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Abu Taher Vs. State, 2005, 34 CLC (HCD)
....d that when he came to the place of occurrence house the appellant was absent and he did not see the appellant in his house for 4/5 days before the occurrence. He also submits that as the prosecution totally failed to prove presence of the appellant at the material time in his house where his wife w......ppellant, who was absconding. They were put to trial in the Court of Additional Sessions Judge, Pirojpur, wherein the charges under sections 302 and 201 of the Penal Code against the appellant in his absence and under sections 302/109 and 201 of the Penal Code against accused Abul Hashem Kha and Sel......ted in any other case. 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) 34. ..Category: Criminal Law | Date: | Hits: 41
Sultan Uddin Ahmed Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....l machineries and to release the same within 7 days from the date of receipt of this judgment. However, there shall be no order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 31. ......d on behalf of the respondents to object the Rules. But the learned Deputy Attorney-General Mrs. Syeda Afsar Jahan objected the rules in routine manner but could not substantiate her objection due to absence of materials in hand. 5. Mr. Md. Sadullah, the learned Advocate appearing for the petiti......l machineries and to release the same within 7 days from the date of receipt of this judgment. However, there shall be no order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 31. ..Category: Business or Commercial Law | Date: | Hits: 234
World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14.......tration and deal with it ourselves." 13. From the decision referred to above, it appears that instead of availing of the arbitration clause, the Orissa Electricity Board enhanced surcharge in the absence of any provision in that behalf in the agreement itself. The case referred to above is not a......ute. The Water Development Board filed appeal and the Appellate Division held that since the contract provided for arbitration of disputes arising out of the contract, the dispute brought in the writ jurisdiction was not maintainable for non-exhaustion of the remedy provided in the contract. In the ..Category: Information Technology Law | Date: | Hits: 321
....ed and brought to light in Abul Hosain's case (44 DLR 521) when it has been observed that Article 3 of the Constitution incorporates the due concept and arbitrariness. whether in law or in action, is totally impermissible and unconstitutional.
14. From the affidavit-in-reply of Writ Petition No. ...... any lawful authority and are of no legal effect.
In view of the facts and circumstances of the cases there will be no order as to cost.
Ed.
This Case is also Reported in: 58 DLR (2006) 5.
...... and the demand made pursuant to Annexure "C" and "D" respectively of the Writ Petition No. 1971 of 2002 and Annexure "B1" and "C" respectively of Writ Petition No. 28 of 2002 are illegal and without jurisdiction in view of the fact that in the 3rd Schedule at the import stage of the spare parts of ..
Category: Fiscal/Taxation Law | Date: | Hits: 81
Selim Reza Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....-4-2005. The petitioner finding no response again by another representation dated 26-4-2005 informed the respondent No. 4, Deputy Commissioner Chuadanga hat although he paid Taka 4,50,000 (20% of the total lease money intended to be offered by the petitioner) by way of Call Deposit to the respondent......Rule is made absolute without any order as to costs. The office is directed to communicate this order to the respondents for information. Ed. This Case is also Reported in: 58 DLR (2006) 1. ......Rule is made absolute without any order as to costs. The office is directed to communicate this order to the respondents for information. Ed. This Case is also Reported in: 58 DLR (2006) 1. ..Category: Others | Date: | Hits: 114
.... and the writ petition was not maintainable has no substance.
In the result, the Rule is made absolute with any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 506.
...... and the writ petition was not maintainable has no substance.
In the result, the Rule is made absolute with any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 506.
......y Commissioner (Revenue) had, in fact, no option in law but to mutate the name of the petitioner by correcting the record of right. The Additional Deputy Commissioner (Revenue) not only acted without jurisdiction in sending the matter to the Ministry of Land without deciding the matter himself with ..
Category: Property Law | Date: | Hits: 95
Commissioner of Taxes Vs. Kushtia Sugar Mills Ltd., 2000, 29 CLC (HCD)
....ees. 2. The assessee company is a incorporated under the Companies Act and is a nationalised one under the provisions of President’s Order 27 of 1972. The assessee submitted its return showing a total loss of Taka 59,46,175 for the said assessment year but the DCT assessed the income of the ass....... Accordingly, we answer the questions in the affirmative and against the revenue applicant. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 504........ Accordingly, we answer the questions in the affirmative and against the revenue applicant. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 504...Category: Fiscal/Taxation Law | Date: | Hits: 104
.... to file a separate application for condonation of delay. With this observation the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 502....... to file a separate application for condonation of delay. With this observation the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 502.......BLD 157 Kamal Anwar and others Vs. Md. Kabir Khan. In this reported case, the facts are almost same. Mostafa Kamal, J (as he then was) held, “the order of dismissal for default being wholly without jurisdiction the Court should vacate such order The heirs and successors of the deceased plaintiff h..
