... by BADC (Service) Regulations, 1968. Meanwhile, BADC (Service) Regulations, 1990 were promulgated whereby the promotion of the petitioner to the post of Superintending Engineer was blocked as he was holding diploma in engineering. In such a situation the Appellate Division held as follows: "It ..Category: Information Technology Law | Date: | Hits: 321
....t may be unconstitutional or ultra vires of the Act. To cut the things short it must be borne in mind that here we are not concerned with the Constitutionality of the Act. The vires of the Act is not disputed. Both the petitioners have challenged the validity of the notification. The principal groun......unding circumstances brought to the notice of the Court on which the classification may reasonably be regarded as based, the presumption of constitutionality cannot be carried to the extent of always holding that there must be some, undisclosed and unknown reasons for subjecting certain individuals ..
Category: Fiscal/Taxation Law | Date: | Hits: 81
Selim Reza Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....Rule is made absolute without any order as to costs. The office is directed to communicate this order to the respondents for information. Ed. This Case is also Reported in: 58 DLR (2006) 1. ......id Cattle Hat was not taken on lease in auction by any genuine auction purchasers and traders of the area on a free fair public auction. In most times, this syndicate headed by the UNO make a show of holding public auction for lease of the said cattle Hat and other Hat Bazars in the locality and ret..Category: Others | Date: | Hits: 114
Commissioner of Taxes Vs. Kushtia Sugar Mills Ltd., 2000, 29 CLC (HCD)
....ive bonus as an expenditure covered by section 10(2)(XVI) of the Act inasmuch as the said expenditure was incurred by the assessee wholly and exclusively for the purpose of the business and it is not disputed by the department that this expenditure is either of capital nature or personal expenses. T......ieved by the aforesaid first appellate order the department took a second appeal before the Tribunal and the Tribunal after hearing the parties dismissed the appeal and affirmed the order of the AJCT holding that incentive bonus was an expenditure incurred by the assessee wholly and exclusively for ..Category: Fiscal/Taxation Law | Date: | Hits: 104
.... to file a separate application for condonation of delay. With this observation the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 502.......cedure, passing the order of abatement of the suit instead of dismissing it for default and also in not allowing the petition filed by the petitioners under section 151 of the Code of Civil Procedure holding that the said section was not applicable for setting aside the impugned order of dismissal, ..
Category: Procedural Law | Date: | Hits: 106
Anindra Bhusan Ghose Vs. Bangladesh Government, 2001, 30 CLC (HCD)
....1976, dismissing the suit for declaration of title of the plaintiffs in the suit land. 2. Plaintiffs’ case, in short, is that the suit land originally belonged to Dhanobar and Nafar which is not disputed. They mortgaged the suit land to the defendant Nos.4 and 5 on 26-2-1957. But the transfer d......l. For the reasons and discussions made above, I find no merits in this appeal. In the result the appeal is dismissed. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 493...Category: Property Law | Date: | Hits: 85
....vil matters under the Chittagong Hill Tracts Regulation. The laws applicable in that case are quite distinguishable with the laws applicable in this case. The principle enunciated in that case is not disputed and we have also expressed similar views.
17. Before parting with this case, we would li......ainable.
For the reasons stated above, we do not find a substance in this Rule, which is discharged without any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 488.
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Category: Civil Law | Date: | Hits: 89
Nizam Hazari Vs. State, 2001, 30 CLC (HCD)
....nal No.14, Chittagong in Special Tribunal Case No.757 of 1999 stand maintained. Lower Court Records be sent down immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 475. ......ient. The convict-appellant having been guilty of his own conduct is putting blame upon Tribunal and this conduct of convict-appellant must be taken notice of. Omission in not recording a decision in holding trial will not make the trial and judgment a nullity and without jurisdiction. The defect, i..Category: Criminal Law | Date: | Hits: 58
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