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Shahidul Alam VS. Government of Bangladesh and others, 1994, 23 CLC (HCD)
.... on the detenue are all false, baseless, vague and uncertain and indefinite, that the so called grounds are merely conclusion of the detaining authorities expressed as grounds in order to attract the provision of the said Special Powers Act to detain the detenu. He has taken us through the Annexure-......Prisons) Dhaka Central Jail, Dhaka to show cause as to why Mr. Stefan Pirker, a foreign national, should not be released from custody on the ground that he had been detained illegally and without any lawful authority. 2. Facts, in brief, are, that the petitioner is a friend, well‑wisher and emp..Category: Criminal Law | Date: | Hits: 200
Iskander Lasker Vs. District Magistrate, Jessore and others, 1994, 23 CLC (HCD)
....an, learned Advocate for the petitioner, submits that the order of detention having been made on 12.5.93 the same has lost its force with the expiry of 30 days from the making of said order under the provision of section 3(3) of the Special Powers Act, and, as such, the detenu is being held in custo......rder or orders passed as to this Court may seem fit and proper. 2. The petitioner, a cousin of the detenu, filed the application under section 491 of CrPC stating, inter alia, that the detenu is a law abiding citizen and a well behaved reputed businessman in the locality owning a grocery shop and..Category: Criminal Law | Date: | Hits: 86
Syed Monirul Huda Chowdhury Vs. Fouzia Chowdhury and others, 1994, 23 CLC (HCD)
....f Contract on the basis of oral agreement, amendment was sought for claiming damages for breach of contract. Their Lordships of the Privy Council held as under: "All rules of Court are nothing but provisions intended to secure the proper administration of justice, and it is therefore essential th...... re‑arrangement of the facts in the plaint to their proper perspective and necessary for appropriate relief. The impugned order is not explicit but it is impliedly very clear and in accordance with law. 11. In the aforesaid premises the arguments of Mr. Kazi Shahadat Hossain does not inspire an..Category: Property Law | Date: | Hits: 151
....rading liability of Taka 25,68,022.00 under a section 10(2A)(iii) of the Income Tax Act holding that there was no cessation of business between the assessee and the parties in view of the unequivocal provisions of section 10(2A) of the Income Tax Act."
3. Facts, in short, are that the respondent ......t case is a limited Company carrying on business under the name and style of Mohammadi Trading Company, which has subsequently been nationalised after the liberation of Bangladesh.
The question of law referred to is:
"Whether on the facts and in the circumstances of the case, the Tribunal was ..
Category: Fiscal/Taxation Law | Date: | Hits: 188
American Bureau of Shipping Vs. Commissioner of Taxes (South) Zone, Chittagong, 1994, 23 CLC (HCD)
....ed in ITR No. 1574 (Bom) of 1974‑75 and IT No. 1212 and 1213 (Bom) 1975‑76 came to the finding that only lawful means of taxing a non‑resident company with worldwide operation, is to invoke the provision of section 42(3) of the Act and none else. The only course open to the Taxes Authorities i......for business in Bangladesh cannot be allowed on the theory that no foreign income earned outside Bangladesh can be taken into account for computing taxable income in this country. 3. The points of law referred to by the assessee in this Reference Application No. 80 of 1992 are many in number but ..Category: Fiscal/Taxation Law | Date: | Hits: 159
Abdul Ali and another Vs. State, 1977, 6 CLC (AD)
....-sheet constituted any offence within the meaning of Martial Law Regulations No.1 of 1975, he refers only to Habibur Rahman, one of the charge-sheeted accused, as a public servant so as to make the provisions of Martial Law Regulations applicable to the present case. 13. The learned Judges of...... affecting the pecuniary interests of the ‘Government’ or to make, authenticate or keep any document relating to the pecuniary interest of 'the Government' or to prevent the infraction of any law of the protection of the pecuniary interest of the Government, and every officer in the service ..Category: Criminal Law | Date: | Hits: 115
Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)
.... any had been extinguished by the advance possession of the plaintiffs. 9. Special leave to appeal was granted by the Supreme Court of Pakistan on the question as to whether, having regard to the provision of section 48(g)(3) of the Bengal Tenancy Act, the interest of Mainuddin was a protected i......reement with the aforesaid finding on the view that in judging this question the said Court had committed an error in regard to the burden of proof and that, as such, their finding was not tenable in law. We do not think that the learned Judges of the High Court were correct in their view that the f..Category: Property Law | Date: | Hits: 97
Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)
....which the suit was set down for hearing only on the question of its maintainability without giving an opportunity to the contesting defendants of being heard and secondly, that having regard to the provisions of Order 14, rule 2 and Order 15, rule 3(1) of the Code of Civil Procedure, the learned J......appeared for the petitioner and Mr. N. U. Haider, was also present to oppose this petition on behalf of Respondents No.1 and 2. Since this petition has raised some important questions of procedural law but at the same time the dispute which has arisen in respect of the election to certain offices ..Category: Civil Law | Date: | Hits: 111
