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Titas Gas (T & D) Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)

....the affirmative and against the assessee applicant and we refrain from answering the other questions. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 209. ...... refrain from answering the other questions. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 209. ......ction 36(3) of the Ordinance is not sufficient for compelling the DCT to accept an audited accounts of the assessee company inasmuch as under section 83(1) of the Ordinance the assessee is to produce evidence in support of the return and in the instant Case the DCT issued notice under section 83(1) ..

Category: Fiscal/Taxation Law | Date: | Hits: 82

Bangladesh Water Development Board Vs. Contractor, Manu Barrage, 2000, 29 CLC (HCD)

....ll realisation. The parties are directed to bear their own respective costs. Send down the record of the case without any further delay. Ed. This Case is also Reported in: 53 DLR (2001) 200. ......he Appellant. Md. Moksudur Rahman with Fazlul Haque, Advocates—For the Respondent. First Appeal No. 180 of 2000. Judgment Md. Abdur Rashid J.- This appeal presented by the defendants against the judgment and decree dated 21-11-1999 passed by the Subordinate Judge, 3rd Court, Dhaka in M......d the party should be directed to pursue the arbitration which they agreed in the contract. Then, he submitted on merit of the appeal that the trial Court decreed the suit in its entirety without any evidence to support the claims of the plaintiff. He also challenged the decree passed on the interes..

Category: Civil Law | Date: | Hits: 132

Abdul Kader @ Kada and others Vs. State, 2010, 39 CLC (AD)

....e above, we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 531. ......sions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 531. ......f 1/4 mile from the place of occur­rence went to the hut of the deceased in the morning, P.W.10 is also brother of the deceased. 11. As stated hereinbefore the trial Court on consideration of the evidence of the eye witnesses as well as of the witnesses who immediately after the incident went to..

Category: Criminal Law | Date: | Hits: 57

Fazar Ali Vs. Mizanur Rahman and another, 2010, 39 CLC (AD)

....with the concurrent find­ings of fact. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 518.......petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 518.......ment. Initially the suit was decreed and thereafter on appeal the appellate court remanded the suit. After remand the suit was renumbered as Title Suit No.32 of 1992. 4. After consideration of the evidence on record the learned Additional Assistant Judge, 1st Court, Sadar, Gazipur, by judgment an..

Category: Property Law | Date: | Hits: 23

Most. Selina Banu Bewa and others Vs. Most. Jamila khatun and another, 2009, 38 CLC (AD)

....oper consideration of the materials on record arrived at a correct decision and accordingly no interference call for. The petition is dismissed. This Case is also Reported in: VII ADC (2010) 516....... The petition is dismissed. This Case is also Reported in: VII ADC (2010) 516.......e witnesses in order to prove the execution and registration of the deeds in question both the Courts below found that the plaintiff was a paradanshin woman and the defendants could not pro­duce any evidence to prove that the said deeds were executed and registered by her with proper independent ad..

Category: Property Law | Date: | Hits: 26

Hazi Sanjob Ali Vs. Hurmuj Ali and others, 2010, 39 CLC (AD)

.... the judgment of the trial court that correctly dismissed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 513.......tion which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 513.......lished. The suit having been instituted long after the preparation of settlement record the plaintiffs are not entitled to any relief and the suit is liable to be dismissed. 5. On consideration of evidence of both the parties the learned Subordinate Judge dismissed the suit by the judgment and or..

Category: Property Law | Date: | Hits: 28

Abdun Noor Vs. Abdul Kabir and others, 2010, 39 CLC (AD)

.... one month. The preparation of paper books is dis­pensed with as prayed for. The petitioner is permitted to add addi­tional grounds. Ed. This Case is also Reported in: VII ADC (2010) 510.......ed to add addi­tional grounds. Ed. This Case is also Reported in: VII ADC (2010) 510.......e suit land and hence, the suit is liable to be dismissed. 4. Mr. Mahbubey Alam, learned Counsel, appearing for the petitioners submitted that on proper consideration of the docu­mentary and oral evidence of the parties the trial Court and the Court of Appeal below concurrently found title and p..

Category: Property Law | Date: | Hits: 45

Gonesh Ghosh Vs. Babu @ Sabir Ahmed and others, 2010, 39 CLC (AD)

....the above, we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 501.......ly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 501.......ing for the petitioner sub­mitted that the High Court Division failed to consider and evaluate exhibit-C, D, G, I, J, K, M and thus the impugned judgment suffer from misreading and misunderstood the evidence on record including the benami character of the kabala exhibit-E & Y as those kabala wa..

Category: Property Law | Date: | Hits: 29

Jalalabad Co-opera­tive Housing Society Ltd. and another Vs. Mosammat Roushan Jahan and others, 2010, 39 CLC (AD)

....order passed by the High Court Division and thus do not find any substance in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 486.......tion is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 486.......sses each and the docu­ments produced by the plaintiffs were marked exhibit 1-7 series and those of the defendants were marked exhibit 'K ' to 'Q' series. 7. On consideration of the materials and evidence on record and the submissions of the learned Advocates of the contesting parties the learne..

Category: Property Law | Date: | Hits: 38

Md. Azim Uddin Vs. Md. Abdul Latif and others, 2010, 39 CLC (AD)

....llate judgment and decree and restored those of the trial court. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 484.......ions which are accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 484.......for the peti­tioner and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 7. It appears that the trial court correctly considered the evidence on record, oral and documentary and the High Court Division correctly considered the evi­d..

Category: Property Law | Date: | Hits: 24

Mojibor and another Vs. Md. Nurul Islam and others, 2010, 39 CLC (AD)

....the above, we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 467.......rdingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 467....... plaintiff are false and as such, the suit is liable to be dismissed. 4. Mr. A. J. Mohammad Ali, learned Counsel, appearing for the petitioners sub­mitted that the trial Court on consideration of evidence on record dismissed the suit in holding that after abolition of Zamindary system the suit p..

