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Iskander Lasker Vs. District Magistrate, Jessore and others, 1994, 23 CLC (HCD)
.... Khan of village Ramnager, Police Station Kotwali, District Jessore, be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ......icial act mentioned in that sub‑section for a period of beyond 30 days but that the order has to be approved by the Government within 30 days as has been provided under section 3(3) thereof. In the absence of any such approval within 30 days the order of detention passed under section 3(2) of the ......f detention by the Government after the same has been approved. 15. In that view of the matter, we are of the view that the order of the Government extending the period of detention in exercise of jurisdiction under section 3(3) is illegal. The Government could, however, issue an order of detenti..Category: Criminal Law | Date: | Hits: 86
Syed Monirul Huda Chowdhury Vs. Fouzia Chowdhury and others, 1994, 23 CLC (HCD)
....cepted. The revision is thus devoid of any merit. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 47 DLR (AD) (1995) 10.......cepted. The revision is thus devoid of any merit. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 47 DLR (AD) (1995) 10.......cepted. The revision is thus devoid of any merit. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 47 DLR (AD) (1995) 10...Category: Property Law | Date: | Hits: 151
....er of Taxes.
The Deputy Commissioner on an examination of the statement of accounts, the balance sheet and other relevant documents and papers and on hearing the assessee in details determined the total income of the assessee at Taka 19,96,228.00 and while making assessment the Deputy Commissione......the Income Tax Act has been taken up for hearing today in presence of the learned Deputy Attorney General, Mr. AY Salehuzzaman appearing on behalf of the Commissioner of Taxes, Chittagong Zone in the absence of other previous Advocate Mr. AM Mahmudur Rahman who has since been elevated to the Bench.
......of deduction allowed on that, cannot be imported or read into it by doing violence to the provision of law. Further, this point of non- continuation of creditor business having gone to the root as to jurisdiction for assessment ought to have been raised before the Deputy Commissioner of Taxes and no..
Category: Fiscal/Taxation Law | Date: | Hits: 188
American Bureau of Shipping Vs. Commissioner of Taxes (South) Zone, Chittagong, 1994, 23 CLC (HCD)
....xable territories means as defined in section 2(14) (a) to be a territory comprising Bangladesh after 25th March, 1971 on and from 26th March, 1971. 14. Section 4 of the original Act provided that total income of any previous year of any person includes all income profits and gains from whatever ......l dispose of these three Reference applications namely, Application Nos. 80, 81 and 82 of 1992. There shall be no order as to costs. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 1. ......l dispose of these three Reference applications namely, Application Nos. 80, 81 and 82 of 1992. There shall be no order as to costs. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 1. ..Category: Fiscal/Taxation Law | Date: | Hits: 159
Abdul Ali and another Vs. State, 1977, 6 CLC (AD)
....e with the judgment of brother K. Hossain J. Order of the Court In view of the opinion of the majority the appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 58. ......e with the judgment of brother K. Hossain J. Order of the Court In view of the opinion of the majority the appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 58. ......ituted against an accused person must be tried under the provision of the Code and the said proceedings should not be generally interfered with at an interlocutory stage in exercise of the inherent jurisdiction provided under section 561-A of the Code. But a pertinent question maybe posed as to wh..Category: Criminal Law | Date: | Hits: 115
Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)
....at the appeal is allowed with costs. The judgment and decree of the High Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ......he correct state of things, as the plaintiffs desire the Court to believe on the said assertion. The burden of proof as to the genuineness of the Dakhila Ext. 4 series is undoubtedly upon them in the absence of any legislative provision to the contrary. There having been no legislative enactment req......case were pointed out in regard to the said finding and as such the said finding was binding upon the High Court in the Second Appeal. The learned Judges of the High Court clearly exceeded their jurisdiction as conferred by section 100 of the Code of Civil Procedure in taking the contrary view ..Category: Property Law | Date: | Hits: 97
Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)
....f Respondents No.5, 6 and 7 as members from Ward No.2 of Satarkul Union Parishad, within police station Gulshan, in Dacca, held on 13-1-77, was without lawful authority inasmuch as 6414 voters out of total 9939 voters were not allowed to cast their votes in the said election on the plea that they we......operate to the prejudice of another, the Court or the said body, as the case may be, is bound to observe the principle of natural justice in making the said order or to taking the said action, in the absence of any positive legislation dispensing with such observance' and must, therefore, give the p......tion Tribunal was the only forum to decide the dispute relating to an election held under the Local Government Ordinance, 1976 and the Union Parishad (Election) Rules, 1976 and the Civil Court had no jurisdiction to decide such a dispute. As against the order of the Subordinate Judge rejecting the p..Category: Civil Law | Date: | Hits: 111
....lt, therefore, is that subject to the observation made above, the appeal is dismissed. There shall, however, be no order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 1.
......lative has given to words a statutory definition in one statute, and has used the same words in a similar connection in a later statute dealing with the same subject matter, it may be presumed in the absence of any context indicating a contrary intention that the same meaning attaches to the words i......ite the clear words of the articles considered above, that the provisions of the Basic Democracies Order, 1959 are applicable only to the lands administered by the Union Council and are outside the jurisdiction of the Municipal Administration. Having regard to the provisions of the said order, w..
