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....red in the negative and in favour of the assessee.
There will be no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 168.......industries and to groups or individuals promoting them on a strictly non-profit basis.
(xv) To borrow or raise or secure the payment of money in such manner as the society shall determine from time to time and generally to borrow money in such manner as may be agreed upon between lender and t......mulated in both the reference applications are answered in the negative and in favour of the assessee.
There will be no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 168.......mulated in both the reference applications are answered in the negative and in favour of the assessee.
There will be no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 168...
Category: Fiscal/Taxation Law | Date: | Hits: 65
Wahidul Haque Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....que…..………….Petitioner Vs. Bangladesh and others……..Respondents Judgment January 19, 2002. Case Referred to- 48 DLR 291. Lawyers Involved: M Saleem Ullah, Advocate — For the Petitioner. Quamrun Nessa, Assistant Attorney-General — For the Respondents. ...... order and published that in the official Gazette, the respondents would not mutate the name of the petitioner in respect of the property in question. The petitioner approached the respondent several times and requested them to implement the judgments of the courts of law by mutating his name in the......bservation made in the body of this judgment. Send copies of this judgment to respondent Nos. 1-5 for proper guidance and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)165.......bservation made in the body of this judgment. Send copies of this judgment to respondent Nos. 1-5 for proper guidance and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)165...Category: Property Law | Date: | Hits: 38
....
High Court Division
(Civil Revisional Jurisdiction)
Present:
Md. Fazlul Haque J
NK Chakravartty J
Rajdhani Unnayan Kartripakkha (RAJUK)...... Petitioner
Vs.
MN Alam and Associates Ltd. and another………..Opposite parties
Judgment
November 18, 2001.
Cases Referr......te Judge, Dhaka to make the award Rule of the Court.
4. That upon receipt of the summons thereof this petitioner appeared before the Court of Subordinate Judge, Dhaka on 3-2-1999 with a prayer for time to submit written statement which was allowed. Thereafter, the petitioner took several adjournm...... and order of the trial Court are affirmed. We direct that the parties will bear their own costs.
Send down the LCR, if any, immediately.
Ed.
This Case is also Reported in: 54 DLR (2002) 161....... and order of the trial Court are affirmed. We direct that the parties will bear their own costs.
Send down the LCR, if any, immediately.
Ed.
This Case is also Reported in: 54 DLR (2002) 161...
Category: Alternative Dispute Resolution | Date: | Hits: 196
Barrister Ziaur Rahman Khan Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....Ziaur Rahman Khan………………………Petitioner Vs. Government of Bangladesh and others……………respondents Judgment November 28, 1999. Cases Referred To- Administrator, Delta Construction Ltd Vs. Chairman, 2nd Labor Court 28 DLR 365; Ezhar Ali Mongol Vs. Goal Ra...... been the unbroken practice of the Thana Nirbahi Officer, the respondent No.4, to have prior consultation with him for fixing a date of meeting, but this practice has been discontinued, for the first time recently. Being aggrieved the petitioner moved this Court and obtained the Rule. 8. Responde......l call such meetings to meet the contingencies and the meetings thus called will take decisions as per clause (4) of Annexure ‘C’. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 164. ......l call such meetings to meet the contingencies and the meetings thus called will take decisions as per clause (4) of Annexure ‘C’. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 164. ..Category: Administrative Law | Date: | Hits: 462
Ahsan Karim Jinnah Vs. Meghna Insurance Company Limited & others, 1999, 28 CLC (HCD)
....ew of the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 160. ......2 to 7 was valid. With regard to affixing of requisite stamps on the instrument of transfer, which is admittedly not done the learned Advocate submits that non-payment such stamp duty at the relevant time of transfer could not render the transfer invalid as the instrument of transfer in this case ca...... by rectifying its register of members. In view of the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 160. ...... by rectifying its register of members. In view of the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 160. ..Category: Company Law | Date: | Hits: 203
Alamgir (Md) Vs. Habea Begum, 1999, 28 CLC (HCD)
