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Titas Gas Vs. Immense Washing Plant and others, 2001, 30 CLC (HCD)
....e, 2nd Court (In-Charge) at Dhaka in Miscellaneous Appeal No.147 of 2000 by which the defendants were directed to restore gas connection to the plant of the plaintiff by way of an ad-interim order of mandatory injunction. 2. Short facts for disposal of the Rule are that, on 5-4-2000 opposite part......ed. 15. Before passing the order, none of the Courts below felt the need to see the contract in deciding the applications either for prohibitory injunction or mandatory injunction or the statutory provisions of Order 39 rule of the Code. The appellate Court appears to have wrongly based its order..Category: Civil Law | Date: | Hits: 151
Milon @ Shahabuddin Ahmed Vs. State, 2001, 30 CLC (HCD)
.... Ahmed are hereby maintained. Send down the lower Court records along with a copy of this judgment to the Court concerned at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 464. ......er sections 302/149 and 307 of the Penal Code of which the accused persons pleaded not guilty and claimed to be tried. The appellant Milon and 4 other accused persons were tried in absentia under the provisions of section 339B(1) of the Code of Criminal Procedure as they failed to appear before the ..Category: Criminal Law | Date: | Hits: 35
Abdus Sukur (Md.) and others Vs. Bhasani Mandal and another, 2001, 30 CLC (HCD)
....gment and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452.......he instruments in question is void and his right has not been affected thereby and, or, the defendant acquired no right thereby, then the reliefs are covered by both sections 39 and 42. In such cases provisions of section 39 and 42 will overlap. 24. It appears that earlier decision was brought to..Category: Property Law | Date: | Hits: 75
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. ......has been treated as a resident in terms of the definition contained in clause 55 of section 2 of the Income Tax Ordinance, 1984 as he has been in Bangladesh for more than 181 days and in terms of the provisions of sections 17 and 18 of the Income-Tax Ordinance, 1984 the petitioners salary income acc..Category: Fiscal/Taxation Law | Date: | Hits: 98
Hamza Rubber Industries Vs. Golam Dastagir Gazi, 2001, 30 CLC (HCD)
.... is also discharged and order of ad-interim injunction granted at the time of issue of the Rule is also vacated. Communicate at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 430. ...... Bhuiyan submits in reply that seeing the advertisement, the suit was filed and injunction was prayed for. Remedies under section 15 of the Act cannot be supposed either to be alternative nor are the provisions of section 73 of the Act made subject to the section. 14. Section 15 of the Act has em..Category: Intellectual Property Law | Date: | Hits: 230
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. ......” 4. Mr. AFM Ferojuddin Bhuiyan, the Advocate appearing for the assessee petitioner, submits that the Jamuna Levy was imposed the interest income and dividend income of assessee by virtue of the provisions of section 3 of Ordinance No.53 of 1985 is none but a diversion income by overriding titl..Category: Fiscal/Taxation Law | Date: | Hits: 104
Sogra Begum Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....es not appear to us to be a fit case for granting a certificate as prayed for. Hence the prayer is rejected. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 420, 26 BLD (HCD) (2006) 301. ......on the decision reported in 51 DLR (AD) 253 and the decision reported in 167 ITR 471, decision of the Indian Supreme Court. The learned Advocate also submitted that the instant case is covered by the provisions of section 14 of the Limitation Act inasmuch as the application filed under section 173 o..Category: Fiscal/Taxation Law | Date: | Hits: 108
....ered in the negative, and against the Revenue.
Accordingly, the reference is answered in the negative. There will be no order as to costs.
Ed.
This case is also Reported in: 52 DLR (2000) 484.......t he has found the method of accounting employed by the company as correct and accepted the same. The learned Advocate further submits that in submitting the return the assessee has complied with the provisions of section 13A (1) & 13A (3) of the Income Tax Act, 1922 and, as such, there was no s..
Category: Fiscal/Taxation Law | Date: | Hits: 101
Abdul Mannan and another Vs. Bangladesh, 1999, 28 CLC (HCD)
....e to distribution of population save with a variation of not more than 10% and administrative convenience. He then refers to Annexures-A & H and submits that there has been clear violation of the mandatory provision of section 2 of the Ordinance, 1977 because of the variation of more than 10% as......o be elected from 3(three) Wards as a result there are 3 female candidates who would be elected from the newly created nine Wards. In issuing the Final Notification the respondents did not follow the provisions of section 21 of the Pourashava Ordinance, 1977. According to section 21(1) of Pourashava..Category: Election Law | Date: | Hits: 97
A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....ut any of such actions can only be taken by strictly following the procedure and fulfilling the requirements as laid down in the sections. The duty imposed upon RAJUK under the sections appears to be mandatory in nature. Reasons are obvious. In regulating orderly development of the Metropolitan City......as ex-facie bad in law. 10. The respondent 3 by his letter dated 21-09-99 informed the petitioners that the appellate authority decided to keep the height of the building at sixty feet only as per provisions of the ICAO (International Civil Aviation Organization), the Civil Aviation Rules, 1984 a..Category: Property Law | Date: | Hits: 125
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. ......arily be judicially arrived at and as such, be objective in its content. 19. The Supreme Court of Pakistan had to examine this question of subjective or objective satisfaction, in construing the provisions of Public Safety Ordinance, 1958 authorizing a police officer to "arrest any person whom ..Category: Constitutional Law | Date: | Hits: 291
.... 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.
