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Bashir Ali and others Vs. State, 1992, 21 CLC (HCD)
....dictions in their evidence as to discovery of the dead body as pointed by the accused persons. 15. Thus we arrive at the conclusion that the learned Additional Sessions Judge erred both in law and facts in convicting and sentencing the accused appellants and his finding as quoted above is erroneo......e is also Reported in: 45 DLR (HCD) (1993) 63. ......the Court where she stated that Jamshed took away her husband on the plea that there would be a salish in Jamshed's house. P.W.5 Latifa Bibi is the mother of deceased Amjad. She only corroborated the evidence of P.W.3 that Jamshed called and took away her son Amjad on the plea that a salish would be..Category: Criminal Law | Date: | Hits: 62
Commissioner of Taxes Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, Shampur, 1991, 20 CLC (HCD)
....t Abdul Bari Sarker J.- These three cases arise out of applications under section 66(1) of the Income Tax Act, 1922 filed by the Commissioner of Taxes, Maka (South) Zone, Dhaka. 2. The relevant facts of the cases are that the respondent M/s. Ujala Match Factory, Dhaka filed income tax return f......¦Respondent. Judgment June 2, 1991. Lawyers Involved: Moksudor Rahman, Advocate – For the Applicant. CR Ali with Abu Bakar, Advocates‑ For the Respondent. Application Nos. 1, 2 and 3 of 1984. Judgment Abdul Bari Sarker J.- These three cases arise out of applications unde......n 66A(2) of the Income Tax Act, 1922 for preferring an appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ..Category: Fiscal/Taxation Law | Date: | Hits: 171
Majiruddin Ahmed, Advocate Vs. Chairman, Bangladesh Bar Council and others, 1991, 20 CLC (HCD)
....51. The Tribunal after a case is referred to it, shall have power to suspend the Advocate concerned, pending enquiry against him and to vary or rescind such order”. An order of suspension in the facts and circumstances of the present case and when the petitioner’s enquiry is still pending, is......inal Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Mainur Reza Chowdhury J Majiruddin Ahmed, Advocate…………..Petitioner Vs. Chairman, Bangladesh Bar Council and others ..... Respondents Judgment April 30, 1991. Lawyers Involved: Majiruddin Ahme......erably within three months from date and the petitioner Advocate is directed to duly appear before the Tribunal on the dates of hearing. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 35...Category: Employment/Service Law | Date: | Hits: 94
Bangladesh Vs. Abdul Wahab & others, 1991, 20 CLC (HCD)
....control of the party and the delay was condoned. 12. The learned Advocate appearing for the opposite parties submits that the cited decisions referred to above have no manner of application to the facts of this case and that it is patent from the facts referred above that petitioner acted neglige...... Judgment Syed Fazle Ahmed J.- The rule which arose out of the application condonation of delay in preferring appeal was heard by the Bench comprising Mr. Justice Bimalendu Bikesh Roy Choudhury and Mr. Justice Abdul Hasib and as their Lordships failed to return an unanimous verdict, their Lord......ion must be exercised on well recognised principle. It is true that in the matter of discretion no one case can be authority for another but at the same time discretion when exercised must proceed on evidence or material which the Court can legally take notice of. 18. It is true that while consid..Category: Procedural Law | Date: | Hits: 87
Tajjaternessa Vs. Md. Suruj Mia and others, 1992, 21 CLC (HCD)
....the legality of the order dated 8.11.1984 passed by the Munsif, 3rd Court, Comilla rejecting his application to vacate the earlier order dated 25.8.1984 passed in Title Suit No.225 of 1963. 2. The facts relevant for the purpose of disposal of this Rule are, that Amir Hossain, predecessor‑in-int...... DLR (HCD) (1993) 28. ...... 1963 is set aside. Any of the parties to decree in that suit may apply for engrossment of the decree on stamped paper, if so advised. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 28. ..Category: Property Law | Date: | Hits: 76
