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Commissioner of Taxes, Chittagong Zone Vs. M/S. M. Ismail and Sons, 1982, 11 CLC (AD)
....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. ......et aside the assessÂment on the ground that the Income Tax Officer had not given any reason for sumÂmary assessment and directed the Income Tax Officer to made fresh assessment in accorÂdance with law. On the points of jurisdiction and limitation, the Appellate Assistant Commissioner, however, he..Category: Fiscal/Taxation Law | Date: | Hits: 104
Abdur Rashid and another Vs. Abdul Barik and another, 1983, 12 CLC (AD)
....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.......nsel, appearing for the appellants argues that a Court is not competent to pass a decree ex parte against a defendant when it is found that summons was not properly served upon him in accordance with law. He submits that the trial Court found that summons upon the defendants had not been served prop..Category: Property Law | Date: | Hits: 67
Shafiqur Rahman and others Vs. Nurul Islam ChowÂdhury and others, 1982, 11 CLC (AD)
....lt of confusion and absence of proper application of the legislative mind which, in our opinion, can be removed by further amendments of these two sections. 11. Pending such legislative action for amending the provisions of section 439 for removing the anomaly or conflict between the provisions o...... be the Court of Record, and shall have, in respect of the territories for the time being included in the Province of East Bengal, all such original, appellate and other jurisdicÂtion, as, under the law in force immediately before the appointed day was exercisable in respect of the said territory b..Category: Others | Date: | Hits: 135
Abu Saber Aziz Mohammad and others Vs. Government of Bangladesh and others, 1976, 5 CLC (AD)
....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.......m of settlement of Schedule A had failed and also because of the provisions of Presidents' Order No.137 of 1972 under which the right of accretion granted to the private individuals under the general law was purported to have been taken away. It having been argued before the High Court Division that..Category: Property Law | Date: | Hits: 75
Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)
....Judges of the High Court Division affirmed the decision of the Subordinate Judge on holding that the suit had been rightly held to have abated in view of President's Orders No.72, 135 and 137 of 1972 amending the provisions of Sections 86 and 87 of the State Acquisition and Tenancy Act, 1950. 8. ......reciate that the right to reformation in situ and the right of accretion are two distinct rights of different nature and it will be appropriate for the said purÂpose to follow the development of the law relaÂting to the said two rights in the light of their legislative history. 13. There has be..Category: Property Law | Date: | Hits: 133
Abdul Hannan Vs. Election Tribunal, Cox's Bazar, Chittagong & another, 1979, 8 CLC (AD)
....e is remanded back to the TribuÂnal for disposal of the case in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 191.......en mateÂrially affected" and therefore, directed the reÂ-election. This view of the Tribunal was upÂheld by the High Court Division on the ground that to do otherwise is to violate the sanction of law for maintainÂing secrecy of the voting in election and cited a decision reported in 17 DLR (196..Category: Election Law | Date: | Hits: 163
Md. Akram Ali Pk. and others Vs. Md. Yasin Ali and others, 2012, 41 CLC (AD)
....ed to examine whether the same has resulted in an erroneous decision occasioning failure of justice. 20. In the above case, the Appellate Division held as under: “There is one limitation in amending a plaint which is well recognized, that is, the nature and character of a suit cannot be ch......f plaintiffs’ easement right. The finding of the High Court Division that the nature and character of the suit would be changed by the amendment without elaboration of its finding cannot sustain in law. Amendment is always necessary to determine the real question of controversy between the parties..Category: Procedural Law | Date: | Hits: 100
M Fransis P Rojario alias Babu Vs. State, 2009, 38 CLC (HCD)
....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....... general members of The Metropolitan Christian Cooperative Housing society Ltd. (shortly the Society). He submits that the accused petitioners transferred the land according to the constitution and bylaws of the Society and approved by the Registrar of Cooperative Society. He referring to sections 8..Category: Criminal Law | Date: | Hits: 86
Salahuddin Ahmed Vs. State, 2009, 38 CLC (HCD)
....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.......son is that a criminal case actually starts from the date of taking cognizance and issuance of the process. Before cognizance is taken, there is virtually no pending criminal proceeding in the eye of law. So a non-existent criminal proceeding cannot be subject matter of quashment. In this respect, r..Category: Criminal Law | Date: | Hits: 61
Jahangir Alam Chowdhury (Md.) Vs. Zabun Nahar Chowdhurani and other, 2008, 37 CLC (HCD)
