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Government of Bangladesh Vs. ASM Ferojuddin Bhuiyan, 2000, 29 CLC (HCD)
.... possible. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 522. ......t Judge, Second Court, Dhaka in Title Appeal No.136 of 1997 are maintained. Lower Courts Record be sent as immediate as possible. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 522. ......997 setting aside judgment and decree dated 29-5-1997 passed by learned Assistant Judge, First Court, Dhaka in Title Suit No.368 of 1985 should not be set aside. 2. The only question that survives for determination in this Civil Revision Petition is whether the principle of promissory Estoppel is......t Judge, Second Court, Dhaka in Title Appeal No.136 of 1997 are maintained. Lower Courts Record be sent as immediate as possible. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 522. ..Category: Property Law | Date: | Hits: 83
.... Division
(Special Original Jurisdiction)
Present:
Md. Joynul Abedin J
ABM Khairul Haque J
Nazrul Islam (Md.) and others…………………………………..Petitioners
Vs.
Bangladesh, represented by the Secretary Ministry of Commerce and others …………….Respondents......ry, Ministry of Commerce, Government of Bangladesh, for taking necessary action in accordance with law against the delinquent officers.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 519.......nts did neither complete the transaction nor hand over the physical possession of the property in favour of the petitioners in spite of compliance of all the terms by them. They made repeated prayers for completion of the transaction but having failed in this respect, a notice demanding justice was ......ry, Ministry of Commerce, Government of Bangladesh, for taking necessary action in accordance with law against the delinquent officers.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 519...
Category: Others | Date: | Hits: 96
Bengal Ceramic Industries Ltd. Vs. Chairman, Petro Bangla & others, 1984, 13 CLC (HCD)
....nience is in favour of the plaintiff. It may not be lost sight of that the plaintiff is an industrial concern, and gas is an indispensable energy for running the industry in a developing country like Bangladesh. We have noticed that the plaintiff’s unit was earlier operated by electricity. It had ......ule [Civil Rule No.205 (FM) of 1984] which has been heard along with the appeal, is also made absolute without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 516. ......l Order No. 75 of 1984 with Civil Rule No. 205 (fm) of 1984. Judgment Ranadhir Sen J.- This appeal is directed against the order dated 11-4-84 of the learned Subordinate Judge refusing a prayer for temporary injunction in mandatory form. 2. The plaintiff filed the suit for declaration that ......ule [Civil Rule No.205 (FM) of 1984] which has been heard along with the appeal, is also made absolute without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 516. ..Category: Others | Date: | Hits: 132
Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)
....509. ......27 of 1992, 28 of 1992, 29 of 1992, 30 of 1992, 32 of 1992, 31 of 1992, 34 of 1992, 35 of 1992. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 509. ......lication No. 27 of 1992 Bangladesh Chemical Industries Corporation is the respondent and revenue is the applicant. 4. In these four reference applications the Taxes Appellate Tribunal treated the aforesaid corporations as Local Authority and exempted them from paying taxes under section 4(3)(iii)......27 of 1992, 28 of 1992, 29 of 1992, 30 of 1992, 32 of 1992, 31 of 1992, 34 of 1992, 35 of 1992. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 509. ..Category: Fiscal/Taxation Law | Date: | Hits: 86
....
High Court Division
(Special Original Jurisdiction)
Present:
Kazi Ebadul Hoque J
Md. Mozammel Hussain J
ABM Ruhul Amin, Managing Director……………….….Petitioner
Vs.
Bangladesh Freedom Fighters Welfare Trust and others…….Respondent
Judgment
February 8, 199...... are of the view that the petitioner should be saddled with cost.
In the result, the Rule is discharged with cost of Taka 5,000.00 only.
Ed.
This Case is also Reported in: 51 DLR (1999) 208.
......cel, withdraw or rescind the same and to give the lease in question to the petitioner. At the time of issuance of the Rule operation of the impugned order was stayed.
2. Learned Advocate appearing for the petitioner after placing the petition and other materials on record submitted that responden...... are of the view that the petitioner should be saddled with cost.
In the result, the Rule is discharged with cost of Taka 5,000.00 only.
Ed.
This Case is also Reported in: 51 DLR (1999) 208.
..
