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Abdus Sukur (Md.) and others Vs. Bhasani Mandal and another, 2001, 30 CLC (HCD)
....gment and decree dated 24-5-1998 and 31-5-1998 respectively, exhibit 12 and 12 (ka) obtained by defendant No.1 from 3rd Court of Additional Assistant Judge at Dhaka in Title Suit No. 51 of 1997 and also for declaration that those are not operative against and binding upon the plaintiffs. 3. Plain......ic Relief Act must be a relief flowing directly and necessarily from the declaration sought and a relief appropriate to and necessarily consequent on, the right or title asserted. Sometimes, it is called consequential relief and a relief is said to be consequential only when the relief of declara...... documents were marked as exhibits 1 to 12 series while those of the defendant No.1 exhibit No. ‘Ka’ to ‘Ja’. But Parul Bala did neither contest the suit nor appeared as a witness. 7. The trial Court decreed the suit as prayed for. On appeal by said defendant No.1, the Court of appeal be......53 DLR (HCD) (2001) 452...Category: Property Law | Date: | Hits: 75
State Vs. Md. Shamim alias Shamim Sikder and others, 2000, 29 CLC (HCD)
....que and 7 others, 44 DLR (AD) 287; Abdul Quddus Vs. State, 43 DLR (AD) 234; Chowla Vs. State of Haryana, AIR 1974 (SC) 1039. Lawyers Involved: Syed Ziaul Karim, Advocate—For the Condemned Prisoner-Appellants. Shamsul Alam, Advocate—For the Appellant. Khondaker Mahbub Hossain, Advoca......e-witness the occurrence as per prosecution case. In this evidence he stated that on 27-10-93 at 10-30/PM he was in front of BM College, Barisal. Then he went to Sonali Cinema Hall. At that time Alok called him and told that he (deceased) had disputed with Shamim and he compromised the matter with S......stigation submitted charge-sheet against the condemned prisoner and others on 26-11-93 for the offence punishable under sections 302/34 of the Penal Code. 4. All the accused persons were placed on trial before the learned Additional Sessions Judge, 1st Court, Barisal who framed charge against all......ourt High Court Division (Criminal Appellate Jurisdiction) Present: MM Ruhul Amin J Md. Joynul Abedin J State ……………..Petitioner Vs. Md. Shamim alias Shamim Sikder and others…………..Opposite Parties. Judgment November 13, 2000. Cases Referred To- ..Category: Criminal Law | Date: | Hits: 50
Hamza Rubber Industries Vs. Golam Dastagir Gazi, 2001, 30 CLC (HCD)
....‘HAMZA TUBES’, and huge quantity of tyres are already marketed to the dealers all over the country. They have already applied for registration of their device of double elephants. Their device is so dissimilar to that of the plaintiff, single elephant and double elephants back to back one after ...... is also discharged and order of ad-interim injunction granted at the time of issue of the Rule is also vacated. Communicate at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 430. ......nt Vs. Golam Dastagir Gazi ……….. Respondents Judgment June 28, 2001. Cases Referred To- Abdul Jabbar and another Vs. Ahmad Jan, PLD 1973 Karachi 289; Messers Burney’s Industrial and Commercial Co. Ltd. Vs. Messers Rehman Match Works, PLD 1983 Karachi 357; Dacca Match Fact......esent: Md. Abdur Rashid J Hamza Rubber Industries………. Appellant Vs. Golam Dastagir Gazi ……….. Respondents Judgment June 28, 2001. Cases Referred To- Abdul Jabbar and another Vs. Ahmad Jan, PLD 1973 Karachi 289; Messers Burney’s Industrial and Commercial Co. Lt..Category: Intellectual Property Law | Date: | Hits: 230
Progoti General Insurance Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....aid order of the DCT petitioner preferred an appeal before the Additional Appellate Commissioner of Taxes who after hearing the parties allowed the appeal in part but maintained the order of the AACT so far it relates to the allowance of Jamuna Levy. Being aggrieved by the aforesaid appellate order ......— For the Respondent. Reference Application No. 23 of 1993. Judgment Syed Amirul Islam J.- This reference application filed under section 160 of the Income Tax Ordinance, 1984 (hereinafter called “the Ordinance”) arises out of Judgment and order dated 17-2-93 passed in ITA No. 2575 of......ormulated by us in the negative and in favour of the assessee petitioner. There will be no order of cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 424, 53 DLR (HCD) (2001) 531. ........Respondent. Judgment June 11, 2000. Cases Referred To- Meghna Petroleum Co. Ltd. Vs. CIT 26 BTD (AD) 74 = 50 DLR (AD) 165; Shitaldas Tirathdas 41 ITR 367; Kerala Vs. Travancore Sugars and Chemicals Ltd. 90 ITR 3O7. Lawyers Involved: AFM Ferojuddin Bhuiyan, Advocate—For the Ap..Category: Fiscal/Taxation Law | Date: | Hits: 104
