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Jiban Bima Corporation represented by its MD Vs. Md. Mohibul Majid and another, 1999, 28 CLC (HCD)

.... within 3 months from the date of receipt of the order. Communicate the order to the leaned Assistant Judge, 4th Court, Dhaka at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 186. ......evance and it cannot be executed. 5. The learned Senior Assistant Judge by his Order dated 10-8-89 dismissed the petitioner’s application under Order 21 rule 32(1) of the Code of Civil Procedure holding inter alia that since the plaintiff petitioner has already started an independent suit, bein..

Category: Procedural Law | Date: | Hits: 79

Idris alias Jamai Idris Vs. State, 2000, 29 CLC (HCD)

....n also cannot be a ground for quashing the proceedings against the present petitioner. The application is, thus, summarily rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 184.......at in the instant case, further investigation was held on the order of Police Commissioner, Khulna Metropolitan Police. According to him, such Police officer had no authority to issue a direction for holding further investigation in a case. So, according to him, the proceedings against the present p..

Category: Procedural Law | Date: | Hits: 65

Joynal Bhuiyan & another Vs. State, 2000, 29 CLC (HCD)

..... The fact and evidence of the case show that Joynab Banu was found dead in the hut of her husband, the accused appellant No.1 Joynal Bhuiyan, where she slept with him in the night. This has not been disputed by the defence, rather has been supported by the information of the un-natural death case g......er, Tangail are hereby directed to take necessary steps to apprehend allellant No. 2 Sultan Bhuiyan Send down the records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 179. ..

Category: Criminal Law | Date: | Hits: 28

Shebait Mohanta Sree Kedar Nath Achari Vs. Sree Khitish Chandra Bhattacharya and another, 1999, 28 CLC (HCD)

.... the same. 5. Upazilla Nirbahi Officer Gomostapur issued an order under section 144 of the Code of Criminal Procedure on 21-3-91 as there was apprehension of breach of peace over the possession of disputed Akhra and its properties between the second party petitioner Shebait Mohanta Sree Kedar Nat...... this order. Communicate the order to the Courts below. The application for vacating the order of stay is disposed of accordingly. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 176. ..

Category: Criminal Law | Date: | Hits: 32

Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)

....oration in Reference Application Nos. 27/92, 28/92, 29/92, 30/92, 31/92, 32/92, 34/92, 35/92 and 36/92. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 202.......ations where the Bangladesh Food and Allied Industries Corporation is the petitioner, the following questions have been formulated for our opinion: (1) Whether the Tribunal was justified in law in holding the status of the petitioner as a company instead of a local authority; (2) Whether the T..

Category: Fiscal/Taxation Law | Date: | Hits: 94

Muslim (Md) Vs. Abdul Motaleb and others, 2001, 30 CLC (HCD)

....terest and possession the suit land. But the appellate Court wrongly held that Jamina Khatoon sold the suit land long before by Exhibit A kabala dated 21-4-1969 though the kabala does not contain the disputed plot No.70 of mouza Padhua and such assertion was not made in written statement and in spit......ame of the suit and the evidences on record which is an error in the decision occasioning failure of justice. 9. Learned Advocate further submits that the appellate Court committed error of law in holding that the vendor of the plaintiff Jamina Khatun having sold out her portion of the ancestral ..

Category: Property Law | Date: | Hits: 33

Hossain Vs. Customs, Excise and VAT Appellate Tribunal and others, 2001, 30 CLC (HCD)

.... appellant and further requested the appellant to return the goods with promise to refund the price of the goods, if the appellant re-exports the goods, but the material facts which are not otherwise disputed were not at all considered by the Tribunal in penalising the appellant. His further content......racted finishing agent according to the letter of credit or to have the country’s hard-earned foreign currency refunded to the appellant. Ed. This Case is also Reported in: 54 DLR (2002) 193. ..