Abdul Jalil Vs. Chairman, Rural ElectriÂfication Development Board and others, 1992, 21 CLC (HCD)
....authorised by law. The impugned restriction, therefore, was not imposed by law. Of course, the petitioner cannot claim to be enlisted unless he is qualified in accordance with the rules. 8. In the facts and circumstances as discussed above we are of the opinion that the petitioner’s fundamental......n (Special Original Jurisdiction) Present: Md. Abdul Jalil J Mohammad Fazlul Karim J Abdul Jalil...............Petitioner Vs. Chairman, Rural ElectriÂfication Development Board and others..................Respondents Judgment November 12, 1992. Lawyers Involved: M...... No.89 taken on 8.1.86 by the Board so far as it relates to the petitioner is declared to have been made without any lawful authority. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 24. ..Category: Constitutional Law | Date: | Hits: 187
Sheikh Md. Shahidun Nabi Vs. University of Dhaka and others, 1991, 20 CLC (HCD)
.... Controller of Examinations, University of Dhaka on 23.1.90 to the Barhamganj College should not be declared to have been made without lawful authority and to have of no legal effect. 2. The short facts of the case are, that the petitioner passed HSC examination in the year 1985. On completion of...... (Civil Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Mainur Reza Chowdhury J Sheikh Md. Shahidun Nabi................Petitioner Vs. University of Dhaka and others...................Respondents Judgment March 14, 1991. Cases Referred to- Was......o deal with the problem posed by the adoption of unfair means by candidates, and normally it is within the jurisdiction of such domestic Tribunals to decide all relevant questions in the light of the evidence adduced before them. In the matter of the adoption of unfair means, direct evidence may som..Category: Others | Date: | Hits: 122
Abdul Jalil Sheik Vs. Md. Abdul Quddus Sarker, 1991, 20 CLC (HCD)
....‹ŕ¦¨ প্রতিকার পাইতে পারে না।” 4. Thereafter the pre‑emptor filed a review petition under Order 47, rule 2 of the Code of Civil Procedure stating all the facts about non‑payment of cost of Taka 200.00. Under Order 47, rule 2 of the Code of Civil Proced......arty. Judgment June 12, 1991. Lawyers Involved: Abdul Momin Talukder, Advocate ‑For the Petitioner. Not represented ‑ the Opposite Party. Civil Revision No. 1332 of 1991 (Dhaka) and Civil Revision No. 272 of 1986 (Rangpur). Judgment Abdul Hasib J.- This Rule calls in ques......€‘payment of cost of Taka 200.00. Under Order 47, rule 2 of the Code of Civil Procedure an application for review for any mistake or any other error other than discovery of new or important matter or evidence can be made. Accordingly, this application i.e. Miscellaneous Case No.26 of 1985 for review..Category: Property Law | Date: | Hits: 75
Afzal Meah Vs. Bazal Ahmed and others, 1991, 20 CLC (HCD)
....sc. Appeal referred above and as such his Judgment and order do not interference. In the result, the Rule is discharged with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 15. ...... in: 45 DLR (HCD) (1993) 15. ......xecuted on 23.7.81 i.e. prior to the filing of the pre‑emption case there is nothing left to be pre‑empted. In view of this fact the pre‑emption case is not maintainable. 7. Both parties led evidence in support of their respective contention and on consideration of such evidence the teamed ..Category: Property Law | Date: | Hits: 72
.... purchaser never entered into any agreement with the vendor for reconveyance of the purchased land and he has also not authorised Yunus Mia to execute any agreement on his behalf. He submits that the facts and circumstance indicated that the transaction is out and out a sale and can never be constru......
Moulavi Mohammad Wahidullah, Advocate-For the Respondent No.2.
Writ Petition No. 232 of 1985.
