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Matiur Rahman Bepari Vs. Wazuddin Bepari & others, 1999, 28 CLC (HCD)
....-6-91 is maintained. 8. 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: 52 DLR (2000) 450. ......ps and the appeal was dismissed for default. Subsequently, the appellant opposite parties filed an application for restoration of the appeal under a wrong provision of law. 5. It is found from the record that the learned Subordinate Judge re-admitted the appeal by the impugned order without servi......bordinate Judge re-admitted the appeal by the impugned order without serving a copy of the application for re-admission upon the respondent, although on an earlier occasion he had passed an order for service of notice upon learned Advocate of the respondents. The learned Subordinate Judge by his ord..Category: Procedural Law | Date: | Hits: 77
Abdul Awal (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....the Appellate Division and hence we allow the prayer and accordingly grant certificate for preferring appeal before the Appellate Division. Ed. This Case is also Reported in: 52 DLR (2000) 442. ......t and there is no time limit for service of notice under section 34 and there is also no time limit for completion of the assessment. 6. We have perused the application and the papers available on record and considered the submissions made by the learned Advocate for the respective parties. 7....... the notice under section 34 served on 25-12-83 was a valid one whether the Taxes Appellate Tribunal was right in maintaining that the assessment made on 30-6-85 i.e. beyond one year from the date of service of such notice was not barred by limitation.” 3. Mr. MA Noor, the learned Advocate appe..Category: Fiscal/Taxation Law | Date: | Hits: 96
Bibi Zarina and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....-91 passed by the 1st Court of Settlement in Case No.719 of 1987 within 3(three) months from the date of receipt of the copy of the judgment. Ed. This Case is also Reported in: 52 DLR (2000) 439.......ction with that Writ Petition No.1009 of 1993 cannot have any bearing upon the present Rule because it has been filed by the authorised person. 8. From a perusal of the petitions and the papers on record it appears that there were sufficient materials before the Court of Settlement to arrive at a......-91 passed by the 1st Court of Settlement in Case No.719 of 1987 within 3(three) months from the date of receipt of the copy of the judgment. Ed. This Case is also Reported in: 52 DLR (2000) 439...Category: Property Law | Date: | Hits: 90
Manager, Bangladseh Krishi Bank and others Vs. Al-Haj Md. Nurul Islam & another, 1999, 28 CLC (HCD)
....y set aside and Money Suit No.1 of 1991 of the Court of Subordinate Judge, Munshiganj in dismissed. There shall be no order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 434. ......taining the decree in respect of principal amount and only modifying the rate of interest from the date of institution of the suit till realisation. 12. On scrutiny of the pleading and evidence on record we find that the plaintiff totally failed to prove that defendant Bank was under a legal obli......ioner before the Administrative Tribunal was appointed by the defendants and appeal was also dismissed by the appellant who are also employees of the Bank but nonetheless the plaintiff was not in the service of those officers and any decree against those of the Bank cannot be executable against the ..Category: Civil Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Aziz Pipes Limited, 2003, 32 CLC (AD)
....ll realization of the decreetal amount if it is not paid within a period of 90 days from date. The parties are to bear their own costs. Ed. This Case is also Reported in: II ADC (2005) 221. ......sed. The defendant asserts that no excess amount was recovered and as such the suit of the plaintiff is liable to be dismissed. 8. The learned Subordinate Judge, after considering the evidence on record, decreed the suit. The BSRS then preferred the aforesaid appeal before the High Court Divisio......ll realization of the decreetal amount if it is not paid within a period of 90 days from date. The parties are to bear their own costs. Ed. This Case is also Reported in: II ADC (2005) 221. ..Category: Civil Law | Date: | Hits: 126
State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)
....lna having firm named "M/S. Bhairab Traders" and a regular income tax payee having TIN being No.415-100-3036, folio-6455. The respondent No.3 is also a contractor and a builder and supplier of wooden goods having his firm named "M/S. Polash Enterprise" and an income tax payee having TIN being No. 41......ing for the appellant and Mr. Rafique-ul Huq, learned Counsel appearing for the respondents and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 9. The learned Attorney General submits that during the subsistence of Emergency period ......ause 5 of Article 6 of the Laws (Continuance in Force) Order cannot be called in question in any Court. 46. The language used was:- "(3) Notwithstanding anything in clause (1) a person in the service of Pakistan may, if he is found inefficient or guilty of subversive activities, corruption o..Category: Criminal Law | Date: | Hits: 100
.... costs. The impugned order of the respondent No. 1 is declared to have been passed without any lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 40 DLR (1988) 163.
...... costs. The impugned order of the respondent No. 1 is declared to have been passed without any lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 40 DLR (1988) 163.
