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Titas Gas Vs. Immense Washing Plant and others, 2001, 30 CLC (HCD)
....e gas line is restored in no lime. 10. I have perused the revision application, orders of the Courts below and also the affidavit-in-opposition. I have heard the learned Senior Counsels. It is not disputed that the plaintiff stopped payment of the gas bills since August, 1999. Outstanding bills a......es of the Ministry of Law, Justice and Parliamentary Affairs, the Ministry of Power and Energy and the Chairman of the Law Commission. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 471. ..Category: Civil Law | Date: | Hits: 151
State Vs. Md. Shamim alias Shamim Sikder and others, 2000, 29 CLC (HCD)
....he learned Advocates submit that this goes to suggest that the occurrence might have taken place elsewhere and in a different manner. 11. The date, time and place of occurrence are not practically disputed. 12. In the light of the submissions made by the learned Advocates for the parties let u...... by the electric light. In his cross-examination he stated that nobody excepting his mother was present when P.W.s 4 and 8 informed him regarding the occurrence. He further stated that at the time of holding inquest only one injury at the back of the deceased was found. He further stated that on the..Category: Criminal Law | Date: | Hits: 50
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. ......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 Gurvinder Singh, a citizen of India, holding an American Green Card and a person permanently settled in the USA for the last fifteen year..Category: Fiscal/Taxation Law | Date: | Hits: 98
.... a two-storied building thereon. The said owner, 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 ...... Mohammad Abbas filed an appeal, being Title Appeal No. 399 of 1994. During pendency of the aforesaid two appeals, the Court of Settlement by the judgment and order dated 7-8-1995 dismissed the case, holding that the property had rightly been enlisted as abandoned property.
3. Respondent No.2 fil..
Category: Property Law | Date: | Hits: 103
Progoti General Insurance Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....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. ......was assessed on an estimate income of Taka 1,98,18,176.00 against the income return of Taka 1,65,75,17.00. While computing the income the DCT disallowed the 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..Category: Fiscal/Taxation Law | Date: | Hits: 104
Mainuddin Chowdhury & others Vs. State and another, 2001, 30 CLC (HCD)
....itioners No.4 be enlarged on bail to the satisfaction of the Deputy Commissioner, Chittagong, if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 416. ......t after taking bail the petitioners have been threatening the informant opposite party No.2 and other witnesses of the case to withdraw the case or to face dire consequences and dragged the informant holding the collar of his shirt while he came to Court to take steps in the case and that the petiti..Category: Criminal Law | Date: | Hits: 43
Abdul Mannan and another Vs. Bangladesh, 1999, 28 CLC (HCD)
....9 of 1998 the respondents contested the Rule by filing affidavit- in-opposition denying the statements made in the writ petition and stating that the writ petition is not maintainable since it raises disputed question of fact. The writ petition has been filed with mala fide intention to hold up the ...... Petition No.2259 of 1998 are discharged without any order as to costs. The order of stay granted earlier in both Rules are hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 471. ..Category: Election Law | Date: | Hits: 97
A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....herein order of the RAJUK for demolition was struck down on the ground that: “no order of demolition can be passed under sub-section 5 of section 3B of the Act unless a finding is given that the disputed construction answers the description contained in clause a or b or c of sub-section 5.” ......eceived by the petitioners. But no record was produced to prove that the petitioners were ever housed at 28, Purana Paltan. So, when the mail was not properly addressed, there is hardly any scope for holding any valid presumption of good service. Section 27 of the General Clauses Act may be referred..Category: Property Law | Date: | Hits: 125
Osena Begum alias Babuler Ma and another Vs. State, 2003, 32 CLC (HCD)
....r case. Let a copy of this judgment be sent to the learned Additional Sessions Judge for his guidance. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 299. ......ocal dialect. 11. PW 5 Dr. Kazi Abdul Khaleque testified that he was posted as residential Surgeon in the Brahmanbaria Sadar Hospital. The Civil Surgeon formed a 'Three Members Medical Board' for holding postmortem over the dead body of deceased Hazera Begum and he was one of the members. They f..Category: Criminal Law | Date: | Hits: 49
Mrs. Aruna Sen Vs. Govt. of the People's Republic of Bangladesh and others, 1974, 3 CLC (HCD)
....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. ......nstruction which jeopardizes the precious right of personal liberty of a citizen, during peace time, on the mere ipse dixit of a police officer. I am therefore in agreement with the High Court in holding that in the present case it lay on the arresting officer to justify the arrest by revealing ..Category: Constitutional Law | Date: | Hits: 291
Zafela Begum and others Vs. Atikulla and others, 2011, 40 CLC (AD)
....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. ......d the plaintiff’s claim of setting aside the sale. The High Court Division has totally ignored these admitted facts. In view of the above, we find that the learned Subordinate Judge is justified in holding that the auction sale was set aside and Banesa, daughter of Syed Ali gifted .32¾ acre of la..Category: Property Law | Date: | Hits: 127
.... of the review petitioners the same is set aside on review.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (2003) 289.