Musammat Khaleda Razia Khanam and others Vs. Mahtabuddin Choudhury and others, 1977, 6 CLC (AD)
....ing that the Kabala executed by the heirs of Hasan Banu in favour of Abdur Rashid were genuine deeds and Abdur Rashid acquired the interest of Hasan Banu by the said deeds and that by virtue of the provision of section 43 of the Transfer of Property Act the plaintiff was entitled to claim the said......e disputed Kabalas were not paper transactions and that the finding of the trial Court was contrary to the evidence on record. The Court of appeal below does not appear to have committed any error of law or procedure in coming to the finding that the disputed Kabalas were genuine documents and t..Category: Property Law | Date: | Hits: 102
....lising amount in excess Rs. 36/-per year payable under the deed of lease dated 29-6-57. The appellant contended in the said application that the lease in his favour was not a tenancy under any of the provisions of East Bengal State Acquisition and Tenancy Act and that the terms and conditions were e......he Provisional Constitutional Order, 1969 read with Article 98 of the late Constitution of Pakistan for a declaration that the notice asking the appellant to make payment of Rs. 82/26 was without any lawful authority and also for a direction restraining Respondent No. 2 from realising amount in exce..
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. ......im with a Chinese axe on his jaw. At the time of their retreat, he recognized all the appellants namely, Teli, Sabu, Intaz, Hamu and Chana and disclosed their names to his wife, brother and sister-in-law (wife of brother) just after they had fled. 10. P.W.7 Jarip Uddin stated that at the night of..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: ......ccused to prove themselves innocent. He was to see whether the prosecution was able to prove its case beyond reasonable doubt, and whether the confessional statements were recorded in accordance with law and were made voluntarily. It is pertinent to see that the appellants were arrested and taken on..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. ......ng agency in their forwarding report alleged that he actively participated 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..Category: Criminal Law | Date: | Hits: 96
Shameem Ara and others Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
.... the College and by the Jagannath University Act, 2005 (the Act of 2005) the Government Jagannath College was upgraded to a University, namely Jagannath University. Section 56 of the Act, 2005 enacts provisions regarding the abolition of the Government Jagannath College and the consequent effect on ......teachers and officers etc. is a choice for them to continue on deputation for upto 5 (five) years on condition that during their academic career they did not have any 3rd class qualification. The law also gives them the benefit of relaxing the age qualification and retaining their salary scale i..Category: Employment/Service Law | Date: | Hits: 134
State Vs. Jahangir Mallik, 2008, 37 CLC (HCD)
....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. ...... by and dissatisfied with the judgment and order dated 27-4-2005, condemned prisoner preferred jail Appeal No. 421 of 2005 before this Court. 10. Mr. Hafizur Rahman Khan, the learned State defence lawyer appearing on behalf of the condemned prisoner Jahangir Mallik, took us through the FIR, charg..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.......ing for any act of defendants during subsistence of his period of lease the only remedy for him was to ask for compensation. He cannot prevent a public authority from carrying out its functions under law by taking out an injunction from the Court. Therefore, I failed to discover any merit in the sub..
Category: Property Law | Date: | Hits: 73
Hasen Ali and others Vs. Rustom Ali and others, 2009, 38 CLC (HCD)
.... 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. ....... In case the parties fail to get such land partitioned by metes and bounds within 60 days from date the plaintiffs shall be entitled to pray for 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 ..Category: Property Law | Date: | Hits: 71
Pubali Bank Ltd. Vs. Farzana Begum and another, 2009, 38 CLC (HCD)
....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....... to file the present suit on 21-8-1990 claiming the said amount together with the interest at the rate of 20% to be calculated till realization by selling out the mortgage property in accordance with law. 3. The defendant No. 1 contested the suit by filing a written statement and she was also exa..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.......s exercise and it will be increase the litigations between the parties. Therefore, the Court of appeal below after appreciating the materials on record, by dismissing the appeal committed no error of law. 5. Moreover, the impugned judgment and order in its entirety are well founded in the facts a..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. ...... as a Nikah Registrar at Ward No. 17 but he has been acting as imam in a mosque situated at Ward No. 4. So, in my view, plaintiff was not acting as a Nikah Registrar at Ward No. 17 in accordance with law till his resignation dated 12-11-2003. 7. On appraisal of materials on record it clearly indi..Category: Civil Law | Date: | Hits: 92
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