...... that upon repeal of the said ordinance all officers and other employees of the Railway Board shall stand transferred to and become officers and employees of the Government and shall hold office Or service under the Government on the same terms and conditions as were applicable to them immediately..
Category: Labour and Industrial Law | Date: | Hits: 170
Eser Ali Sheikh (Md.) Vs. Md. Mokarram Ali and others, 2001, 30 CLC (HCD)
.... of 1996 of the First Court of Subordinate Judge at Kushtia is also recalled and vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 612. ......hare to Sharijan by a registered deed of sale dated 3-2-59. Thus being owner in possession of the entire 41 shatak, Sharijan Nessa got her name mutated both in the revenue as well as in the Municipal records and possessed on payment of rents and taxes, etc. She had her dwelling house in 14 shatak of......injunction. She died leaving two sons, defendants No.1 and 2 who are opposite parties Nos.2 and 3 herein as her only heirs and legal representatives. 4. It was also stated that the plaintiff was a service holder and he could not wait for completion of the negotiation and left for his service leav..Category: Property Law | Date: | Hits: 91
Sumikin Bussan Corporation Vs. Chittagong Port Authority and Others, 2001, 30 CLC (HCD)
....: The Purchaser will examine the technical bids preliminary to determine whether they are complete, whether the bidder is capable of performing the contract as per clauses 15 & 16 and the offered goods are eligible as per clauses 15 & 17, whether required securities have been furnished, whet...... one point in our Bidding Document submitted to you, which is to be clarified. In this regard, we are explaining this point as follows: (1) Referring to Chapter 6.1(List of customers and supply records delivered for the last. 5 years) of our Bidding document, please note that the total supplie......rt Authority, the respondent No.1, which found respondent No.8 as a non-responsive bidder in respect of the bid for supply of four Rail Mounted Quay Gantry Cranes (QGC) with necessary spare parts and services and declare the result of Price Bid opened on 2 1-9-2000 and as to why respondent No.8, nam..Category: Others | Date: | Hits: 153
Sk Sohrab Ali Vs. Gazi Abdur Rashid and others, 2000, 29 CLC (HCD)
....is order, with notice to the contending parties. Communicate the order to the learned Subordinate Judge, 3rd Court, Dhaka at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 598. ......by his impugned order dated 4-11-80 allowed the prayer of the defendant petitioner for adjournment with Taka as CP cost payable to the plaintiff fixing 3-12-80 peremptory hearing. It appears from the record that on an earlier occasion the learned Subordinate Judge granted an adjournment to defendant......is order, with notice to the contending parties. Communicate the order to the learned Subordinate Judge, 3rd Court, Dhaka at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 598. ..Category: Procedural Law | Date: | Hits: 82
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
....everal amendments in the Act. If mere filing of an appeal arrests the disqualification under section 8(2) and that disqualification results only from the final judgment of conviction, that would hold good for all including the sitting members and section 8(3) is superfluous. But then such an intenti...... and other provisions held as follows: “The appeal having once been allowed, it has to be held that the conviction and sentence were vacated with effect from the date of which the conviction was recorded and the sentence awarded. In a criminal case, acquittal in appeal does not take effect mere......a bare reading of the aforesaid two Articles (123 and 125) will show that there is no apparent conflict between them. Rather the consequences that would follow, if these two Articles are pressed into service in relation to the sane seat, would not only lead to an absurdity but would also create a co..Category: Constitutional Law | Date: | Hits: 202
Abu Sayed Vs. State, 2001, 30 CLC (HCD)
....he time the Sessions Judge at Pabna Send down the records of the case at once if he is not wanted in connection with any other case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 559. ......ss to a seizure list. On 6-4-89 accused Majid, and on 17-7-89 accused Farid and Tara confession and P.W. 13 Mizanur Rahman who the Thana Nirbahi Officer at the time and inch of the Upazila Magistrate recorded their confession and proved those confessions. But on 11-3-90 at the time of their examinat......he time the Sessions Judge at Pabna Send down the records of the case at once if he is not wanted in connection with any other case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 559. ..Category: Criminal Law | Date: | Hits: 41
Sultan Mia (Md.) Vs. Hazi Md. Yusuf, 2001, 30 CLC (HCD)
....pers filed by the applicant is, in my view, not in accordance with law. Inquiry contemplated under rule 100 is restricted to the question of possession only and even though the applicant may not have good title to the property, if he can show that he was not in possession on behalf of the judgment d...... Specific Performance of Contract for sale of schedule ‘Ka’ property. During pendency of the suit said Md. Jalaluddin died and his heirs have been substituted in the suit and they were brought on record. Ultimately, the suit was decreed on the basis of solenama filed in the Court on 3 1-10- 1996......e of the matter expeditiously preferably within 3 months from the date of receipt of the order. Send down the lower Court records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 555. ..Category: Property Law | Date: | Hits: 82