Category: Procedural Law | Date: | Hits: 106
Annada Prosad Das Vs. DC, Khulna and others, 2001, 30 CLC (HCD)
....ppeal is allowed, the judgments and decrees of the Courts below are set aside and the suit is decreed in full. No order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 496.......finally and effectively considering all the relevant laws and available decisions on the subject of other courts of this subcontinent. 13. Here in this case, the legal conflict is that whether for absence of the plaintiff-appellant from Bangladesh for certain years, his citizenship will cease or ......ppeal is allowed, the judgments and decrees of the Courts below are set aside and the suit is decreed in full. No order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 496...Category: Immigration and Citizenship Law | Date: | Hits: 190
Anindra Bhusan Ghose Vs. Bangladesh Government, 2001, 30 CLC (HCD)
....l. For the reasons and discussions made above, I find no merits in this appeal. In the result the appeal is dismissed. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 493.......l. For the reasons and discussions made above, I find no merits in this appeal. In the result the appeal is dismissed. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 493.......l. For the reasons and discussions made above, I find no merits in this appeal. In the result the appeal is dismissed. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 493...Category: Property Law | Date: | Hits: 85
....ainable.
For the reasons stated above, we do not find a substance in this Rule, which is discharged without any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 488.
......some other context in the same statute yet such authority entrusted with judicial functions will be deemed to be a Court subordinate to High Court Division. Section 4 of the Code provides that in the absence of Specific Provision to the contrary, the provisions of Code of Civil Procedure shall not b......ocedure lies against the decision of the Additional Divisional Commissioner. He further submits that the Deputy Commissioner or the Divisional Commissioner, as the case may be, while exercising civil jurisdiction under the Chittagong Hill Tracts Regulation, 1900 does not become a Court subordinate t..
Category: Civil Law | Date: | Hits: 89
Parul Bala @ Parul Rani Shah Mondol Vs. Suruj Miah and others, 2001, 30 CLC (HCD)
.... appears from the report of the To, Noakhali dated 20-5-48 that the amount of Rs 12,000.00 has been deposited vide Challan No.22, dated 22-2-1951, which does not appear to have been deducted from the total demand of the case. Deduct this amount of Rs 12,000.00 from the present demand. It also appear......)68 is disposed of accordingly, the judgments and decrees of, the Courts below are set aside. The suit is decreed in full. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 481....... plaintiffs was hit by section 37 of the PDR Act as well and this view of the trial Court has been endorsed by the appellate Court. Section 37 of PDR Act reads as follows: “37. General Bar to jurisdiction of Civil Courts, save where fraud alleges.- Except as otherwise expressly provided in t..Category: Property Law | Date: | Hits: 83
Nizam Hazari Vs. State, 2001, 30 CLC (HCD)
....thy testimonies of three prosecution witnesses. Special Tribunal appears to have correctly approached the matter and arrived at a well founded decision. Evidences adduced from the side of prosecution totally excludes any hypothesis of innocence of convict-appellant and his false implication in the c......s been placed upon Sars Pal Singh Vs. State of Delhi AIR 1999 (SC) 49 in support of ground and contention urged. (iv). Tribunal committed gross illegality in examining prosecution witnesses in the absence of convict-appellant describing him as absconder. Recording of reasons for trial in the abse......ing blame upon Tribunal and this conduct of convict-appellant must be taken notice of. Omission in not recording a decision in holding trial will not make the trial and judgment a nullity and without jurisdiction. The defect, if any, is a procedural and technical one not affecting the merit of the d..Category: Criminal Law | Date: | Hits: 58
Titas Gas Vs. Immense Washing Plant and others, 2001, 30 CLC (HCD)
....e plant of the plaintiff. The defendant Titas Gas opposed the application by filing a written objection. It was contended therein that the plaintiff stopped paying the gas bills since August, 1999 in total disregard of the order dated 25-4-2000 of the trial Court and the arrears stood at Taka 18,92,......8. Mr. Mainul Hosein, learned Senior Counsel for the petitioner, submits that in the facts and circumstances of the case, the order of mandatory injunction is wholly misconceived, particularly in the absence of any security for the arrears on the defiance of the plaintiff to pay any bills for the ga......that the suit as framed is not at all maintainable under section 42 of the Specific Relief Act and granting of mandatory injunction in such misconceived suit is totally arbitrary, illegal and without jurisdiction. Lastly, he submits that order of temporary injunction was not intended to release the ..Category: Civil Law | Date: | Hits: 151
