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....ons stated here in above the Rule is liable to be discharged.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 426.
......on no evidence or without considering any material evidence facts causing prejudice to the complaining party or that it had acted mala fide or in violation of any principle of natural justice. In the absence of any of these conditions the interference by the High Court Division will itself be an act...... of contract and succeeded in obtaining a decree for specific performance of contract from the appellate Court and as such enlisting of the case property as abandoned property was illegal and without jurisdiction.
6. Dr. Kazi Rezaul Hoque, learned Assistant Attorney-General appearing for responde..
Category: Property Law | Date: | Hits: 103
Progoti General Insurance Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
.... income accrued as such the Deputy Commissioner Taxes was justified to disallow their claim for deduction of Jamuna Levy for arriving dividend income and interest income of the applicant in computing total income of the applicant?” 4. Mr. AFM Ferojuddin Bhuiyan, the Advocate appearing for the a......ormulated by us in the negative and in favour of the assessee petitioner. There will be no order of cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 424, 53 DLR (HCD) (2001) 531. ......ormulated by us in the negative and in favour of the assessee petitioner. There will be no order of cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 424, 53 DLR (HCD) (2001) 531. ..Category: Fiscal/Taxation Law | Date: | Hits: 104
Sogra Begum Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....f the Income Tax Ordinance, 1984. 2. It is stated that the petitioner is a pardahnashin lady and a housewife and she was assessed to tax under section 82(2)/93 of the Income Tax Ordinance, 1984 on total income of Taka 11,61,555.00 for the assessment year l987-88 and being aggrieved by the aforesa......es not appear to us to be a fit case for granting a certificate as prayed for. Hence the prayer is rejected. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 420, 26 BLD (HCD) (2006) 301. ......3 for setting aside the ex parte decree and/or an appeal before the higher Court. The only limitation is that if the appeal is heard first the Order 9 rule 13 application becomes incompetent i.e. the jurisdiction to pass orders on application under the Rule subsists only so long as the appellate Cou..Category: Fiscal/Taxation Law | Date: | Hits: 108
Mainuddin Chowdhury & others Vs. State and another, 2001, 30 CLC (HCD)
....itioners No.4 be enlarged on bail to the satisfaction of the Deputy Commissioner, Chittagong, if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 416. ......o.2 have not been substantiated by any proof prima facie to show that the petitioners had, in fact, threatened him or his witnesses as alleged or any untoward act had happened between the parties. In absence of such materials it appears to us that the learned Sessions Judge has wrongly cancelled the......itioners No.4 be enlarged on bail to the satisfaction of the Deputy Commissioner, Chittagong, if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 416. ..Category: Criminal Law | Date: | Hits: 43
Abul Kashen (Md.) Vs. Chairman, RAJUK and others, 2000, 29 CLC (HCD)
....n already made under the order of this Court should not be disturbed in any way by the respondents. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 488. ......n already made under the order of this Court should not be disturbed in any way by the respondents. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 488. ......n already made under the order of this Court should not be disturbed in any way by the respondents. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 488. ..Category: Property Law | Date: | Hits: 114
.... going beyond the accounts of the applicant added Taka 3,00,000 to the net income of the applicant as receipts of commission at the rate of Taka 15,000 per person for 20 persons and thus computed the total income of the applicant at Taka 2,94,884 against net loss of Taka 5,266. The assessee applican...... in part. The assessee applicant being aggrieved by the aforesaid order of the Taxes Appellate Tribunal filed this Reference application for answering the following question:
“(1) whether in the absence of any finding of any defect in the method of accounting employed and the accounts maintaine......ered in the negative, and against the Revenue.
Accordingly, the reference is answered in the negative. There will be no order as to costs.
Ed.
This case is also Reported in: 52 DLR (2000) 484...
