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Khandakar (Md.) Shahjahan Vs. Md. Atiar Rahman Monshi & others, 2000, 29 CLC (HCD)

....Rashid and Mahfuza Begum, Advocates—For the Opposite Party No.1. Civil Revision No.1562 of 2000. Judgment AK Badrul Huq J.- Feeling aggrieved by a Judgment and order recorded by Execution Appellate Judge wherein allowing Election Appeal, Judgment and order passed by Election Tribunal in ......act circumstances of the case I direct the parties to bear their respective costs. Lower Court’s record be sent immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 275.......1562 of 2000. Judgment AK Badrul Huq J.- Feeling aggrieved by a Judgment and order recorded by Execution Appellate Judge wherein allowing Election Appeal, Judgment and order passed by Election Tribunal in an Election Petition stood set aside and election of the office of Chairman of No.2 Daid..

Category: Election Law | Date: | Hits: 89

Shahjahan (Md) Vs. State, 2000, 29 CLC (HCD)

.... copy of the Judgment for perusal and necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 268. ......months. Send down the original case record at once with a copy of the Judgment for perusal and necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 268. ......months. Send down the original case record at once with a copy of the Judgment for perusal and necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 268. ..

Category: Criminal Law | Date: | Hits: 38

Abdul Samad Gazi Vs. Abdul Khalil Gazi and others, 2000, 29 CLC (HCD)

....t they purchased the suit land by five registered kabalas Exhibit A (1)—A (5) and they are in possession of the suit land. 4. The learned Munsif after hearing decreed the suit but on appeal, the Appellate Court sent the suit back to the trial Court on remand for fresh trial. 5. In the meanti...... Munsif is hereby affirmed. In the result, the Rule is made absolute but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 53 DLR (2001) 262....... Munsif is hereby affirmed. In the result, the Rule is made absolute but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 53 DLR (2001) 262...

Category: Civil Law | Date: | Hits: 94

Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)

....s the rule of construction of the statute that the enactment shall control the rule. Thus the rule making authority could not exceed its power in derogation to the power of legislative enactment. The Appellate Division in the case of Kazi Md. Amirul Islam Vs. Secretary, Ministry of Law, Justice and ......e Rules are discharged without any order as to costs. The order of stay granted by this court earlier the above Rules, are hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 237.......e Rules are discharged without any order as to costs. The order of stay granted by this court earlier the above Rules, are hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 237...

Category: Constitutional Law | Date: | Hits: 109

Abdul Hamid Chowdhury and others Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)

.... These reference applications arise out of Judgment and order dated 5-1-98 passed in ITA No. 643 of 1995-96 (Assessment year 1992-93) and ITA No. 644 of 1995-96 (Assessment year 1993-94) by the Taxes Appellate Tribunal, Division Bench-1, Dhaka. 5. The original assessee-applicant submitted income...... Accordingly, we answer both the questions in the negative and in favour of the assessee applicant, however, without any order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 234.......erence applications arise out of Judgment and order dated 5-1-98 passed in ITA No. 643 of 1995-96 (Assessment year 1992-93) and ITA No. 644 of 1995-96 (Assessment year 1993-94) by the Taxes Appellate Tribunal, Division Bench-1, Dhaka. 5. The original assessee-applicant submitted income tax retur..

Category: Fiscal/Taxation Law | Date: | Hits: 64

Golam Mostafa Vs. Begum Rokeya Khandaker & others, 2001, 30 CLC (HCD)

....f fact also considered evidences and other materials on record and came in full agreement with the decision rendered by learned trial Judge. Ed. This Case is also Reported in: 53 DLR (2001) 232.......f fact also considered evidences and other materials on record and came in full agreement with the decision rendered by learned trial Judge. Ed. This Case is also Reported in: 53 DLR (2001) 232.......f fact also considered evidences and other materials on record and came in full agreement with the decision rendered by learned trial Judge. Ed. This Case is also Reported in: 53 DLR (2001) 232...

