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Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)
....27 of 1992, 28 of 1992, 29 of 1992, 30 of 1992, 32 of 1992, 31 of 1992, 34 of 1992, 35 of 1992. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 509. ......iness activities. Although in the second set of reference applications the Commissioner of Taxes contested but they did not file any affidavit-in-opposition. Thus it is apparent from the materials on record that these corporations did not carry on any business in the assessment years under considera......27 of 1992, 28 of 1992, 29 of 1992, 30 of 1992, 32 of 1992, 31 of 1992, 34 of 1992, 35 of 1992. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 509. ..Category: Fiscal/Taxation Law | Date: | Hits: 86
.... are of the view that the petitioner should be saddled with cost.
In the result, the Rule is discharged with cost of Taka 5,000.00 only.
Ed.
This Case is also Reported in: 51 DLR (1999) 208.
......o the petitioner. At the time of issuance of the Rule operation of the impugned order was stayed.
2. Learned Advocate appearing for the petitioner after placing the petition and other materials on record submitted that respondents having accepted the offer of the petitioner by letter dated 15-8-9...... are of the view that the petitioner should be saddled with cost.
In the result, the Rule is discharged with cost of Taka 5,000.00 only.
Ed.
This Case is also Reported in: 51 DLR (1999) 208.
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Category: Property Law | Date: | Hits: 102
Shahid Mia and anothers Vs. State, 1998, 27 CLC (HCD)
..... State reported in 14 BLD 604, Dula Miah Vs. State reported in 44 DLR 209 and Riasat Ali Vs. Ghulam Mohammad reported in 20 DLR (SC) 339 though it has been observed that delay in concluding trial is good ground for allowing bail to the accused in the circumstances of the present case as noted above...... the provisions of sub-section (4) of section 339C of the Code which provides that if trial could not be concluded within 360+30 days then the accused may be released on bail unless for reasons to be recorded in writing the Court otherwise directs. It appears from the impugned order dated 2-11-98 th......esent case as noted above we find that the said principle is not applicable to the appellants. In the result, the application is rejected. Ed. This Case is also Reported in: 51 DLR (1999) 207...Category: Criminal Law | Date: | Hits: 35
Sabed Ali Howlader and Others Vs. Abdul Barek and other, 1998, 27 CLC (HCD)
.... suit in accordance with law. The trial Court is directed to dispose of the suit as expeditiously as possible preferably within 3 months. Ed. This Case is also Reported in: 51 DLR (1999) 204.......herited 0.26667 acre of land each. Nasruddin Choukider also left one daughter namely, Malancha who inherited 0.1333 acre of land. During CS operation the said Sonamuddin and Asanuddin got their names recorded in the CS Khatian excluding the name of Masudjan the daughter of Nasuruddin Choukider and t...... suit in accordance with law. The trial Court is directed to dispose of the suit as expeditiously as possible preferably within 3 months. Ed. This Case is also Reported in: 51 DLR (1999) 204...Category: Property Law | Date: | Hits: 102
Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)
....rar is directed to send copy of this judgment to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199.......ssions Case No. 633 of 1996 pending in the 3rd Court of the Additional Sessions Judge, Dhaka. 2. Learned Advocate for the petitioners made extensive submissions after referring to the materials on record specially order-sheet of Sessions Case No. 633 of 1996 arising out of Gulshan PS Case No. 19 ......rar is directed to send copy of this judgment to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199...Category: Criminal Law | Date: | Hits: 33
Abdur Rouf (Md.) and another Vs. State, 1998, 27 CLC (HCD)
....irected to surrender to their bail bonds immediately to serve out the sentence imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (1999) 192.......ppropriated Taka 1,71,870.00 for themselves or for others and thereby causing wrongful losses to the Bank. 3. An Officer of the Bureau of Anti-Corruption investigated the case, examined witnesses, recorded statement of the witnesses under section 161 of the Code of Criminal Procedure, seized docu......irected to surrender to their bail bonds immediately to serve out the sentence imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (1999) 192...Category: Criminal Law | Date: | Hits: 104
Dil Mohammad Vs. Jamir Hossain and others, 2004, 33 CLC (HCD)
....is satisfied that the suit would fail by reason of some 'formal defect' or for some 'other sufficient grounds'. 19. What is 'formal defect' has not been defined anywhere in the Code. But there are good authorities that the expression 'formal defect' should receive wide and liberal meaning. Even w......valuation, the suit was. On transfer to the aforesaid Court of Subordinate Judge, renumbered as Title Suit No. 82 of 1997. 3. Plaint case, in short, is that the suit land originally belonged to SA recorded tenant Abdur Rashid Matabbor, an uncle of the appellant. The Government acquired the suit l......aintiff is allowed to withdraw the appeal with permission to sue afresh on the subject matter as prayed-for. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 88...Category: Property Law | Date: | Hits: 83
Birla Tyres & another Vs. Sonali Anash Trading (Pvt) Ltd. and others, 2004, 33 CLC (HCD)
