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Begum and Company Ltd. Vs. Rupali Bank and others, 1994, 23 CLC (HCD)
....d to dispose of the same in accordance with law within a reasonable time preferably 3 (three) months from the date of receipt of this order. Ed. This Case is also Referred to: 48 DLR (1996) 23. ......d to dispose of the same in accordance with law within a reasonable time preferably 3 (three) months from the date of receipt of this order. Ed. This Case is also Referred to: 48 DLR (1996) 23. ......ceipt of this order. Ed. This Case is also Referred to: 48 DLR (1996) 23. ......ort bills were issued with the Insurance Company, defendant No. 5. Defendant Nos.1-4 were also granted overdraft facilities against their pledged stock of goods covered by valuable securities, charge documents, title deeds of property, etc. and the said defendants drew the advance by cheque through ..Category: Civil Law | Date: | Hits: 92
....ent of the purchaser and he paid the money to the vendor on his behalf and he himself, executed and registered a deed of agreement on the same date. He argued that the conduct of the parties at the relevant time indicate that the transaction is a complete usufructuary mortgage and as it is a compl......ugned order passed by the Upazila Revenue Officer in the aforesaid ML Case was passed without any lawful authority and is of no legal effect.
Ed.
This Case is also Referred to: 48 DLR (1996) 25. ......
Moulavi Mohammad Wahidullah, Advocate-For the Respondent No.2.
Writ Petition No. 232 of 1985.
Judgment
Mahmudul Alam Choudhury J. - This Rule Nisi was issued calling upon Respondent Nos.1 and 2 to show cause as to why the decision dated 10.4.85 given by the respondent No.1 in ML Case No.......ugned order passed by the Upazila Revenue Officer in the aforesaid ML Case was passed without any lawful authority and is of no legal effect.
Ed.
This Case is also Referred to: 48 DLR (1996) 25. ..
Category: Property Law | Date: | Hits: 91
Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)
....ability, merit and integrity of one of these three officers who were promoted as Joint Secretaries but since for the purpose of deciding this writ petition those allegations do not appear to us to be relevant or material, we do not like to reproduce those allegations in our Judgment. It has been fur...... Majumder, the learned Advocates for the petitioner. The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ......ddin (Md.)....................................................Petitioner Vs. Bangladesh, represented by Secretary, Ministry of establishment, Government of the People’s Republic of Bangladesh and others………………….Respondents Judgment February 20, 1995. Cases Referred to-...... Majumder, the learned Advocates for the petitioner. The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ..Category: Employment/Service Law | Date: | Hits: 173
Bangladesh Vs. M/s. Mashrique TexÂtiles and others, 1982, 11 CLC (AD)
....on misinterpreted section 20 of the Arbitration Act as well as the Arbitration clause of the agreement as was in force. Leave was granted to consider the question. 5. Before proceeding further the relevant clause providing for arbitration may be quoted. This is clause 21 which reads as follows: ......at the agreement be filed in Court must, however, stand. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 66. ...... (Civil) Present FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Bangladesh.........Appellant Vs. M/s. Mashrique TexÂtiles and others...........Respondents Judgment May 18, 1982. Cases Referred To- Dhanrajamal ......at the agreement be filed in Court must, however, stand. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 66. ..Category: Alternative Dispute Resolution | Date: | Hits: 147
Zebunnessa Vs. Commissioner of Income Tax North (Zone), Dacca, 1982, 11 CLC (AD)
..... The Municipal valuation of the property also lends support to the annual value as determined by the Income Tax Officer. There is nothing to show that the Income Tax Officer was not aware of all the relevant facts when he determined the annual value of the house in question and completed the assess......een noticed by the Tribunal that the Income Tax Officer determined the bona fide annual value and assessed the tax after examining the lease agreement, municipal valuation register and other relevant papers. 13. Mr. Habibul Islam Bhuiyan, the learnÂed Counsel, appearing for the respondent failed......cate-on- Record - For the Appellant. Habibul Islam Bhuiyan, Advocate, instrucÂted by Md. Sajjadul Huq, Advocate-on-Record - For the Respondent. Civil Appeal No.60 of 1981 (From the Judgment and Order dated 48-1980 passed by the High Court Division in application No. 28 of 1978) Judgment......icipal authority is also a material factor in determining the annual value. The Income Tax Officer in the instant case appears to have determined the bona fide annual value, on consideration of lease documents, showing prevailing rents of the neighbouring house and also the valuation of the holding ..Category: Fiscal/Taxation Law | Date: | Hits: 88
