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Rahmatullah (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
.... Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 483.......n No.37 of 1995. Judgment Syed Amirul Islam J.-In this reference application the petitioner has framed two questions for our decision, out of which question No.11(a) has not been pressed at the time of hearing and the learned Advocate for the applicant pressed only question No.11(b) which read......, we answer the question in the affirmative and against the assessee and in favour of the Revenue. There will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 483......., we answer the question in the affirmative and against the assessee and in favour of the Revenue. There will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 483...Category: Fiscal/Taxation Law | Date: | Hits: 200
Registrar Vs. Sahrab Jan & others, 1995, 24 CLC (HCD)
....m Vs. Md. Alauddin and others; Nurul Islam Vs. Md. Abdur Rashid, 37 DLR (AD) 32; Madhubhai Amthalal Vs. Amthalal Nanalal and others, AIR 1947 (Bombay) 156. Lawyers Involved: M. Shafiullah, Advocate ‑ For the petitioner. Syed Badrul Alam, Advocate ‑ For the opposite Party. Civil Revi...... certainly deprive the other side of an opportunity to meet the allegation. This statutory provision of law is designed as a safeguard so that one cannot be taken by surprise by the other side at the time of trial." The submissions and the decision have definitely legal force, but in the present ......ioning failure of justice. In the result, the Rule is discharged. The stay order granted earlier by this Court in hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 214. ......ioning failure of justice. In the result, the Rule is discharged. The stay order granted earlier by this Court in hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 214. ..Category: Property Law | Date: | Hits: 126
Bangladesh Vs. Waker Ahmed and others, 1995, 24 CLC (HCD)
....fendant‑respondent‑petitioner. The application is accordingly rejected. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 211. ......ed to codone the delay without issuing any Rule or hearing the other side with an observation that the plaintiff ‑respondent may however put up any objection against the condonation of delay at the time of hearing of the appeal. The appeal was accordingly registered and numbered as First Appeal No......ter hearing both sides decreed the same on contest by the impugned Judgment and decree dated 28.4.93 and declared title of the plaintiff‑respondent No.3 in the suit land and also granted relief for recovery of possession on the basis of the amendment of the plaint by the plaintiff vide Court’s o......se at this stage on this belated application of the defendant‑respondent‑petitioner. The application is accordingly rejected. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 211. ..Category: Limitation Law | Date: | Hits: 211
Jinnatunessa Vs. Bangladesh, 1995, 24 CLC (HCD)
....981 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 208.......learned Advocate appearing on behalf of the petitioner, submits that the suit was for declaration and cancellation of the ex parte order passed in Misc. Case No.142 of 1970 and the suit is hopelessly time‑barred inasmuch as the opposite party‑government had full knowledge of the ex parte order d...... Subordinate Judge, 1st Court, Mymensingh in OC Appeal No.125 of 1986 are hereby set aside and the OC Suit No.492 of 1981 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 208....... Subordinate Judge, 1st Court, Mymensingh in OC Appeal No.125 of 1986 are hereby set aside and the OC Suit No.492 of 1981 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 208...Category: Limitation Law | Date: | Hits: 239
Shadesh Chandra Saha Vs. State, 1995, 24 CLC (HCD)
.... Supreme Court High Court Division (Criminal Revisional Jurisdiction) Present: AKM Sadeque J Abu Sayeed Ahammed J Shadesh Chandra Saha........................Petitioner Vs. State........................Opposite Party Judgment January 11, 1995. Result: The applica......cused‑petitioner. He can be tried very well under the appropriate sections namely, under sections 365/386/387 and 511 as well of the Penal Code but it is for the trial Court to decide. 9. At the time of issuance of the Rule, the petitioner was enlarged on ad‑interim bail subsequently it was e......ule and non‑schedule offences and this Court taking contrary view had summarily rejected the said applications of the said accused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 206. ......ule and non‑schedule offences and this Court taking contrary view had summarily rejected the said applications of the said accused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 206. ..Category: Criminal Law | Date: | Hits: 133
Moktar Hossain Vs. Budhi Bala Dashi, 1994, 23 CLC (HCD)