Category: Fiscal/Taxation Law | Date: | Hits: 70

Md. Talebuddin (Taleb) Vs. State, 2009, 38 CLC (AD)

.... the death reference and dismissed the appeals and there is no cogent reason to call for any interference. The jail petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 454. ......moreover the pillets and the gun was not examined to prove that shot was fired from the seized gun. 5. As it appears the High Court Division accepted death reference and dismissed criminal appeals holding that the evidence on record show that the prosecution case as made out by the informant, P.W..

Category: Criminal Law | Date: | Hits: 33

Mahmudul Huq Vs. Mostafa Kamal and others, 2010, 39 CLC (AD)

....ter public interest must prevail upon individual interests. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 431.......d as such the High Court Division committed an error of law in making the Rule absolute. 8. The learned Counsel lastly submitted that the High Court Division committed an error of law and facts in holding that the doctrine of legitimate expectation applies in the instant case. 9. The learned C..

Category: Others | Date: | Hits: 81

Ezahar Sepai Vs. The State, 1987, 16 CLC (HCD)

....e result, the appeal is dismissed. The appellant is directed to surrender to the bail bond to serve out the remainder of the sentence. Ed. This Case is also Reported in: 40 DLR (1988) 177. ......1976 accused Ezahar Sepai reaped away paddy from a portion of land belonging to the informant, and he went to Bhandaria 17.11.76 to inform Dewar Bepari and Abdul Karim Howlader about the incident for holding a salish; that while he was returning home from Bhandaria he found accused Ezahar on the Gov..

Category: Criminal Law | Date: | Hits: 93

Asgar Ali & others Vs. Additional Deputy Commis­sioner, Khulna & others, 1987, 16 CLC (HCD)

....'s Indian property and Shamsu Ghani obtained a compromise decree thereafter from the civ­il court and his name has been mutated in the S.A. record of right on the basis of the said decree. It is not disputed that the said Shamsu Ghani is succeeded by his two sons, plaintiffs Nos. 1 and 2, and widow......issed the suit on a finding that Martial Law Regulation No. VII of 1977 bars all Court's jurisdic­tion to entertain any dispute as to declaration of prop­erty as an abandoned property. The Court in holding so had cited Halima Khatun's case reported in 30 DLR (AD) 20. 5. On appeal the learned Ad..

Category: Property Law | Date: | Hits: 36

SM Nasirul Haque Vs. Omar Faruque Chowdhury and others, 2001, 30 CLC (HCD)

.... the preemptor as they appear to be the sisters of the preemptor. 9. On the aforesaid pleadings, five issues were raised of which the moot issue was whether the preemptor is a co-sharer in the disputed jote. 10. One witness each was examined on behalf of the preemptor and opposite part......that said Khatian No.2 consisted of 5 plots of which CS plot No.139 comprised of 3.49 acre of land. Owners of other plots got settlements from the Bhowal Raj Court of Wards Estate by opening separate holdings. The CS plot No.139 was joint and still remained joint and other owners of other four plots..

Category: Property Law | Date: | Hits: 39

Sufia Islam Shila and another Vs. Shakhawat Hossain and others, 2001, 30 CLC (HCD)

....g others, that learned Assistant Judge, Dhaka committed an error of law resulting in an error in the decision occasioning failure of justice that the claim of the plaintiffs in the plaint is that the disputed place is a part and parcel of CS plot No.657 but the Advocate Commissioner quite wrongly re...... more than 12 years and transferred the same to Abdul Hashem on 21-5-69 by a registered sale deed. 4. It Is stated in the plaint that the landed property of the plaintiffs appertains to Municipal holding No. 33, Justice Lal Mohan Das Lane which appertains to CS Plot No. 657 and the land of defen..