......titioners that the writ Court while considering Articles 75 and 76 of the Constitution and Rules 246 and 248 of the Rules of Parliament committed an error of law apparent on the face of the record in holding that the sub‑committee had no competence to enquire into the dispute between the two rival..
Category: Others | Date: | Hits: 119
Agrani Bank Vs. MA Kahhar, 2002, 31 CLC (HCD)
....ther the recoverability of the debt got animated by application of section 19 of the Limitation Act, (III) whether section 25(3) of the Contract Act salvaged the plaintiff/appellant's claim. 10. Undisputed facts as they transpire from the plaintiff/appellant's pleadings, evidence adduced by the s...... speaks of a “promise," it necessarily connotes an accepted offer, not a strayed promise. Since the offer formed part of the written statement in the present case we encounter no stumbling block in holding that the offer was a written one and that the same was espoused by the defendant/appellant's..Category: Banking Law | Date: | Hits: 215
Amirul Islam (Md.) and others Vs. Thana Nirbahi Officer and others, 2000, 29 CLC (HCD)
.... May 1998 without any notice. The names of petitioners No.5, 8, 9 and 11 were not included in the Monthly Pay Order for the months of February 99, September 99 and January 2000. 13. It is also not disputed that no departmental/disciplinary proceeding was ever initiated against any of the petition......his order within four weeks from the date of receipt of a copy of this order. The office is directed to communicate this order at once. Ed. This Case is also Reported in: 52 DLR (2000) 388. ..Category: Employment/Service Law | Date: | Hits: 84
Kazi Md. Ruhul Amin Vs. Abdur Rahman Chowdhury and another, 2009, 38 CLC (AD)
.... we find no substance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 53.......n of complaint on 12.06.2006 before the Magistrate, Cognizance Court No.4, Noakhali on the same allegations. The Magistrate directed the Assistant Commissioner and Executive Magistrate, Noakhali for holding inquiry into the matter and accordingly the inquiry officer held inquiry and submitted a r..Category: Criminal Law | Date: | Hits: 44
Managing Director, Dhaka WASA Vs. Meer Awlad Hossain and others, 2010, 39 CLC (AD)
....r. It is further contended that the High Court Division erred in law in failing to consider that the petitioner failed to show violation of his legal right and since the writ petition is based on disputed facts the same is not legally maintainable. It is further contended that the High Court D......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...Category: Employment/Service Law | Date: | Hits: 87
District Registrar, Manikgonj Vs. Md. Shariful Islam and others, 2009, 38 CLC (AD)
.... of paper book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till hearing of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 26. ......ellate Court dismissed the appeal. The plaintiff then move the High Court Division and obtained Rule in Civil Revision No.2176 of 1997 and after hearing the High Court Division made the Rule absolute holding that the plaintiff passed his Kamel Daowai Hadis Examination from Jamialul Korania Arabia, M..Category: Civil Law | Date: | Hits: 106
Deputy Commissioner and another Vs. Md. Abu Taher and another, 2010, 39 CLC (AD)
....itioner who is the original resident of village-Serpur under Police Station Bongaon, District-24 Porgona, India migrated to the then East Pakistan, exchanged his property situated in India with the disputed property in question. The deed was duly executed in the year 1964 and the same was duly aut......udgment and other materials on record. Learned Deputy Attorney General has taken us to the impugned judgment and argued that the High Court Division erred in law in making the rule absolute despite holding that the government has power to acquire the disputed property for public purpose at any poi..Category: Property Law | Date: | Hits: 81
Md. Abdul Barik and another Vs. Most. Serajan Nessa and another, 2010, 39 CLC (AD)
.... namely Serajunnessa and Noorjahan Begum. Abdul Latif is the father of the defendant and the plaintiffs are the aunt of the defendants. The plaintiffs transferred 0.29½ acre of land along with a disputed land to defendant Nos.1 and 2 against proper consideration money on 28.10.1986 and delive......dence that নালিশী কবলা ভুক্ত জমি জমা ভাইয়ের পুত্র গন আবাদ করে” and that the High Court Division erred in law in not holding that without seeking consequential relief. The simple suit for declaration that the deed in ..Category: Property Law | Date: | Hits: 84
Commissioner of Customs and others Vs. Ruhul Amin Bachuchu and others, 2009, 38 CLC (AD)
....of paper book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till hearing of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 14. ......2004 praying for similar reliefs on the averments which are more or less similar. 5. The High Court Division, after hearing, except in Writ Petition No. 1499 of 2004, made all other Rules absolute holding that under SRO No. 206 dated 17.9.98 customs duty, VAT, IDSO and AIT on the import of power ..Category: Fiscal/Taxation Law | Date: | Hits: 92
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