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Subodh Ranjan and others Vs. State, 1993, 22 CLC (HCD)
....dure must be complied with while conducting a search." "The learned Advocate also referred the case of Muhammad Khan Vs. Dost Muhammad and 17 others, reported in 1975 PLD (SC) 607, 609. Though the facts of the case are quite different but the principles laid down therein by their Lordships that "...... This Case is also Reported in: 45 DLR (HCD) (1993) 521....... assembled there and he has no connection with appellant Nos. 1 and 2 or in the alleged occurrence. 7. Mr. Abdul Matin Khasru, the learned Advocate for the appellant, has taken us through the FIR, evidence on record and the impugned Judgment. 8. P.W.1 Md. Moklesur Rahman NK Subedar JCO‑2490 ..Category: Criminal Law | Date: | Hits: 75
Ansar Ali Vs. Yeasin Mea and others, 1993, 22 CLC (HCD)
....the order No.37 dated 7.9.91 passed by Senior Assistant Judge, Nowabganj in other Class Suit No.273 of 1988 rejecting the prayer under Order 11 rule 21 of the Code of Civil Procedure. 2. The short facts relevant is, that the petitioner being plaintiff instituted the aforesaid Other Class Suit No....... in: 45 DLR (HCD) (1993) 517.......acated. The learned trial Court is hereby directed to conclude the trial expeditiously preferably within 3 (three) months from date. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 517...Category: Procedural Law | Date: | Hits: 68
....ith an application for stay.
5. An affidavit‑in‑opposition has been filed on behalf of the respondent opposite party the Administrator General and Official Trustee controverting the material facts in the petition and stating, inter alia, that after the death of three trustees mentioned in t......Reported in: 45 DLR (HCD) (1993) 512.
...... Manikganj on 10.6.87 in Trust Act Case No.1 of 1986 was illegal and is therefore set aside.
In the result, the appeal is allowed.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 512.
..
Category: Trust/Waqf Law | Date: | Hits: 183
....y allowable with effect from the assessment year 1974‑75 and not prior to that ?
(III) Whether the Tribunal in deciding the question of depreciation under section 10(2)(vi) was justified, in the facts and circumstances of the case, in ignoring the fact, the property in question vested in the Go......he Act on the ground that as the applicant only became the owner of the property in 1973 but the depreciation under section 10(2)(vi) was only allowable with effect from the assessment year 1974‑75 and not prior to that ?
(III) Whether the Tribunal in deciding the question of depreciation under......answer the question Nos. 4 and 5 in the affirmative and against the assessee.
The parties are left to bear their respective costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 510.
..
Category: Fiscal/Taxation Law | Date: | Hits: 139
State Vs. Sree Ram Krisna Nath (Ram Babu) and another, 2011, 40 CLC (AD)
....imize and harass the accused-petitioner (respondent herein) and accordingly quashed the proceedings. We also do not find any legal basis for the informant to file a second F.I.R. on the self same facts when he did not challenge the Final Report against the first F.I.R. nor prayed for further inv...... Md. Momtazuddin Ahmed J Md. Shamsul Huda J The State…………………………………………………………………………Appellant Vs. Sree Ram Krisna Nath (Ram Babu) and another……... Respondents Judgment October 12, 2011. Case Referred to- Abdus Sala......of the Code of Criminal Procedure before cognizance was taken and also to consider-whether the High Court Division erred in law in making the Rule absolute thus quashing the proceeding without taking evidence where an offence was disclosed in the FIR. 8. Mr. Khondkar Dilruzzaman, the learned Depu..Category: Criminal Law | Date: | Hits: 83
Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)
....st of the defendant No. 4 will be protected as all the heirs of the plaintiff are on record in the category of defendants. 13. From the second application the defendant No. 4 narrating the entire facts and circumstances of the case lastly stated, “প্রকাশ থাকে ...... Division (Civil Revision Jurisdiction) Present: Hasan Foez Siddique J Jahangir Hossain J Abdur Rahim…………………………………………Petitioner Vs. Momotaz Begum and others……………....Opposite parties Judgment July 27, 2011. Cases Referred to- ......rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96. ..Category: Limitation Law | Date: | Hits: 219
Saijuddin Molla Vs. Abdur Rahman and others, 2011, 40 CLC (HCD)