Molla Mahjenul Islam Vs. State and others, 2001, 30 CLC (HCD)
....d not enter into the merit of the suit and decide whether a suit is maintainable or not. But at the same time, the Court should see that the plaintiff has been able to satisfy the Court that he has a good prima facie arguable case to be considered at the trial. If it is shown that the reliefs sought......ion filed by the Mutawalli to the Minister, Ministry of LGRD., the plaintiff has admitted that the annuity of the suit property has been fixed at Taka 2000 for 5 years. I find sufficient materials on record in support of the observation made by the learned Additional District Judge. On the other han......rder as to costs. The status quo order passed by this Court earlier is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 552...Category: Property Law | Date: | Hits: 105
Anwar Hossain Vs. Election Commission of Bangladesh and others, 2001, 30 CLC (HCD)
....ny lawful authority. In the premises, the Rule is made absolute in view of the reasons stated above without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 546. ......was away from the country. In this case Election Commission has been impleaded as respondent No.1, but it did not appear and contest the Rule. In any view of the matter, since there is no material on record or even any assertion by any of the respondents that delegation of power was made by the Chie......ny lawful authority. In the premises, the Rule is made absolute in view of the reasons stated above without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 546. ..Category: Constitutional Law | Date: | Hits: 196
.... further directed that the petitioner should not be evicted without observing the provisions of law. There will be no order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 540.......l that the provision of time limit in section 5 is directory. We are of the view that the time limit of 7 days’ notice period of section 5 is mandatory. Further, it appears that there is nothing on record to show that any notice was given to the basti people or the petitioner about the eviction sc......thorised occupant, he may issues in the prescribed manner, a notice directing such person to vacate the land, building or part thereof in his occupation within a period of seven days from the date of service of the notice.
“Provided that the Deputy Commissioner may where he is satisfied that th..
Category: Property Law | Date: | Hits: 97
Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)
....s of the case, we direct the parties to bear their respective costs all through. Send down the lower Court’s Record immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 535. ...... remand—The revisional application could be disposed of by the High Court Division without sending the case on remand to the trial Court. Both oral and documentary evidence having been available on record there was no necessity for the remand as ordered by the High Court Division. i.e. the princip......s of the case, we direct the parties to bear their respective costs all through. Send down the lower Court’s Record immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 535. ..Category: Civil Law | Date: | Hits: 71
Ibrahim (Md.) Vs. State, 2000, 29 CLC (HCD)
....e record to the learned Sessions Judge Bagerhat in accordance with the provisions of section 205C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 533. ......case to the Court of Session; (b) subject to the provision of this Code relating to bail, remand the accused to custody during, and until the conclusion of the trial; (c) send to that Court the records of the case and the documents and articles, if any which are to be produced in evidence; ......e record to the learned Sessions Judge Bagerhat in accordance with the provisions of section 205C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 533. ..Category: Criminal Law | Date: | Hits: 39
Shuinya @ Suruj Ali Vs. State, 2000, 29 CLC (HCD)
....ces the object of which is the silencing of fire-arms; (iii) air pistols, bayonet swords, sword-sticks, dagger, knives with blades of four inches or more (but not kitchen) knives or knives used in good faith for the carrying of a profession), and flick-knives irrespective of the size of the blade...... our above discussion, we find no reason to interfere with the impugned judgment and order. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 527. ......es not include articles designed solely for domestic or agricultural uses as a lathi or an ordinary walking stick and weapons incapable of being used otherwise than as toys or of being converted into serviceable weapons.” 9. In Pakistan, amendment of the Act was first made by the West Pakistan ..Category: Criminal Law | Date: | Hits: 40
Government of Bangladesh Vs. ASM Ferojuddin Bhuiyan, 2000, 29 CLC (HCD)
....t Judge, Second Court, Dhaka in Title Appeal No.136 of 1997 are maintained. Lower Courts Record be sent as immediate as possible. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 522. ......t of his case. Defendants did not produce any witness in support of their case. 10. Learned Senior Assistant Judge, First Court, Dhaka by judgment and decree dated 29-5-1997 dismissed the suit. In recording dismissal the learned Senior Assistant Judge as the trial Judge held that it was not prove......appeared for the petitioners. Opposite party is represented by Mr. Md. Nurul Huq, with Mr. AKM Shahidul Huq, Ms. Tania Siddiqua and Ms Chamon Akhter, learned Advocates. 14. Contention pressed into service from the side of defendants petitioners is that the plaintiff got no status or character to ..Category: Property Law | Date: | Hits: 83
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