Category: Property Law | Date: | Hits: 102
Sabed Ali Howlader and Others Vs. Abdul Barek and other, 1998, 27 CLC (HCD)
....imately recorded in the names of Somed Ali, Safed Ali and Wares Ali. The defendant Nos.2 and 3 on 31-12-84 transferred their respective shares to Shahabuddin, son of defendant No.1. The Government of Bangladesh subsequently acquisitioned some portion of the land from the suit land for the purpose of...... suit in accordance with law. The trial Court is directed to dispose of the suit as expeditiously as possible preferably within 3 months. Ed. This Case is also Reported in: 51 DLR (1999) 204.......rders passed as to this Court may seem fit and proper. 2. Facts, in short, are that the petitioner as plaintiff instituted Title Suit No. 22 of 1990 in the Court of Senior Assistant Judge, Barisal for declaration of title and for partition of 1.95-acre of land out of 4.18 acres of land in the sch...... suit in accordance with law. The trial Court is directed to dispose of the suit as expeditiously as possible preferably within 3 months. Ed. This Case is also Reported in: 51 DLR (1999) 204...Category: Property Law | Date: | Hits: 102
Dil Mohammad Vs. Jamir Hossain and others, 2004, 33 CLC (HCD)
.... Kishore, AIR 1956 Orissa 77, Muhammad Din vs. Atta Muhammad and others, PLD 1957 Lahore 971; Modan Mohan Pal Annosatra vs. Abdus Samad and others, 32 DLR 176, Kabiruddin and others vs. Government of Bangladesh and others, 43 DLR (AD) 201, Gurnek Singh and another vs. Gurbachan Singh and others, AIR......aintiff is allowed to withdraw the appeal with permission to sue afresh on the subject matter as prayed-for. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 88.......7-2000 passed by the Subordinate Judge and Commercial Court No. 1 at Dhaka in Title Suit No. 82 of 1997, which dismissed the suit. 2. On 28-5-95 the plaintiff instituted Title Suit No. 166 of 1995 for eviction of defendant No. 1 from the suit land measuring about 300 square yards with structures ......aintiff is allowed to withdraw the appeal with permission to sue afresh on the subject matter as prayed-for. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 88...Category: Property Law | Date: | Hits: 83
Birla Tyres & another Vs. Sonali Anash Trading (Pvt) Ltd. and others, 2004, 33 CLC (HCD)
....hairman, Pakistan Eastern Railways, PLD 1965 (SC) 83; Serajuddin Bepari and others vs. Mizanur Rahman and others, 29 DLR (SC) 82; Liaquat Hossain Chowdhury vs. Mir Ali Hossain and others 1981 BLD 93; Bangladesh Tobacco Company Ltd. and others vs. Ms. M Arfan Khan and Company Ltd. 1983 BCR (AD) 18, H...... Orders granting temporary injunction and ad interim mandatory injunction are hereby set aside. Plaintiffs shall bear cost all through. Ed. This Case is also Reported in: 58 DLR (2006) 84. ......edure against the judgment and order dated 7-4-2004 passed by Second Court of Additional District Judge at Dhaka dismissing Miscellaneous Appeal No. 299 of 2003 and No. 335 of 2003. 2. Short facts for disposal of the Rule are that, on 9-8-03 opposite party Nos. 1 and 2 as plaintiffs instituted Ti...... Orders granting temporary injunction and ad interim mandatory injunction are hereby set aside. Plaintiffs shall bear cost all through. Ed. This Case is also Reported in: 58 DLR (2006) 84. ..Category: Civil Law | Date: | Hits: 148
Syed Abdul Alim alias Lalu Vs. DC, Dhaka and others, 2005, 34 CLC (HCD)
....dul Alim alias Lalu …………………Petitioner Vs. DC, Dhaka and others ……………………….Respondents Judgment November 16, 2005. Cases Referred to- Halima Khatun vs. Bangladesh, 30 DLR (SC) 207, Shahriar Rashid Khan vs. Bangladesh and others, 1998 BLD (AD) 155, Khan......osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ...... sentence should not be declared to have been passed or made without lawful authority and to be of no legal effect. 2. It is stated in the writ petition that one Md. Lesanul Hoq lodged the first information report (FIR) on 16-2-85 in Mirpur Police Station implicating the petitioner and two others......osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ..Category: Criminal Law | Date: | Hits: 52
Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)
....the appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 62. ......the appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 62. ......ich decreed the suit. 2. On 8-1-97 respondent No.1 as plaintiff instituted Other Suit No. 4 of 1997 in the Second Court of Subordinate Judge at Sadar in Chittagong against the appellant and others for declaration of title and confirmation of possession and for further declaration that ex-parte ju......the appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 62. ..Category: Property Law | Date: | Hits: 71
Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)
....her father Hamiduddin Ahmed as her duly constituted attorney for construction of a house as per approved plan and design. During the period of construction of the house, Farida Rahman used to come to Bangladesh once/twice a year to see the progress of the work. In 1989, the construction was complete......l Haque in Other Suit No. 15 of 98 is directed to vacate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51.......997. Luna Fahmida Rahman and Dana Farzana Rahman, two full sisters, on 19- 5-97 instituted the suit against their uncle, Md. Shamsul Haque and 3 others in the Court of Joint District Judge at Rangpur for a decree declaring their right, title and interest in the suit property and also for recovery of......l Haque in Other Suit No. 15 of 98 is directed to vacate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51...Category: Property Law | Date: | Hits: 139
Sultan Uddin Ahmed Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....Division (Special Original Jurisdiction) Present: Mirza Hussain Haider J AFM Abdur Rahman J Sultan Uddin Ahmed ……………………….........Petitioner Vs. Government of Bangladesh and others.................... Respondents. Judgment July 4, 2005. Lawyers Invo......l machineries and to release the same within 7 days from the date of receipt of this judgment. However, there shall be no order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 31. ...... old/reconditioned machinery covered under letter of credit No. 140504020008 dated 1-11-2004 and further to show cause as to why the respondent No. 4 should not be directed to assess and release the aforesaid goods imported by the petitioners without any reference to the said Memo, as aforesaid and ......l machineries and to release the same within 7 days from the date of receipt of this judgment. However, there shall be no order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 31. ..Category: Business or Commercial Law | Date: | Hits: 234
World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
...........discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14.......osts and Telecommunications (hereinafter referred to as the "MOPT"), the Government of the People's Republic of Bangladesh issued "Request For Proposals" (hereinafter referred to as RFP) (Annexure-C) for installation of 3 lac Public Switching Telephones, commonly known as land phone, in private sect......discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14...Category: Information Technology Law | Date: | Hits: 321
....of India (AIR 1978 (SC) 130), Maneka Gandhi vs. Union of India, AIR 1978 (SC) 597, DS Nakara vs. Union of India (AIR 1978 (SC) 130), Maneka Gandhi vs. Union of India AIR 1978 (SC) 597, Aftabuddin vs. Bangladesh, 48 DLR 1, Abul Hosain's case, 41 DLR (AD) 30, Southern Railway Company vs. Greane, 216 U...... any lawful authority and are of no legal effect.
In view of the facts and circumstances of the cases there will be no order as to cost.
Ed.
This Case is also Reported in: 58 DLR (2006) 5.
...... fact that in the 3rd Schedule at the import stage of the spare parts of CKD duties were exempted but at the time of sale VAT has been demanded on the sale price which includes the import price. Therefore, it is contended that the benefit which was given to the petitioners by exempting payment of su...... any lawful authority and are of no legal effect.
In view of the facts and circumstances of the cases there will be no order as to cost.
Ed.
This Case is also Reported in: 58 DLR (2006) 5.
..
Category: Fiscal/Taxation Law | Date: | Hits: 81
Selim Reza Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....riginal Jurisdiction) Present: Md. Joynul Abedin J AKM Asaduzzaman J Selim Reza ………………………………………………………………Petitioner Vs. Government of Bangladesh and others………………………. Respondents. Judgment August 13, 2005. La......Rule is made absolute without any order as to costs. The office is directed to communicate this order to the respondents for information. Ed. This Case is also Reported in: 58 DLR (2006) 1. ......, excluding any offer below Taka 22,50,000. 2. It is stated in the writ-petition that the Upazila Nirbahi Officer (UNO), Jibannagar, District Chuadanga, respondent No. 6, initially fixed 28-2-2005 for submitting tender to lease out the Jibannagar Shialmari Cattle Hat situated in Jibannagar Upazil......Rule is made absolute without any order as to costs. The office is directed to communicate this order to the respondents for information. Ed. This Case is also Reported in: 58 DLR (2006) 1. ..Category: Others | Date: | Hits: 114
....HCD) (2001) 506.