Judgment
Mahmudul Alam Choudhury J. - This Rule Nisi was issued calling upon Respondent Nos.1 and 2 to show cause as to why the decision dated 10.4.85 given by the respondent No.1 in ML Case No.......ugned order passed by the Upazila Revenue Officer in the aforesaid ML Case was passed without any lawful authority and is of no legal effect.
Ed.
This Case is also Referred to: 48 DLR (1996) 25. ..
Category: Property Law | Date: | Hits: 91
Munshi Amiruddin Ahmed Vs. Begum Shamsun Nahar, 1994, 23 CLC (HCD)
....ent and other materials on record, submitted that Court below acted illegally in relying on the decision in the case of Shamsuddin Ahmed Vs. Mohd. Hassan and others reported in 31 DLR (AD) 155 as the facts of that case is distinguishable from the facts of the present case as has been noticed by the ......iff Petitioner Vs. Begum Shamsun Nahar…………………………………..Defendant Opposite party Judgment July 21, 1994. Cases Referred To- Shamsuddin Ahmed Vs. Mohd. Hassan and others 31 DLR (AD) 155; Mosammat Rahima Khatun Vs. Abdur Rashid Bhuiyan and another 1984 BCR 520......dge in refusing for ejectment in favour of the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Referred to: 48 DLR (1996) 21. ..Category: Tenancy Law | Date: | Hits: 167
Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)
....Joint Secretaries Âin the aforesaid Ministry by the Government no consultation with the Supreme Court was held. 20. The factual matrices of this writ petition are thus undisputed. 21. Certain facts such as the allegations made regarding Mr. Khondakar Md. Abu Bakar by the petitioner in his wr......ddin (Md.)....................................................Petitioner Vs. Bangladesh, represented by Secretary, Ministry of establishment, Government of the People’s Republic of Bangladesh and others………………….Respondents Judgment February 20, 1995. Cases Referred to-...... Majumder, the learned Advocates for the petitioner. The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ..Category: Employment/Service Law | Date: | Hits: 173
....tus quo. This prayer was refused by the High Court Division. Leave was granted to consider whether the High Court Division was correct in refusing the status quo.
2. The crucial question is in the facts and circumstances of the case whether the excess land is retainable in view of section 20 of t......
FKMA Munim CJ
Ruhul Islam J
Badrul Haider Chowdhury J
Shahabuddin Ahmed J
Debishahar Agricultural & Fish Farming Co-operative Society Ltd………....Appellant
Vs.
Narayan Chandra Swarnakar & others…………..Respondents
Judgment
March 11, 1982.
Lawyers invo......nst the Government is maintainable whether it is filed by the ex-rent receivers directly or in the name of their co-operative Society.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 98.
..
Category: Procedural Law | Date: | Hits: 68
Bangladesh Vs. M/s. Mashrique TexÂtiles and others, 1982, 11 CLC (AD)
....here is, a dispute between the parties arising under the agreement. Therefore, this dispute should be referred to the Arbitrator as envisaged in clause 21 of the agreement between the parties. In the facts and circumstances of the case, I hold that provisions of section 20 of the Arbitration Act can...... (Civil) Present FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Bangladesh.........Appellant Vs. M/s. Mashrique TexÂtiles and others...........Respondents Judgment May 18, 1982. Cases Referred To- Dhanrajamal ...... the parties, or, if otherwise, between the applicant and other parties. (2A) A miscellaneous case registered under sub-section (2) shall, unless the Court considers it necessary to take any other evidence, ordinarily be disposed of on an affidavit. (3) On such application being made, the Cour..Category: Alternative Dispute Resolution | Date: | Hits: 147
Zebunnessa Vs. Commissioner of Income Tax North (Zone), Dacca, 1982, 11 CLC (AD)
