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Gurvinder Singh Vs. Secretary, Ministry of Finance and others, 1992, 21 CLC (HCD)
.... 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. ......ioner would be satisfied that the tax would be assessed finally and would be paid causing no loss of revenue and this would be the position in law under section 107 of the Income-Tax Ordinance. Thus, question of giving a guarantee or a personal guarantee as allowed under the law is pointed out in af......ad, a letter of guarantee that in case he be subjected to any income-tax and found liable to pay, the company would stand for the amount and pay the same. That guarantee would, in our opinion, in the facts and circumstances of the case could be a guarantee that could be accepted by the Taxes Authori..Category: Fiscal/Taxation Law | Date: | Hits: 98
Hamza Rubber Industries Vs. Golam Dastagir Gazi, 2001, 30 CLC (HCD)
....ecome the leading tyre manufacturer and seller in the country. Tempted by the success of the plaintiff, the defendants adopted a device of two elephants embossed in cycle and rickshaw tyres in manner identical to that of the plaintiff. Use of two elephants by the defendant has caused confusion in th......Patent, Design and Trade Mark Cases at page 103. 8. Learned Counsels argued on all probable issues that may be raised in the trial of the suit. It is neither necessary nor desirable, to decide all questions raised. In an application under Order XXXIX rules 1 and 2 of the Code of Civil Procedure m...... 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
....ed property by operation of law. He submits that there are two bainapatras, one in the record of the Court of Settlement and the other in the Government file and that the recitals of both of them are identical. He further submits that from the photo copy of the bainapatra that is found in the record......al No.9762 (Annexure-B). Ali Mohammad Abbas was a practice Barrister at Law and used to live in Great Britain (UK). As he was not executing and registering the sale deed in respect of the property in question in favour of the petitioner, the petitioner as plaintiff filed Title Suit No.54 of 1986 on ......gicha, Dhaka in Case No.176 of 1987 (Ka-21-Gulshan Area, Dhaka) should not be declared to have been passed illegally and without any lawful authority and, as such, of no legal effect.
2. The short facts leading to the issuance of this Rule are that the landed property of House No.CWN(B)-30, (Hold..
Category: Property Law | Date: | Hits: 103
Progoti General Insurance Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....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. ......aring other parties allowed the appeal in part, maintained the disallowance of Jamuna Levy by the AACT and order of the Tribunal, is under challenge in this reference application. 3. The following questions have been formulated by the assessee petitioner for our opinion: (i). Whether on the fa......AACT and order of the Tribunal, is under challenge in this reference application. 3. The following questions have been formulated by the assessee petitioner for our opinion: (i). Whether on the facts and in the circumstances of the case Taxes Appellate Tribunal was justified in maintaining ord..Category: Fiscal/Taxation Law | Date: | Hits: 104
Sogra Begum Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....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. ...... Tribunal rather than filing the reference application before this Court under section 160 of the Ordinance. It is clear that against that order she had two remedies available to her, i.e. to call in question the legality and propriety of the order of the Tribunal under section 160 of the Ordinance.......ce for rectification of the order of the mistake as the mistake was apparent on the face of it. 5. Now the question that calls for determination in this application is that in view of the admitted facts and circumstances of the case can it be said that the petitioner was prevented by sufficient c..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. ......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. ......he self-same incident against the informant and others. He also submits that such vague application and vague police report cannot be the basis cancellation of bail of the petitioners in the admitted facts of enmity and pending of counter cases between the parties. In support of his submission the l..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. ......led an affidavit-in-opposition. In the affidavit-in-opposition the respondents case is that the petitioner obtained an approved plan on 31-7-89 for construction of 2 storied building over the plot in question, the area of the plot is more or less one katha. No construction was made according to the ...... construction was made according to the plan approved on the said date. Thereafter the petitioner submitted a revised plan on 16-4-98 for construction of 5 storied commercial building suppressing the facts noted in the file of the earlier plan approved by the RAJUK, and it is also the case of the re..Category: Property Law | Date: | Hits: 114
....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.......llowed the appeal of the department 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 ......t in the method of accounting employed and the accounts maintained by the applicant there was any legal scope for computing the income of the applicant by resorting to estimate?
(2) Whether on the facts and in the circumstances of the case the learned Taxes Appellate Tribunal was legally justifie..