Mainuddin Chowdhury & others Vs. State and another, 2001, 30 CLC (HCD)
....g in Criminal Miscellaneous Case No.1596 of 1999 corresponding to GR No. 132/99 arising out of Satkania PS Case No. 3(7)99 cancelling the bail by the accused-petitioners should not be set aside and also as to why the accused-petitioners should not be enlarged on bail in the said case. 2. Pending ......it provided reasonable grounds are made out. In the present case the application made by the appellants alleged that the respondents have jumped the bail and did not attend the investigation whenever called upon to do so. These were vague and general allegations which could be made at any time again......itioners No.4 be enlarged on bail to the satisfaction of the Deputy Commissioner, Chittagong, if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 416. ...... Court Division (Criminal Revisional Jurisdiction) Present: Md. Abdul Aziz J Hasan Foez Siddique J Mainuddin Chowdhury & others…………………..Petitioners Vs. State and another…………………..Respondents Judgment April 19, 2001. Cases Referred To- ..Category: Criminal Law | Date: | Hits: 43
....cant but the Deputy Commissioner of Taxes going beyond the accounts of the applicant added Taka 3,00,000 to the net income of the applicant as receipts of commission at the rate of Taka 15,000 per person for 20 persons and thus computed the total income of the applicant at Taka 2,94,884 against net ......ions and find that they apply to the present case.
8. The legal position is that the computation of income, profit and gains falling under sections 10 and 12 of the Income Tax Act 1922, (hereafter called the Act) is not governed by any particular method of accounting and the assessee is at libert......ered in the negative, and against the Revenue.
Accordingly, the reference is answered in the negative. There will be no order as to costs.
Ed.
This case is also Reported in: 52 DLR (2000) 484.......Ed.
This case is also Reported in: 52 DLR (2000) 484...
Category: Fiscal/Taxation Law | Date: | Hits: 101
A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)
...., (1996) 1 WLR 427, at p. 435. Lawers Involved: M Amir ul Islam with A Hasib, Tania Amir, MA Tariq, MA Hannan and Manzil Murshed, Advocates—For the Petitioners. AKM Saifuddin Ahmed with Masood Reza Sobhan, Mahmuda Parveen Poppy, Advocates — For Respondent Nos. 2 to 4. Syed Mahmud Ho......ittee canceling the sanction of the revised plan granted on 18-02-93. As we found earlier, in the letter dated 24-06-99 the respondent 3 for the first time asked the petitioners for removal of the so-called unauthorised constructions. The appellate authority just okayed such direction of the respond......n view of our decision, the order issued earlier directing the parties to maintain status quo in respect of construction is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 461. ......s case is also Reported in: 52 DLR (2000) 461. ..Category: Property Law | Date: | Hits: 125
Osena Begum alias Babuler Ma and another Vs. State, 2003, 32 CLC (HCD)
....9. ......r case. Let a copy of this judgment be sent to the learned Additional Sessions Judge for his guidance. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 299. ......Prosecution case, in short, is that the condemned prisoners Osena Begum and her son Babul Miah committed murder of Hazera Begum, wife of Babul Miah by severely burning her with acid for dowry. In the trial Osena Begum was charged under section 10(1) while Babul under section 10(1) read with section ......so Reported in: 55 DLR (2003) 299. ..Category: Criminal Law | Date: | Hits: 49
