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Category: Property Law | Date: 30 Jul, 1975 | Hits: 3
M/s. Friends Corporation Dacca Vs. Commissioner of Income Tax, 1975, 4 CLC (HCD)
.... submitted to us in the negative. We make no order as to costs. A.S. Faizul Islam Chowdhury J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 566 ......red in the negative. Cases Referred To- Ata Hussain Khan Vs. C.I.T., Dacca (1968) XVIII Taxation, 2; S. Veeriah Reddiar Vs. C.I.T., Travancore-Cochin, Bangalore (1960) 2(III) Taxation 130; Pandit Brothers Vs. C.I. T" Delhi (1954) 26 I. T. R., 159; Commissioner of Income Tax Vs. McMill......ents, although there is nothing in the Income-tax Act itself requiring the assessing authority to disclose to the assessee the material on which he proposed to act or to refer to it in the order, but natural justice demands that he should draw the assessee's attention to it before making the ord..Category: Fiscal/Taxation Law | Date: 7 Jul, 1975 | Hits: 2
Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5
Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)
....the rule with costs. Order In accordance with majority view the rule is discharged with costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 275 ...... Result: The rule is discharged. Cases Referred to- Md. Swaleh Vs. U.G. & Fodder Agencies (964) 16 DLR (SC) 155; Mushtaq Ali Vs. Khushi Muhammad PLD 1961 Lahore 792; Hariram Rewachand Vs. Pribhdas Mulchand and others AIR 1945 Sind 98; Sangram Singh, Vs. Election Tribunal Kotah an......ntage of his own wrong. No such condition is available here. On the other hand, Max well, 9th Ed. at page 221, says inter alia that when some object of public policy is in view, the word receives its natural full force and effect. The preamble of the Presidential Order records, that due to the reign..Category: Property Law | Date: 11 Apr, 1975 | Hits: 4
Mafu alias Mafizuddin Gazi Vs. The State, 1975, 4 CLC (HCD)
....ed since the prosecution failed to prove, the charge against them beyond all' reasonable doubt. His other contentions are "that all the P.Ws. are interested persons whereas the competent and disinterested "person who could have given evidence in this case have been left out by the pros......nt Vs. The State……………………....................Respondent Judgment January 21, 1975. Result: The order of conviction and sentence is set aside. Lawyers Involved: Rafique Rahman—For the Appellants. ......ted that they all be set at liberty at once if not wanted in any other case. The appeal is allowed. A.T.M. Masud J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 16 ..Category: Criminal Law | Date: 21 Jan, 1975 | Hits: 2
Category: Banking Law, Contract Law | Date: 9 Jan, 1975 | Hits: 3
Mir Alauddin Ahmed Vs. Province of E. P. (Bangladesh) & others, 1973, 2 CLC (HCD)
....de absolute. There will be no order as to costs. Fazle Munim J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 393 ......made absolute. Government Service- Dismissal of on the ground of Corruption practice The petitioner was charged under the allegations of misconduct, gross interference with the office work and corrupt practices under the East Pakistan Government Servants (Efficiency and Discipline) Rules,......a proposal for inflicting a major punishment on a servant of government has been initiated, proceedings against him are conducted in a manner which does not give the impression that the principles of natural justice and fair play were observed. The appellate authority recorded the aforesaid finding ..Category: Administrative Law, Employment/Service Law | Date: 13 Jul, 1973 | Hits: 1
Most. Renu Begum Vs. Khandoker Enamul Mowla and others, 2011, 40 CLC (HCD)
....ot turn to cross-examine any of the witnesses. 18. Long line of Judicial pronouncement of this Sub-continent is that if a witness is otherwise found be reliable or independent or non-partisan or disinterested, the evidence of such alone witness can be taken as the foundation in making decision ......13) 58. ......als of land at Mouza Ashulia, Savar S.A. Khatian No.357, S.A. Plot No.525 as described in the schedule of the plaint in the name of his minor daughters, defendant Nos.1-2; that the defendant No.3, as natural guardian of minors executed a bainapatro for sale on 15.12.2000 on receipt of Tk.15,000/- ou..Category: Evidence Law | Date: | Hits: 6
Category: Constitutional Law | Date: | Hits: 2
Category: Evidence Law | Date: | Hits: 7
Md. Moshiur Rahman Khan Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (HCD)
....ew of the above discussions and reasoning we do not find any merit in this Rule. Accordingly, the Rule is discharged without Cost. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 284. ......iction) Present: Md. Imman Ali J Md. Abu Tariq J Md. Moshiur Rahman Khan, Son of A.K.M. Altaf Hossain Khan, Elected Chairman of Bangladesh Mudran Shilpa Samity, 120, Arambagh, Dhaka-1000 and others ………………Petitioner S.M. Mohsin, Son of Md. Rezaul Haque Sarker, Senior Vice-......a manner which violates any provision of law. 27. While this Court appreciated the argument that a public body while passing and order touching the interest of the citizen must follow the rules of natural justice and its relevant duty to act fairly and with reasonableness as enunciated not only b..Category: Business or Commercial Law | Date: | Hits: 72
Joynal Abedin Vs. State, 2011, 40 CLC (HCD)
