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Azimul Kabir (Md) Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....ed and to be satisfied that an average prudent man could reasonably be so satisfied. 20. Satisfaction of the detaining authority must be subjective satisfaction; such satisfaction must satisfy the legislative provision and not colorable or mala fide, which condition the court shall look into to s......R 48 it was held as follows: If any one of the grounds or reasons that led to the satisfaction is irrelevant the order of detention would be invalid even if there were other relevant grounds. In this decision a Division Bench of this court relied on the case reported in PLD 1959 (Dacca) 774, AIR 195..Category: Criminal Law | Date: | Hits: 45
SM Nasirul Haque Vs. Omar Faruque Chowdhury and others, 2001, 30 CLC (HCD)
....are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ......er in the land and accordingly, disallowed the application. On appeal therefrom at the instance of the preemptor, the learned Additional District Judge hearing the same was also pleased to affirm the decision of the trial Court, and dismissed the appeal by impugned judgment and order. 12. Mr...Category: Property Law | Date: | Hits: 39
Sufia Islam Shila and another Vs. Shakhawat Hossain and others, 2001, 30 CLC (HCD)
....ssioner within 3 months and to conclude the trial preferably within another 6 months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 178. ......er, should not be set aside. 2. The Revisional application was filed mainly on the grounds, among others, that learned Assistant Judge, Dhaka committed an error of law resulting in an error in the decision occasioning failure of justice that the claim of the plaintiffs in the plaint is that the d..Category: Property Law | Date: | Hits: 28
Kowsar Chowdhury Vs. Latifa Sultana, 2001, 30 CLC (HCD)
.... the time of issuance of the Rule is hereby vacated. Send a copy of this judgment along with the LC record to the court concerned at once. Ed. This Case is also Reported in: 54 DLR (2002) 175.......at case for enhancement of the maintenance of her daughter this present suit for the same relief in the Family Court is not maintainable. In support of his contention the learned advocate has cited a decision of the High Court Division reported in 50 DLR at page 47. In this case it was held that “..Category: Family Law | Date: | Hits: 186
....mulated in both the reference applications are answered in the negative and in favour of the assessee.
There will be no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 168.......t the Tribunal in passing the appellate order wrongly interpreted section 4(3) (i) of the Income Tax Act, 1922.
6. In Reference Application No. 8/97 the applicant has for our consideration and decision formulated the following questions of law which are said to arise from the order of the Tax..
Category: Fiscal/Taxation Law | Date: | Hits: 65
Sew Bishar Prasad Vs. Collector of Customs, Chittagong and others, 2001, 30 CLC (HCD)
....ase the bank guarantees furnished by the petitioner in terms of the Rule within 15 days from the date of receipt of this order. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 173. ......at the impugned order is illegal and it has infringed the fundamental right of the petitioner. 7. Mr. Ramjan Ali Sikder, the learned Counsel for the petitioner in support of his argument cites the decision in the case of Russell Vegetable Oil Ltd. Vs. Collector of Customs, Chittagong and others, ..Category: Fiscal/Taxation Law | Date: | Hits: 83
Wahidul Haque Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....bservation made in the body of this judgment. Send copies of this judgment to respondent Nos. 1-5 for proper guidance and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)165.......to give effect to the judgments of this Court or other competent courts of law and in those writ petitions either directions were made as prayed for or observations were made to the effect that after decision of the Court, the government did not require to make further notification in the official g..Category: Property Law | Date: | Hits: 38
.... and order of the trial Court are affirmed. We direct that the parties will bear their own costs.
Send down the LCR, if any, immediately.
Ed.
This Case is also Reported in: 54 DLR (2002) 161.......tion of opposite party No.2 to pass the award at all and, as such, the learned Court below ought not to have rejected written objection and thus committed an error of law resulting in an error in the decision occasioning failure of justice.
9. In fine, the last point canvassed before us, by Mr. M..
Category: Alternative Dispute Resolution | Date: | Hits: 196
Barrister Ziaur Rahman Khan Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....l call such meetings to meet the contingencies and the meetings thus called will take decisions as per clause (4) of Annexure ‘C’. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 164. ...... circulars. In this connection Annexure ‘I’ to the affidavit-in-opposition of respondent Nos.1-4, a Memo Dated 26-09-93 issued by the Cabinet Division, can be referred to. By this official Memo a decision is taken by the Cabinet to form the Thana Co-ordination Committee comprising of persons as ..Category: Administrative Law | Date: | Hits: 462
Ahsan Karim Jinnah Vs. Meghna Insurance Company Limited & others, 1999, 28 CLC (HCD)
.... by rectifying its register of members. In view of the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 160. ......t render the transfer invalid as the instrument of transfer in this case can be affixed with requisite stamps even now as there is no time limit in this regard. Mr Yusuf referred to and relied on the decision reported in 43 DLR 329 of this Court in this connection. 7. The question that has arisen..Category: Company Law | Date: | Hits: 203
M Tariqullah Sikder Vs. Sonali Bank, 2005, 34 CLC (HCD)
....-4-2002 and 25-4-2002 passed by the court below are affirmed. Civil Rule No. 705(F)/2003 be accordingly, discharged. Copy be sent down. Ed. This Case is also Reported in: 59 DLR (2007) 695. ......ment and decree TS 194/ 2002 was rightly filed separately to set aside said ex parte decree. In such connection he refers to provision of section 9 of the Code of Civil Procedure and also relies on a decision reported in 1996 BLD 423; 49 DLR 248 (Md Shahidullah vs Abdus Sobhan Talukder). He contends..Category: Civil Law | Date: | Hits: 92
....and are of no legal effect.
