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Abdul Aziz (Md.) Vs. Sonia Pervin Liza (Minor), 2006, 35 CLC (HCD)
.... 3. The case of the plaintiff, in short, is that the plaintiff Sonia Pervin Liza is the legitimate daughter of the defendant Abdul Aziz; that Feroza Afroz; who entered into marriage according to the provision of law of the country and out of their wedlock; the plaintiff Sonia Pervin Liza was born o...... of the plaintiff, in short, is that the plaintiff Sonia Pervin Liza is the legitimate daughter of the defendant Abdul Aziz; that Feroza Afroz; who entered into marriage according to the provision of law of the country and out of their wedlock; the plaintiff Sonia Pervin Liza was born on 27-4-1989 a..Category: Family Law | Date: | Hits: 214
State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)
.... Condemned prisoner Shaniram is to be set at liberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ......ul Huq is the husband of PW 4 Sheji. He is not an eye-witness to the occurrence, but stated about certain prior and subsequent facts. He stated that on 2-4-1998 his wife (PW 4) and the two sisters-in-law being Simeen (PW 3) and deceased Shajneen had gone to Marina Tea Garden at Kulaura on 3-4-1998. ..Category: Criminal Law | Date: | Hits: 70
Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)
....e dated 19-7-1999 passed by the learned Subordinate Judge, First Court, Jhalakati. 20. Now let us see what is the law regarding the burden of proof. Section 101 of the Evidence Act lays down the provision of the burden of proof which runs thus— "101. Whoever desires any Court to give judg......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)
.... 11 of the Muslim Marriages and Divorces (Registration) Act, 1974 and rule 8(1) of the Muslim Marriages and Divorces (Registration) Rules, 1975 but, in fact, this was not an order under the aforesaid provision of law and the impugned order was passed in violation of the provision of law and the impu......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)
....both the reference applications it has been contended that the Appellate Tribunal failed to consider that the accounts of the company was duly audited by a Chartered Accountant in compliance with the provisions of section 35 of the Ordnance, 1984 and chartered accountant firm certified the accounts ......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)
....uing batik to any discrepancies in the documents or advises the issuing bank that it has negotiated under reserve, the issuing bank shall not be thereby relieved from any of its obligations under any provision of this article. Such reserve concerns only the relations between the remitting bank and t......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)
.... and the said letter dated 2‑10‑2003 was issued without showing any reason or any cause whatsoever and that the same was in violation of the Service Rules of the Company, which do not provide any provision for demoting an officer without following the course of law, and that the respondent No. 4......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)
.... further observed that the suit was decreed on the basis of a document which cannot be treated as a deed of acquiring title by anybody. It appears from Section 100 of Sylhet Tenancy Act that the said provision is not at all relevant to the instant suit. In view of the above, we find no substanc......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
..... He has also asserted the competency of the respondent No. 1, Bangladesh Bank, in publishing credit information report on the basis of the information report submitted by the respondent No. 3 as per provision of the Banking Companies Act 1991. In this context he has referred to the decision in the ......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)
....panies, submitted a return for the assessment year 1994-1995. The assessee claimed exemption of Taka 72,000 on account of house rent allowances drawn from Sonear Laboratories Limited according to the provision of Rule 33(1) of the Income Tax Rules, 1984. The Deputy Commissioner of Taxes disallowed s......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)
....hich was above one month and within this period nobody claimed ownership of the vessel and in the circumstances, tender was called and subsequently vessel was forfeited to the Government. There is no provision to serve show cause notice under section 22 of the Marine Fisheries Ordinance, 1983 and th...... 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)
...., therefore, be cured under section 537 Cr.P.C. 12. Reflection of this decision can also be found in the case of Md. Abdul Bari Molla Vs. State reported in 1997 BLD 223 = 3 BLC 474 where the said provision of law was applied and held that the trial was held by adopting a mode which is prohibited......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)
....ne mile of the cold season bed of any river or channels of the Sylhet district. The elder brother of the petitioner applied for a licence to the respondent No.1 in 1988 to establish a Saw Mill as per provisions of Sylhet Forest Transit Rules, 1951. After completion of formal inquiry the respondent N...... 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)
....and never took any decision before issuing impugned letter dated 21-12-2000 by which the NBR refused to grant tax holiday for non fulfillment of the terms and conditions as laid down in the concerned provision of law. It is further contended that after receiving the review application by the respond......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)
....ection 7 of the Ordnance, 1983 is quoted below which runs as follows: Section 7. Qualifications and disqualifications of Chairman and members of Union Parishad.-(1) A person shall, subject to the provisions of sub-section (2), be qualified to be elected as, and to be, a Chairman or member if- ......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
....opposition denying the allegations of the petitioners and stating that there are Master Plans dated 12 March 1962, 3 May 1963, 21 December 1963, 10 May 1964, August 1964 and February 1965 wherein the provision for the Speaker's house is included in the plan. It is further contended that for the purp......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
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