Akkas Ali Molla and another Vs. State, 2001, 30 CLC (HCD)
....6‑1988 of the Additional District Magistrate, Bogra in DAB GR Case No. 12 of 1982 convicting the accused petitioner under section 467 of the Penal Code and sentencing them to suffer rigorous imprisonment for 3 (three) years and to pay a fine of Taka 1,000 in default to suffer rigorous imprisonme...... is felt to be necessary. The order of stay of realisation of fine passed on 29‑3‑1989 is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (2003) 296. ......Shahjahan Ali, AI of DAB lodged the first information report as the informant. On completion of investigation charge sheet was submitted against the accused Akkas Ali Mollah and Saidur Rahman to face trial. Charges were framed against the accused under section 467 of the Penal Code to which they ple....... Ed. This Case is also Reported in: 55 DLR (2003) 296. ..Category: Criminal Law | Date: | Hits: 129
Mrs. Aruna Sen Vs. Govt. of the People's Republic of Bangladesh and others, 1974, 3 CLC (HCD)
....IR 1946 PC 123), Nakhuda Ali Vs. M. F. De S. Jayartne (1951) AC 66, Rex Vs. Electricity Commission (1924) 1 KB 171, Rex Vs. Legislative Committee of the Church Assembly (1928) 1 KB 411, Messrs Faridson Ltd. and another Vs. Government of Pakistan and others, 13 DLR (SC) 233—PLD 1961 (SC) 537, Fra......s enough. 11. The earliest case in the Indian subcontinent which had to consider the Liversidge case is the case of Keshab Talpade Vs. Emperor, AIR 1943 FC 1 where the Federal Court of India was called upon to consider the legality of the detention of the appellant under the Defence of India Ru......issued by the Court under Article 102 (2) (b) of the Constitution. The English principle as expressed by Lord Atkin in his dissenting speech in Liversidge Vs. Anderson that every imprisonment without trial and conviction is prima facie unlawful and the onus is upon the detaining authority to justify......Rahman Chowdhury, J.- I agree. Ed. This Case is also Reported in: 27 DLR (1975) HCD 122. ..Category: Constitutional Law | Date: | Hits: 291
Zafela Begum and others Vs. Atikulla and others, 2011, 40 CLC (AD)
....or partition the plaintiffs who are the appellants claimed that 'Ka' schedule land measuring 4.0 acres originally belong to Imam Bux in Raiyati right, who died leaving behind a widow Pathani Bibi, a son Sayed Ali and two daughters Elemjan Bibi and Halimon Bibi. Subsequently Pathani Bibi died leavin......l is allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 46, 31 BLD(AD) (2011) 111, 8 LG (AD) (2011) 133, 16 MLR (AD) (2011) 216, VIII ADC (2011) 907. ......hedule land in Money Execution Case No.110 of 1952 were confirmed, and that the auction sale in respect of other land was set aside. 8. The High Court Division interfered with the judgment of the trial Court on the reasonings that in Title Suit No.175 of 1968 Akitullah was defendant No.2 and thu...... 16 MLR (AD) (2011) 216, VIII ADC (2011) 907. ..Category: Property Law | Date: | Hits: 127
Alam Kabiraj and others Vs. State, 2003, 32 CLC (HCD)
....12‑12‑92 GR 53 of 92 under sections 302/307/34/302/109/ Penal Code. 2. Prosecution case, in brief, at the trial was that deceased Saha Alam, elder brother of informant Nazrul Islam, slept with son of Jahirul Hoque in the night following 11‑12‑92 in a temporary ‘chapra ghor' constructed ...... Sarder and Bashir Sarder @ Bashar accordingly, directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 273. ......, First Court, Barisal in Sessions Case 61 of 93 arising out of Muladi PS case 2 dated 12‑12‑92 GR 53 of 92 under sections 302/307/34/302/109/ Penal Code. 2. Prosecution case, in brief, at the trial was that deceased Saha Alam, elder brother of informant Nazrul Islam, slept with son of Jahiru......d. This Case is also Reported in: 55 DLR (2003) 273. ..Category: Criminal Law | Date: | Hits: 42
Sirajul Islam (Md.) Vs. Wahidul Haque, 2003, 32 CLC (HCD)
