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....s of the said Union Parishad in the last week of January, 1992.
On the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 581.
......s of the said Union Parishad in the last week of January, 1992.
On the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 581.
......ance, 1983 provides that the term of a Union Parishad shall be a period of three years commencing on the day of its first meeting after its constitution, the term of the Dasuria Union Parishad in the facts and circumstances of the case shall expire on 4.1.94 as the petitioner held the first meeting ..
Category: Election Law | Date: | Hits: 129
Abdul Karim Vs. Shamsul Alam, 1993, 22 CLC (HCD)
....sition of additional duty. In the result, the appeal is dismissed. The impugned judgment of the Court of appeal below is returned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 578. ...... with the mala fide intention of cheating the appellant. Trial Court did not find that the accused had any initial intention of cheating the appellant at the time of receiving the amounts of money in question from the appellant. Court of appeal below noticed that the accused is an importer of motor ......sition of additional duty. In the result, the appeal is dismissed. The impugned judgment of the Court of appeal below is returned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 578. ..Category: Criminal Law | Date: | Hits: 69
Gias Uddin Vs. State, 2002, 31 CLC (HCD)
.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 328.......n the date of occurrence the deceased used to quarrel with her sister‑in‑law over Hamida’s children. She further stated that the deceased Shajeda had no children of her own. In reply to another question, she said that after hearing the sound of thumping of feet of the deceased she went into he......el about the minor children of their family, but they have been falsely implicated in the case. 7. The learned trial Court thereafter in consideration of the evidence on record and considering the facts and circumstances of the case, found the accused‑appellant guilty of the offence charged und..Category: Criminal Law | Date: | Hits: 51
Mobarak Ali Gazi (Md.) Vs. State, 2003, 32 CLC (HCD)
....m in this case. Accordingly, the convict petitioner is discharged from his bail bond. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 55 DLR (2003) 325.......a person in authority, in relation to the accused. To that effect he has relied in the case of Viran Wali Vs. State reported in AIR 1961 J & K 11. In that case it has been observed that: "The question as to who is person in authority does not seem to be free from difficulty. There is no doub......m in this case. Accordingly, the convict petitioner is discharged from his bail bond. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 55 DLR (2003) 325...Category: Criminal Law | Date: | Hits: 62
.... inordinate delay speaks a volume against the Customs authority.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (2003) 322.
......rting prohibited commodity. Adjudicating value of the vehicle is Taka 5,21,725.
3. The petitioner being aggrieved has therefore filed this Writ Petition stating that he has imported the vehicle in question under HS Code No. 87.03 and 87.04 of the Import Policy Order, 1995‑97 and the condition f...... inordinate delay speaks a volume against the Customs authority.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (2003) 322.
..
Category: Business or Commercial Law | Date: | Hits: 209
James Finlay Plc Vs. Commissioner of Income Tax, 2000, 29 CLC (HCD)
....993, namely, the question Nos. 2, 3, 4 and 5, in the negative and in favour of the assessee applicant. There will be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 315. ......t, the Commissioner of Income Tax is the Respondent. In Reference Application No. 48 of 1995 the Commissioner of Taxes, Chittagong is the applicant and James Finlay Plc is the respondent. The central questions raised in all the three Applications are the same, whether, for the purpose of Income Tax,......80 under section 49AA of the Income Tax Act, 1922. 4. In Reference Application No. 48 of 1985 the Department has formulated and referred to us for our opinion the sole question: "Whether on the facts and in the circumstances of the case, the learned Taxes Appellate Tribunal, Division Bench Chi..Category: Fiscal/Taxation Law | Date: | Hits: 120
Munsur Fakir and others Vs. State, 2003, 32 CLC (HCD)
....appellant Mansur Fakir be set at liberty forthwith if he is not wanted in connection with any other case. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 307. ......Fakir stabbed Razzak Fakir none else joined him in the assault of Razzak Fakir. Similarly, when Mansur Fakir stabbed twice Pannu Fakir in quick succession no other accused joined him. 44. Now, the question is, whether other appellants could be held guilty under section 149 of the Penal Code in th......, 44 DLR (AD) 233. 35. We have perused the entire record and heard the learned Advocates. 36. Let us see how far the conviction and sentence of the appellants are well founded in law as well as facts. 37. As stated above, the prosecution case is that on 13‑9‑1989 at about 7‑00 AM the ..Category: Criminal Law | Date: | Hits: 60