....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. ......rabia 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 decree as alleged by the defendants. The father-in-law of plaintiff Dr. Md. Jahangir Alam Chowdhury advised him through different letters not to send m..Category: Family Law | Date: | Hits: 167
Nurun Nabi (Md.) Vs. Md. Abu Taher Khan and another, 2009, 38 CLC (HCD)
....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. ......earing for the accused-petitioner mainly submits that the complainant having served single notice dated 19-4-2007 for 3(three) cheques, hence the proceedings initiated thereupon is not sustainable in law and that the continuation of the said proceedings under section 138 of the Negotiable instrument..Category: Criminal Law | Date: | Hits: 86
Khalil @ Khalilur Rahman and others Vs. State, 2008, 37 CLC (HCD)
....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. ......f independent witnesses and that the prosecution failed to prove the case against the accused beyond all reasonable doubt and that the impugned Judgment and order of conviction and sentence is bad in law as well as on fact and, as such, the impugned Judgment and order is liable to be set aside. 1..Category: Criminal Law | Date: | Hits: 116
Atahar and others Vs. State, 2007, 36 CLC (HCD)
....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. ...... convicting and sentencing the accused appellants under sections302/34 of the Penal Code. 17. To appreciate the legality and impropriety of the impugned Judgment, it is necessary to scrutinize the law and evidence relating to the facts of the case. 18. The allegation against the accused appell..Category: Criminal Law | Date: | Hits: 66
Momena Khatun and othÂers Vs. Hussain Fabrics Ltd. and others, 2010, 39 CLC (HCD)
....lier at the time of issuance of rule is here by vacated. Communicate this order at once. Sent down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 66.......oral and documentary annexed with the application by sending the suit back on remand. 10. At first we are very sorry to mention that the learned Judge delivered the judgment not in accordance with law. The plaintiffs in order to prove their case produces before the Court number of docÂuments inc..Category: Property Law | Date: | Hits: 78
....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.
......ndents to show cause as to why the impugned judgment and decree dated 14‑5Â-02 (Annexure D) passed by the respondent No. 1 in Title Suit No. 165/01 should not be declared to have been made without lawful authority and is of no legal effect.
2. The facts as stated in the writ petition are that,..
Category: Property Law | Date: | Hits: 173
Hanif Shaikh (Md) Vs. Government of BanglaÂdesh and others, 2004, 33 CLC (HCD)
....nced by Annexure E to the writ petition, is hereby declared to have been passed and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 645. ......€‘4/02/423 dated 4‑7‑2002 passed by the respondent No. 2 cancelling the declaration of "Dainik Uttarbanga Barta" evidenced by Annexure E to the writ petition, should not be declared to be without lawful authority and of no legal effect. The Rule has been opposed, but no affidavit-in-oppositio..Category: Information Technology Law | Date: | Hits: 282
Ruhul Amin Kha Vs. State, 2004, 33 CLC (HCD)
....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....... to withdraw those cases proved unsuccessful the accused became infuriated. On the date of occurrence the informant and his sister Shamima Nasrin after making election campaign for his brother‑in‑law came back at night and slept with said two witness Nos. 2 and 3 (Shamima Nasrin and Sultana Razi..Category: Criminal Law | Date: | Hits: 64
....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.
...... wages and Eid bonus on 8‑2‑1997 and for causing loss of the Company's property charge was framed under section 17(3) of the Act and he was asked to show cause within 3 days as required under the law and the reply of the respondent No. 2 was not satisfactory and the matter was inquired into by t..
Category: Labour and Industrial Law | Date: | Hits: 188
National Life Insurance Company Ltd. Vs. Controller of Insurance, 2002, 31 CLC (HCD)
.... plus one managing director would be impossible to support. The respondent by memo dated 2‑6‑1996 advised that Âthe total number of directors be limited to 33 with each group having 11 directors amending the Articles of Association and another letter dated 19-Â5‑1997 of the respondents asked...... the respondent to show cause as to why the Memo dated 11‑3‑1999 by the respondent imposing fine on the petitioner Annexure O to the writ petition should not be declared to have been done without lawful authority and is of no legal effect. 2. The case of the petitioner National Life Insurance..Category: Business or Commercial Law | Date: | Hits: 271
Tareq Shamsul Khan alias Himu & others Vs. State, 2004, 33 CLC (HCD)
.... ‑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.......tijheel PS Case No. 39(1)01 while one Moazzem Hossain as informant lodged a first information report against a particular person along with others alleging the offence under the aforesaid sections of law, which was tagged with Motijheel PS Case No. 39 dated 13‑2‑2001, as it relates to same fact ..Category: Criminal Law | Date: | Hits: 71
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