Category: Property Law | Date: | Hits: 23

Mojibul Haque (Md) Vs. Ataur Rahman and others, 2000, 29 CLC (HCD)

....is incompetent. In deciding the prima facie case the learned Additional District Judge went to the extent of deciding the maintainability of the suit. Mr. Hassan Ariff has questioned the power of the Appellate Court in making any decision as to maintainability of the suit saying that without framing...... of the suit independently. The Rule is accordingly discharged without any order as to costs. The stay order granted by this Court stands. Ed. This Case is also Reported in: 53 DLR (2001) 229....... of the suit independently. The Rule is accordingly discharged without any order as to costs. The stay order granted by this Court stands. Ed. This Case is also Reported in: 53 DLR (2001) 229...

Category: Administrative Law | Date: | Hits: 146

Mariam Begum Vs. State & another, 2000, 29 CLC (HCD)

....uq for the opposite party No. 2. 15. In elaborate judgment in the Case between Shafiqur Rahman and others Vs. Nurul Islam Chowdhury and others reported in 35 DLR (AD) 1 127, their Lordships of the Appellate Division by a majority decision clearly held that section 439A (2) and section 439(4) are ......of Criminal Procedure by the learned Sessions Judge. In the result, the Rule is discharged. The stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 226.......of Criminal Procedure by the learned Sessions Judge. In the result, the Rule is discharged. The stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 226...

Category: Criminal Law | Date: | Hits: 40

Fulbaria Adarsha Market Dokandar Malik Samity Vs. Fulbaria Adarsha Market Khatigrashta Kallyan Samabaya Samity Dokandar & others, 2001, 30 CLC (HCD)

....stage of the suit order addition of a party and generally, it is a matter of judicial discretion which is to be exercised in view of facts and circumstances of a particular case. On the question, our Appellate Division has held in the case of Barada Sundari Paul Vs. Assistant Custodian, Enemy Proper......im order of injunction in mandatory form dated 29-11-2000 is hereby set aside. No order as to cost. Communicate this order to the Court. Ed. This Case is also Reported in: 53 DLR (2001) 220. ......im order of injunction in mandatory form dated 29-11-2000 is hereby set aside. No order as to cost. Communicate this order to the Court. Ed. This Case is also Reported in: 53 DLR (2001) 220. ..

Category: Civil Law | Date: | Hits: 84

Dr Wakil Ahmed and ors. Vs. Sufia Khatun and ors., 2000, 29 CLC (HCD)

....of the plaintiff appellant should be taken in the court on 28-6-98 and should also be sent for expert opinion after comparing the LTI on the disputed sale deed and being aggrieved by the order of the Appellate Court the defendants as petitioners moved this court and obtained the present Rule. 5. ......of the papers from the Court. Accordingly, this Rule is discharged with the observation as above. There shall be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 214.......of the papers from the Court. Accordingly, this Rule is discharged with the observation as above. There shall be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 214...

Category: Procedural Law | Date: | Hits: 90

Titas Gas (T & D) Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)

..... Reference application No.43 of 1994 relates to the assessment year 1985-86 and arises out of judgment and order dated 21-3-94 passed in ITA No. 860 of 1989-90 (Assessment year 1985-86) by the Taxes Appellate Tribunal Division Bench 1, Dhaka. 3. Reference application No.44 of 1994 relates to the......the affirmative and against the assessee applicant and we refrain from answering the other questions. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 209. ......e application No.43 of 1994 relates to the assessment year 1985-86 and arises out of judgment and order dated 21-3-94 passed in ITA No. 860 of 1989-90 (Assessment year 1985-86) by the Taxes Appellate Tribunal Division Bench 1, Dhaka. 3. Reference application No.44 of 1994 relates to the assessmen..

Category: Fiscal/Taxation Law | Date: | Hits: 82

Bangladesh Water Development Board Vs. Contractor, Manu Barrage, 2000, 29 CLC (HCD)

....their own respective costs. Send down the record of the case without any further delay. Ed. This Case is also Reported in: 53 DLR (2001) 200. ......ll realisation. The parties are directed to bear their own respective costs. Send down the record of the case without any further delay. Ed. This Case is also Reported in: 53 DLR (2001) 200. ......ll realisation. The parties are directed to bear their own respective costs. Send down the record of the case without any further delay. Ed. This Case is also Reported in: 53 DLR (2001) 200. ..