Category: Property Law | Date: | Hits: 28

Micro Industries Development Assistance Society (MIDAS) Vs. Commissioner of Taxes, 2001, 30 CLC (HCD)

....mulated in both the reference applications are answered in the negative and in favour of the assessee. There will be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 168....... interpreted section 4(3)(I) of the Income Tax,1922 and legally upheld the assessment in question. (ii) Whether in the facts and circumstances of the case the Tribunal was legally justified in holding that the first proviso appended to section 4(3)(i) of the Income Tax Act, 1922 is applicable..

Category: Fiscal/Taxation Law | Date: | Hits: 65

Rajdhani Unnayan Kartripakkha (RAJUK) Vs. MN Alam and Associates Ltd. and another, 2001, 30 CLC (HCD)

.... and order of the trial Court are affirmed. We direct that the parties will bear their own costs. Send down the LCR, if any, immediately. Ed. This Case is also Reported in: 54 DLR (2002) 161.......ts and lastly, submitted written objection on 28-3-2000. Upon hearing the parties, the Subordinate Judge was pleased to pass the impugned Order No.14 dated 7-5-2000 and rejected the written objection holding that the same is barred by Article 158 of the Limitation Act and for not depositing security..

Category: Alternative Dispute Resolution | Date: | Hits: 196

Barrister Ziaur Rahman Khan Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)

....l call such meetings to meet the contingencies and the meetings thus called will take decisions as per clause (4) of Annexure ‘C’. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 164. ......hat the respondent No.1, the Government of Bangladesh, represented by the Secretary, Ministry of Disaster Management and Relief, has framed binding Rules of procedure for the purpose of convening and holding meetings of the Thana Parishad co-ordination committee for all development works, including ..

Category: Administrative Law | Date: | Hits: 462

Ahsan Karim Jinnah Vs. Meghna Insurance Company Limited & others, 1999, 28 CLC (HCD)

....oresaid shares to and receive any consideration from the respondents Nos. 2-7 for such transfer. 10. With regard to the question whether the Company acted in accordance with law in registering the disputed transfer, it is necessary to examine the provisions of Section 38(3) of the Companies Act. ......17 (seventeen) sponsor share-holders. The petitioner is the representative director of one of the said sponsor-shareholders, City Capital Market Service Ltd., on the Board of Directors of the Company holding 10,000 qualifying shares. The petitioner is also the Vice-Chairman and respondent No.8 is th..

Category: Company Law | Date: | Hits: 203

Nazim Habibuzzaman Vs. World Bank & others, 2001, 30 CLC (HCD)

....ble to be rejected in limine. In the result, the appeal is dismissed but without any order at to cost. Send down the records forthwith. Ed. This Case is also Reported in: 54 DLR (2002) 159.......97. On that date it was taken up for hearing on maintainability of the suit. The learned Subordinate Judge, after hearing the learned Advocate appearing on behalf of the plaintiff, dismissed the suit holding that since there was no cause of action for the suit, the suit was not maintainable. 4. W..

Category: Others | Date: | Hits: 79

Modern Cold Storage Ltd. Vs. Secretary, Ministry of Energy & Mineral Resource and others, 2006, 35 CLC (HCD)

....and are of no legal effect. The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 690....... could not convince them as to how the Tariff Rule was made applicable to those bills. The Task Force further stated in the said report that the demeanour of the petitioner for its non-cooperation in holding the inquiry and refusal to put signature in the relevant papers may give rise to concoction ..

Category: Others | Date: | Hits: 131

State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)

....ha, Khaja and Sohrab fired on the deceased. He along with PWs 2, 6 and 8 took the deceased to Dhaka Medical College Hospital by a microbus. These are the evidence adduced by the prosecution. 42. Undisputedly, on 26-8-2000 at 3-30 PM Rasel Bhuiyan was shot in his park named Rasel Park at Rupganj a......d: "The law in this regard by now is settled, that whatever information, oral or written, made after commencement of investigation, in the instant case investigation commenced with the starting of holding of inquest of the dead body of the driver in the earliest hour of the dawn of 4th March, 198..

Category: Criminal Law | Date: | Hits: 40