.... Alamgir (Md)……………………… Petitioner Vs. Habea Begum ………………………..Opposite Party Judgment August 19, 1999. Lawyers Involved: Subash Chandra Saha, Advocate—For the Petitioner. Md Abu Bakkar Siddique, Advocate—For the Opposite Party. Civil Rev......for payment of the decretal dues by the judgment debtor. Thereafter the plaintiff opposite party filed an application before the learned Family Court praying for realisation of the decretal dues at a time on the ground of hardships whereupon the learned Family Court by his order dated 5-2-98 revised......he impugned order dated 29-6-98 passed by the learned District Judge, Cox’s Bazar in Miscellaneous Appeal No.6 of 1998 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 157. ......he impugned order dated 29-6-98 passed by the learned District Judge, Cox’s Bazar in Miscellaneous Appeal No.6 of 1998 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 157. ..Category: Family Law | Date: | Hits: 155
Nikhil Chandra Halder Vs. State, 2001, 30 CLC (HCD)
....atment at Pirojpur, Pabna and Barisal. The defence witnesses were cross- examined on behalf of the prosecution but nothing new came out. ......orking in the field and one Monty Halder informed him and brought him home. In his cross- examination, the witness stated that the accused used to be treated for his frenzied and obscene conduct. Sometimes he used to behave like a lunatic and often used to run around. Sunil, the brother-in-law of th......sed used to behave in a deranged manner and was under treatment at Pirojpur, Pabna and Barisal. The defence witnesses were cross- examined on behalf of the prosecution but nothing new came out. ......sed used to behave in a deranged manner and was under treatment at Pirojpur, Pabna and Barisal. The defence witnesses were cross- examined on behalf of the prosecution but nothing new came out. ..Category: Health Law | Date: | Hits: 266
....PEB & others vs. Smt Basantibai AIR 1988 Supreme Court 71; MP Electricity Board, Jabalpur vs. Chhaganlal AIR 1981; Madh Pra 170 and Gadag Betgiri, Municipal Borough, Gadag vs. Electrical Inspectorate, Govt. of Mysore AIR 1962 Mys 209.
Lawyers involved:
Md. Azizul Haq with Md. Anwarul Islam......ch Inspector or person ceased to be correct, such Inspector or person shall estimate the, amount of the energy supplied to the consumer or the electrical quantity contained in the supply, during such time as the meter shall not, in the opinion of such Inspector or such person, have been correct * * ......and are of no legal effect.
The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 59 DLR (2007) 690.......and are of no legal effect.
The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 59 DLR (2007) 690...
Category: Others | Date: | Hits: 131
Abdur Rahman Vs. State, represented by Deputy Commissioner, 2006, 35 CLC (HCD)
....High Court Division (Criminal Re visional Jurisdiction) Present: Md. Anwarul Haque J AFM Abdur Rahman J Abdur Rahman........Accused-Petitioner Vs. State, represented by Deputy Commissioner ………….Opposite-Parties Judgment Decembe......0 corresponding to GR Case No. 190 of 2000, pending in the Court of Chief Metropolitan Magistrate, Chittagong, against the accused petitioner under sections 420/467/ 468/471 of the Penal Code. At the time of issuance of the Rule all further proceeding in GR Case No. 190 of 2000, pending as aforesaid......nding before the Metropolitan Magistrate, Chittagong, is hereby quashed. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 683. ......nding before the Metropolitan Magistrate, Chittagong, is hereby quashed. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 683. ..Category: Criminal Law | Date: | Hits: 43
State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)
....Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ......r's husband Altaf Hossain, Driver Monir, Sharif and Swapan saw the occurrence, The accused persons threatened them with death pointing firearms when they went forward to rescue the deceased. At the time of leaving the park when Jashim took an attempt to catch hold of the accused persons they threa......absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ......egs. The deceased's elder brother Azahar Ali Bhuiyan, sister's husband Altaf Hossain, Driver Monir, Sharif and Swapan saw the occurrence, The accused persons threatened them with death pointing firearms when they went forward to rescue the deceased. At the time of leaving the park when Jashim took..Category: Criminal Law | Date: | Hits: 40
AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)