...... and the writ petition was not maintainable has no substance.
In the result, the Rule is made absolute with any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 506.
......its name in the record of rights, father of the petitioner filed Title Suit No.371 of 1963 in the First Court of Sadar Munsif, Sylhet against the Ministry of Land and Lacca Tura Tea Estate and others for declaration of title and recovery of khas possession in respect of the said land along with othe...... and the writ petition was not maintainable has no substance.
In the result, the Rule is made absolute with any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 506.
..
Category: Property Law | Date: | Hits: 95
Commissioner of Taxes Vs. Kushtia Sugar Mills Ltd., 2000, 29 CLC (HCD)
....such, it had paid incentive bonus under the provisions of the law and this incentive bonus is a new concept introduced in the industrial sector after the publication of the Wages Commission Report in Bangladesh which, in our opinion, is not related to the traditional concept of bonus which is contem....... Accordingly, we answer the questions in the affirmative and against the revenue applicant. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 504.......ny is a incorporated under the Companies Act and is a nationalised one under the provisions of President’s Order 27 of 1972. The assessee submitted its return showing a total loss of Taka 59,46,175 for the said assessment year but the DCT assessed the income of the assessee under sections 23(2) an....... Accordingly, we answer the questions in the affirmative and against the revenue applicant. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 504...Category: Fiscal/Taxation Law | Date: | Hits: 104
....gh Court Division
(Civil Revisional Jurisdiction)
Present:
Md. Shamsul Huda J
Afitan Nessa and others ………………….Petitioners
Vs.
Government of the People’s Republic of Bangladesh and others …………….Opposite Parties.
Judgment
August 09, 2001.
Cases Re...... to file a separate application for condonation of delay. With this observation the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 502.......ite parties to show cause as to why the impugned order dated 13-6-1993 passed learned Assistant Judge, Ghoraghat Police Station, District Dinajpur in Other Class Suit No.3 of 1984 dismissing the suit for default and order dated 1993 refusing to vacate the impugned order dated 13-6-1993.
2. The pe...... to file a separate application for condonation of delay. With this observation the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 502...
Category: Procedural Law | Date: | Hits: 106
Annada Prosad Das Vs. DC, Khulna and others, 2001, 30 CLC (HCD)
....ed J Annada Prosad Das ……………………Appellant Vs. DC, Khulna and others………….Respondents. Judgment June 28, 2001. Cases Referred to- Mirza Shahab Ispahani Vs. Bangladesh, 40 DLR (AD) 116, Bangladesh Vs. Professor Golam Azam, 46 DLR (AD) 192, Abeda Khatun and ......ppeal is allowed, the judgments and decrees of the Courts below are set aside and the suit is decreed in full. No order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 496.......lna in Title Appeal No.114 of 1974, dismissing the appeal and affirming the judgment and decree dated 8-7-74 passed by the Munsif, 1st Court, Bagerhat in Title Suit No.67 of 1972, dismissing the suit for declaration that the plaintiff present appellant is a citizen of Bangladesh. 2. The case of t......ppeal is allowed, the judgments and decrees of the Courts below are set aside and the suit is decreed in full. No order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 496...Category: Immigration and Citizenship Law | Date: | Hits: 190
Anindra Bhusan Ghose Vs. Bangladesh Government, 2001, 30 CLC (HCD)
....n: 53 DLR (HCD) (2001) 493.......l. For the reasons and discussions made above, I find no merits in this appeal. In the result the appeal is dismissed. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 493.......sed by the Subordinate Judge, Khulna in Title Appeal No.156 of 1976 on 21-9-77 affirming those of the Munsif, 2nd Court, Satkhira passed in Title Suit No.419 of 1975 on 26-6-1976, dismissing the suit for declaration of title of the plaintiffs in the suit land. 2. Plaintiffs’ case, in short, is ......l. For the reasons and discussions made above, I find no merits in this appeal. In the result the appeal is dismissed. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 493...Category: Property Law | Date: | Hits: 85
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