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Monowara Begum Vs. Government of Bangladesh others, 2013, 42 CLC (HCD)
....granted earlier by this court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 476. ......ee passed in Title Suit No. 351 of 1975 is illegal, void and for further declaration that the vested property proceeding in respect of the suit land is legal and lawful. 3. The further case of the plaintiffs, in short, are that the recorded tenant of the suit land left for India and i......, Nalchity, Jhalakati for declaration that the decree passed in Title Suit No. 351 of 1975 is illegal, void and for further declaration that the vested property proceeding in respect of the suit land is legal and lawful. 3. The further case of the plaintiffs, in short, are that the re..Category: Civil Law, Property Law | Date: 16 Jun, 2013 | Hits: 2
Moulana Development Co. Limited Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)
....t relates to the previous assessment years other than the current assessment years. However, there shall be no order as to costs. Mohammad Ullah J. - I agree. This Case is also Reported in: ......uthority from invoking its power available under the provision of section 117A of the Income Tax Ordinance 1984, nor there is any bar to initiate proceeding under the provision of section 117A in the case of concluded assessment relating to the assessment year 2009-2010 and 2010-2011. 5. This cou......etition that the assessee-writ-petitioner is a private limited company, incorporated under the Companies Act 1994 and engaged in Real Estate business and as such it drives income from the business of land development and from construction of apartments. The assessee-writ-petitioner company is an inc..Category: Fiscal/Taxation Law | Date: 12 Jun, 2013 | Hits: 86
Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)
....t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58. ...... down at the time of trial. Exercise of jurisdiction under inherent power as envisaged under section 561A of the Code to have the criminal procedure quashed is an exception rather than a rule and the case for quashment must be treated as rarest of rare cases so that it can't scuttle or burry a p......t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58. ..Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10
Sahab Uddin (Md.) Vs. State and another, 2013, 42 CLC (HCD)
....ce during the trial. In view of the above, we find no merits in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 86. ...... crossed cheque "account payee" or cheque of other kind such as bearer cheque we ordinarily mean. Thus, we find that section 123A of the Act, in no way, creates any bar in proceeding with a case under section 138 of the Act, 1881. In other words, there is no nexus of section 123A with the ......ce during the trial. In view of the above, we find no merits in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 86. ..Category: Civil Law | Date: 11 Jun, 2013 | Hits: 14
Grameen Telecom Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ......not being successful the Assessee-applicant filed second appeal before the Taxes Appellate Tribunal, being Income Tax Appeal No. 2222 of 2003-2004, which having been disposed off by the tribunal, the case of the Assessee-applicant was remanded back to the DCT concern with certain direction. Thereupo......o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 5 Jun, 2013 | Hits: 86
A.B.M. Liton Vs. Bangladesh & Others, 2013, 42 CLC (HCD)
....the refusal of bail are set-aside in so far as the petitioner is concerned. Communicate this order. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 207 ......was decreed ex-parte by the judgment and decree dated 5-11-2012. Respondent No. 3 Bank then filed Artha Jari Case No. 86 of 2012 for execution of the said decree. After service of notice of execution case through newspapers, the decree holder-Bank filed an application before the Adalat under section......the refusal of bail are set-aside in so far as the petitioner is concerned. Communicate this order. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 207 ..Category: Banking Law | Date: 3 Jun, 2013 | Hits: 5
Bimol Rosario Vs. Barbara Rosario and others, 2013, 42 CLC (HCD)
