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Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)
....ned Subordinate Judge, First Court, Jhalakati, in Title Suit No. 52 of 1994 is upheld and the suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 538. ......ty to interfere by this Court in revisional jurisdiction. 19. The moot question that calls for our determination is whether the learned Additional District Judge, Jhalakati, committed any error of law in reversing the judgment and decree dated 19-7-1999 passed by the learned Subordinate Judge, Fi..Category: Property Law | Date: | Hits: 70
Kazi Md. Shafiqur Rahman Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....Bichar-6/2N- 35/76 dated 25-4-2001 is declared to have been made without lawful authority and is of no legal effect. No order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 534.......Constitution was issued calling upon the respondents to show cause as to why the impugned order being Memo No. 329 Bichar 6/2N-35/76 dated 25-4-2001 should not be declared to have been passed without lawful authority and is of no legal effect. 2. The facts as stated in the writ petition briefly, ..Category: Employment/Service Law | Date: | Hits: 81
Eskayef Bangladesh Ltd. Vs. Commissioner of Taxes, 2004, 33 CLC (HCD)
....ly, the questions in both the reference applications are answered in the affirmative and in favour of the Department. No order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 531. ......m the excess perquisites for the assessment year 1994- 95 and Taka 7,77,025 for the assessment year 1995- 96 with direction to the DCT to calculate the perquisites on individual employee basis as per law. 4. In both the reference applications it has been contended that the Appellate Tribunal fail..Category: Fiscal/Taxation Law | Date: | Hits: 88
Badrud Doza (alias Momin) (Md.) Vs. State, 2006, 35 CLC (HCD)
....sent BD House, Road No. 43, House No. 3, PS Gulshan, Dhaka be enlarged on bail subject to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 58 DLR (2006) 529.......n in Writ Petition No. 3073 of 2006 wherein the learned Writ Bench directed the opposite party not to arrest or harass the petitioner for two months from 9-4- 2006. But in violation of that order the law enforcing agency of the opposite-party arrested him before two months on 14-5-2006. Mr. Rokonudd..Category: Criminal Law | Date: | Hits: 64
Mofazzal Hossain alias Mofa and others Vs. State, 2004, 33 CLC (HCD)
....respective bail bonds. 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) 524. ......ication out of enmity and there is no nexus between them and the alleged offence. The positive case of the defence is that Abdus Sobhan. Now Chairman of the Deklerpur Union Parishad is the brother-in-law of the informant whereas the appellants are the party men of the former Chairman Yeakub. There i..Category: Criminal Law | Date: | Hits: 52
Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)
....t wants to and then, write out the judgment in the light of our observations made hereinbefore. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 392. ......imed against the appellant of being in anyway concerned with any fraud and in FA No. 303 of 2000 the documents having never been rejected on ground of fraud, the learned Joint District Judge erred in law in decreeing the suit on fraud. In support, he cited AIR 1941 PC 93. 58. He submitted tha..Category: Business or Commercial Law | Date: | Hits: 289
AM Ziaul Hoque Vs. Government of the People's Republic of Bangladesh and others, 2004, 33 CLC (HCD)
.... this Court stands vacated. The application for vacating the order of stay is thus disposed of without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 389. ......pondent No. 4 demoting the petitioner in the lower position of Manager, Technical and Special Project (MT & SP), evidenced by Annexure-F to the writ petition, should not be declared to be without lawful authority and of no legal effect. 3. Perused the writ petition, affidavit-in-opposit..Category: Employment/Service Law | Date: | Hits: 66
Md. Turan Miah and others Vs. Anguri Bibi and others, 2010, 39 CLC (HCD)
....the above, we find no substance in the submissions of the learned Counsel for the appellants. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 100. ......nd in favour of the predecessor of the plaintiffs by a registered document and also admitting possession of the plaintiffs in the suit land for over twelve years, the High Court Division erred in law in interfering with the finding of facts of the Court of Appeal below that the plaintiffs filed ..Category: Property Law | Date: | Hits: 74
Md. Nasrullah Chowdhury Vs. Mohammad Nurul Islam and others, 2010, 39 CLC (AD)
....it after deciding whether or not there was any consent of the parties to compromise the dispute. Accordingly the petition is disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 91....... constituted attorney of the defendant No.1. On 18.05.2005 the plaintiffs by managing the CID of police, Chittagong called on the defendant No.1, the father of the constituted attorney and the son-in-law of the defendant No.1 in the office of CID where in presence of the plaintiff Nasrullah Chowdhur..Category: Property Law | Date: | Hits: 65
.... In the result, the Rule is discharged without any order as to costs and the order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 58 DLR (2006) 517.
......and circulated by the Credit Information Bureau of Bangladesh Bank under reference No. CIB 3(7)/2002-13935 dated 4-11-2002 (reproduced in paragraph 7) should not be declared to have been made without lawful authority and to be of no legal effect and/or such other or further order or orders passed as..