Sarwari Begum Vs. Bangladesh, 1993, 22 CLC (HCD)
....tioner within 3 months from this date. Considering the nature of the case the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 571. ......he disputed house, in the 'Ka' list of abandoned properties vide notification in the Bangladesh Gazette, Extraordinary dated 23rd September, 1986 at page 9762 against serial No.33, has been called in question. 2. The case of the petitioner is that the land on which the disputed house stands had b......idavit‑in‑opposition wherein it has been contended that there is no illegality in enlisting the disputed house as abandoned property. The contesting respondent No.1 has not, however, disputed the facts alleged in the writ petition but has admitted in paragraph 4 of the affidavit‑in‑oppositio..Category: Property Law | Date: | Hits: 75
Narendra Nath Biswas Vs. Sunil Kumar Biswas, 1993, 22 CLC (HCD)
....e execution and attestation of the will. We therefore find no merit in the appeal. In the result, the appeal is dismissed with cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 567....... 4 witnesses and produced and proved some documents in support of their respective case. Learned District Judge on consideration of the same held that it is extremely hard to believe that the will in question was executed by late Parash Chandra Biswas and that conduct of the plaintiff in not applyin......rom before the execution of the will but he could not do so as P.W.2 clearly admitted in cross-examination that he was an Advocate's clerk from before the execution of the will Ext. 2. From the above facts and circumstances it is clear that the execution of the will Ext. 2 is shrouded by suspicious ..Category: Property Law | Date: | Hits: 78
Azizul Haque Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....diate and Secondary Education, Dhaka, however, may constitute an ad‑hoc committee in terms of Regulation 8 of the said Regulations. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 566. ......Petitioner. Abu Taher Chowdhury with Shah Md. Habibur Ral‑unan, Advocates ‑ For Respondent Nos. 3 to 12. Writ Petition No.2383 of 1990. Judgment Md. Abdul Jalil J.- This rule calls in question the appointment of a Special Type of Managing Committee for Uttar Kafrul High School situat......t delivered by this Court in which one of us was a party in Writ Petition No.2577 of 1990 wherein it was held that the constitution of the Special Committee was done without any lawful authority. The facts of the said case are similar to the instant case. 5. Mr. Abu Taher Chowdhury, learned Advo..Category: Civil Law | Date: | Hits: 89
KM Sarwar Hossain Vs. Mosharraf Hossain and others, 1993, 22 CLC (HCD)
.... Title Suit No.21 of 1993 of the 3rd Court of Assistant Judge, Dhaka is hereby rejected. Send down the lower Court record at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 562. ......e been obtained before the institution or the suit under section 20(b) and in the reported case the High Court upheld the order under which the leave was given after the framing of the issues. On the question of temporary injunction, Mr. Pal contends that the learned judge has committed an error of ......reprehensible when the plaintiff after having failed to obtain an order of injunction in the earlier suit brings the later suit and prays for injunction and gets ad interim injunction suppressing the facts that he had the other suit in another Court which had refused to grant injunction. It is no va..Category: Civil Law | Date: | Hits: 104
Hosne Ara Begum Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (HCD)
....laintiff. Considering the facts and circumstances of the case, we pass no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 554. ......of 1976 and in that title suit she got a decree and it was declared that the suit property cannot be treated and declared as an enemy property. It is also record that in the year 1969 the property in question was treated as enemy/vested property by the Vested Property Authority who leased out the sa...... the rent of the premises in question and in the similar way thereafter at the rate of Tk. 6500.00 per month upto the delivery of the possession of the Suit property to the plaintiff. Considering the facts and circumstances of the case, we pass no order as to costs. Send down the LC records immed..Category: Property Law | Date: | Hits: 75
Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)
.... other appeal being Civil Appeal No.59 of 2006 is disposed of with the above observations. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 273, 8 LG (AD) (2011) 177, VIII ADC (2011) 652. ......sion of law to be complied with by the requiring body before the acquiring authority proceeds for acquisition of the land if such acquisition is made not for public purposes of the Government but the question is when the compensation is to be deposited by the requiring body? As noticed above, there ......d also on a provision of law which is not applicable will be barred by the principle of res judicata in a subsequent writ petition on the same subject matter. It would be profitable if we narrate the facts out of which these appeals arise. 2. Respondent No.1, Rabitat Al-Alam Al-Islami, (Rabitat) ..Category: Property Law | Date: | Hits: 93
