Search Options
Judgment Advanced Search
Displaying 281-300 of 978 results.
....ash;
In the instant case, where the DCT is accepting a return and issuing a receipt which is being treated as an assessment, no doubt, the DCT is passing an order about the correctness and completeness of the return. Therefore, it cannot be said that the IACT has no jurisdiction to pass a......o the interest of the Government revenue and the error of the DCT must be an error of law and not an error on facts………. (16)
Lawyers Involved:
Sarder Jinnat Ali, Umbar Ali, Ali Akbar Khan and Delwar Hosin—For the Petitioner.
S. Rashed Jah..
Category: Fiscal/Taxation Law | Date: | Hits: 0
Rai Kishori Saha Vs. Md. Motaleb Ali and Others, 1892, 11 CLC (HCD)
....f 1937); Section 3 State Acquisition and Tenancy Act (XX VIII of 1951); Section 96 Right to claim preemption a Hindu Widow – During the period of her life time a Hindu widow is a complete owner and co-share of any property or holding in question, with the right to claim partitio......he State Acquisition and Tenancy Act is restored. This Rule is, therefore, made absolute without any Order as to cost. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)178 ..Category: Property Law | Date: | Hits: 3
Engineer Shaikh Rubaiyet Islam Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....ill No.5 and ultimately respondent No.4 after completion of 98% of the work illegally cancelled the aforesaid contract on 15-10-1993. The work of construction of the Equipment Workshop and Garage was completed and accordingly respondent issued completion certificate on 5-12-1990. As per terms of con......etition like the present one regarding a past and closed matter. The petitioner raised some disputed questions of facts, which cannot be decided under writ jurisdiction. That the writ petition is barred under section 49 of the Mongla Port Authority Ordinance, 1976. Mongla Port Authority issued t..Category: Alternative Dispute Resolution | Date: | Hits: 96
Md. Rafiqullah & another Vs. State, 1986, 15 CLC (HCD)
....ack for rectification and the period under wrong charge sheet cannot be counted in the disposal of the case. This section (339C of Cr.P.C.) clearly indicates that the trial Court should receive the complete case record for trial without any defect so that the same may be disposed of within the s......, reported in 1984 BLD (AD) 1 it has been observed by the Appellate Division: In view of our decision in Criminal Appeal No.9 of 1981 second revision before the High Court Division is completely barred under sub-section (4) of section 439 of the Code... ... ... ... It appears that in the cause ..Category: Criminal Law | Date: | Hits: 144
Rafiq Hasan alias Biplob Vs. State, represented by the Deputy Commissioner, 1995, 24 CLC (HCD)
....ication. 9.We have considered the provisions of 339C(4) of the Code of Criminal Procedure wherein it was incumbent upon the Special Tribunal to allow the appellant to go on bail since he could not complete the trial as per provision of section 339C(4) of the Code Criminal Procedure. In fact, the ...... satisfaction of the Deputy Commissioner, Dhaka. The connected Rule being Criminal Revision No.1504 (R)/94 is disposed of accordingly. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 274. ..Category: Procedural Law | Date: | Hits: 72
Dabiruddin Mia and others Vs. Mothaharuddin Miah and others, 2006, 35 CLC (HCD)
....cument registered under section 60 of the Registration Act. There is no hand of the seller or purchaser in the process of completion of registration. It is the domain of the registration authority to complete registration of a deed. The seller is free after execution and presentation of the deed for......is set aside and the miscellaneous case is dismissed. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 180. ..Category: Property Law | Date: | Hits: 38
....urther earthfilling; that it is not required to direct RAJUK to restore the original position of the lands to the extent of taking step under section 8(2) of Ain, 2000 and that MMT having nearly been completed the project by arranging money from financial institutions, it is necessary for keeping an......e, such as, dwelling, single/multifamily, MMT is entitled to continue with its housing project on procuring necessary approval from RAJUK; that the development of lands in Sub- Flood Flow Zone is not barred; that only permission that will be required if the structures are built on land raised above ..