....not be exercised to quash the Judgment. The Rule fails. In the result, the Rule is discharged. Let the LCR sent down immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 393. ...... No.5566 of 2007. Judgment Siddiqur Rahman Miah J.- This Rule arises out of an application filed by the petitioner under section 561A of the Code of Criminal Procedure for quashing the Judgment and order dated 24-1-2007 passed by the learned Judge, Special Tribunal No.3. Chittagong in Special ......iable evidence and that his Judgment does not suffer from any misreading and non-reading of evidence. The learned Assistant Attorney-General further submits that all the prosecution witnesses are natural, probable and competent witnesses and there is no internal point of falsehood in their evide..Category: Criminal Law | Date: | Hits: 36
Category: Environmental Law | Date: | Hits: 362
Narayan Dash Vs. Md. Mostofa and others, 2007, 36 CLC (HCD)
....t is hereby affirmed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 63. ...... (2008) 63. ......w also found that the resolution dated 14-6-1997 does not show that the plaintiff was given an opportunity of self-defence and that the order of removal of the plaintiff is against the principle of natural justice. Trial Court relied on the decision in the case of Rafiqul Alam Vs. Secretary, Minis..Category: Employment/Service Law | Date: | Hits: 29
Engineer Shaikh Rubaiyet Islam Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....e result, the writ petition fails on the ground of incompetency. Accordingly the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 447. ...... Vs. Bangladesh & others……………………Respondents Judgment April 11, 2010. Result: The rule is discharged. Cases Referred to- Bangladesh Water Development Board and others Vs. Golam Rabbani Khan and others, in Civil petition for Leave to Appeal No.1354 of 2006;......, Kapatakha Engineers and Construction Ltd. The said company is a juristic person, who can sue or be sued in its name. But the present writ petition has not been filed by the said company, rather a natural person in his individual capacity, who has no cause of action, has filed the present writ pe..Category: Alternative Dispute Resolution | Date: | Hits: 96
Sheringir Mollah and others Vs. State, 2006, 35 CLC (HCD)
....tted of the charge levelled against them. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 341. ......d. This Case is also Reported in: 13 MLR (HCD) (2008) 341. ......efence case as it transpires from the trend of cross-examination of the prosecution witnesses is that of innocence and false implication. The definite case of the defence was that the deceased died a natural death. To feed the political rivalry out of grudge and enmity at the behest of the rival gro..Category: Criminal Law | Date: | Hits: 127
Yunus Ali and another Vs. State, 2008, 37 CLC (HCD)
....Tribunal in order to serve out the remaining period of their respective sentence. Send down the LCR with a copy of judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 793. ......Case is also Reported in: 61 DLR (HCD) (2009) 793. ......lants on the basis of the most cogent and reliable evidence and his judgment does not suffer from any misreading and non-reading of evidence. He further submits that all the prosecution witnesses are natural, probable and competent witnesses and there is no internal point of falsehood in their evide..Category: Criminal Law | Date: | Hits: 134
Jamuna Builders Ltd. Vs. Abdul Barek Chowdhury and others, 2006, 35 CLC (HCD)
.... of receipt of this order. Communicate this order at once with a copy of Judgment for information and for taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 300. ...... Jamuna Builders Ltd., represented by it's Managing Director, Md. Nurul Islam………………………………………………………Defendant No.22 Petitioner Vs. Abdul Barek Chowdhury and others………………………………………………………..Opposite parties Judgm......arned Advocate, appearing for the petitioner supports the Rule and submits that the petitioner was not given an opportunity of being heard and to cross-examine the P.Ws.2-5, which is the violation of natural justice. The learned Counsel lastly submits that the learned Judge of the trial Court failed..Category: Property Law | Date: | Hits: 58
Md. Abul Kashem and others Vs. Mst. Robila Khatoon and others, 2010, 39 CLC (HCD)
.... obligation to establish that Insun Bibi was born in the womb of Khanto Bibi. From the evidence adduced by the plaintiffs it appears that except P.W.1, an interested witness, no other independent and disinterested witness was examined to corroborate the evidence of P.W.1. From the evidence of other ......rds. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 166. ......he interim order passed at the time of issuance of the Rule is hereby re-called and vacated. Send down the lower Court's records. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 166. ..Category: Property Law | Date: | Hits: 52
Abdul Hamid Mollah Vs. Md. Abdul Hye and others, 1997, 26 CLC (HCD)
....ent and decree dated 29‑8‑88 passed by the learned Assistant Judge, Kumarkhali, Kushtia is set aside without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 428. ...... ...... Vs. Muslim Khan and others reported in 8 DLR 606. The relevant portion of the said Judgment regarding the scope of section 41 of the Transfer of Property Act reads as under: "It is a principle of natural equity which must be universally applicable that, where one man allows another to hold himse..Category: Civil Law | Date: | Hits: 59