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Matiur Rahman Bepari Vs. Wazuddin Bepari & others, 1999, 28 CLC (HCD)
....-6-91 is maintained. 8. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (2000) 450. ......-6-91 is maintained. 8. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (2000) 450. ......-6-91 is maintained. 8. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (2000) 450. ..Category: Procedural Law | Date: | Hits: 77
Abdul Awal (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....alling for return, the proceedings for assessment of the applicants income was afoot and whilst proceedings for assessment was pending and not terminated itself in final assessment and computation of total income, the assesses income cannot be said to have escaped assessment as it was open to assess...... and the DCT was obliged to make the final assessment for the said assessment year within 30-6-84. Further, we do not find any reason to hold that the assessee applicant escaped any assessment in the absence of the assessment which ought to have been made by the authority under section 23 of the Act...... pending on 6-12-83, when another notice was issued under section 34(1) of the Act and, as such, the subsequent notice served by the DCT under section 34 of the Act was premature, illegal and without jurisdiction. The learned Advocate further submits that it was the incumbent duty of the assessing o..Category: Fiscal/Taxation Law | Date: | Hits: 96
Bibi Zarina and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....-91 passed by the 1st Court of Settlement in Case No.719 of 1987 within 3(three) months from the date of receipt of the copy of the judgment. Ed. This Case is also Reported in: 52 DLR (2000) 439.......-91 passed by the 1st Court of Settlement in Case No.719 of 1987 within 3(three) months from the date of receipt of the copy of the judgment. Ed. This Case is also Reported in: 52 DLR (2000) 439.......ed the said house as successor-in-interest and he continuously lived in this country and paid income tax of his business till his death. Thus it appears that the government most illegally and without jurisdiction declared the case property as abandoned property and, as such, we do not find any illeg..Category: Property Law | Date: | Hits: 90
Manager, Bangladseh Krishi Bank and others Vs. Al-Haj Md. Nurul Islam & another, 1999, 28 CLC (HCD)
....rincipal amount and only modifying the rate of interest from the date of institution of the suit till realisation. 12. On scrutiny of the pleading and evidence on record we find that the plaintiff totally failed to prove that defendant Bank was under a legal obligation to sanction the very amount......e next instalments should be and must be sanctioned and paid, rather it is in the evidence that proper utilization of the first instalments is a condition precedent for payment of 2nd installment. In absence of any evidence we find that the instalments were paid as per Banks rules and the plaintiff ......suit is hit by section 11 of the Code of Civil Procedure in view of the findings already given in Artha Rin Adalat Case No.1 of 1991 which was decreed as early as on 21-3-1992 by a Court of competent jurisdiction between the same parties having the matter substantially in issue between them. 9. T..Category: Civil Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Aziz Pipes Limited, 2003, 32 CLC (AD)
.... project located at Shibrampur in the District of Faridpur for manufacturing P.V.C. pipes. The sanction was for Tk. 70,00,000/- in local currency and US$ 8,63,000 equivalent to Tk. 1,55,40,000/-. The total disbursement ultimately was Tk. 2,32,23,003.71. The difference between sanctioned amount and a......ll realization of the decreetal amount if it is not paid within a period of 90 days from date. The parties are to bear their own costs. Ed. This Case is also Reported in: II ADC (2005) 221. ......ll realization of the decreetal amount if it is not paid within a period of 90 days from date. The parties are to bear their own costs. Ed. This Case is also Reported in: II ADC (2005) 221. ..Category: Civil Law | Date: | Hits: 126
State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)
....rected to take steps for disposal of the application in the light of our findings as above. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 82; 28 BLD (AD) (2008) 138; V ADC (2008) 796. ......rected to take steps for disposal of the application in the light of our findings as above. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 82; 28 BLD (AD) (2008) 138; V ADC (2008) 796. ......reme Court of Bangladesh. Therefore under rule 19(gha) the Supreme Court is also debarred from granting bail to persons accused of offences mentioned in rules 14 and 15. However when there is lack of jurisdiction, corum non judice or malafide the bar in rule 19(gha) in granting bail will not applyâ€..Category: Criminal Law | Date: | Hits: 100
.... costs. The impugned order of the reÂspondent No. 1 is declared to have been passed withÂout any lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 40 DLR (1988) 163.