....he assessment under section 34-A of the Act, by her letters dated 19-7-76 and 31-7-76 contending therein that the Income Tax Officer having made the assessment with full knowledge of all the material facts and after due consideration thereof, in absence of any fresh material, there was no scope to a......cate-on- Record - For the Appellant. Habibul Islam Bhuiyan, Advocate, instrucÂted by Md. Sajjadul Huq, Advocate-on-Record - For the Respondent. Civil Appeal No.60 of 1981 (From the Judgment and Order dated 48-1980 passed by the High Court Division in application No. 28 of 1978) Judgment......ordance with the statutory provision of section 9 of the Act and that the inspecting Joint Commissioners; determination of bonafide annual value at Tk.1,80,000/- is illegal and not based on any legal evidence. 4. The Inspecting Joint Commissioner of Taxes, however, rejected the objection, agains..Category: Fiscal/Taxation Law | Date: | Hits: 88
Abdul Haque Miah and another Vs. Abdul Rashid & another, 1982, 11 CLC (AD)
.... Division confirming the order of the lower appellate court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 54. ......eported in: 35 DLR (AD) (1983) 54. ......clause (a) of sub-section (10) of section 96 of the State Acquisition and Tenancy Act. Secondly, they denied that the pre-emptor is a co-sharer by inheritance. The learned Munsif, on consideration of evidence, found that the pre-emptor is a co-sharer by purchase and not by inheritance, but neverthel..Category: Property Law | Date: | Hits: 72
Abdur Rahman and others Vs. Sultan ® Sultan & others, 1982, 11 CLC (AD)
....any equitaÂble relief. In the result, therefore, this appeal is alloÂwed with costs. The order of the High Court Division is set aside. Ed. This Case is also Reported in: 35 DLR (1983) 51. ...... (1983) 51. ......any equitaÂble relief. In the result, therefore, this appeal is alloÂwed with costs. The order of the High Court Division is set aside. Ed. This Case is also Reported in: 35 DLR (1983) 51. ..Category: Procedural Law | Date: | Hits: 72
Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
....e law as it exists “today”, no finality can be attached to the judgment when that judgment being challenged may be reversed, altered or modified. To appreciate this view a brief discussion of the facts of those cases is essential. 61. In the case of Dosso the appellant was tried and convicte......h & another.............Appellants Vs. Md. Salimullah............Respondent (In Civil Appeal No. 90 of 1981) And Bangladesh………….Petitioner Vs. Hamidul Huq ChowÂdhury and others..............Respondents (In Civil Petition Nos. 30 & 31 of 1982) And Syed Ali.......n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ..Category: Constitutional Law | Date: | Hits: 181
Md. Anowarul Mustakin and another Vs. State, 2011, 40 CLC (HCD)
....scharged from their respective bail bonds. Send down the lower Court records with a copy of this judgment immediately. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... Ed. This Case is also Reported in: ....... 5. In order to substantiate the allegation against the appellants the prosecution in all examined as many as 11 witnesses who were cross-examined by the defence. 6. After completion of taking evidence the convict appellants were examined under section 342 of the Code of Criminal Procedure (t..Category: Criminal Law | Date: | Hits: 68
Ganesh Oil Mills Vs. Commissioner of Income Tax, 1978, 7 CLC (AD)
....ter an appeal was preÂferred before Income Tax Appellate Tribunal Dacca Bench, Dacca. The said Tribunal reÂjected the appeal upholding the assessment order of the Sales Tax Officer. 4. In these facts the following question was framed by the Tribunal for the opinion of the High Court Division- ......te-on-Record - For the Appellant. A.K.M. Mozammel Haque Bhuiyan, Advocate instructed by S.S. Hoda, Advocate-on- Record - For the Respondent. Civil Appeal No.75 of 1977. (From the Judgment and Order 10th April, 1975 passed by the High Court Division in Reference Case No.28 of 1969). J...... 12. The expression "mistake apparent on the face of the record" has been accepted to mean a patent error or an error which is self evident on the face of the record and does to require argument or evidence or a long drawn process to establish it. In the preÂsent case the order dated 12-9-62 of t..Category: Fiscal/Taxation Law | Date: | Hits: 77
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