....nd on hearing of the Rule, respondent No. 5 of the writ petition (present petitioner) was found guilty of contempt of court and sentenced to pay a fine of Taka 2,000 in default, to suffer simple imprisonment for 15 days and the Rule was accordingly made absolute. Thereafter, the present review petit......ion is allowed. The punishment awarded on the petitioner by the order dated 27‑1‑2003 in Contempt Petition No. 70 of 2002 is remitted. Ed. This Case is also Reported in: 55 DLR (2003) 272. ......ion is allowed. The punishment awarded on the petitioner by the order dated 27‑1‑2003 in Contempt Petition No. 70 of 2002 is remitted. Ed. This Case is also Reported in: 55 DLR (2003) 272. ......ate‑For the Petitioner. M Saleemullah, Advocate‑For the Respondent. Review Petiton No. 39 of 2003. Judgment Salma Masud Chowdhury J.- This is an application for review of the judgment and order dated 27‑1‑2003 passed in Contempt Petition No. 70 of 2002 which arose out of Writ Pet..Category: Others | Date: | Hits: 118
Hossain Khan (Md.) and others Vs. Government of Bangladesh & others, 2001, 30 CLC (HCD)
.... No. 251 of Mouza Dhanmondi, Dhaka. The Deputy Commissioner, Dhaka requisitioned the aforesaid Plot No. 692 in 1958 for public namely, for establishment of a 'Hawkers Market' and directed the predecessor of the appellants i.e. Md. Noor Hossain to make over the possession by 1‑12‑1958. Thereafter......nt to the Deputy Commissioner for the suit property by depositing the rent by Challan No. Ka/131 dated 21‑8‑1984 for the period from 9‑9-1960 to 29‑11‑1976. It is clear that whatever the so-called compensation was paid in Writ Petition No. 42 of 1960, it was partly the monthly rent for the......Rule No. 250(FM) of 2001 is also made absolute. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 264. ......his Case is also Reported in: 55 DLR (2003) 264. ..Category: Property Law | Date: | Hits: 95
A Rouf and others Vs. State and another, 1999, 28 CLC (HCD)
....ioner refused to marry her. There was salish on the mater. The petitioner No.1 according to decision of salish married the complainant on 13-5-93 and when the child in the womb grew up the accused persons committed miscarriage on 19-5-93. 3. Thereafter, the opposite party No.2 on 19-5-93 filed th......d the case before the Magistrate. At the time of hearing of the petition, the complainant annexed a medical certificate from the Gynecologist who opined about the occurrence. The Magistrate, however, called for a report from the Civil Surgeon, Thakurgaon as to the occurrence, who of course, opined t...... Attorney General appearing for the opposite party State. According to the Counsel of the petitioner, the Sessions Judge cannot, direct the Magistrate for taking cognizance, at best he can direct for trial in accordance with law. In support of his submission, the learned Counsel Sheikh A Awal cites ......This Case is also Reported in: 52 DLR (2000) 395...Category: Criminal Law | Date: | Hits: 43
Nabiran Bibi Vs. Md. Panna Miah and others, 1998, 27 CLC (HCD)
....vely triable by him the learned Additional District Magistrate received the case record on 26-10-83 and fixed 17-11-83 with an order to inform the complainant and the surety to produce the accused persons on 17-11-83. On 17- 11-83 both the accused persons as well as the complainant being absent the ......learned District Magistrate, Manikganj with a copy of Judgment for disposal of the case by a competent Magistrate for disposal of the case. Ed. This Case is also Reported in: 52 DLR (2000) 394. ......mplainant was examined on SA by the Sub Divisional Magistrate and issued process against the accused appellants at SI. No.1-14 under section 467 of the Penal Code. Thereafter the case being ready for trial was sent to the court of learned Sessions Judge, Manikganj on 27-6-81. However the case record......t Division (Criminal Appellate Jurisdiction) Present: Md. Nurul Islam J Md. Hassan Ameen J Nabiran Bibi…………………………………….Appellant Vs. Md. Panna Miah and others ………………Respondents Judgment May 12, 1998. Lawyers Involved: Ashf..Category: Criminal Law | Date: | Hits: 44
Mazharul Huq Quraishi and others Vs. Hari Chandrs Hrishi and another, 2000, 29 CLC (HCD)