....gs to stand upon. The result is that the appeal is dismissed without cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 202. ......ation all that the Court is to see is that if the Will in question is a genuine one and if the answer is in the affirmative then the Court is required to see if the testator had disposing mind at the time of execution of the Will. The legal position is that the profounder of a Will should prove, to ...... of Mr. Amin is sustainable in law and they have no legs to stand upon. The result is that the appeal is dismissed without cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 202. ...... of Mr. Amin is sustainable in law and they have no legs to stand upon. The result is that the appeal is dismissed without cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 202. ..Category: Property Law | Date: | Hits: 183
Kawsarun Nessa and another Vs. State, 1994, 23 CLC (HCD)
....eir bail bonds. Let the lower Court records be sent down expeditiously. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 196. ......ts dealt dao blows to his deceased mothar and killed her Faruque (P.W.3) also told that hi& father, Abdul Barek went to the local bazar at about 9‑10 AM and came back home at 245 PM and at that time his mother (deceased) Monowara was lying dead at the door of the dwelling hut. At about 3‑00 ......ons 302/34 of the Penal Code. They are discharged from their bail bonds. Let the lower Court records be sent down expeditiously. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 196. ......ons 302/34 of the Penal Code. They are discharged from their bail bonds. Let the lower Court records be sent down expeditiously. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 196. ..Category: Procedural Law | Date: | Hits: 155
Jalaluddin Bhuiyan Vs. Abdur Rouf and others, 1997, 26 CLC (HCD)
.... accordingly made absolute. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 408. ...... parties. In the counter affidavit it was further stated that First Information Report named accused Gholam Rabbani was excluded from the charge sheet as he was under the treatment of a Doctor at the time of occurrence and ii this regard a medical report was kept in the case diary, that as many as f...... petition which in the eye of law is a petition of complaint and then pass necessary order. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 408. ...... petition which in the eye of law is a petition of complaint and then pass necessary order. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 408. ..Category: Criminal Law | Date: | Hits: 143
Rezaul Karim Vs. Kabir Ahmed, 1997, 26 CLC (HCD)
.... The Rule is discharged. Cases Referred to- Altaf Hossain Vs. Abul Kasem, 45 DLR (AD) 55; Abdur Rab Mia Vs. Fazlur Rahman, 43 DLR (AD) 23. Lawyers Involved: Md. Abu Bakar Siddique, Advocate-For the Petitioner. Abu Salek, Advocate — For the Opposite Party. Civil Revision No. 5......vision or authority of the Election Commission. 8. Rule 29 of the Union Parishad (Election) Rules, 1983 may be quoted in this connection which runs as follows: “Adjourned poll. (1) If, at any time, the poll at the polling station is interrupted or obstructed for reasons beyond the control of......ny interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 404. ......ny interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 404. ..Category: Election Law | Date: | Hits: 248
Muzaffor Hossain Vs. Md. Shahidullah and others, 1999, 28 CLC (HCD)
....…….........Opposite Parties Judgment April 21, 1999. Result: The Rule is made absolute. Lawyers Involved: Muhammad Jamiruddin Sircar with Irish Khan and Ms. Halima Ferdous, Advocates For the Petitioner. ANM Gaziul Hoque, with Shamsuddin Babul and Kanai Lal Saha, Advocates â€......arty is set aside. The second application for amendment of the plaint dated 1-6- 1997 stands rejected. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 400.......arty is set aside. The second application for amendment of the plaint dated 1-6- 1997 stands rejected. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 400.......aint was not tenable in law. No litigant got a right to get his affairs settled in the manner as he wishes. Every access to justice should not be misused as a licence to an untenable application. The arms of law cannot be stretched to untenable proceedings. If application of the present nature is al..Category: Civil Law | Date: | Hits: 200
Jabed Ali (Md.) alias Jabed Ali and others Vs. State, 1999, 28 CLC (HCD)
....Court High Court Division (Criminal) Present: Kazi AT Manowaruddin J Amirul Kabir Chowdhury J Jabed Ali (Md.) alias Jabed Ali and others……………………Appellant Vs. State……………………Respondent Judgment July 12, 1999. Result: The appeal is allo......all the accused-persons under sections 302/34 of the Penal Code and sentenced them to life imprisonment and a fine of Taka 2,000.00 as aforesaid. Against that they preferred this appeal. 5. At the time of trial prosecution examined 17 witnesses including Investigating Officers and the Magistrate ......he charge under sections 302/34 of the Penal Code and they be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 397.......he charge under sections 302/34 of the Penal Code and they be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 397...Category: Criminal Law | Date: | Hits: 132