......ding in a Court of civil jurisdiction is government by the Code of Civil Procedure (see its preamble). By virtue of section 117 of the Code, a civil proceeding in a High Court is also governed by the provisions of the Code other than the provisions which are specially excepted. A proceeding under Ar..
Category: Others | Date: | Hits: 119
Agrani Bank Vs. MA Kahhar, 2002, 31 CLC (HCD)
.... in view of above nothing would justify us to allow this appeal. We do, therefore dismiss this appeal without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 285. ......ns, the, points that emerged before us, requiring our resolution, were (I) whether the plaintiff/ appellant’s claim against the defendant/respondent had become barred by application of the relevant provisions of the Limitation Act, (II) whether the recoverability of the debt got animated by applic..Category: Banking Law | Date: | Hits: 215
Alam Kabiraj and others Vs. State, 2003, 32 CLC (HCD)
.... Sarder and Bashir Sarder @ Bashar accordingly, directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 273. ...... evident from column No. 2 of both Exhibit 8 and 9. He accordingly, submits that within 24 hours of arrest above two accused were not produced in court or before Magistrate having jurisdiction as per provisions of sections 61 and 167 Cr.P.C. and, as such, detention of both above two accused will be ..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.......2002 rejected the compromise petition because of the non-mention of the total number of installments under which the balance decretal amount was to be satisfied which, according to him, offended the provisions of section 48 of the Code of Civil Procedure and article 183 of schedule 1 of the Limitat..Category: Property Law | Date: | Hits: 91
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka-4) Vs. State, 2009, 38 CLC (AD)
....larged on bail to the satisfaction of the Chief Metropolitan Magistrate, Dhaka on furnishing bail bond for a period of (6) six months. Ed. This Case is also Reported in: VIII ADC (2011) 63. ......nal) Ordinance, 1960, the complaint, investigation, enquiry, filing of case or sanction cannot be tried under the Anti-Corruption Commission Act, 2004 as they do not come within the transitional provisions contained in Section 38 thereof inasmuch as the provision of Section 27(1) has been wrong..Category: Anti-Corruption Laws | Date: | Hits: 120
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. ......dant petitioner No.3 directing the plaintiff to remain present in his office on 21.4.1994 with the register, seal and other documents being illegal, beyond jurisdiction and contrary to the relevant provisions of law are not binding upon him. 4. The plaintiff filed the above suit on the averment..Category: Civil Law | Date: | Hits: 106
Md. Raisuddin Biswas and others Vs. Md. Mazed Ali, 2009, 38 CLC (AD)
.... be sustained and accordingly those are set aside. Both the appeals are allowed without any order as to costs. End. This Case is also Reported in: VIII ADC (2011) 1, 16 MLR (AD) (2011) 261. ......our of Beraful Nessa having contained the descriptions of the lands situated both in Gomostapur and Nawabganj, could be legally registered at Nawabganj Sub-registry Office in terms of the unamended provisions of section 28 of the Registration Act and accordingly the High Court Division erroneously..Category: Property Law | Date: | Hits: 109
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....of with the above observations and modifications. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 18, 31 BLD (AD)(2011) 34, 19 BLT (AD) (2011)104, 8 LG (2011) AD 90, VIII ADC (2011) 217. ......res of the Ain of 2009. Therefore, the petitioner challenged the legality of the Metro Special Case No.126 of 2010 in Writ Petition No.6286 of 2010 mainly on the ground that the proceedings under the provisions of the Ain of 2009 is barred under Articles 35(1) and 44 of the Constitution since the al..Category: Civil Law | Date: | Hits: 174
Razia Sultana Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....annot now exercise its powers under Article 8 of the Order. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 366. ...... under the said agreement, having been made and no step was taken by her in that respect the said agreement even if there was one, lost its force by efflux of time. Besides, she claims in view of the provisions of Article 4 of the Order all shares and other proprietary interest of the company vested..Category: Business or Commercial Law | Date: | Hits: 194
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