...... costs. The impugned order of the reÂspondent No. 1 is declared to have been passed withÂout any lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 40 DLR (1988) 163.
......olds office and service under the Government. Mr. Aftab Hossain them referred to Section 4 of the Administrative Tribunal Act, 1980 which provided that an Administrative Tribunal shall have exclusive jurisdiction to hear and determine apÂplications made by any person in the service of the Republic ..
Category: Labour and Industrial Law | Date: | Hits: 170
Eser Ali Sheikh (Md.) Vs. Md. Mokarram Ali and others, 2001, 30 CLC (HCD)
.... of 1996 of the First Court of Subordinate Judge at Kushtia is also recalled and vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 612. ...... of 1996 of the First Court of Subordinate Judge at Kushtia is also recalled and vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 612. ......r determination of title and decided that a thirty years old registered Kabala exhibit 1 was forged and that Sharijan Nessa did not acquire any title by that ‘Kabala’. The trial Court has no such jurisdiction to convert the suit into a suit for determination of title as was ruled by the Appellat..Category: Property Law | Date: | Hits: 91
.... is directed to proceed with the execution of Execution Case No.10- of 1986 as usual according to law, communicate this order at once.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 610....... is directed to proceed with the execution of Execution Case No.10- of 1986 as usual according to law, communicate this order at once.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 610.......and maintained the earlier order of stay granted by him by the impugned order.
6. Mr. Md. Muzaffar Hossain, learned Advocate for the petitioners submits that the Subordinate Judge acted beyond his jurisdiction in staying further proceedings of the execution case pending before the executing court..
Category: Civil Law | Date: | Hits: 81
Abdul Waresh Vs. Md. Abdul Halim and others, 2001, 30 CLC (HCD)
....t and the order dated 28-8-9 1 passed by the learned Subordinate Judge. Chittagong in Miscellaneous Case No. 493 of 1990 is affirmed. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 608. ......t and the order dated 28-8-9 1 passed by the learned Subordinate Judge. Chittagong in Miscellaneous Case No. 493 of 1990 is affirmed. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 608. ......t and the order dated 28-8-9 1 passed by the learned Subordinate Judge. Chittagong in Miscellaneous Case No. 493 of 1990 is affirmed. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 608. ..Category: Civil Law | Date: | Hits: 86
Sumikin Bussan Corporation Vs. Chittagong Port Authority and Others, 2001, 30 CLC (HCD)
....is regard, we are explaining this point as follows: (1) Referring to Chapter 6.1(List of customers and supply records delivered for the last. 5 years) of our Bidding document, please note that the total supplied Cranes are 35 Nos. in the last 5(five) years (1994-1998) instead of the existing. ...... declared accepting the decision No.8823 dated 13-9-2000 of the Chittagong Port Authority as contained in Annexure-B to the petition. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 599. ......the writ petition. He submits that since no contract has yet been executed either with the petitioner or with any other bidder no right has accrued to the petitioner to file an application under writ jurisdiction. Mr. Ahmed next argues that the contract is purely and simply a trading contract for th..Category: Others | Date: | Hits: 153
Sk Sohrab Ali Vs. Gazi Abdur Rashid and others, 2000, 29 CLC (HCD)
....is order, with notice to the contending parties. Communicate the order to the learned Subordinate Judge, 3rd Court, Dhaka at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 598. ......is order, with notice to the contending parties. Communicate the order to the learned Subordinate Judge, 3rd Court, Dhaka at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 598. ......is order, with notice to the contending parties. Communicate the order to the learned Subordinate Judge, 3rd Court, Dhaka at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 598. ..Category: Procedural Law | Date: | Hits: 82
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
.... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261....... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261.......finally decided and adjudicated upon by the Court. Similar consequence was also accepted in the case of Manni Lal Vs. Parmai Lal, AIR 1971 (SC) 330. 16. From the aforecited decisions in the Indian jurisdiction it is quite clear that the legislature intended in its wisdom that two separate and dis..Category: Constitutional Law | Date: | Hits: 202
Abdul Mannan Sarker (Md.) Vs. State and others, 2001, 30 CLC (HCD)
