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Mohammad Ullah (Driver) Vs. State, 2007, 36 CLC (HCD)
....never he/she is apprehended sentence will run from the date of such apprehension. The Court is to see whether there is satisfactory explanation for not preferring the appeal or revision in proper time. It might be in the appeal the accused may be acquitted. Appeal is the legitimate right of a co......oned. The learned judge is directed to proceed with the appeal in accordance with law. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 281. ..Category: Criminal Law | Date: | Hits: 36
Mozam and others Vs. State, 2006, 35 CLC (HCD)
....sentence as aforesaid. Hence the appeal. 9. Dr Rafiqur Rahman, Senior Advocate, appearing with Mr. Sarwar Ahmed, Advocate for the appellants, support the appeal and submit that at the relevant time the offences described in Ordinance, 1983 was the Schedule offence of the Special Powers Act, 1......offence. Send down the lower Court's records at once with a copy of this judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 276...Category: Criminal Law | Date: | Hits: 82
....itioner, took us through the record and relevant provisions of the VAT Act and submitted that in view of the facts that pursuant to the notice to show cause, the petitioner came to know for the first time about the default and that the petitioner immediately deposited more than the demand, the Deput......quashed.
Order of stay granted at the time of issue of the Rule is hereby recalled and vacated.
Communicate at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 274.
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Category: Fiscal/Taxation Law | Date: | Hits: 63
....operty, it is to be seen whether the property sought to be taken over as enemy property was so between 6-9-1965 and 16-21969, the promulgation and revocation of Proclamation of Emergency. If at any time during the currency of the Emergency with the Defence of Pakistan Ordinance and the Rules remai......le is hereby recalled and vacated.
There is no order as to costs.
Send down the lower Court record at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 270, 26 BLD (HCD) (2006) 634.
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Category: Property Law | Date: | Hits: 27
Surajmal Ram Prasad Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....s justified in vacating the appellate order of the learned Appellate Additional Commissioner of Taxes alleging that the appeal before the learned Appellate Additional Commissioner of Taxes was out of time and hit by limitation under section 154(2) of the IT Ordinance, 1984? (2) Whether, in th......ith our answer in the negative against the Revenue Department and in favor of the applicant. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 59 DLR (2007) 268...Category: Fiscal/Taxation Law | Date: | Hits: 63
....hulna. But the proposal of marriage was not acted upon since the elder sister of the complainant was not married and they wanted to wait till her elder sister's marriage. But after waiting for a long time the petitioner's parents had him married on 8-12-2003 with one Jannatul Ferdous Silvi. There wa......ormer post and allow him to continue in service with all attending benefits within 30 days from the date of receipt of copy of this judgment.
Ed.
This Case is also Reported in: 59 DLR (2007) 258...
Category: Employment/Service Law | Date: | Hits: 67
Anwara Begum Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....d as Abandoned Property and the same as through remained in possession of the petitioner and said Md. Younus Ali supervised, managed and occupied the same during the past years including the relevant time i.e. from 25th March, 1971 to 28th February, 1972 and therefore the property does not answer th......d Buildings as published in Ka list dated 28-4-1986 within 3(three) months from the date of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 251, 26 BLD (HCD) (2006) 123. ..Category: Property Law | Date: | Hits: 40
Abdul Karim and others Vs. Court of Settlement and others, 2007, 36 CLC (HCD)
....ted the same to one Mr. Md. Arifur Rahman, Administrative Officer, Ministry of Planning, Government of Bangladesh on 30-5-1974 for a period of l(one) year and that the said agreement was renewed from time to time upto 1987 and paid rent regularly to the petitioners; that after the death of their fat......6 under Abandoned Buildings (Supplementary Provisions) Ordinance, Ordinance 54 of 1985 at page No. 9764 (17), Serial No. 42 (Annexure-I). Ed. This Case is also Reported in: 59 DLR (2007) 247...Category: Property Law | Date: | Hits: 33
Syed Ziaul Hasan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....ment and a licensee of BTTB, a statutory authority, offered to sell the SIM Cards to the applicants and others on the basis of lottery and the petitioners having accepted the offer applied within the time specified and won the lottery and they have acquired the right to purchase and collect the SIM ......tity module (SIM) Card according to the price fixed i.e. Taka 1800. There will be no order as to costs. Ed This Case is also Reported in: 59 DLR (2007) 238, 26 BLD (HCD) (2006) 366. ..Category: Fiscal/Taxation Law | Date: | Hits: 131
Abdul Alim Vs. Biswajit Dey and another, 2007, 36 CLC (HCD)
.... a bank at Chittagong. As such, on the ground of initiating the proceeding at Chittagong this proceeding cannot be quashed. 6. Another striking fact is that accused petitioner at no point of time denied his signature on the cheque. Since the accused did not deny his signature, as such, th......lt, this Rule is discharged. The order of stay granted earlier by this Court is vacated. Communicate this order at once. Ed. This Case is also Reported in: 59 DLR (2007) 236 . ..Category: Criminal Law | Date: | Hits: 50