Chand Mian (Md.) Vs. Khodeza Bibi and others, 1989, 18 CLC (HCD)
....nt November 6, 1989. Result: The result the Rule is made absolute. Cases Referred to- Dabindar Singh Vs. Mst. Lachmindar AIR 1930 Lah 985. Lawyers Involved: Gour Gopal Saha, Advocate—For the Petitioner. Amjad Hossain, Advocate — For the Opposite Party No.1. Civil Revis......f reversal. 11. The appellate Court has found that the deÂfendant-appellant is an illiterate village woman and it has not been proved that she received independent and disinterested advice at the time of the execution of the alleged bainapatra in the suit. 12. The appellate Court has failed t......f the appellate Court below are set aside and those of the trial Court are restored. Let the L.C. records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 344.......f the appellate Court below are set aside and those of the trial Court are restored. Let the L.C. records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 344...Category: Property Law | Date: | Hits: 133
Sultana Jute Mills Ltd. Vs. Chairman, Labour Court, Chittagong and others, 1989, 18 CLC (HCD)
....ittagong and ors....................Respondents Judgment April 25, 1989. Result: The Rule is made absolute. Cases Referred to- Zamiruddin Vs. Havas Khan, 21 DLR (SC) 39; Mundra Vs. National and Grindlays Bank , A.I.R. (1963) Calcutta 132. Lawyers Involved: Khalilur Rahman, Ad......tion 6 of the Employment of LaÂbour (Standing Orders) Act. 9. Section 6 of the Employment of Labour (Standing Order) Act runs as follows:— "6. Stoppage of work.- (1) The employer may, at any time, in the event of fire, catasÂtrophe, breakdown of machinery, or stoppage of power supply, epid......oned before the word "or" separÂately. 12. Mr. Karim cited the case of Zamiruddin Vs. Havas Khan reported in 21 DLR (SC) 39 in which the Pakistan Supreme Court in interpreting the words "suit for recovery of money due on conÂtracts, receipts or other documents" occurring in secÂtion B of Part ......hout any order as to cost and the impugned order is declared to have been passed without lawful authority and it has no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 340...Category: Labour and Industrial Law | Date: | Hits: 193
Lal Banoo and others Vs. Md. Yasin Abdul Aziz and others, 1989, 18 CLC (HCD)
....gha and ors, 5 DLR 142; Mst. Ghulam Ilahi Vs. Muhammad Waris Khan, 10 DLR (FC) 174; Abdul Gani Talukder alias Md. Abdul Gani Talukdar and others Vs. Rushan and others, 12 DLR 40; Kutijan Bibi Vs. Zulmat Khan and others 19 DLR 20; C.R. Vs. Corea Vs. M.I. Appuhamy and another, AIR 1914 (PC) 243; W.P. ......she is the daughter of Khadem through Khadem's second wife Korfulnessa and that defendant No.10 Khoaj Bibi alias Makhari is the daughter of Khadem through Khadem's 1st wife Soal Bibi. During the life time of Khadem he, on 28.2.1917 corresponding to 16th Falgoon, 1322 B.S., gifted by Heba-bil-Ewaj to...... the result the appeal is dismissed without costs. The Judgement and decree passed by the learned Subordinate Judge, Dhaka is affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 335....... the result the appeal is dismissed without costs. The Judgement and decree passed by the learned Subordinate Judge, Dhaka is affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 335...Category: Property Law | Date: | Hits: 135
Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Union, 1989, 18 CLC (HCD)
....er Vs. Registrar of Trade Union...................................Opposite Parties Judgment July 23, 1989. Result: The Rule is made absolute. Cases Referred to- Secretary of State Vs. Mask and Co., 44 C.W.N., 709; Wolverhampton New Water Works CompaÂny Vs. Hawkesford, 37 L.J......Trade Union, Ex-Officio Joint Director of Labour, Chittagong DiviÂsion for approval of their changed nomenclature and constitution on the basis of a resolution dated 10.11.1987 and 8.4.1988. At that time the KarnafulÂly Paper Mills Workers Union was the Collective Bargaining Agent (C.B.A.) of the ......ack to the learned SuborÂdinate Judge for decision on merit. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 329. ......ack to the learned SuborÂdinate Judge for decision on merit. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 329. ..Category: Labour and Industrial Law | Date: | Hits: 179
Marine Oil Broking Company Pte Ltd. Vs. MV Daizu Maru & others, 2002, 31 CLC (HCD)
