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Commissioner of Taxes, Chittagong Zone Vs. M/S. M. Ismail and Sons, 1982, 11 CLC (AD)
....alue of Tk. 21,49,843/-. Which was not shown in its return, appeared and submitted its inability to produce the Books of AccÂounts and other documents as those could not be traced out due to laps of time. 3. The Income Tax Officer then assessed tax summarily under section 23(4) of the Income Ta......rectly interpreted the expression 'person.' Accordingly, Civil Appeal No. 115 of 1981 is dismissed, without any order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 165. ..Category: Fiscal/Taxation Law | Date: | Hits: 104
Abdur Rashid and another Vs. Abdul Barik and another, 1983, 12 CLC (AD)
....ting aside the aforesaid ex parte decree stating, inter alia, that summons of the suit were not served upon them and those were suppressed and that they learnt about the ex parte decree for the first time on 21-4-74 when the plaintiff-respondents went to take possession of the suit lands through Cou......or the aforesaid reasons, the order of the learned Judge of the High Court DiviÂsion is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 162...Category: Property Law | Date: | Hits: 67
Shafiqur Rahman and others Vs. Nurul Islam ChowÂdhury and others, 1982, 11 CLC (AD)
....ession of the proceeding land. Treating the written statement as an application under sub-section (5) of section 145 of the Code the learned Magistrate fixed a date of hearing of the case. In the meantime the Police Officer of Chakaria Police Station submitted a report stating that there was no appr......cessary to make any further observation in this regard. Order of the Court. By the majority judgments, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 127. ..Category: Others | Date: | Hits: 135
Abu Saber Aziz Mohammad and others Vs. Government of Bangladesh and others, 1976, 5 CLC (AD)
....vernÂment haying subsequently acquired title to the said lands, the law of estoppel would apply and that the Government would be estopped from asserting that it had no title to the said lands at the time when the settleÂment was granted. The learned Judges, of the High Court Division negatived the......manded to the trial Court for disposal in the light of the observaÂtion made above. There will be no order as to costs in this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218...Category: Property Law | Date: | Hits: 75
Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)
....e 468 of the Report: “Their Lordships, however, desire it to be understood that they do not hold that the property absorbed by a Sea or a River is, under all circumstances and after any lapse of time, to be recoverd by the owner. It may well be that it may have been so completely abandoned as t......urt fees payable on the Memorandum of Appeal so treated within six months from the date of the arrival of the records in the High Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195...Category: Property Law | Date: | Hits: 133
Md. Akram Ali Pk. and others Vs. Md. Yasin Ali and others, 2012, 41 CLC (AD)
....hange in the nature and character of the suit. For example, as in the present case, a simple suit for declaration of title to the suit land was converted following an alleged dispossession in the meantime, into a suit for recovery of possession by amendment. Can it be said that by adding a new praye......wing amendment is restored. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 135; 17 MLR (AD) (2012) 242. ..Category: Procedural Law | Date: | Hits: 100
M Fransis P Rojario alias Babu Vs. State, 2009, 38 CLC (HCD)
...., now pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed and/or pass such other order or further order or orders as to this Court may seem fit and proper. 2. At the time of issuance of the Rule, all further proceedings of the case were stayed for a limited period, ......ccused petitioners is hereby quashed. Communicate a copy of this Judgment to the Court concerned where the case is now pending at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 355...Category: Criminal Law | Date: | Hits: 86
Salahuddin Ahmed Vs. State, 2009, 38 CLC (HCD)
....ed Advocate has relief upon the case of Abdul Huque Vs. State reported in 60 DLR (AD) 1. He submits that the accused-petitioner shall get sufficient opportunity to place his grievance, if any, at the time of taking cognizance as well as framing of charge, when it would be possible to examine investi......t of this Judgment by the lower Court, and pray for regular bail. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 351...Category: Criminal Law | Date: | Hits: 61
Jahangir Alam Chowdhury (Md.) Vs. Zabun Nahar Chowdhurani and other, 2008, 37 CLC (HCD)
....d qualified himself and also subsequently passed FCPS in eye. As an eye specialist he earned good reputation at home and abroad. He went to Saudi Arabia through Government and served there for a long time with the satisfaction of the authority by high paid salary. He did not acquire any foreign decr......is Court at the time of issuance of the Rule is hereby vacated. Lower Courts record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 322. ..Category: Family Law | Date: | Hits: 167
Nurun Nabi (Md.) Vs. Md. Abu Taher Khan and another, 2009, 38 CLC (HCD)
....he demand made in the said notice is not satisfied within the statutory period of 30 days of receiving the notice. He also submits that, all the 3(three) cheques were presented for honour well within time, that is before becoming stale and the notice of demand, as contemplated under section 138(1) (......usly as may be Practicable. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 317. ..Category: Criminal Law | Date: | Hits: 86
Khalil @ Khalilur Rahman and others Vs. State, 2008, 37 CLC (HCD)
.... if it is not made to a police officer; or (3) if it is made in the presence of a Magistrate when the accused is in the custody of a police officer. 56. A confession is an admission made at any time by a person charged with a crime, stating or suggesting the inference that he committed that cr......tion and sentence is affirmed and he will get benefit of section 35A of the Code of Criminal Procedure. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 309. ..Category: Criminal Law | Date: | Hits: 116
Atahar and others Vs. State, 2007, 36 CLC (HCD)
....ution has succeeded in proving the case and how far evidence of P.Ws. inspite the confidence of the Court. First of all, we like to scan the evidence of prosecution as regard the place of occurrence, time of occurrence and manner of occurrence. We find serious contradictions in the evidence on recor......ny other case and accused appellants Mutahar and Sohrab be discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 302. ..Category: Criminal Law | Date: | Hits: 66
....and, as such, necessary direction should be given to the Government in this regard. He lastly submits that the Rule should be treated as continuing mandamus so that this Court can give direction from time to time.