.... (Criminal Revisional Jurisdiction) Present: Sharifuddin Chaklader J Sheikh Abdul Awal J AKM Iftekhar Ahmed and another……………..Petitioners Vs. State………….….Opposite Party Judgment April 4, 2007. Cases Referred To- ...... Penal Code is liable to be quashed. 8. On the question of being fugitive from justice, as raised by the learned Advocate for the informant, Mr. Rokanuddin Mahmud, the learned Advocate, took time for filing an affidavit but when the matter was posted for delivery of judgment on the date fix......e merit of the Rule. According to him, the claim of insurance policy is always a subject matter of civil dispute for which no criminal case can be initiated, the informant having filed civil suit for recovery of the insured money, the proceeding under sections 406/420 of the Penal Code is liable to ......de Court. If this position be continued, I am afraid a day will come when practically, there will be no legal system in Bangladesh. Ed. This Case is also Reported in: 59 DLR (2007) 646. ..Category: Criminal Law | Date: | Hits: 97
Ali Ashraf Mia Vs. Chairman, First Court of Settlement and others, 2006, 35 CLC (HCD)
....s. Chairman, First Court of Settlement and others……………Respondents Judgment June 27, 2006. Lawyers involved: Fariduddin Ahmed with Md Kamrul Islam, Advocates — For the Petitioner. (In both the Writ Petitions) Adilur Rahman Deputy Attorney-Gener......s filed to the learned District Judge, Dhaka and thereafter to the High Court Division and lastly, to the Appellate Division but ultimately the aforesaid ex parte decree was not set aside. In the meantime, the aforesaid property was included in the Ka list of the Abandoned Buildings as published in ....... 444 of 1984 before the First Court of learned Assistant Judge, Dhaka for declaration that the petitioner is the owner of the property in question and that the same is not Abandoned Property and for recovery of khas possession but the said suit was dismissed on 4-8-1987 by order No. 48. The said or......interference by this Court. Accordingly, both the aforesaid Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 640. ..Category: Property Law | Date: | Hits: 39
Executive Engineer, Roads and Highways Vs. Naderuzzaman and others, 2007, 36 CLC (HCD)
....ment August 5, 2007. Result: The Rule is made absolute. Unless a prayer for review is based on the grounds mentioned in rule 1 of Order XLVII of the Code, the Court will not sit on the matter again for a rehearing or further hearing which is already concluded by a decision even if that......f 2004 affirming the judgment and order dated 7-4-04 passed by the learned Senior Assistant Judge, Begumgonj, Noakhali in Title Suit No. 94 of 2001 is restored. The order of stay as granted at the time of the issuance of the Rule and extended subsequently is vacated. Send down the lower court ......t the time of the issuance of the Rule and extended subsequently is vacated. Send down the lower court records. Ed. This Case is also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ......t the time of the issuance of the Rule and extended subsequently is vacated. Send down the lower court records. Ed. This Case is also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ..Category: Procedural Law | Date: | Hits: 75
Bellal Hossain (Md) & others Vs. Md. Yasin Ali Mondal and ors., 2007, 36 CLC (HCD)
.... The Rule is made absolute. Case Referred to- Hajarilal Mondal vs. Md. Mozaffor Bepari, 8 BLC (AD) 7. Lawyers involved: Lutfor Rahman Mondol with KM Zahid Sarwar, Advocates — For the Petitioners. Md. Aminul Haq Helal, Advocate — For Opposite Party No. 1. ......he pre-emptor brought the deed No.9145 dated 15-11-1994 (Exhibit T) only to save the limitation for filing the application for preemption. PW 1 categorically stated that he had the knowledge at the time of registration of the deed under pre-emption and he was also present at the Sub-Registry Offic......ed earlier by this Court stands vacated. Send down the lower Court's record at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 634. ......ed earlier by this Court stands vacated. Send down the lower Court's record at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 634. ..Category: Property Law | Date: | Hits: 23
Commissioner of Taxes Vs. Prime Bank Ltd., 2007, 36 CLC (HCD)
....rdinance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ......f a firm or association of persons or on the partition of a Hindu undivided family. 21. An individual may hold shares or stock, etc for the purpose of earning some extra bucks by sale in good time or as security for future exigencies in course of his/her usual profession or business. But he/......peal to Appellate Division under section 162 of the Ordinance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ......peal to Appellate Division under section 162 of the Ordinance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ..Category: Fiscal/Taxation Law | Date: | Hits: 82
Abdur Rashid Miah and another Vs. Md. Zami Shah Newaz and others, 2007, 36 CLC (HCD)