Category: Business or Commercial Law | Date: | Hits: 251
Dr. Md. Abu Obaidah Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
.... the learned Advocate for the applicant. Thus, question Nos. (iii) and (iv) are also decided in the affirmative in favour of the Department. Ed. This Case is also Reported in : 58 DLR (2006) 515.......s were not taken in the first appeal and, as such, it was turned down by the Appellate Tribunal. 3. In the aforesaid facts and circumstances, the assessee has formulated the following questions of law which were set to arise from the order dated 2-6-1998 passed by the Taxes Appellate Tribunal: ..Category: Fiscal/Taxation Law | Date: | Hits: 91
Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ed to have been made without lawful authority and to be of no legal effect. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 58 DLR (2006) 503. ...... and 22 of the Marine Fisheries Ordinance, 1983 corresponding to GR No. 1003/2000B/633/2000 confiscating the vessel FV Shin Fa Chern # 20 (Annexure-H) should not be declared to have been made without lawful authority and to be of no legal effect and/or such other or further order or orders passed as..Category: Admiralty Law or Maritime Law | Date: | Hits: 221
Abul Khair and others Vs. State, 2006, 35 CLC (HCD)
....he date of receipt of this judgment and order by the trial Court. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 500, 26 BLD (HCD) (2006) 467. ......ed shall be deemed to be a charge of one offence within the meaning of section 234: Provided that the time included between the first and last of such dates shall not exceed one year." If the law is explained we find that an allegation of criminal breach of trust involving dishonest misappro..Category: Criminal Law | Date: | Hits: 53
Shawkat Ali (Md.) and others Vs. Divisional Forest Officer and others, 2006, 35 CLC (HCD)
.... The orders of stay granted earlier by this Court stand vacated. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 58 DLR (2006) 487. ...... 1763, 1950, 1949, 1950, 1949, 1346, 1181, 1182, 1183, 1319, 1347 and 1348 of 2000 calling upon the respondents to show cause as to why impugned orders shall not be declared to have been made without lawful authority and to be of no legal effect and why Rule 8(1) of Rules, 1998 shall not be declared..Category: Environmental Law | Date: | Hits: 551
Ashique Jeans Apparels Ltd and another Vs. National Board of Revenue and another, 2005, 34 CLC (HCD)
.... section 46 is to encourage more new undertakings to be established. However, there will be no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 478, 26 BLD (HCD) (2006) 324. ......2) Anu; 1/2000/2653), File No.11(302) Anu: 1/2000/571 dated 4-4-2001 (Annexure-B) and File No.11(302) Anu: 1/2000/933 dated 31-5-2001 (Annexure-B 1) should not be declared to have been issued without lawful authority and are of no legal effect and why respondent Nos. 1-2 should not be directed to wi..Category: Fiscal/Taxation Law | Date: | Hits: 93
Abdur Rahim Chowkider @ Abdur Rahman Sheikh Vs. Raji Haider and others, 2006, 35 CLC (HCD)
.... decree affirming those of trial Court decreeing the suit are hereby set aside and the suit is dismissed. Send down the record at once. Ed. This Case is also Reported in: 58 DLR (2006) 470. ......rected and mutated in the name of Hashem Ali, father of defendant No. 1 by order dated 14-1-1988 passed in case No. 9P/87-88 on the basis of actual physical possession, both the Courts below erred in law in decreeing the suit without taking into consideration of long possession of defendant No. 1 in..Category: Property Law | Date: | Hits: 79
Abu Musa Kutub (Md.) Vs. Secretary, Election Commission and others, 2005, 34 CLC (HCD)
.... is discharged. The interim order passed at the time of issuance of the Rule, is herby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 450. ......ction, 2004 of No.4, Kaiyerbil Union Parishad, Kutubdia, Cox's Bazar in violation of section 7(1) (b) of the Union Parishad Ordinance, 1983 (LI of 1983) should not be declared illegal and without any lawful authority and/or such other or further order or orders passed as to this Court may seem lit a..Category: Election Law | Date: | Hits: 87
.... Let a copy of this judgment be communicated to the respondents to take necessary steps in the light of our judgment, in accordance with law.
Ed.
This Case is also Reported in: 58 DLR (2006) 441.......ker within the National Assembly Area in violation of the original plan and the Building Construction Act, 1952 and the gradual disfiguring of the Jatio Sangshad Bhaban area by allowing illegal and unlawful construction works.
2. The facts of the case are as follows:
In June 1959 the Central ..
Category: Environmental Law | Date: | Hits: 484
Wally Ahmed alias Babi Vs. State, 2005, 34 CLC (HCD)
....d from the bail bond. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 58 DLR (2006) 433; 13 MLR (HCD) (2008) 375. ......the appellant, supports the appeal and strenuously submits that at the time of occurrence due to unsoundness of mind he was incapable of understanding the nature of the act or what he was doing was unlawful or wrong. The appellant was under the spell of mental unbalance and not capable of understand..Category: Criminal Law | Date: | Hits: 70
Solaman Vs. State, 2005, 34 CLC (HCD)
..... 236 of 1999 is hereby set aside. The accused-petitioner be set at liberty if not wanted in any other case. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 429. ......d in the case of Ashrafuddin Ahmed Vs. State reported in 16 DLR 223 that omission to draw attention to the accused under section 342 of the Code of Criminal Procedure vitiates the trial and, as such, law demands re-trial of the case, but we have already found that the whole trial is without jurisdic..Category: Criminal Law | Date: | Hits: 53
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