....w are hereby maintained. Let a copy of this judgment along with the lower Court s record be sent down at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 122. ...... not binding upon the Court. The Court itself can compare any signature or LTI of any concerned person under section 73 of the Evidence Act and come to a decision in accordance with law. In this case the trial Court as well as the Court of appeal below considered the entire evidence on record a......sidered the entire evidence on record and came to a concurrent finding that in the facts and circumstances of the case there was no reason on the part of the plaintiff-opposite party to gift the suit land to her nephews depriving her minor child…………(21 & 22) ..Category: Civil Law, Evidence Law | Date: 22 May, 2013 | Hits: 3
Nazrul Islam (Md.) & others Vs. Mahfuzur Rahman and others, 2013, 42 CLC (HCD)
....order along with the lower Court s record be sent down to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 126. ......d the same. Hence the plaintiffs have been constrained to file the suit. 8. The defendant Nos. 2, 6 and 7 filing a joint written statement denied the material allegations of the plaint. The case of the defendants, in short, is that 71.92 acres of land appertaining CS to khatian No.46 origi........Plaintiff-Opposite Parties Judgment May 21, 2013. Result: The Rule Is Made Absolute. Eviction of Defendants- In a suit for eviction of the defendants from a particular land it is always important for the plaintiffs to disclose as to from when the defendants were induc..Category: Property Law | Date: 21 May, 2013 | Hits: 6
Moon Construction Company Limited Vs. Government of Bangladesh & others, 2013, 42 CLC (HCD)
....ent. Office is directed to communicate the copy of this judgment forthwith. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 193 ......And Procedure- A person may be destructively treated not only by action, but also by inaction and inaction may contravene the Article, when it is arbitrary and unreasonable. In the instant case, the aforesaid expectation and/or prepared admitted bill of the petitioner cannot be termed or ......ent. Office is directed to communicate the copy of this judgment forthwith. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 193 ..Category: Constitutional Law | Date: 16 May, 2013 | Hits: 4
ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)
....charged without any orders as to costs.' Communicate the judgment to the court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9. ......echanism and procedure of its own, thereby, by necessary construction making it an impossibility to further invoke the section 19 provisions on ex-parte hearing and disposal. In the present case, the court having assumed jurisdiction to proceed with the case ex-parte under section 10(1) of......charged without any orders as to costs.' Communicate the judgment to the court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9. ..Category: Corporate Law, Others | Date: 15 May, 2013 | Hits: 8
....made on proper appreciation of law and facts do not call for interference.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 19 BLC (AD) (2013) 1.
......gra dismissing the appeal and affirming the order dated 15-12-2010 passed by respondent No.3, Upazilla Nirbahi Officer and Returning Officer rejecting the nomination paper of the writ-petitioner. His case, in short, is that on 13-12-2010, the writ-petitioner submitted his nomination paper before the......made on proper appreciation of law and facts do not call for interference.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 19 BLC (AD) (2013) 1.
..
Category: Election Law | Date: 7 May, 2013 | Hits: 6
....cordingly disposed
of.
The matter is remanded to the High court
Division for a fresh hearing.
Ed.
This Case is also Reported in: 65 DLR (AD) (2013)
300; 18 MLR (AD) (2013)153. ......hammad
Ibrahim and others..........Respondents
Judgment
May 6, 2013.
Result:
The leave petition is disposed of.
Can the High Court Division finally adjudicate any case without
giving chance to adduce evidence when there is a charge of submitting false papers
......cordingly disposed
of.
The matter is remanded to the High court
Division for a fresh hearing.
Ed.
This Case is also Reported in: 65 DLR (AD) (2013)
300; 18 MLR (AD) (2013)153. ..