Milon @ Shahabuddin Ahmed Vs. State, 2001, 30 CLC (HCD)
.... Ahmed are hereby maintained. Send down the lower Court records along with a copy of this judgment to the Court concerned at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 464. ......n-examination of disinterested and independent witnesses as though the occurrence is alleged to have taken place in the broad day light on the busy pathway. The learned Advocate also submits that the absence of vital witnesses such as rickshaw puller and the charge-sheeted accused Saber who took the...... Ahmed are hereby maintained. Send down the lower Court records along with a copy of this judgment to the Court concerned at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 464. ..Category: Criminal Law | Date: | Hits: 35
Abdus Sukur (Md.) and others Vs. Bhasani Mandal and another, 2001, 30 CLC (HCD)
....his report together with the sketch map exhibit No.6 belies the case of defendant No.1 that the suit land is a nal land and his borgadar D.W. 1 cultivates the land with tractor. But such evidence was totally excluded by the appellate Court from consideration on the ground that why the Advocate Commi......gment and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452.......gment and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452...Category: Property Law | Date: | Hits: 75
Seastar Shipping Lines Ltd. Vs. Bangladesh & others, 2001, 30 CLC (HCD)
....te of receipt of this order. A copy of this order be sent forthwith to the Prime Minister’s Secretariate and the Ministry of Food. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 449.......te of receipt of this order. A copy of this order be sent forthwith to the Prime Minister’s Secretariate and the Ministry of Food. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 449.......oyage. Even in that case the respondent No.1 had no authority in law to detain the said vessel as it did by the impugned order without obtaining an order of arrest of the said vessel in the admiralty jurisdiction of the High Court Division after filing an admiralty suit claiming damages for such car..Category: Admiralty Law or Maritime Law | Date: | Hits: 212
State Vs. Md. Shamim alias Shamim Sikder and others, 2000, 29 CLC (HCD)
.... rigidly by the old draconian standards would be sufficient to justify the imposition of the lesser penalty nor are these circumstances adequate enough to palliate the offence of murder. But in their totality, they tilt the judicial scales in favour of life rather than putting it out”. 44. Ther......der alias Md. Ratan are allowed and they are found not guilty to the charges levelled against them and they are acquitted in this case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 439.......der alias Md. Ratan are allowed and they are found not guilty to the charges levelled against them and they are acquitted in this case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 439...Category: Criminal Law | Date: | Hits: 50
Gurvinder Singh Vs. Secretary, Ministry of Finance and others, 1992, 21 CLC (HCD)
....er the head “Salaries”, “wherever paid” if it is earned in Bangladesh shall be deemed to accrue or arise in Bangladesh and therefore, taxable. Section 17 of the Income-Tax Ordinance described total income of any individual in relation to a person “who is a resident” in Bangladesh, all in...... In the result, this Rule is disposed of on the above observations without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 434. ......be issued when the income-tax authority would come to a finding that the assessee will not come back to Bangladesh again and if travels abroad he will be lost forever and would go forever outside the jurisdiction of the Taxing Authority, but in the instant case there is no such evidence to show that..Category: Fiscal/Taxation Law | Date: | Hits: 98
Hamza Rubber Industries Vs. Golam Dastagir Gazi, 2001, 30 CLC (HCD)
.... is also discharged and order of ad-interim injunction granted at the time of issue of the Rule is also vacated. Communicate at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 430. ......unction. This finding was no doubt arrived at by the learned Additional District Judge on misconception of the principles applicable, as stated above, in such case of Trade Mark, particularly, in the absence of finding of infringement of the Trade Mark of the plaintiff. 13. Mr. Ajmalul submits th...... is also discharged and order of ad-interim injunction granted at the time of issue of the Rule is also vacated. Communicate at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 430. ..Category: Intellectual Property Law | Date: | Hits: 230
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