....ip. Now, they cannot compel their principal to undo the termination and compel to do what it is not legally bound to do. 20. The trial Court found the termination of the agency was not valid. Very good. The appellate Court affirmed such decision for reasons we failed to decipher. What would be th......heir suit was not maintainable. At best, they could sue for damages for breach of contract, if any. 8. Mr. Rafique-UI Huq, learned Senior Counsel, on behalf of the petitioners, took us through the record and submitted that even if the termination of the distributorship be conceded to be invalid t...... Orders granting temporary injunction and ad interim mandatory injunction are hereby set aside. Plaintiffs shall bear cost all through. Ed. This Case is also Reported in: 58 DLR (2006) 84. ..Category: Civil Law | Date: | Hits: 148
Atar Ali Sheikh (Md) & another Vs. Md Karam Ali Sheikh & others, 2003, 32 CLC (HCD)
....et aside and those of the trial Court are restored. Partition as affected by the Advocate Commissioner is made final. Send down the LCR. Ed. This Case is also Reported in: 58 DLR (2006) 81. ......y with the mandatory requirements of Order XLI, rule 31 of the Code of Civil Procedure. 4. Secondly, he submits that without considering the facts and circumstances of the case and the evidence on record the learned District Judge allowed the appeal just on the basis of memorandum of appeal. 5......et aside and those of the trial Court are restored. Partition as affected by the Advocate Commissioner is made final. Send down the LCR. Ed. This Case is also Reported in: 58 DLR (2006) 81. ..Category: Property Law | Date: | Hits: 70
Syed Abdul Alim alias Lalu Vs. DC, Dhaka and others, 2005, 34 CLC (HCD)
....s provided under Article 152 of the Constitution is not, therefore, applicable while interpreting the words "any court" vide paragraph 19(3) of the Fourth Schedule to the Constitution. 10. We find good deal of force in the above submission made by Mr. Abdul Malek. The words "any court" in paragra...... evidence and that the Special Martial Court No. 1 held the trial and convicted the petitioner awarding death sentence without taking cognisance stating that there are ample evidence and materials on record to justify holding of the trial and convicting and sentencing the petitioner for committing m......osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ..Category: Criminal Law | Date: | Hits: 52
Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)
.... however, denied that in her written statement Anwara Begum mentioned his name. Taherul Anwar never mentioned about his agreement, he denied. Taherul Anwar left the country for America in 1989-90 for good. He denied that there was an agreement with defendant Nos. 1 and 2 at a consideration of Taka 1......e of them present at the time so they could not resist. In the second week of December they came to know about the entry of the plaintiff. 37. Upon the aforesaid evidence, oral and documentary, on record the trial Court decreed the suit as prayed for. 38. On behalf of the appellant the decree ......r. He denied that he created the power of attorney in collusion with Anwara Begum. 29. PW 5 Nargis Sultana deposed to be an Advocate. She held local investigation as an advocate Commissioner after service of notice upon both parties. She submitted her report, exhibit 16. 30. In cross-examinat..Category: Property Law | Date: | Hits: 71
Mahfuz Anam & others Vs. State and another, 2005, 34 CLC (HCD)
....rict Magistracy. Send a copy of the judgment and order of the concerned Court below immediately for information. Ed. This Case is also Reported in: 58 DLR (2006) 60, 26 BLD (HCD) (2006) 26. ......n is the District Correspondent of the daily newspaper "Prothom Alo" at Magura. It is submitted that the complainant brought allegation against the accused petitioners without having any materials on record and that such type of allegations do not actually constitute any offence. It is submitted tha......rict Magistracy. Send a copy of the judgment and order of the concerned Court below immediately for information. Ed. This Case is also Reported in: 58 DLR (2006) 60, 26 BLD (HCD) (2006) 26. ..Category: Criminal Law | Date: | Hits: 100
Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)
....l Haque. 29. By impugned judgment and decree learned Joint District Judge decreed Other Suit No. 15 of 1998 on contest against defendant No. 1 Shamsul Haque and ex parte against the rest declaring good title of the plaintiffs Luna and Dana Rahman. In the suit property as prayed for and directing ...... and Sitesh Chandra Biswas were owners in possession as 'Korfa' tenants in equal share in said 36 decimals of land under one rent receiver, Protap Chandra Das Gupta and said Korfa tenancy was finally recorded in CS Khatian No. 124/20 in the name of Jadunath Sarker. While they were thus in possession......they appointed their Uncle Shamsul Haque caretaker of the suit property. Md Shamsul Hoque also gladly accepted the offer. It was decided that after paying necessary taxes, rents and rates for utility services and maintenance out of the rent. Md Shamsul Haque would deposit balance of the monthly rent..Category: Property Law | Date: | Hits: 139
Rupali Bank Ltd. and others Vs. Chairman, First Labour Court and others, 2005, 34 CLC (HCD)