Category: Property Law | Date: | Hits: 114
Teli alias Mantu and others Vs. State, 2011, 40 CLC (HCD)
.... leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is Also Reported in: 21 BLT (HCD) (2013) 287. ...... leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is Also Reported in: 21 BLT (HCD) (2013) 287. ...... leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is Also Reported in: 21 BLT (HCD) (2013) 287. ..Category: Criminal Law | Date: | Hits: 103
Mokbul Hossain and others Vs. State, 2011, 40 CLC (HCD)
....e acquitted of charges leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ...... of starting the vacation. It was taken up for hearing on 17.4.2011, but no one appeared to press the appeal. In view of its long pendency for nearly fifteen years, we took it up for disposal even in absence of the appellants and allowed the learned Assistant Attorney General to make her submissions......e acquitted of charges leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 105
Al-Amin Vs. State, 2011, 40 CLC (AD)
.... liberty to take the petitioner into custody if he misuses of privilege of bail. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 84. ......in the murders. 4. Mr. Mizanur Rahman, learned counsel for the petitioner contended that the High Court Division erred in law in not confirming the ad-interim bail granted to the petitioner in the absence of any allegation of misuse of privilege of bail particularly when the police could not coll...... liberty to take the petitioner into custody if he misuses of privilege of bail. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 84. ..Category: Criminal Law | Date: | Hits: 96
Shameem Ara and others Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....Leave to Appeal were heard analogously and are disposed of by a single judgment by this Division. 3. The facts relevant for disposal of the petitions for Leave to Appeal are as follows: 4. In total 113 (one hundred thirteen) petitioners filed the above mentioned writ petitions before the H......t find any cogent reason to interfere with the impugned judgment of the High Court Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 78. ......t find any cogent reason to interfere with the impugned judgment of the High Court Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 78. ..Category: Employment/Service Law | Date: | Hits: 134
State Vs. Jahangir Mallik, 2008, 37 CLC (HCD)
....substantially as laid down i.e. to prove to hilt beyond all reasonable doubt on strength of clear, cogent, credible and unimpeachable evidence. Proof of charge must depend upon judicial evaluation of totality of evidence; oral and circumstances and not by an isolated scrutiny of evidence. Prosecutio......onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ......onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ..Category: Criminal Law | Date: | Hits: 87
....edure.
In view of foregoing narrative, the application is rejected summarily.
Office is directed to communicate the order at once.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 60.......edure.
In view of foregoing narrative, the application is rejected summarily.
Office is directed to communicate the order at once.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 60.......edure.
In view of foregoing narrative, the application is rejected summarily.
Office is directed to communicate the order at once.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 60...
Category: Property Law | Date: | Hits: 73
Hasen Ali and others Vs. Rustom Ali and others, 2009, 38 CLC (HCD)
.... Ali was the owner and was in possession of 1.971/2 acre, of land Amsory Bibi and Jobirar Nessa were the owners in possession of 1.641/2 acres and 1.64 acres of land respectively out of 5.26 acres of total land. Ayeb Ali died leaving behind his heirs, 8 sons defendant Nos.1-8 and a wife defendant...... making the preliminary decree final, in due course of law. There will be no order as to cost. Send down the LC Records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 54. ......Send down the LC Records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 54. ..Category: Property Law | Date: | Hits: 71
Pubali Bank Ltd. Vs. Farzana Begum and another, 2009, 38 CLC (HCD)
....nt appearing on the documents are not found similar, such difference might have been caused intentionally or it might also occur due to the long time gap from one to other. But for that reason, it is totally wrong to arrive at a positive finding that the defendant No. 1 did not receive loan money fr......and realise the same through the process of law. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 49.......and realise the same through the process of law. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 49...Category: Civil Law | Date: | Hits: 116
Jaymala Baroy @ Shamsun Naher Vs. Dilip Kumer Baroy, 2009, 38 CLC (HCD)
....st. The order of stay granted earlier by this Court stands vacated. Office is directed to send down the records of this case at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 48.......st. The order of stay granted earlier by this Court stands vacated. Office is directed to send down the records of this case at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 48.......st. The order of stay granted earlier by this Court stands vacated. Office is directed to send down the records of this case at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 48...Category: Civil Law | Date: | Hits: 130
Ayub Ali Khan Vs. Md. Abdur Raqib and others, 2009, 38 CLC (HCD)
....ion) is disposed of. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 46. ......ion) is disposed of. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 46. ......ion) is disposed of. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 46. ..Category: Civil Law | Date: | Hits: 92
Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
....of respondent No. 3 Agrani Bank under Borrower Code No. 4999. The petitioners by reason of the said CIB report are unable to obtain and renew various facilities from various banks, which is causing a total disruption and stoppage in the business of the petitioners. The CIB Report has been published ...... is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3-12-2000 is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 34. ......e plaintiff bank and whether the same has been accepted by the petitioner are matters of evidence. The points at issue now before us can well be decided at the time of trial of the suit but on a writ jurisdiction this question cannot be decided. Defendants will be at liberty to adduce evidence on th..Category: Civil Law | Date: | Hits: 121
Baby Masum & another Vs. Bangladesh Film Development Corporation, 2009, 38 CLC (HCD)
.... Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 29. ...... Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 29. ...... 12. We consider it pertinent to mention that the offences of "criminal breach of trust" and "cheating" as defined in sections 405 and 415 respectively of the Penal Code are often misconceived in our jurisdiction. This misconception leads to making allegations and taking cognizance of those two offe..Category: Criminal Law | Date: | Hits: 95
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