.... is dismissed. Cases Referred to- The Silia" (1981) 2 Lloyd's Law Reports 535; Medway Drydock & Engineering Co. Ltd. Vs. mv Andrea Ursula (1973) 1 QB 265; David Morgan Vs. Steamship "Castlegate" (1893) AC 38, Owner Of "Arild" Vs. Societe Anonyme De Navigation Hovrani 1923 Lloyd's List Law ......cious) are the owners of the vessel, MV Daizu Maru, and he filed the certificate of registration dated 4th October, 1994, that they chartered the vessel to Trigonmar Group SA on 23rd July, 1996, on a time charter. He stated that they were not aware of the alleged supply of bunkers made by the plaint......ntee will be discharged and be returned to the concerned bank through the learned Advocate appearing on behalf of the defendant No.1. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 471. ......ntee will be discharged and be returned to the concerned bank through the learned Advocate appearing on behalf of the defendant No.1. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 471. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 394
Major (Retd.) M Asaduzzaman Vs. District Magistrate, Jessore and others, 1999, 28 CLC (HCD)
....this judgment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 471.......14. In the impugned order no reason whatsoever has been recorded. Thus there has been gross violation of section 18 of the Arms Act. Section 26 of the Arms Act provides that the Government may at any time order or cause to be seized any arms, ammunition or military stores in the possession of any pe......ith effect from its date of expiry (if not already renewed) within 2(two) months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 471....... Jessore and the petitioner and purported to cancel the gun licence No.S of 1978 and 0.22 bore Rifle licence No.4443/OS/1979. Further the respondent No.1 directed the petitioner to surrender the said arms at the Kotwali police station Jessore within 24 hours. The said impugned order was received by ..Category: Criminal Law | Date: | Hits: 132
Bazlur Rahman Howlader alias Jilu and 3 others Vs. State, 1998, 27 CLC (HCD)
....upreme Court High Court Division (Criminal) Present: Md. Hamidul Haque J Bazlur Rahman Howlader alias Jilu and 3 others….……………..Petitioners Vs. State, represented by the Deputy Commissioner...….....…….Opposite Party Judgment Jul......sed petitioners committed no offence under sections 326 or 325 of the Penal Code their conviction and sentence are liable to be modified. It appears that the case started in the year 1985 and by this time 13 years passed considering this position lenient view is taken as regards the sentence. ......entence and the trial Court shall take steps for realisation of fine from the petitioner Abdul Khaleque. Send down the LCR at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 457.......entence and the trial Court shall take steps for realisation of fine from the petitioner Abdul Khaleque. Send down the LCR at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 457...Category: Criminal Law | Date: | Hits: 109
Najabatullah Vs. Alokeshi Namasudra and others, 1998, 27 CLC (HCD)
....t shall dispose of the suit expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 454.......y if it has been so verified, examine the serving officer on oath, or cause him to be so examined by another Court, touching the service or non-service of the Summons. 10. (3) In lieu of or at the time of issuing such proclamation or at any time afterwards, the Court may in its discretion issue a......essary opinion of the finger print expert as to the disputed thumb impression, the trial Court shall dispose of the suit expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 454.......essary opinion of the finger print expert as to the disputed thumb impression, the trial Court shall dispose of the suit expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 454...Category: Procedural Law | Date: | Hits: 137
Anwar Hossain Vs. Momtaz Begum, 1999, 18 CLC (HCD)
....¦.............Petitioner Vs. Momtaz Begum…………….......Opposite Party Judgment June 16, 1999. Result: The Rule is made absolute. Lawyers Involved: MA Wahab Miah, Advocate — For the Petitioner. Goutom Kumar Roy, Advocate — For the Opposite Party. Civil Revi......e of the defendant and they lived together as husband and wife and the marriage was duly consummated. The defendant took a loan of Taka 12,000.00 from the father of the plaintiff. With the passage of time the defendant became more greedy and he started demanding dowry from the plaintiff which she wa......other of the plaintiff was an employee of the defendant and he fled away with an amount of Taka 35,000.00 from the shop of the defendant and when the defendant was going to arrange a ‘darbar’ for recovery of the said amount, the plaintiff brought this false suit which is liable to be dismissed. ......entioned Family suit are also set aside. Stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 444. ..Category: Family Law | Date: | Hits: 230
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