The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 59 DLR (2007) 690.......e opinion of such Inspector or such person, have been correct * * *; and where the matter has been decided by any person other than the Electric Inspector, an appeal shall lie to the Inspector, whose decision shall in every case be final; but, save as aforesaid, the register of the meter shall in th..
Category: Others | Date: | Hits: 131
Abdur Rahman Vs. State, represented by Deputy Commissioner, 2006, 35 CLC (HCD)
....the Code of Criminal Procedure is applicable or not, irrespective of any mention of any other closely related offence as provided in sections 467/468/420 of the Penal Code. The object, scheme and the legislative intendment is to be prevailed over and above the joinder of closely related offences. ......ocument has been produced in evidence in a proceeding before any Civil, Criminal or Revenue Court. The question being of vital importance we have examined the different provisions of law and also the decisions of the apex Court on the point. 12. In that case Nur Ahmed vs. Kalimuddin reported ..Category: Criminal Law | Date: | Hits: 43
State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)
....absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ......information report and, the same at best could be treated as a statement of its maker PW 1 under section 161 of the Code of Criminal Procedure. This view of ours very well gets further support from a decision in the case of Srimanta Manna and another vs. State, AIR 1960 (Cal) 519." 51. In the cas..Category: Criminal Law | Date: | Hits: 40
AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)
....de Court. If this position be continued, I am afraid a day will come when practically, there will be no legal system in Bangladesh. Ed. This Case is also Reported in: 59 DLR (2007) 646. ......ook any step for recalling the warrant of arrest, it is apparent that the accused petitioners are fugitives from justice. 12. In the case of Khalilur Rahman vs. State, relied on an unreported decision of the Special Bench dated 13-4-1978 passed in Criminal Appeal No. 472 of 1968, that is, th..Category: Criminal Law | Date: | Hits: 97
Ali Ashraf Mia Vs. Chairman, First Court of Settlement and others, 2006, 35 CLC (HCD)
....interference by this Court. Accordingly, both the aforesaid Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 640. ......ent in Bangladesh after Liberation and that he did not receive any consideration money for the case property and, as such, it has been stated that the First Court of Settlement rightly arrived at its decision by dismissing the petitioner's case which calls for no interference by this Court. 1..Category: Property Law | Date: | Hits: 39
Executive Engineer, Roads and Highways Vs. Naderuzzaman and others, 2007, 36 CLC (HCD)
....t the time of the issuance of the Rule and extended subsequently is vacated. Send down the lower court records. Ed. This Case is also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ......prayer for review is based on the grounds mentioned in rule 1 of Order XLVII of the Code, the Court will not sit on the matter again for a rehearing or further hearing which is already concluded by a decision even if that be erroneous……………..[Fazle Karim vs Government of Bangladesh, 48 DLR ..Category: Procedural Law | Date: | Hits: 75
Bellal Hossain (Md) & others Vs. Md. Yasin Ali Mondal and ors., 2007, 36 CLC (HCD)
....ed earlier by this Court stands vacated. Send down the lower Court's record at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 634. ...... the Court of appeal below without reversing the finding of facts arrived at by the trial Court most illegally allowed the pre-emption thereby com- mitted an error of law resulting in an error in the decision occasioning failure of justice. 7. Mr. Aminul Haq Helal, the learned Advocate appear..Category: Property Law | Date: | Hits: 23
Commissioner of Taxes Vs. Prime Bank Ltd., 2007, 36 CLC (HCD)
....peal to Appellate Division under section 162 of the Ordinance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ......the Taxes Appellate Tribunal did not commit any error in setting aside the addition of such capital loss by the Inspecting Additional Commissioner of Taxes. In support, he strenuously relied upon the decision of this Division in the case of ANZ Grindlays Bank Plc vs. Commissioner of Taxes (East) Zon..Category: Fiscal/Taxation Law | Date: | Hits: 82
Abdur Rashid Miah and another Vs. Md. Zami Shah Newaz and others, 2007, 36 CLC (HCD)
....h above modification that the contentious signatures or writings are to be examined with admitted signatures. Ed. This Case is also Reported in: 59 DLR (2007) 625; 13 MLR (HCD) (2008) 317. ......ut disposing of the earlier application. He further submits that the impugned order is based on misconception of law and the learned Court below committed an error of law resulting in an error in the decision occasioning failure of justice. 16. The opposite party Nos. 1 to 6 by filing a coun..Category: Property Law | Date: | Hits: 32
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