....firming the judgment and order dated 22.01.2007 passed by the learned Senior Assistant Judge, Sadar, Manikganj in Pre-emption Miscellaneous Case No.21 of 2003 should not be set-aside. 2. Relevant facts, in short, are that the opposite party as pre-emptor-applicant filed Miscellaneous (Pre-emptio......urt High Court Division (Civil Revision Jurisdiction) Present: Sheikh Abdul Awal J Saijuddin Molla…………………………………….......Petitioner Vs. Abdur Rahman and others………………………..Opposite-parties Judgment November 22, 2011. Cases R......s some of the co-sharers being the heirs of Jonab Ali and Abdul Latif were not made parties in the pre-emption case. 4. The learned Senior Assistant Judge, Sadar, Manikganj on consideration of the evidence on record allowed the pre-emption believing the date of knowledge of sale in question as cl..Category: Property Law | Date: | Hits: 62
Md. Nazimuddin Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....y the Administrative Appellate Tribunal, Dhaka in Appeal No.186 of 2003 reversing the decision dated 29.08.2003 passed by the Administrative Tribunal, Bogra in Tribunal Case No.33 of 2002. 2. The facts, leading to the filing of this petition, in a nutshell, are as follows: 3. The petitioner ......ahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Nazimuddin……………………………………………………….Petitioner Vs. Government of Bangladesh and others…………………..Respondents Judgment August 25, 2011. Cases Referred to- ......t the case before the Administrative Tribunal was barred by limitation. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 10. ..Category: Administrative Law | Date: | Hits: 196
Jiban Bima Corporation and another Vs. A.K.M. Harun-Or-Rashid and others, 2011, 40 CLC (AD)
....on Bima Corporation till disposal of the writ petition and or his attaining the age of 57 years computing 30.11.1946 as his date of birth as mentioned in the affidavit sworn by his father. 3. The facts, leading to the writ petition, are that the writ petitioner was born on 30.11.1946 and passed ......zammel Hossain CJ Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Momtazuddin Ahmed J Md. Shamsul Huda J Jiban Bima Corporation and another……………………..Appellants Vs. A.K.M. Harun-Or-Rashid and others………...... appeal which is accordingly allowed, without however, any order as to costs. The impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 58
Kazi Abdul Awal Zewar Rashid Vs. Dhaka Municipal Corporation and another, 1990, 19 CLC (HCD)
....d. 5. We have very often expressed out surprise looking at these sorts of orders which discloses no basis or reasoning and is therefore, to be avoided but to no result. However, in considering the facts and circumstances and when the question of identity of the land over which the boundary wall i......rt High Court Division (Civil Revisional Jurisdiction) Present: Anwarul Haque Chowdhury J Kazi Ebadul Hoque J Kazi Abdul Awal Zewar Rashid being dead his heirs Adnan Rashid (Minor) and others …………………Petitioners Vs. Dhaka Municipal Corporation and another ... ......t his report within fifteen days from appointment. The stay granted earlier is thereby vacated. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 509. ..Category: Property Law | Date: | Hits: 71
....s were passed on 7.5.91, this Court is functus officio and cannot change them on any ground whatsoever. He further submits that as the petitioner did not appear to contest the Rule and controvert the facts stated in the writ petition, he cannot now come with the application for review of the orders ...... Habibur Rahman J
Mainur Reza Chowdhury J
Khapan Bittahin Co-operative Society Ltd……………Petitioner
Vs.
Nagendra Mahisya Das, Secretary, Nijkurua Matsyajibi Samabaya Samity Ltd. and others………………Represented.
Judgment
December 12, 1991.
Cases Referred to-
......Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 502...
Category: Civil Law | Date: | Hits: 87
Commissioner of Taxes Vs. Md. Hasanuzzaman, 1993, 22 CLC (HCD)
....Tribunal, Bangladesh, Dhaka Division (Bench). The assessee took the ground before the Tribunal that he had no opportunity to appear before the Assistant Commissioner of Taxes. The Tribunal found from facts that the assessee “prayed for time for hearing on 14.5.1981 but the assessee did not receive......ment refers the following question of law for our decision: (1) Whether the Taxes Appellate Tribunal is justified in annulling the assessment. 2. The assessee for the assessment years 1977‑78 and 78‑79 submitted returns of income. Notices under sections 23(2), 22(4) were issued but as the ...... costs. This order shall govern both the reference application Nos. 3 and 4 of 1989. We return the references with the above answer. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 500...Category: Fiscal/Taxation Law | Date: | Hits: 98
....ed to provide plots to the petitioners as undertaken by the Government in Writ Petition No.1004 of 1980 and other petitioner as incorporated in the judgment and order dated March, 11, 1982.
2. The facts relevant for disposal of this Rule are that the petitioner's land appertaining to CS Plot Nos.......lso Reported in: 45 DLR (HCD) (1993) 498.......ion under Article 102 of the Constitution.
In view of our aforesaid discussion, we discharge the Rule without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 498...