Category: Fiscal/Taxation Law | Date: | Hits: 101
Abdul Mannan and another Vs. Bangladesh, 1999, 28 CLC (HCD)
.... Petition No.2259 of 1998 are discharged without any order as to costs. The order of stay granted earlier in both Rules are hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 471. ...... Petition No.2259 of 1998 are discharged without any order as to costs. The order of stay granted earlier in both Rules are hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 471. ......submits that the writ petition is not maintainable for raising disputed question of facts as regards distribution of voters and population of the newly created 9 Wards which cannot be decided in writ jurisdiction at this stage. He then submits that the impugned order regarding delimitation of three ..Category: Election Law | Date: | Hits: 97
A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....the respondent 3 dated 24-06-99, 21-09-99 and 26-09-99, we must also hold that the decisions of cancellation of the sanction and the direction for demolition/removal of the constructions are based on total non-application of mind, far less of an unbiased and impartial person. 87. Mr. Islam rightl......titioners which were not correct. The decision of the committee also does not show what directions were given to the petitioners which they were bound in law to comply with but did not comply. In the absence of any such finding, just by saying for repeated non-compliance with the notice, the Committ...... took the decision on the cancellation of the sanction and removal of the constructions on the dictates of the Air Head Quarter etc who are completely foreign and/or extraneous to the exercise of the jurisdiction vested in the RAJUK under the Act. 75. The discretion is vested in the RAJUK to exer..Category: Property Law | Date: | Hits: 125
Osena Begum alias Babuler Ma and another Vs. State, 2003, 32 CLC (HCD)
....r case. Let a copy of this judgment be sent to the learned Additional Sessions Judge for his guidance. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 299. ......he Adalat appeared to have been swayed away by such reports. He submitted that anybody going through such malicious reports could get easily agitated. No one came forward to prove such reports in the absence of any proof, conviction upon such newspaper reports cannot be sustained in law. In this reg......ubts that they committed murder of Hazera Begum by throwing acid on her body and they committed murder for dowry. The latter will get preference to the earlier since it only vests the Adalat with the jurisdiction to try such offence. 43. The Ain was promulgated to punish certain heinous offences ..Category: Criminal Law | Date: | Hits: 49
Akkas Ali Molla and another Vs. State, 2001, 30 CLC (HCD)
.... is felt to be necessary. The order of stay of realisation of fine passed on 29‑3‑1989 is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (2003) 296. ...... is felt to be necessary. The order of stay of realisation of fine passed on 29‑3‑1989 is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (2003) 296. ......written complaint of such Court or other Court to which such Court is subordinate as provided under section 195 (1) of the Code of Criminal Procedure, the proceeding of DAB GR Case was wholly without jurisdiction and the judgment and order of conviction is liable to be set aside. The learned Advocat..Category: Criminal Law | Date: | Hits: 129
Mrs. Aruna Sen Vs. Govt. of the People's Republic of Bangladesh and others, 1974, 3 CLC (HCD)
....established by law dealt with two different and separate subjects. According to the said view, deprivation of personal liberty is not the same thing as restriction of free movement, and it is the total loss of personal liberty which is said to be protected under Article 21 as distinguished from ......some or one of the grounds are irrelevant or non-existent and a case in which some or one of the grounds are vague or indefinite. In one case the order of detention itself is rendered, bad because of absence of proof of the necessary satisfaction of the detaining authority, which is the foundation o......reventing him from doing any prejudicial act it is necessary so to do make the order— (a) directing that such person be detained... * * * * “ 9. Having regard to the constitutional jurisdiction exercisable by this Court, it is now well-established that the satisfaction of the Gove..Category: Constitutional Law | Date: | Hits: 291
.... of the review petitioners the same is set aside on review.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (2003) 289.
...... justice. It is further contended by the respondent No.1 ie the writ petitioner, that in fact, the review petitioners have suffered no prejudice although the judgment under review was passed in their absence inasmuch as all the points that could reasonably be agitated in the matter on behalf of the ......out being authorised to do so by the Parliament.
6. Mr. Samsuddin Babul, the learned Advocate for the respondent No.1, in reply, submits that since Article 102 of the Constitution has created writ jurisdiction with summary proceeding for a quick remedy, no review lies against the judgment passed ..