Abdur Rahman and others Vs. Sultan ® Sultan & others, 1982, 11 CLC (AD)
....ave was granted to consider the question whether the parties can invoke the violation of natural justice when they were duly served with notice about the final decree. Order 26, rules 13 to 18 are relevant for the purpose of disposal of this appeal. Rule 13 enables the Court to issue a commission......any equitaÂble relief. In the result, therefore, this appeal is alloÂwed with costs. The order of the High Court Division is set aside. Ed. This Case is also Reported in: 35 DLR (1983) 51. ...... (1983) 51. ......any equitaÂble relief. In the result, therefore, this appeal is alloÂwed with costs. The order of the High Court Division is set aside. Ed. This Case is also Reported in: 35 DLR (1983) 51. ..Category: Procedural Law | Date: | Hits: 72
Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
....h. In exercise of all powers enabling me in this behalf, I, Lieutenant General Hussain Muhammad Ershad do hereby further declare that:- 2. The operative provisions of the Proclamation which are relevant to the determination of the question before this Court are as follows: “a ..................n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ......h & another.............Appellants Vs. Md. Salimullah............Respondent (In Civil Appeal No. 90 of 1981) And Bangladesh………….Petitioner Vs. Hamidul Huq ChowÂdhury and others..............Respondents (In Civil Petition Nos. 30 & 31 of 1982) And Syed Ali.......n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ..Category: Constitutional Law | Date: | Hits: 181
Md. Anowarul Mustakin and another Vs. State, 2011, 40 CLC (HCD)
....ed the appellants and prepared seizure list. P.W. 4 is a police personnel, who accompanied P.W. 3 at the time of seizing 135 bottles of phensedyl. P.W. 5 and 6 were the local witnesses. P.W. 5 at the relevant time was a call man of Rajonighodha bus counter whereas P.W. 6 was an owner of ‘pan’ sh......scharged from their respective bail bonds. Send down the lower Court records with a copy of this judgment immediately. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... Ed. This Case is also Reported in: ......scharged from their respective bail bonds. Send down the lower Court records with a copy of this judgment immediately. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 68
Ganesh Oil Mills Vs. Commissioner of Income Tax, 1978, 7 CLC (AD)
....he sales in question were not included in the taxable turnover which according to the Sales Tax Officer, was due to mistake. The order of the Income Tax Appellate Tribunal clearly points out that the relevant sales had escaped assessment of Sales Tax. The relevant sales having escaÂped assessment o......question correctly. The answer must therefore be in the negative. The appeal is accordingly allowed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 56. ......te-on-Record - For the Appellant. A.K.M. Mozammel Haque Bhuiyan, Advocate instructed by S.S. Hoda, Advocate-on- Record - For the Respondent. Civil Appeal No.75 of 1977. (From the Judgment and Order 10th April, 1975 passed by the High Court Division in Reference Case No.28 of 1969). J......question correctly. The answer must therefore be in the negative. The appeal is accordingly allowed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 56. ..Category: Fiscal/Taxation Law | Date: | Hits: 77
....s submitted that on the finding of the High Court the offence proved is one under section 302 and not 304 Part 1 of the Penal Code. To appreciate the submission of the learned Deputy Attorney-General relevant finding of the High Court on the issue may be set out:
“Now the question is whether th......ed. All the sentences are to run concurrently. The Respondent will now surrender to his bail bond to serve the remainder of his sentences.
Ed.
This Case also referred in: 31 DLR (AD) (1979) 29.
......ttorney-General, instructed by A. Backkar, Advocate-on-record - For the Appellant.
M. Behter Ali, Advocate-on-Record - For the Respondent.
Criminal Appeal No. 13 of 1977.
(From the Judgment and order dated 13-9-1977 by the High Court of Bangladesh in Criminal Appeal No. 285 of 1970).
Ju......ed. All the sentences are to run concurrently. The Respondent will now surrender to his bail bond to serve the remainder of his sentences.
Ed.
This Case also referred in: 31 DLR (AD) (1979) 29.
..