Category: Environmental Law | Date: | Hits: 434
Momin Miah & others Vs. Md. Shafiullah Patwari and others, 2007, 36 CLC (HCD)
....ression occurs. It is not desirable nor permissible to pick out a word or sentence from a Judgment of Superior Court divorced from the context of the question under consideration and treat it to be a complete law declared by Court. I shall not make an idle parade of discussing those Judicial decisio......oceeding land by earth long after institution of Pre-emption Miscellaneous Case. 5. Over pleadings the following issues had been framed: i. Is suit as framed maintainable? ii. Is the suit barred by limitation? iii. Is the order dated 20-4-1988 passed in Pre-emption Miscellaneous Case ..Category: Property Law | Date: | Hits: 64
Advocate Manzill Murshid and others Vs. Bangladesh, 2011, 40 CLC (HCD)
....stem “12th Edition, authored by Prof Garry Slapper & David Kelly; “Judges hold a position of central importance in relation to concept of Rule of Law. They are expected to deliver Judgment in completely impartial manner through a strict application of the law without following their personal......rio in the realm of the Supreme Court Judges’ salary, independence of the Judiciary may turn out to be a distant dream. 3. The petitioners being conscious citizens and respectable members of the bar are seeking direction upon the respondents requiring the latter to implement the recommendation,..Category: Constitutional Law | Date: | Hits: 413
Md. Golam Mostafa Vs. State, 2010, 39 CLC (HCD)
....rds from the Bank in connection with the pledged goods, stock register and inventory reports etc. The learned Court by another order dated 15.01.2007 kept the said petition on record and proceeded to complete the trial. 5. Besides the above, the accused-petitioner has also submitted a Supplementa......hence continuation of the Special Case No.24 of 2004 now pending in the Court of Special Judge, Bogra, clearly amounts to abuse of the process of the Court and that continuation of such proceeding is barred by the provisions of section 26 of the General Clauses Act, 1897, as because the Judgment and..Category: Criminal Law | Date: | Hits: 97
Md. Arfan Khan Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....pressing material facts relating to service of notice. 12. On careful examination of the Immigration Ordinance, 1982 it appears that section 13 (1) of the same is a prohibitory clause which puts a complete bar on transferring or assigning to any other person or entity to use the same, while secti......material facts relating to service of notice. 12. On careful examination of the Immigration Ordinance, 1982 it appears that section 13 (1) of the same is a prohibitory clause which puts a complete bar on transferring or assigning to any other person or entity to use the same, while section 14 (1)..Category: Constitutional Law | Date: | Hits: 407
Mostafizur Rahman (Md.) Vs. State, 1993, 22 CLC (HCD)
....eeded with the trial of the case in absentia under section 339B(2) of the Code of Criminal Procedure and in the absence of the accused, charge was framed, evidence was taken, even 342 examination was completed and a date was fixed for argument and on that date the Court was informed that the accused......ence that my be passed against him. Let the records of the case be sent down expeditiously with a copy of this Judgment and order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 422. ..Category: Criminal Law | Date: | Hits: 110
Haji Mohammad Salim Ullah Vs. State and another, 2009, 38 CLC (HCD)
....ding the business between the parties and subsequently they stopped the business; that thereafter the opposite party No.2, Arshadul Shafi requested the accused petitioner Haji Mohammad Salim Ullah to complete the accounts of the business but the accused petitioner refused to do so as a result he app......nal Procedure. The Rule thus fails. In the result, the rule is discharged. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 416. ..Category: Criminal Law | Date: | Hits: 107
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....sted and deported in the midst ofTaher’s trial. On the 30th Anniversary of Taher’sexecution I spoke at a memorial gathering atDhaka University in which I described how aneffort was made to impose complete and totalcensorship of the trial. (See “The Trial of ColonelAbu Taher” by Lawrence Lifs......tial law tribunal were but devoid of legal sanction and as such, of no effect in law as being repugnant to the Constitution. They also assert that the whole notion of camera trial, oath of secrecy, embargo on appeal are palpably abhorrent not only to our Constitutional Scheme, but also to minimum te..Category: Criminal Law | Date: | Hits: 154
Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)
....ich such expression occurs. It is neither desirable nor permissible to pick up a word or sentence from the Judgment divorced from the context of the question under consideration and to treat it to be complete law declared by Court……………………………………(18) Administration of Cr...... 14 of Druta Bichar Tribunal Act of 2002. Convicts shall be referred to hereinafter as convict appellants. 16. Sustainability of conviction and sentence awarded upon convict-appellants has been bombarded pressing into service a good number of contentions. Of those, core contentions are catalogued..Category: Criminal Law | Date: | Hits: 83
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
....ount of the respondents. The further case of the respondents is that the Siemens, the defendant respondent of the present appeal made part payment on two occasions and thereafter when the project was completed and full payment was realised by the Siemens they in collusion with the bank did not make ......ual aspect made up to be similar in both the cases but it was assumed different dimension in the instant suit. Therefore, by no stretch of imagination it could be said that the instant suit is either barred by the principles of estoppel and/or by doctrine of estoppel. The learned advocate further su..Category: Civil Law | Date: | Hits: 87
....nation) Ordinance, 1986 which has been amended by Act No.XVH of 1994 inserting the definition of worker in section 2(c) and also inserting the age limit of retirement of such worker when he/she would complete 60 years of age by section 144. He submits that from the date of birth i.e. on 1.1.1949 the......cted to pay the salary and other benefit to the petitioner in accordance with law.
10. However, there will be no order as to costs.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 19.
..
Category: Criminal Law | Date: | Hits: 143
Transfin Trading Ltd. Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)
....r home consumption, or on any goods entered for exportation, for the reason that the goods required chemical or other test or a further enquiry for purposes of assessment, orthat all the documents or complete documents or full information pertaining to those goods have not been furnished an office......ase that was not done. He further submits that the respondent issued the impugned notice on 22-6-2003, and 07-9-2004 which are long after 150 working days, therefore, the impugned order is illegal as barred by limitation. 10. On the other hand, Mr. Abu Saleh Md. Fazle Rabbi, the learned Assistant..Category: Fiscal/Taxation Law | Date: | Hits: 194
Shah Alam (Md.) Vs. Bangladesh Water Development Board, 2012, 41 CLC (HCD)
.... Change alignment of the respective design and for that, quantum of work was enhanced; from 30-4-1988 plaintiff started his work according to the aforesaid work Order being No.834 dated 24-3-1988 and completed 9% of work which is evident by the progress report dated 26-3-1989 prepared by Sub-Divisio......rom the record that the defendant-petitioner appeared in Court on 3-2-1999 and after taking several adjournments filed the written objection on 28-3-2000 which is, in our opinion, not at all time barred. It also appears from the impugned Order dated 7-5-2000 of the Court below that the Court not..Category: Civil Law | Date: | Hits: 195
Harunor Rashid Halder Vs. Entaj Sheik & others, 1983, 12 CLC (HCD)
....as illegal and without jurisdiction hence be set aside and the original proceeding drawn up by the Magistrate be restored and the order of attachment passed earlier be continued till the inquiry is completed by the Magistrate under the provision of law. 5. Mr. M.A. Sattar, the learned Advocate ......ious proceeding so also be relegated his heirs and successors-in-interest. All they had to do is to fight it out before a Civil Court. 13. It is true that mere pendency of a civil suit shall not bar a proceeding under section 145 Cr.P.C. but that would depend on the circumstances of each case a..Category: Criminal Law | Date: | Hits: 88
97009541842084158397838383668357835383488329831982828262825682478219821682128210