.... Miah and another…………..Petitioners Vs. Md. Zami Shah Newaz and others……………..Opposite Parties Judgment March 11, 2007. Result: The Rule is disposed of with modification. Cases Referred to- Tarak Chandra Maghi vs. Atahar Ali Howlader, 8 MLR (AD) 209; 8 BLC (......additional evidence. 10. The learned District Judge, Bhola after hearing, by his order dated 21-5-1998 directed to keep the application with the record for consideration of the same at the time of hearing of the appeal on 25-6-1998. 11.The appellants-opposite parties on 21-5-1998 filed......h above modification that the contentious signatures or writings are to be examined with admitted signatures. Ed. This Case is also Reported in: 59 DLR (2007) 625; 13 MLR (HCD) (2008) 317. ......h above modification that the contentious signatures or writings are to be examined with admitted signatures. Ed. This Case is also Reported in: 59 DLR (2007) 625; 13 MLR (HCD) (2008) 317. ..Category: Property Law | Date: | Hits: 32
Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... vs. R(1898) AC 735, P 742; Rahe Manjil Transport vs. Md. Amin, PLD 1963, Karachi 182, Jahanara Akther's Case 49 DLR (AD) 80. Lawyers involved: Shah Md. Munir Sharif with Md. Ataur Rahman, Advocates—For the Petitioners (In all Writ Petitions). Md. Mafizur Rahman Mazumder, Deputy Attorney-......st the defendants-petitioners for an amount of Taka 49,79,194.32 with interest @ 18% per annum till realisation. The petitioners having defaulted in repaying the decretal amount within the prescribed time the decree holder-Bank initiated Execution Case No. 35 of 2002 on 13-6-02 Meanwhile, the Artha ...... statute, it transpires that the Artha Rin Adalat Ain, 2003 (Act VIII of 2003) was promulgated with a view to further consolidate and amend the existing law i.e. Artha Rin Adalat Ain, 1990 for speedy recovery of loan of the financial institution. Whereas, by virtue of section 60(1) of the Ain, 2003 ......rtificate under section 33(5) of the Ain in Writ Petition No. 6732 of 2004 are made absolute. However, there will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 615...Category: Constitutional Law | Date: | Hits: 168
Abdul Mannan Matubbar Vs. Bangladesh Water Development Board and others, 2007, 36 CLC (HCD)
....in: 59 DLR (2007) 610; 13 MLR (HCD) (2008) 51. ...... that in the facts and circumstances of the present case, the impugned order cannot be sustained in view of non supply of the Inquiry Report along with the second show cause notice. But at the same time we also hold that the respondents are free from proceeding against the petitioner from the stag...... considering his explanation." Accordingly, the Rule is discharged, however, without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 610; 13 MLR (HCD) (2008) 51. ...... considering his explanation." Accordingly, the Rule is discharged, however, without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 610; 13 MLR (HCD) (2008) 51. ..Category: Employment/Service Law | Date: | Hits: 76
Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....his Case is also Reported in: 59 DLR (2007) 601. ...... as security against such loan, sanctioned against back to back Letter of Credit in order to export readymade garments. However, having defaulted in paying up the loan within the prescribed period of time culminated in filing the said mortgage suit under the Artha Rin Adalat Ain, 1990. Subsequentl......ea, Dhaka as plaintiff instituted Title Suit No. 195 of 2002 on 26-9-2002 before the Artha Rin Adalat No. 1, Dhaka against 4(four) defendants including the petitioners as defendant Nos. 1 and 2 for recovery of loan amounting to Taka 2,16,38,155.64, on selling the mortgaged property given as securi......sult, Rules in Writ Petition Nos. 6579 of 2004 and 6057 of 2005 are discharged without any order as to costs.Stay granted earlier stands vacated.Ed.This Case is also Reported in: 59 DLR (2007) 601. ..Category: Others | Date: | Hits: 104
Integrated Services Ltd. Vs. Commissioner (Current Charges), Customs and others, 2007, 36 CLC (HCD)
....to refund the, detained non-adhesive share transfer stamps by 24th day of May, 2007, positively. Ed. This Case is also Reported in: 59 DLR (2007) 597.......tamps mainly on the apprehension that the detained stamps would be of no use today to the petitioner and the entire amount spent for purchase of the stamps would be wasted together with the loss of time, energy and cost of litigations. 24. As stated hereinabove that on 29-8-2004 the stamps......legal effect. The respondents are directed to refund the, detained non-adhesive share transfer stamps by 24th day of May, 2007, positively. Ed. This Case is also Reported in: 59 DLR (2007) 597.......legal effect. The respondents are directed to refund the, detained non-adhesive share transfer stamps by 24th day of May, 2007, positively. Ed. This Case is also Reported in: 59 DLR (2007) 597...Category: Business or Commercial Law | Date: | Hits: 178
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