Category: Property Law | Date: | Hits: 79
Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)
....lting in the initiation of Civil Appeal No.45 of 2002. 8. Mr. Mahbubey Alam, learned Senior Advocate, appearing on behalf of the appellant, submits that the High Court Division on the face of the facts and documents on record as an appellate Court failed to take notice of Exhibit-(M-2), the judg......hmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Nurul Islam Chowdhury…………………………………….Appellant Vs. Morshedul Alam and Others………………………………Respondents Judgment July 20, 2011. Cases Re......t-(M-2), has not at all been considered by the High Court Division in disposing of the appeal before it. The contesting respondents in reply to it stated that the judgment is not at all admissible in evidence and no exception can be taken if the High Court Division has not considered the findings of..Category: Property Law | Date: | Hits: 116
Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)
....d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ......Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed Md. Shamsul Huda J Ms. Ok-Kyung Oh, Dhaka…………………………………….......Appellant Vs. Tea Hung Packaging (Bd) Ltd. and Others…………………. Respondents Judgment July 20, 2011. Result: The appeal......d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ..Category: Company Law | Date: | Hits: 235
Principal, Fulbaria College, Mymensingh Vs. Md. Helaluddin and Others, 2010, 39 CLC (AD)
....d-For Respondent No.1. Not Represented-For Respondent Nos.2-4. Civil Appeal No. 277 of 2003. Judgment Surendra Kumar Sinha J.- Leave granted. 2. This appeal arose out of the following facts: The respondent No.1, (writ petitioner) a teacher of Fulbaria College, Mymensingh institute......ohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Principal, Fulbaria College, Mymensingh………………………..Appellant Vs. Md. Helaluddin and Others……………………………………………… Respondent Judgment March 3, ...... was not legally entitled to. An estoppel by deed is a preclusion against the competent parties to a valid sealed contract to deny its force. The doctrine rested originally upon the idea that written evidence was a higher and more conclusive nature than verbal. The truth could better be established ..Category: Employment/Service Law | Date: | Hits: 204
Barrister Nazmul Huda and another Vs. State and another, 2011, 40 CLC (HCD)
....mo দুদক/প্রশা/১২/৫০৮(১৭)/১(১০), তারিখ-১১/০২/২০০৭ইং। He lastly submits that it is not at all necessary to go into the detailed facts of the case as the Hon'ble Appellate Division in the case of Anti-Corruption Commission Vs. Dr......also Reported in: 16 MLR (HCD) (2011) 381. ......is a nullity in the eye of law. Accordingly, he submits that the learned Special Judge, Court No.2, Dhaka was manifestly wrong in convicting the appellants and also has failed to weigh and sift the evidence on record as is required by law and as such the impugned Judgment and order of conviction i..Category: Criminal Law | Date: | Hits: 101
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....adesh as a foreign national by registering himself as a foreign national and he had only applied for his citizenship and as such his enrollment as a voter was a bonafide mistake due to concealment of facts about his foreign nationality; that the selection of the petitioner as Ameer of Jamaat‑e‑I...... (Special Original Jurisdiction) Present: Mohammad Ismail Uddin Sarker J Badrul Islam Chowdhury J Professor Golam Azam…………………..Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment August 12, 1992. Result: The Rule is mak......te found them guilty of offence under section 14 of the Foreigners Act and on appeal the Sessions Judge, Bakergonj upheld the conviction. On revision to the High Court a learned Single Judge found on evidence that there were communal disturbances in the then East Pakistan in the year 1964 for which ..Category: Immigration and Citizenship Law | Date: | Hits: 343
Safar Ali Miah & others Vs. Badsha @ Siddique & others, 1993, 22 CLC (HCD)
..... The impugned order dated 8.5.85 passed by the learned Munsif, 2nd Court, Narayangonj is set aside and the learned Assistant Judge concerned is directed to proceed with the execution case. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also ......iah & others…………………Petitioners Vs. Badsha @ Siddique & others………………..Opposite Party Judgment July 5, 1993. Cases Referred to- Saleh Ahmed Chowdhury and others Vs. Kabir Ahmed and others, 13 DLR 531; Moyna Mia & others Vs. Haji Abdus Samad, 33 D......ned is directed to proceed with the execution case. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 483. ..Category: Civil Law | Date: | Hits: 100
Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)
.... 32. Rule 6 of the Rules of 2010 contemplates that if the Investigating Officer has reason to believe that any offence has been committed, he shall proceed in person to the spot, investigate the facts and circumstances of the case and if necessary, take steps for the discovery and arrest of the......y Attorney-General, Mustafa Zaman Islam, Deputy Attorney-General, Nazibur Rahman, Assistant Attorney-General, Mahabub-ul Alam, Assistant Attorney-General, ASM Nazmul Haque, Assistant Attorney-General and Delwar Hossain Samaddar, Assistant Attorney-General—For the Opposite Party. Criminal Miscel...... to authorize the continued detention in custody of, any person charged with any crime specified in section 3. 31. There is no gainsaying the fact that the investigating Agency is still collecting evidence against the petitioner, Needless to say, no investigation report has yet been submitted by ..Category: Criminal Law | Date: | Hits: 103
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