Category: Procedural Law | Date: 6 May, 2013 | Hits: 15
Moklesuddin Ahmed and another Vs. Rezia Khatun and others, 2013, 42 CLC (HCD)
.... number. The office is directed to do the needful accordingly. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 209. ......yed for re-admission of the instant appeal. In support of his contention Mr. Guha referred various precedent specially AIR 1965 (Madhya Pradesh) 21, wherein their Lordships after discussing many cases came to a conclusion that the Court is not powerless to give the substantive justice. The fact...... number. The office is directed to do the needful accordingly. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 209. ..Category: Constitutional Law | Date: 5 May, 2013 | Hits: 4
Hasan Chowdhury (Md.) Vs. Bangladesh Bank and others, 2013, 42 CLC (HCD)
....nd also to communicate the compliance of our direction to the Registrar of the Supreme Court without any fail. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 533. ......ns itself. Mainly a direction has been sought upon the respondent No. 1-5 who are the different wings of respondent No. 1 Bangladesh Bank in both the petitions. 4. In a nutshell in both the cases complications have arisen due to non-payment of documentary bill under a local lette......ule Nisi was issued calling upon the respondents to show cause as to why the inaction of the respondents Nos. 1-5 as regulatory authority in respect of non-payment of the documentary bill under the Inland L/C No. 1810-12-99-0027 dated 25-4-2012 (Annexure -A) issued by the respondent No. 6 Manager, S..Category: Banking Law | Date: 2 May, 2013 | Hits: 3
Sheikh Shahadat Hossain (Md.) Vs. National Board of Revenue, and others, 2013, 42 CLC (HCD)
....vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522 ...... whereupon the Tribunal, after hearing the parties, dismissed the same upon affirming the decision of the Review Committee vide impugned order dated 12-3-2008 as communicated vide Nothi No. CEVT/case (Cus)-613/ 2007/205(1-5) dated 17-3-2008. Being aggrieved by this order of the Tribunal, the ap......vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522 ..Category: Fiscal/Taxation Law | Date: 25 Apr, 2013 | Hits: 2
JIT Knit Composite Ltd Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....in stayed. With this observation and direction the Rule is made absolute. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 480. ......extension of Moratorium period for one year from the date of Gas connection along with waiver of all interest as per guidelines of the respondent No.2 the Bangladesh Bank. 2. Since the execution case has been filed by the bank at the time of issuing Rule no ad-interim order was passed by the th......in stayed. With this observation and direction the Rule is made absolute. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 480. ..Category: Banking Law, Company Law | Date: 25 Apr, 2013 | Hits: 11
....the Commissioner of Customs, Chittagong is set aside.
Communicate the judgment and send down the records.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
......the Commissioner of Customs, Chittagong is set aside.
Communicate the judgment and send down the records.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
......the Commissioner of Customs, Chittagong is set aside.
Communicate the judgment and send down the records.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
..
Category: Fiscal/Taxation Law | Date: 24 Apr, 2013 | Hits: 186
Abdul Mukid (Md.) Vs.. Artha Rin Adalat Khulna and another, 2013, 42 CLC (HCD)
....d or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 211. ......ed Advocate for the petitioner centres his arguments mainly on the contention that the Artha Rin Adalat constituted under Artha Rin Adalat Ain did not have jurisdiction to entertain the miscellaneous case filed by respondent No.2 under Article 27 of President Order No.7 of 1973. He submits that Arth......d or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 211. ..Category: Corporate Law | Date: 21 Apr, 2013 | Hits: 4
....ng of Miscellaneous Case No. 28 of 2011 before the Joint District Judge if he is so advised.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 117
......Execution Case No. 2 of 2012 was stayed by the learned Joint District Judge in consideration of pendency of Miscellaneous Case No. 28 of 2011 initiated in connection with the self same execution case under Order XXI, rule 58 of the Code of Civil Procedure, at the instance of the 3rd party.
......y was attached. During pendency of the said execution case the opposite-party No. 1 filed application under Order XXI, rule 58 of the Code of Civil Procedure claiming itself to be a donee of the land in question, since according to him the land in question was gifted in favour of the deity, and..
Category: Civil Law, Procedural Law | Date: 18 Apr, 2013 | Hits: 2
Tajul Islam and others Vs. Billal Hossain and another, 2013, 42 CLC (AD)
....e appellants shall appear before the Sessions Judge, Chandpur and till then the bail granted by this court will continue. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 165. ......learned Assistant Sessions Judge, Chandpur in Criminal Appeal No.37 of 1986 dismissing the appeal and affirming the order of conviction and sentence passed by the learned Magistrate, Chandpur in CR case No.37 of 1986 convicting the appellants under section 147 of the Penal Code and sentencing ea......e appellants shall appear before the Sessions Judge, Chandpur and till then the bail granted by this court will continue. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 165. ..Category: Procedural Law | Date: 16 Apr, 2013 | Hits: 8
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