....ointed by the petitioner bank, Rupali Bank, against temporary posts/positions either as GodownDarwan or Godown Chowkider or as Godown Keeper against various god owns to ensure security of the pledged goods of the borrowers of the petitioners' bank. The petitioners' bank, on the basis of application ...... temporary in nature came to an end. Hence there was no warrant in law to treat their employment as permanent and the labour cases were therefore liable to be dismissed. 5. The Labour Court having recorded the evidence adduced by both the parties and hearing the arguments advanced by the learned ......conflicting decision in 54 DLR 602 on the point, whether persons employed against a temporary post/position can be held to have been permanently employed because of some subsequent development in the service such as transfer from one post to another and from one place to another and or allowing thos..Category: Employment/Service Law | Date: | Hits: 85
State Vs. Mukul @ Swapan, 2004, 33 CLC (HCD)
....pon be set at liberty forthwith, if not wanted in connection with any other case. Communicate the order at once. Send down the LC record. Ed. This Case is also Reported in: 58 DLR (2006) 40. ...... defence witness. The condemned prisoner, however, submitted a written statement during his examination under section 342 Cr.P.C. 8. The learned Sessions Judge, on consideration of the evidence on record and hearing the learned Advocates of both the sides, found the accused Mukul @ Swapan guilty ......pon be set at liberty forthwith, if not wanted in connection with any other case. Communicate the order at once. Send down the LC record. Ed. This Case is also Reported in: 58 DLR (2006) 40. ..Category: Criminal Law | Date: | Hits: 49
Abu Taher Vs. State, 2005, 34 CLC (HCD)
....ted in any other case. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in : 58 DLR (2006) 34. ......ad body of his deceased daughter covered by a quilt lying on a cot. Then he going to Kaokhali Police Station informed the matter to the police, on the basis of which UD Case No. 2 dated 27-2-1984 was recorded and endorsed to Sub-Inspector Abdul Jalil Molla for investigation, who making inquest of th......ted in any other case. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in : 58 DLR (2006) 34. ..Category: Criminal Law | Date: | Hits: 41
Sultan Uddin Ahmed Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....nditioned machinery covered under letter of credit No. 140504020008 dated 1-11-2004 and further to show cause as to why the respondent No. 4 should not be directed to assess and release the aforesaid goods imported by the petitioners without any reference to the said Memo, as aforesaid and the order......ority. 6. We have heard the learned Advocate and perused the writ petitions along with the annexures appended thereto. We have examined the Import Policy Order 2003-2006 and all other materials on record. We have considered the argument of the learned Advocate for the petitioners. 7. It appea......l machineries and to release the same within 7 days from the date of receipt of this judgment. However, there shall be no order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 31. ..Category: Business or Commercial Law | Date: | Hits: 234
World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
.... legal part of a covenant, the contract is altogether void; but where you can sever them, whether the illegality be created by statute or by the common law, you may reject the bad part and retain the good." At page 391 of the above edition it is further stated as follows: "A promise made for......discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14.......he Financial Times, London on 1-12-1998 (Annexure- B). Article 4.2.2 of "RFP" provided that during the first four years of the licence term, MOPT would not license a fixed public wireline or wireless service operator to serve the Dhaka MEA other than the Licensee and the Bangladesh Telegraph and Tel..Category: Information Technology Law | Date: | Hits: 321
....er to exempt imposition of supplementary duty both at the import stage as well as at the manufacturing stage and the Government has exempted the imposition of supplementary duty in respect of various goods and, in the instant case, the allegation of discrimination has no nexus whatsoever in levying ......said view, we are not oblivious of the fact that while good faith and knowledge of the existing conditions on the part of the Government are to be presumed. But if there is nothing on the face of the record or the surrounding circumstances brought to the notice of the Court on which the classificati...... any lawful authority and are of no legal effect.
In view of the facts and circumstances of the cases there will be no order as to cost.
Ed.
This Case is also Reported in: 58 DLR (2006) 5.
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Category: Fiscal/Taxation Law | Date: | Hits: 81
.... and the writ petition was not maintainable has no substance.
In the result, the Rule is made absolute with any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 506.
...... Khatian No.2 under Sylhet Municipality by purchase on 12th Chaitra, 1354 BS by a registered Kabala. But since the respondent No.4. Lacca Tura Tea Estate illegally took over possession and managed to record the same in its name in the record of rights, father of the petitioner filed Title Suit No.37...... and the writ petition was not maintainable has no substance.
In the result, the Rule is made absolute with any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 506.
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Category: Property Law | Date: | Hits: 95
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