Md. Nurul Hoque Sarkar @ Nurul Huq Vs. State and others, 2009, 38 CLC (AD)
.... law and we find no illegality in the judgment and order passed by the High Court Division and accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 430. ...... law and we find no illegality in the judgment and order passed by the High Court Division and accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 430. ......6 of 2000 relating to petition No.137 dated 31.03.1994 under Sections 406/409/420/465/467/471 of the Penal Code now pending before the Court of the learned Magistrate, First Class, Jessore. 2. The facts as set out in the memo of Criminal Miscellaneous Case No.4427 of 2001, inter alia, are that on..Category: Criminal Law | Date: | Hits: 85
Md. Nurul Absar Vs. State, 2008, 37 CLC (AD)
....gs and submissions of learned Advocate for the appellant, we find no substance in this appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 423. ......gs and submissions of learned Advocate for the appellant, we find no substance in this appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 423. ......er rigorous imprisonment for a period of 2 years and to pay a fine of Tk. 6,00000/- (Six lac), in default of payment, to suffer a further period of rigorous imprisonment for six months. 3. The facts, in short, are that the appellant was a Chairman of Cox's Bazar Pourashava and in such capacit..Category: Criminal Law | Date: | Hits: 89
Abdul Alim Akondo Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)
....acts and circumstances of the case, we find no reason to disturb the same. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 417.......acts and circumstances of the case, we find no reason to disturb the same. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 417.......ction 115 of the Code of Civil Procedure and summarily rejected the same by his impugned order. We do not find any wrong or infirmity in the impugned order calling for our interference. In above facts and circumstances of the case, we find no reason to disturb the same. The leave-petition is ac..Category: Property Law | Date: | Hits: 61
Sylhet Moulvi Bazar Motor Malik Group and another Vs. Ataur Rahman and others, 2008, 37 CLC (AD)
....ision No.1625 of 2007 pending in the High Court Division. With this observations this petition for leave to appeal is disposed off. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 415. ......ision No.1625 of 2007 pending in the High Court Division. With this observations this petition for leave to appeal is disposed off. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 415. ......et in Miscellaneous Appeal No.08 of 1996 affirming Order dated 19.02.1996 passed by the learned Senior Assistant Judge and Rent Controller, Sylhet Sadar in Miscellaneous Case No.29 of 1994. 2. The facts, in short, are that the suit premises belonged to one Momtaz Ali. The petitioner took lease of..Category: Property Law | Date: | Hits: 58
Sreemoti Shipra Shaha Vs. Judge, Artha Rin Adalat No.3, Dhaka and others, 2009, 38 CLC (AD)
....the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)149.......the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)149.......subject to payment of interest of TK.6.00 lac as double of the principal amount by instalments within one year in view of limitation imposed by Section 47 of the Artha Rin Adalat Ain, 2003. 2. The facts involved in the case, in short, are that the petitioner never approached the respondent No.2 P..Category: Civil Law | Date: | Hits: 94
Sheikh Hassan Vs. Mst. Shiriya Begum and another, 2009, 38 CLC (AD)
....cord arrived at a correct decision and accordingly there is no cogent reason to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 146.......cord arrived at a correct decision and accordingly there is no cogent reason to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 146.......াখ্যা নাই। In view of the admission of defendant No. 1 about the execution of the bainapatra Ext. 1, it is difficult at this stage to disagree with the concurrent findings of facts of the courts below and to offer an opportunity to contesting defendant to fill up the lacuna ..Category: Property Law | Date: | Hits: 54
Bangladesh Steel & Engineering Corporation Vs. Arif A. Shekha and others, 2010, 39 CLC (AD)
....lawful authority. No case has been made out for review. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)137. ......vernment being satisfied as to the genuineness of their claim. Suddenly appellant No.1 received the impugned Memo No. Shilpa/Dairy No.037/DT-2-/87/3028 dated 27.05.1987 intimating that the company in question and another company would not be released to its shareholders as it was done in the case of......lawful authority. No case has been made out for review. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)137. ..Category: Business or Commercial Law | Date: | Hits: 195
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