Category: Criminal Law | Date: | Hits: 74
Chittagong Container Transportation Company Vs. Bangladesh and others, 2009, 38 CLC (AD)
....dmitting the realization of open space at the rate of Taka 10 per square metre from the Trade Corporation of Bangladesh and Messrs Bay Fishing gave a reply under memo dated 1-12-2004 interpreting the relevant Regulations 163(1), 163(2) of the Regulations for working of Chittagong Port (Cargo and Con...... above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petitioner is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 37. ......sion (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J SAN Mominur Rahman J Chittagong Container Transportation Company...................Petitioner Vs. Bangladesh and others......................................................Respondents Judgment July 12,...... above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petitioner is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 37. ..Category: Property Law | Date: | Hits: 126
Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)
....he main issue involved in the suit on the basis of the 'alleged claim' of a party without considering the evidence on which the issue is rested. 25. Whether an alleged fact is a fact in issue or a relevant fact, the Court can draw no inference from its existence till it believes it to exist; and ......l is dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ......sion (Civil) Present: Md. Abdul Matin J SAN Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Monjur Morshed Chowdhury (Md.) @ Monjur Morshed and others.........Appellants Vs. Haji Abul Kashem Sawdagar and another.............................l is dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ..Category: Tenancy Law | Date: | Hits: 210
Homeland Life Insurance Co. Ltd. Vs. Jahanara Begum and others, 2000, 29 CLC (HCD)
....he policy was issued. So, there was no dispute over the age. The respondent dismissed the objection finding it unreasonable. He asked the appellant to pay the insured amount expeditiously. It is very relevant to note here that the pleas raised in the suit or in this appeal that the insured took out ......he learned Subordinate judge rejecting the plaint is hereby affirmed. Send down the records at once. The order of stay granted is vacated. Ed. This Case is also Reported in: 52 DLR (2000) 666. ...... Ed. This Case is also Reported in: 52 DLR (2000) 666. ......he learned Subordinate judge rejecting the plaint is hereby affirmed. Send down the records at once. The order of stay granted is vacated. Ed. This Case is also Reported in: 52 DLR (2000) 666. ..Category: Business or Commercial Law | Date: | Hits: 190
Kamaluddin Ahmed Vs. Director of Trade Organisations and others, 2000, 29 CLC (HCD)
....rganisations, hereinafter called the DTO. The DTO ensures that the affairs of the trade organisations are managed and conducted in accordance with their Memorandum and Articles of Association and the relevant laws (Annexure-‘A’). 3. The petitioner was unanimously elected as the President purs......e shall have to be elected under Article 34(II) of the Memorandum and Article’s of Association of the CCCI by the members present, in a particular meeting, to preside over the meeting. But from the papers annexed by the respondents we do not find that the respondent No.6 was duly elected to presid...... High Court Division (Special Original Jurisdiction) Present: KM Hasan J Khademul Islam Chowdhury J Kamaluddin Ahmed...............Petitioner Vs. Director of Trade Organisations and others................Respondents Judgment July 25, 2000. Case Referred To- Banglade......as issued to other directors. But for this purpose the dispatch register was tampered with by inserting new entries and allocating number to the so-called meeting dated 14-3-2000. A comparison of the documents regularly used by the CCCI would reveal the forgery and interpolation by the applicants. C..Category: Others | Date: | Hits: 123
Giasuddin Ahmed Chowdhury Vs. Dhaka University and others, 2000, 29 CLC (HCD)
....trated more on not holding the election within the three-year period without showing, as the law requires, the ‘extraordinary circumstances’ for which it could not be held. In this regard the two relevant provisions of the First Statutes are sections 3 and 46(3), quoted above. Section 3 provides......atutes: Section 46(1)(i): ‘Under orders of the Vice Chancellor, the Registrar, in addition to intimation by post under Certificate of posting shall notify the following particulars in two daily newspapers one in English and one in Bengali published from Dhaka. (a)…………………………â......in: 52 DLR (2000) 650. ......the Senate of the Registered Graduates of Dhaka University is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 650. ..Category: Election Law | Date: | Hits: 105
Janata Insurance Co. Vs. Islam Steel Mills, 2000, 29 CLC (HCD)