....sal of the petition of complaint and other papers filed along with the application under section 561A of the Code it appears that one Kalu possessed 0.333 decimals of land. On death of Kalu his heirs sold out 0.29 ½ out of 0.333 decimals to Durga Charan Rishi, Mati Lal Rishi and Ghuti Rishi vide Ka......ney-General—For the State. Criminal Miscellaneous Case No. 2327 of 1998. Judgment Md. Abdul Quddus J.- By this Rule under section 561A of the Code of Criminal Procedure opposite party was called upon to show cause as to why the proceeding of Petition Case No. 25 of 1993 under section 420......e Rule. In the result the Rule is discharged. The order of stay issued earlier is vacated. Learned Court below is directed to proceed with the case as usual and is further directed to conclude the trial as early as possible preferably within 3 months from the date of receipt of the judgment. Copy......lso Reported in: 52 DLR (2000) 392. ..Category: Criminal Law | Date: | Hits: 42
Mati Lal Karmakar and Another Vs. Kalandar Talukder and another, 1998, 27 CLC (HCD)
....ffirmed. 2. The plaintiffs are the petitioners in this revision case. The plaintiff’s case is that land measuring 3.14 decimal comprising CS Khatian No.43 belonged to Indo Mohon and Monindra Bhusson Saha. Nanda Rani Paul and Nata Kudar Pal became the owners of the suit land along with other lan......eason to interfere with the judgments and decree of the Courts below. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 390.......gment Md. Awlad Ali J. - This Rule is directed against the judgment and decree dated 8-7-93 passed by the District Judge, Chandpur in Title Appeal No. 141 of 1990 by which the decree passed by the trial Court in a suit for perpetual injunction was affirmed. 2. The plaintiffs are the petitioner......der as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 390...Category: Property Law | Date: | Hits: 64
Omar Ali Sheikh Vs. Shamsul Alam Mridha and others, 2002, 31 CLC (HCD)
....he suit by filing written statement denying all the material allegations contending that the suit was not maintainable and the same was barred by limitation. The story of oral agreement for sale is absolutely false and he did not receive Taka 30,000 as earnest money. The defendant No. 1 is a landles...... the Rule is discharged without any order as to cost. The order of stay granted at the time of the issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 257. ...... 5. The learned Assistant Judge, on consideration of the materials on record, decreed the suit. Then the petitioner preferred appeal and the appellate Court affirmed the judgment and decree of the trial Court. Then the petitioner moved this Revisional application before this Court and obtained th......me Court High Court Division (Civil Revision Jurisdiction) Present: Hasan Foez Siddique J Omar Ali Sheikh......................................Petitioner Vs. Shamsul Alam Mridha and others..............Opposite Parties Judgment December 10, 2002. Lawyers Involved: ..Category: Property Law | Date: | Hits: 84
State Vs. Md. Abdul Kuddus and others, 2010, 39 CLC (AD)
....m earlier. On the day of occurrence on 16th June, 2003 at about 9.30 a.m., the victim along with his employee Nuru Mia riding on a Motorbike was going towards Tangail from Nagorpur. The accused persons obstructed his brother and at one stage the respondent Prince shot at him causing severe injury......ecretary, Ministry of Home Affairs Government of Bangladesh for taking legal actions in the light of the judgment. Ed. This Case is also Reported in: VIII ADC (2011) 73, 16 MLR (AD) (2011) 156. .......555 and 604 of 2005.) Judgment Surendra Kumar Sinha J. - These petitions arise out of the same judgment and therefore these petitions are disposed of analogously. 2. Respondents were put on trial before the Druta Bichar Tribunal No.1, Dhaka to face charge under sections 120B/302/34 of the ...... (Criminal) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J The State………………..........Petitioner (In all the cases) Vs. Md. Abdul Kuddus and others………....Respondents (In Criminal Petition No. 42 of 2009) Ripon ................Re..Category: Criminal Law | Date: | Hits: 47
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