10. Mr. Razik-al-Jalil, the learned Deputy Attorney-General appearing on behalf of...... to the office of the Prime Minister and the Ministry of Disaster Management by a special messenger of this Court as soon as possible.
Ed.
This Case is also Reported in: 63 DLR (HD) (2011) 71.
..
Category: Constitutional Law | Date: | Hits: 211
Momena Khatun and othÂers Vs. Hussain Fabrics Ltd. and others, 2010, 39 CLC (HCD)
....s Vs. Hussain Fabrics Ltd. and others............................Respondents Judgment May 31, 2010. Result: This appeal is allowed and the order of injunction granted earlier at the time of issuance of rule is by vacated. Lawyers Involved: Jamiruddin Sirker with AHM Mushfiqur......n Shyampur PS Case No.32 (12) 01 as exhibit No.13. Order sheet, Petition and Police report in Petition Case No.5877/01 of Court of Chief Metropolitan Magistrate as exhibit Nos.14 to 14 (kha) Order of appointment of Ansars dated 20-1 -2002 and receipts of payment of money as exhibit Nos.15 to 15(jha)..Category: Property Law | Date: | Hits: 78
....nder the law has jurisdiction to entertain the suit. The petitioner obtained the suit property vide registered sale deed which was produced by the writ petitioner before the Artha Rin Adalat at the time of hearing and that was marked as exhibit and that there is no bar under Article 14 of the Pres......udgment and decree dated 14‑5‑02 is without jurisdiction.
The result is that the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 56 DLR (2004) 641.
..
Category: Property Law | Date: | Hits: 173
Ruhul Amin Kha Vs. State, 2004, 33 CLC (HCD)
....arwar Hossain Mollah, Abdur Rashid and Altaf Hossain alias Altaf Miah on 30‑6‑2003, respectively out of the above 12 (twelve) witnesses who were examined earlier by the said police officer at the time of further investigation for the second time, and though previously none of these witnesses in ......appellant Ruhul Amin kha, son of late Amir Hossain Kha of village Lakshmipur, PS Muladi, District Barisal is hereby discharged from the case. Ed. This Case is also Reported in: 56 DLR (2004) 632...Category: Criminal Law | Date: | Hits: 64
....ght against the respondent No. 2 for misconduct committed in the factory and that allegation was brought against him that was recorded in writing and communicated to him and also he was given 3 days' time to explain and that he had been given personal hearing, as it appears from the record in the co......excess of its jurisdiction. Therefore, there is no merit in this Rule.
The Rule is accordingly, discharged without any order as to cost.
Ed.
This Case is also Reported in: 56 DLR (2004) 627.
..
Category: Labour and Industrial Law | Date: | Hits: 188
National Life Insurance Company Ltd. Vs. Controller of Insurance, 2002, 31 CLC (HCD)
....ation and another letter dated 19-Â5‑1997 of the respondents asked the, petitioner to effect the amendment in the Articles of Association by 5‑6‑1997 and to intimate its compliance. In the meantime, the Company has passed special resolutions amending Articles of Association inserting Article ......€‘3‑1999 by the respondent imposing fine upon the petitioner is declared to have been done without lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 624...Category: Business or Commercial Law | Date: | Hits: 271
Tareq Shamsul Khan alias Himu & others Vs. State, 2004, 33 CLC (HCD)
....ions 326/307/302/34 of the Penal Code over self‑same occurrence. He further submits that on self‑same occurrence another first information report was lodged on the self‑same date mentioning the time of occurrence same as of two others against some unknown persons which was registered as Motijh...... ‑Criminal Procedure, is set aside. Send a copy of this judgment to the Tribunal concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 622...Category: Criminal Law | Date: | Hits: 71
Asmatunnessa Khatun Vs. Bangladesh, 2004, 33 CLC (HCD)
....ivision. 3. Then, on 30‑8‑95 the decree‑holder levied the decree in execution in aforesaid money execution in the Second Court of Subordinate Judge at Dhaka. But the Deputy Commissioner took time for deposit of the decreed money and repeatedly failed. Then the decree holder was constrained ......vables of the Deputy Commissioner at Dhaka as described in the schedule to the application within a week of receipt of this order positively. Ed. This Case is also Reported in: 56 DLR (2004) 612...Category: Procedural Law | Date: | Hits: 54
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