Abul Koyser Vs. Tobarak Ali and others, 2007, 36 CLC (HCD)
....er for preemption are hereby set aside and those of the trial Court dismissing the prayer for preemption are restored. The application for preemption is dismissed. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. ......d. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 234 . ..Category: Property Law | Date: | Hits: 28
Khalilur Rahman Vs. State, 2007, 36 CLC (HCD)
....e has rightly found the appellant Ayub Ali guilty of the charge and that besides the confessional statement of Khalilur Rahman who has implicated him and Ayub Ali, PW 1 has also recognised him at the time of occurrence. He further submits that the confessional statement of Khalilur Rahman is inculpa......lilur Rahman. We find no merit in these appeals. These appeals are dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 227 . ..Category: Criminal Law | Date: | Hits: 38
Shaherunnessa Vs. Shamsunnahar, 2007, 36 CLC (HCD)
.... DW 1, a son of defendant Shaherunnessa, that in 1969 they entered under Solaiman as tenant as an admission of both the defendants to be tenants. DW 1 Sk. Sohrab Hossain was about 34 years old at the time of examination on 13-10-02. So, he was bora some time in 1968 and he was merely one year old in...... the decree of the trial Court decreeing the suits are hereby set aside and both the suits are dismissed. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 217. ..Category: Property Law | Date: | Hits: 35
Shahella Chowdhury Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
....d orders of the Deputy Commissioner of Taxes dated 15-6-03 and 24-12-03 (Annexure-E & F). The Commissioner of Taxes by his order dated 15-5-05 rejected the application for review for being out of time under sub-section 2 of section 121 of the Ordinance (Annexure-H). 9. Mr. Mosharraf Hossain, ......no legal effect; and they are accordingly quashed. Order of stay granted on 23-506 is also recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 213. ..Category: Fiscal/Taxation Law | Date: | Hits: 69
Dhaka City Corporation and others Vs. Shamsur Rahman and others, 2007, 36 CLC (HCD)
.... the submissions of Mr. Rafiqur Rahman and submitted that the suit as framed was barred by limitation after acquisition and the Court of appeal below therefore fell in serious error in decreeing such time barred suit. 22. He also submitted that in view of the findings of the trial Court that......ring with peaceful possession of the plaintiff in the suit land, in any way, as prayed for. Send down the records, at once. Ed. This Case is also Reported in: 59 DLR (2007) 207. ..Category: Property Law | Date: | Hits: 32
Anti-Corruption Commission Vs. Md. Hasan & others, 2008, 37 CLC (AD)
....cy Power Rules, 2007 directing the respondent No. 1 to submit the statement of assets of his own and his family members including his wife and other dependents within 72(seventy two) hours from the time of receipt of the notice. The respondent Nos. 1 and 2 have also challenged the initiation a......ove, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2006) 183. ..Category: Anti-Corruption Laws | Date: | Hits: 143
Md. Ali Haider & Ors. Vs. State and others, 1987, 16 CLC (HCD)
....eramat Ali of village Paragaon P.S. Savar were accused P.S. Case No.4. (11)73. On 22.12.73 at about 7 A.M. they came to Birolia ghat for attending court at Dhaka in connection aforesaid case, At that time Tajal son of late Eklal Miah and Darog Ali (now dead) son of Sonal Miah along with 7/8 other pe......ints of the case and to concentrate upon evidence which bears upon the points. Petty details which defog the real issue and minor contradiction in the evidence ought not to be permitted to tilt the scale of justice. The more the judge gets bogged down in superfluous details greater is likelihood..Category: Criminal Law | Date: | Hits: 30
Mirza Shahab Ispahani Vs. Government of the Peoples’ Republic of Bangladesh, 1987, 16 CLC (HCD)
....r paid occasional visits to Dhaka and all his visits from England since 1952 were to Dhaka alone and not to any place in the erstwhile West Pakistan. The petitioner has never visited during his lifetime the territories comprised in present Pakistan except breaking a journey in Karachi as a transit......tore the disputed property to the possession of the petitioner within three months from date. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 87. ..Category: Immigration and Citizenship Law | Date: | Hits: 188
Sultan Ahmed Vs. Golam Mostafa alias Dulal and Others, 1987, 16 CLC (HCD)
....he accused fixing 10.6.85 for P.Ws. On 10.6.85 the learned Magistrate directed to issue fresh summons for the P.Ws. fixing 23.6.85. On 23.6.85 the accused remained absent and filed a petition for time. The Court Sub-inspector also prayed for issuance of warrant on the witnesses and the learned M......agistrate is set aside and he is directed to proceed with G.R. Case No.89 of 1985 in accordance with law. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 85...Category: Criminal Law | Date: | Hits: 26
Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)
....r any part of his property, or (b) is about to remove the whole or any part of his property from the local limits of the jurisdiction of the court, the court may direct the defendant, within a time to be fixed by it, cither to furnish security in such sum as may be specified in the order, t......on of the judgment is stayed for 4 (four) weeks from date. There will however be no order as to costs. Amirul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 72...Category: Business or Commercial Law | Date: | Hits: 209
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