Category: Civil Law | Date: | Hits: 132

Motaleb Hossain (Md) Vs. State and another, 2000, 29 CLC (HCD)

....e find that the accused took delivery of jute worth Taka 83,059 and made payment of Taka 40,000 in cash and gave an assurance that the balance amount would be paid within three days. In this case the Appellate Division held the view that as there was specific promise and as the accused failed to pay...... Magistrate ‘Ka’ Zone, Sirajganj is quashed. The accused petitioner is discharged from his bail bonds. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 198. ...... Magistrate ‘Ka’ Zone, Sirajganj is quashed. The accused petitioner is discharged from his bail bonds. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 198. ..

Category: Criminal Law | Date: | Hits: 42

Abdul Wahab Biswas Vs. Abdul Matin Miah & others, 1999, 28 CLC (HCD)

....ide different procedure relating to appeals from orders. 14. Furthermore, Order XLI rule 9(1) on the Code of Civil Procedure provides that: "9. (1) Where a memorandum of appeal is admitted, the Appellate Court or the proper officer of that Court shall endorse thereon the date of presentation, ....... The learned District Judge should be careful henceforth in passing orders so that it may not be repeated. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 196........ The learned District Judge should be careful henceforth in passing orders so that it may not be repeated. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 196...

Category: Procedural Law | Date: | Hits: 81

Abdul Kader @ Kada and others Vs. State, 2010, 39 CLC (AD)

....o sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 531. ......e above, we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 531. ......e above, we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 531. ..

Category: Criminal Law | Date: | Hits: 57

Fazar Ali Vs. Mizanur Rahman and another, 2010, 39 CLC (AD)

....t find­ings of fact. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 518.......with the concurrent find­ings of fact. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 518.......with the concurrent find­ings of fact. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 518...

Category: Property Law | Date: | Hits: 23

Most. Selina Banu Bewa and others Vs. Most. Jamila khatun and another, 2009, 38 CLC (AD)

.... of the materials on record arrived at a correct decision and accordingly no interference call for. The petition is dismissed. This Case is also Reported in: VII ADC (2010) 516.......oper consideration of the materials on record arrived at a correct decision and accordingly no interference call for. The petition is dismissed. This Case is also Reported in: VII ADC (2010) 516.......oper consideration of the materials on record arrived at a correct decision and accordingly no interference call for. The petition is dismissed. This Case is also Reported in: VII ADC (2010) 516...

Category: Property Law | Date: | Hits: 26

Hazi Sanjob Ali Vs. Hurmuj Ali and others, 2010, 39 CLC (AD)

....he trial court that correctly dismissed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 513....... the judgment of the trial court that correctly dismissed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 513....... the judgment of the trial court that correctly dismissed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 513...

Category: Property Law | Date: | Hits: 28

Abdun Noor Vs. Abdul Kabir and others, 2010, 39 CLC (AD)

.... preparation of paper books is dis­pensed with as prayed for. The petitioner is permitted to add addi­tional grounds. Ed. This Case is also Reported in: VII ADC (2010) 510....... one month. The preparation of paper books is dis­pensed with as prayed for. The petitioner is permitted to add addi­tional grounds. Ed. This Case is also Reported in: VII ADC (2010) 510....... one month. The preparation of paper books is dis­pensed with as prayed for. The petitioner is permitted to add addi­tional grounds. Ed. This Case is also Reported in: VII ADC (2010) 510...

Category: Property Law | Date: | Hits: 45

Most. Sajeya Begum and others Vs. Md. Shahidul and others, 2010, 39 CLC (AD)

....ated 25.10.2008 passed by the High Court Division in Civil Revision No.6169 of 1991 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 505.......udgment an order dated 25.10.2008 passed by the High Court Division in Civil Revision No.6169 of 1991 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 505.......udgment an order dated 25.10.2008 passed by the High Court Division in Civil Revision No.6169 of 1991 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 505...

Category: Property Law | Date: | Hits: 23