.... now pending in the Court of learned Metropolitan Magistrate, Dhaka is thus quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 565. ......he informant as loan for business purpose and, as such, in the allegation we do not find any ingredient of instrument or that the money was taken with any specific promise or inducement. Thus, in the absence of such definite allegation it cannot be held that taking of money as loan and subsequent fa...... now pending in the Court of learned Metropolitan Magistrate, Dhaka is thus quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 565. ..Category: Criminal Law | Date: | Hits: 43
Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
....Rule is discharged. No order as to Costs. Order of stay granted at the time of issue of the Rule is re-called and vacated. Communicate. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 563.......Rule is discharged. No order as to Costs. Order of stay granted at the time of issue of the Rule is re-called and vacated. Communicate. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 563......., certified copies of 4 contemporaneous Kabalas were also filed. If the valuation of the case was found to be more than one lakh, then the Court of Senior Assistant Judge would not have the pecuniary jurisdiction to hear the preemption application. The application was seriously opposed by the preemp..Category: Property Law | Date: | Hits: 68
Abu Sayed Vs. State, 2001, 30 CLC (HCD)
....he time the Sessions Judge at Pabna Send down the records of the case at once if he is not wanted in connection with any other case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 559. ......he time the Sessions Judge at Pabna Send down the records of the case at once if he is not wanted in connection with any other case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 559. ......he time the Sessions Judge at Pabna Send down the records of the case at once if he is not wanted in connection with any other case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 559. ..Category: Criminal Law | Date: | Hits: 41
Sultan Mia (Md.) Vs. Hazi Md. Yusuf, 2001, 30 CLC (HCD)
....e of the matter expeditiously preferably within 3 months from the date of receipt of the order. Send down the lower Court records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 555. ......e of the matter expeditiously preferably within 3 months from the date of receipt of the order. Send down the lower Court records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 555. ...... Code of Civil Procedure. The provision of the Code must be deemed to be exhaustive of all matters dealt with by it. A Court has no inherent power to do that which is prohibited by the Code. Inherent jurisdiction of the Court must be exercised subject to the rule that if the code does contain specif..Category: Property Law | Date: | Hits: 82
Molla Mahjenul Islam Vs. State and others, 2001, 30 CLC (HCD)
....rder as to costs. The status quo order passed by this Court earlier is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 552.......rder as to costs. The status quo order passed by this Court earlier is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 552.......see that the plaintiff has been able to satisfy the Court that he has a good prima facie arguable case to be considered at the trial. If it is shown that the reliefs sought for in the suit is without jurisdiction on the face of it or in violation of any law, the Court can legitimately look into the ..Category: Property Law | Date: | Hits: 105
Anwar Hossain Vs. Election Commission of Bangladesh and others, 2001, 30 CLC (HCD)
....he decision in the case of Mr. Khandker Delwar Hossain, reported in 19 BLD (AD) 276. Mr. Nabi also submits that the contention of coram non judice, in the context of the facts of the present case, is totally misdirected and misconceived and, as such, the Election Commission acted in accordance with ...... the petitioner vacated his seat in the Parliament for his joining the cabinet of the consensus government formed by the Awami League as a dispute and refer the same to the Election Commission in the absence of any dispute raised in this regard by the petitioner or any other interested person and th...... gazette notification to that effect did not attract the mischief under Article 70(1) of the Constitution causing the seat of the petitioner in the Parliament to be vacant acted illegally and without jurisdiction in referring the matter to the Election Commission treating the same as a dispute under..Category: Constitutional Law | Date: | Hits: 196
.... further directed that the petitioner should not be evicted without observing the provisions of law. There will be no order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 540....... further directed that the petitioner should not be evicted without observing the provisions of law. There will be no order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 540....... Building Research Institute is a statutory body and is a project for the benefit of the citizens of the country and that petitioner being a trespasser has no locus standi to take shelter of the writ jurisdiction and in view of the provisions of Act 32 of 1989 the interim order of status quo need be..
Category: Property Law | Date: | Hits: 97
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