Category: Others | Date: | Hits: 119
Agrani Bank Vs. MA Kahhar, 2002, 31 CLC (HCD)
....veral times but the said party maintained an evasive stance on various pretext. The said PW produced notice dated 22‑12-1987, emanating from his employer, whereby the defendant was asked to pay a total of Taka 83081, inclusive of interest, to the plaintiff. He also proved a document showing that......eason of the contract, which he enters into, it assumes a new garb and gains a fresh vitality." Being devoid of "quid pro quo," a fresh covenant as contemplated by sub section (3) could not, in the absence of the said sub-section, be metamorphosised into a fresh contract. It could only turn into...... in view of above nothing would justify us to allow this appeal. We do, therefore dismiss this appeal without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 285. ..Category: Banking Law | Date: | Hits: 215
Alam Kabiraj and others Vs. State, 2003, 32 CLC (HCD)
.... Sarder and Bashir Sarder @ Bashar accordingly, directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 273. ......ন্যদের কেও মার ধোর করে এ কথা শুনেছি” Above statements of PW 7 and 10 as to police torture and beating of accused will be hearsay only in the absence of their source of above information. In other words, it must be said clearly from whom and ......ate on 17‑12-92 as evident from column No. 2 of both Exhibit 8 and 9. He accordingly, submits that within 24 hours of arrest above two accused were not produced in court or before Magistrate having jurisdiction as per provisions of sections 61 and 167 Cr.P.C. and, as such, detention of both above ..Category: Criminal Law | Date: | Hits: 42
Sirajul Islam (Md.) Vs. Wahidul Haque, 2003, 32 CLC (HCD)
....ion is allowed. The punishment awarded on the petitioner by the order dated 27‑1‑2003 in Contempt Petition No. 70 of 2002 is remitted. Ed. This Case is also Reported in: 55 DLR (2003) 272. ......ion is allowed. The punishment awarded on the petitioner by the order dated 27‑1‑2003 in Contempt Petition No. 70 of 2002 is remitted. Ed. This Case is also Reported in: 55 DLR (2003) 272. ......ion is allowed. The punishment awarded on the petitioner by the order dated 27‑1‑2003 in Contempt Petition No. 70 of 2002 is remitted. Ed. This Case is also Reported in: 55 DLR (2003) 272. ..Category: Others | Date: | Hits: 118
Bangladesh House Building Finance Corporation Vs. Md. Abdul Hoque, 2002, 31 CLC (HCD)
....itted to that effect by the parties before the court. But the learned Joint District Judge by his, impugned order dated 4‑2‑2002 rejected the compromise petition because of the non-mention of the total number of installments under which the balance decretal amount was to be satisfied which, acco...... of the Money Execution Case No. 88 of 1996. Communicate the order to the learned Joint District Judge, Artha Rin Adalat, Jessore at once. Ed. This Case is also Reported in: 55 DLR (2003) 270.......cation of article 183 of schedule 1 of the Limitation Act which provides twelve years limitation to enforce a judgment decree or order of the High Court Division in the exercise of its original civil jurisdiction, or an order of the Appellate Division. We have thus no hesitation to hold that the lea..Category: Property Law | Date: | Hits: 91
Hossain Khan (Md.) and others Vs. Government of Bangladesh & others, 2001, 30 CLC (HCD)
....‑1960 and till today ie 4‑1‑2001 a period of 41 years have passed and, as such, the recurring compensation for 200 shops at the rate of Taka 500 per month would be for 41 years and as such, the total recurring compensation for 200 shops at the rate of Taka 500 per month for 41 years ie 492 mon......Rule No. 250(FM) of 2001 is also made absolute. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 264. ......Rule No. 250(FM) of 2001 is also made absolute. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 264. ..Category: Property Law | Date: | Hits: 95
A Rouf and others Vs. State and another, 1999, 28 CLC (HCD)
....order of the Sessions Judge that the Magistrate shall dispose of case in accordance with law is upheld. Accordingly this Rule is disposed of. Ed. This Case is also Reported in: 52 DLR (2000) 395.......order of the Sessions Judge that the Magistrate shall dispose of case in accordance with law is upheld. Accordingly this Rule is disposed of. Ed. This Case is also Reported in: 52 DLR (2000) 395.......order of the Sessions Judge that the Magistrate shall dispose of case in accordance with law is upheld. Accordingly this Rule is disposed of. Ed. This Case is also Reported in: 52 DLR (2000) 395...Category: Criminal Law | Date: | Hits: 43
Nabiran Bibi Vs. Md. Panna Miah and others, 1998, 27 CLC (HCD)
....learned District Magistrate, Manikganj with a copy of Judgment for disposal of the case by a competent Magistrate for disposal of the case. Ed. This Case is also Reported in: 52 DLR (2000) 394. ......learned District Magistrate, Manikganj with a copy of Judgment for disposal of the case by a competent Magistrate for disposal of the case. Ed. This Case is also Reported in: 52 DLR (2000) 394. ......nal District Magistrate and for which the learned Sessions Judge returned back the case record to the District Magistrate, Dhaka on 26-10-83 for causing trial of the case by a Magistrate of competent jurisdiction. The learned District Magistrate then transferred the case to the court of Additional D..Category: Criminal Law | Date: | Hits: 44
Mazharul Huq Quraishi and others Vs. Hari Chandrs Hrishi and another, 2000, 29 CLC (HCD)
.... to conclude the trial as early as possible preferably within 3 months from the date of receipt of the judgment. Copy be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 392. ...... to conclude the trial as early as possible preferably within 3 months from the date of receipt of the judgment. Copy be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 392. ...... to conclude the trial as early as possible preferably within 3 months from the date of receipt of the judgment. Copy be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 392. ..Category: Criminal Law | Date: | Hits: 42
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