....e of movable property without delivery of possession. Such charge created is equitable i.e. not by any express enactment but by equity and reason. Mortgage clause in the policies does not contain the relevant incidence of such charge of hypothecation. On close scrutiny into the various terms and con......in MS No.44 of 1994, MS No.45 of 1994 and MS No.46 of 1994 are hereby confirmed. Let the records be sent down without any further delay. Ed. This Case is also Reported in: 52 DLR (2000) 642. ...... July 12, 2000. Cases Referred To- United India Insurance Co. Vs. MJK Corporation, [1996] 6 SCC 428; Trang Ice Cold Storage Vs. Amin Fish Farm, 46 DLR 39; Boston Fruit Corporation Vs. British and Foreign Marine Insurance, 1906 AC 336; P Samuel Company Vs. DUMAS, 1924 AC 431; Portavan Cinema ......s in force between the plaintiff and the defendant when the fire occurred? 8. The plaintiff examined two witnesses while the defendant examined one witness only. Besides, the plaintiff adduced the documents which were marked as exhibits 1 to 12 while the documents adduced by the defendants were m..Category: Business or Commercial Law | Date: | Hits: 211
Bangladesh Inland Water Transport Corporation Vs. M/S Broadway Shipping Limited, 2010, 39 CLC (HCD)
....actual realization of decreetal amount along with the cost of the suit. The office is directed to assess the cost of the suit and the amount of interest. Ed. This Case is also Reported in: ......actual realization of decreetal amount along with the cost of the suit. The office is directed to assess the cost of the suit and the amount of interest. Ed. This Case is also Reported in: ......f the suit and the amount of interest. Ed. This Case is also Reported in: .......2010. Upon considering the issues the plaintiff examined two witnesses as P.W.1 Md. Ezazul Hoq, Manager (Marine) P.W.2 namely Abdul Khaleque, 3rd class Master, Code No. 81349. The P.Ws submitted the documents which have been marked as exhibits 1 to 6 which is described in the following table: ..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
Fazlur Rahman & Co. Vs. M.V. CHOSUN HOPE and others, 2010, 39 CLC (HCD)
....y through the LIM Account with Sonali Bank and as such it cannot be said that plaintiff has never retired the shipping documents. The endorsement on exhibit No.2 was nothing but an endorsement at the relevant time and as the original documents were submitted to the Customs authority, the plaintiff e......days from the date of decree drawn. The office is directed to calculate the interest and the cost and inform the same to the defendant within the date fixed. Ed. This Case is also Reported in: .............…Plaintiff Vs. 1. M.V.CHOSUN HOPE, now at Chittagong Port.………......Defendant 2. Master of M.V.CHOSUN HOPE, now stationed at Chittagong Port………......Defendant 3. Owner and persons interested in MV CHOSUN HOPE, now at Chittagong Port.………......Defendant 4. Ocea......he plaintiff examined one witness as P.W.1, the Managing Director of the plaintiff’s company, Alhaj Md. Fazlur Rahman on 6.7.1999, 15.7.1999, 27.7.1999 and also on 3.8.2009. The P.W.1 filed several documents out of which the following have been marked exhibit 1 to Exhibit 12 which are follows: ..Category: Admiralty Law or Maritime Law | Date: | Hits: 178
Tamima Akhter (Mitu) Vs. Deputy Commissioner, Joypurhat and others, 2011, 40 CLC (HCD)
.... the jail custody in which she has been kept from 11.07.2010 illegally and without lawful authority and she shall not be brought before this court to be dealt with in accordance with law. 2. Facts relevant for disposal of the rule are that on 15.5.2010 one Md. Mamunur Rashid lodged an FIR with th......the forgoing discussion, we find no merits in this rule. Accordingly the rule is discharged. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ......cellaneous Jurisdiction) Present: AKM Asaduzzaman J Md. Ashraful Kamal J Tamima Akhter (Mitu)…………………………………Petitioner Vs. The Deputy Commissioner, Joypurhat and others.…………Opposite parties Judgment March 21, 2011. Lawyers Involved: Zakir......the forgoing discussion, we find no merits in this rule. Accordingly the rule is discharged. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 57
Md. Saidul Islam and others Vs. State, 2011, 40 CLC (HCD)
....s may be enlarged on bail. The learned Assistant Attorney General appearing for the opposite party opposes the prayer for bail. 4. Heard the learned advocate of both the sides and perused the FIR, relevant documents annexed to the application for bail and the impugned order. 5. In view of the ......tion of the case, the concern Court is hereby directed to consider the bail of the petitioners. Communicate the order at once. AKM Zahirul Hoque J. - I agree. This Case is also Reported in: ....... - I agree. This Case is also Reported in: ......enlarged on bail. The learned Assistant Attorney General appearing for the opposite party opposes the prayer for bail. 4. Heard the learned advocate of both the sides and perused the FIR, relevant documents annexed to the application for bail and the impugned order. 5. In view of the submissio..Category: Criminal Law | Date: | Hits: 71
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