Category: Property Law | Date: | Hits: 91

Prime Finance and Investment Limited Vs. Delwar H. Khan and others, 2009, 38 CLC (AD)

....he above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 459. ......ngly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 459. ......cial institutions by fraudulent means and misappropriated the Company funds. It is further stated that although the money was procured for pur­chasing of machinery and other equip­ments there is no evidence that the Company had procured the same. Although the Industrial Promotion and Development C..

Category: Company Law | Date: | Hits: 197

Government of Bangladesh and another Vs. Mohiuddin, 2009, 38 CLC (AD)

....5.1988 of the Court of Settlement is restored. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 454, 15 BLC (AD) (2010) 179......l is allowed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 454, 15 BLC (AD) (2010) 179......ement is that Abdur Rahman was not found to be in possession of the house after liberation and he left this country and his where­abouts were not known on 26.02.1972 is absolutely wrong, without any evidence on record, either oral or documentary or without any pleading on behalf of the Government b..

Category: Property Law | Date: | Hits: 24

Anti-Corruption Commission Vs. Dr. Muhiuddin Khan Alamgir and others, 2010, 39 CLC (AD)

....dy been acquitted on merit of the case as is in this case. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 290, VIII ADC (2011) 78. ......n this case. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 290, VIII ADC (2011) 78. ......cial Judge framed Charge under sections 26(2) and 27(1) of the Act read with rule 15 Gha(5) of the Emergency Powers Rules, 2007. 3. The learned Special Judge, on examination of witnesses and other evidence on record, found the respondent no. 1 guilty of the charges of concealing various amounts a..

Category: Anti-Corruption Laws | Date: | Hits: 231

Abdul Kadir Vs. Moslem Miah, 2009, 38 CLC (AD)

.... 13. In such view of the matter the impugned judgment does not call for any interference by this court and accordingly the leave petition is dismissed. Ed. This Case is also Reported in: ......interference by this court and accordingly the leave petition is dismissed. Ed. This Case is also Reported in: ......f did not take any step for calling for the volume of kabala from the concerned sub-registry office to prove due execution and the High Court Division rightly held that it was illegally admitted into evidence. 12. The High Court Division further correctly held that the land of plot No.1350 was n..

Category: Property Law | Date: | Hits: 26

Dr. Mohiuddin Farooque Vs. Bangladesh and others, 2001, 30 CLC (HCD)

....enabling them to take necessary steps in this regard immediately. A copy also be forwarded to the Chairman, BELA. Md. Joynul Abedin J.- I agree. This Case is also Reported in: 55 DLR (2003) 69. ......Chairman, BELA. Md. Joynul Abedin J.- I agree. This Case is also Reported in: 55 DLR (2003) 69. ...... huge number of industries/factories identified by the Government itself and specifically pointed out in the notification dated 7.8.1986 (Annexure-C to the petition), but in its utter dismay found no evidence as to any effective measure or legal action taken against any of the 903 industries/factori..

Category: Environmental Law | Date: | Hits: 345

Abul Hossain Vs. State, 2008, 37 CLC (AD)

.... justified in holding that none other than the petitioner killed her. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 134.......etitioner killed her. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 134.......Neither the alleged offence was committed by the accused-appel­lant nor did he have any knowledge about the same. The accused appellant was the victim of the circumstances, which is evident from the evidence of the witnesses. It is also evi­dent that the alleged victim Nurjahan Begum Maya has been..

Category: Criminal Law | Date: | Hits: 45

Captain (Md) Lutfar Rahman Vs. Md. Abu Taher and others, 2000, 29 CLC (HCD)

....92 of the 2nd Court of Subordinate Judge, Chittagong for pre-emption is allowed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 193. ......orted in: 53 DLR (2001) 193. ......s contemporaneous documents to affect in any way the earlier executed sale deeds. Moreover, the pre-emptee opposite parties have not stated even one word either in their written objection or in their evidence explaining the circumstances preventing them from mentioning in the disputed sale deeds the..

Category: Property Law | Date: | Hits: 22

Deputy Commissioner and Chairman, District Fisheries Tender Committees & others Vs. Md. Aswab Ali and others, 2000, 29 CLC (HCD)

....costs. The order of maintenance of status quo till disposal of Civil Revision Petition granted by this Court on 17-11-1999 stands vacated. Ed. This Case is also Reported in: 53 DLR (2001) 183.......ct Fisheries Tender Committees & others……………….Petitioners Vs. Md. Aswab Ali and others….………Opposite Parties Judgment August 1, 2000. Cases Referred To- Province of East Pakistan Vs. Meajan Ali Ahmed and 15 others, 18 DLR (SC) 343; Province of East Pakistan......-1999 directed the parties to maintain status quo in respect of suit property. Learned District Judge by order No.14 dated 23-4-1999 allowed plaintiff respondent’s application for taking additional evidence. Md. Aswab, plaintiff No.1 was examined as PW 1 and the document filed before the learned D..

Category: Limitation Law | Date: | Hits: 152

Mir Hossain @ Amir Hossain and Others Vs. Alifa Khatun and Others, 2009, 38 CLC (AD)

....h Court Division, since they can place their respective cases before the Court below. Accordingly the leave petitions are dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 46. ......leave petitions are dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 46. ......and the defendant Nos.16-19 examined one witness in support of their respective claims. The parties also filed documents marked ex­hibits. 6. The High Court Division appears to have discussed the evidence on record in de­tail and made the rule absolute setting aside the decree passed by the Cou..

Category: Property Law | Date: | Hits: 79