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. ......udgment Md. Muzammel Hossain J.- Rules in Writ Petition No.1787 of 1998 and Writ Petition No.2259 of 1998 have been heard analogously and are being disposed of by this single judgment since common questions of law and facts are involved in both the Rules. 2. In Writ Petition No.1787 of 1998 Ru......el Hossain J.- Rules in Writ Petition No.1787 of 1998 and Writ Petition No.2259 of 1998 have been heard analogously and are being disposed of by this single judgment since common questions of law and facts are involved in both the Rules. 2. In Writ Petition No.1787 of 1998 Rule was issued at the ..Category: Election Law | Date: | Hits: 97
A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....n view of our decision, the order issued earlier directing the parties to maintain status quo in respect of construction is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 461. ......it, the petitioners also annexed copies of photographs of about 11 high rise buildings situated in and around the Tejgaon Old Airport. It was also asserted that the ‘Rangs Bhaban’ the building in question, is out of the funnel and far away from the approach road of the Old Airport. They also ass....... Most important is the fact, the respondents failed to show any order of any competent authority taken in due exercise of the discretion under the Act for demolition and removal. 70. On the above facts, the irresistible conclusion is that the order for removal of the construction first asked by ..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. ......€‘00/11‑00 AM. When he asked the police about the case of acid victim Hazera, they told him that they got information but nobody ledged the FIR. They failed to answer properly in their reply to the questions as to why they did not take initiative. Then, they went to the house of father of the vict......ie. He cited the case of State Vs. Manna Gazi, 6 BLC 187. He further submitted that acceptance of dying declaration without corroboration depends upon the Court whether it could be satisfied from the facts and circumstances to accept the dying declaration as true and free from all doubts. He referre..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. ......e defence that PW 1 Meser Ali voluntarily executed the deed of gift in favour of the accused Akkas Ali. Thus it appears the accused has not denied the execution and registration of the forged deed in question. 5. The Magistrate on consideration of evidence on record found the accused guilty and a......earned Advocate has placed reliance in the case of Bhau Vyankatesh Chakorkar, reported in AIR 1925 Bombay 433. The learned Assistant Attorney General sought to distinguish the instant case from the facts of the case under report. He argued that the Heba deed was not produced or given in evidence b..Category: Criminal Law | Date: | Hits: 129
Mrs. Aruna Sen Vs. Govt. of the PeoÂple's Republic of Bangladesh and others, 1974, 3 CLC (HCD)
....this case inÂvolves substantial question as to the interpretaÂtion of the Constitution. Abdur Rahman Chowdhury, J.- I agree. Ed. This Case is also Reported in: 27 DLR (1975) HCD 122. ......uld arrest a person whom 'reasonably suspected of having acted or acting or being about to act' in a particular manner. Chief Justice Goayer, who delivered the judgment of the Court, though posed the question whether the satisfaction of the detainÂing authority as referred to in the rule-making pow......n most cases and these affidavits showed that in certain cases, he passed merely a routine order in accordance with the recommendation of the police and in certain other cases applied his mind to the facts of the case before signing the order. According to the Judicial Committee, routine orders whic..Category: Constitutional Law | Date: | Hits: 291
Zafela Begum and others Vs. Atikulla and others, 2011, 40 CLC (AD)
....l is allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 46, 31 BLD(AD) (2011) 111, 8 LG (AD) (2011) 133, 16 MLR (AD) (2011) 216, VIII ADC (2011) 907. ...... 17. Suppose a deed is forged and the beneficiary of the deed destroyed it in order to avoid future complication and filed a certified copy which was admitted in evidence without objection. Now the question is whether the Court shall believe it as genuine after it has been detected as forged at th...... the Respondents. Civil Appeal No. 181 of 2004. (From the judgment and order dated 26.5.2003 passed by the High Court Division in First Appeal No. 100 of 1995) Judgment SK Sinha J. - The facts out of which this appeal arose are as under: In a suit for partition the plaintiffs who are..Category: Property Law | Date: | Hits: 127
.... 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.
......ding in the writ petition in the instant case being a civil proceeding this court has power under section 114(b) read with Order XLVII, rule 1 of the Code of Civil Procedure to review the judgment in question. The learned Advocate also refers to the case of Fehmida Khatoon Vs. Additional Deputy Comm......tition No. 3962 of 1998 whereby the respondents, the Ministry of Social Welfare and other government functionaries, were directed to give registration to the Samity of the writ petitioners.
2. The facts relevant for disposal of the present Rule is that the respondent No.1 filed Writ Petition No. ..
Category: Others | Date: | Hits: 119
Agrani Bank Vs. MA Kahhar, 2002, 31 CLC (HCD)
.... 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. Â ......n's financial debacle, he was willing to pay the principal amount of Taka 15,000 only, if interests were written off. 7. The learned Court below, in addition to the general issue pertaining to the question of maintainability of the suit, also framed two substantive issues orbiting round the quest......recoverability of the debt got animated by application of section 19 of the Limitation Act, (III) whether section 25(3) of the Contract Act salvaged the plaintiff/appellant's claim. 10. Undisputed facts as they transpire from the plaintiff/appellant's pleadings, evidence adduced by the said party..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. ......LC 451. 12. Learned Advocate then refers to column No. 6 of Exhibits 8, 9, 10 statements under section 164 Cr.P.C. of accused appellants Sahabuddin, Alam Kabiraj and Sharifuddin and shows that no question was put to each of above 3 accused‑appellants by the recording Magistrate (PW 16) that if......were not at all true and voluntary as required under rule. He argues that in above situation conviction of above 3 accused appellants cannot be based on Exhibits 8, 9 And 10. 17. Placing all above facts and circumstances learned Advocate submits that learned trial court had no reliable legal evid..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. ...... 2001 there was a clear instruction from this court upon respondent No. 5 (present petitioner) to mutate the name of the petitioner of Writ Petition No. 3518 of 2001 in the records of the property in question maintained by the office of that respondent within 60 days from the date of delivery of jud...... behalf of the petitioner of the review petition submitted that the petitioner was not properly guided and aided in the matter by his previous lawyer who could not fully understand and appreciate the facts and did not give proper advice as to the actions to be taken by the petitioner in order to com..Category: Others | Date: | Hits: 118
Bangladesh House Building Finance Corporation Vs. Md. Abdul Hoque, 2002, 31 CLC (HCD)
.... 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....... 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.......le 2 of the Code and the decree holder can certify such adjustment at any time as there is no limitation with regard to his certification. 5. We do not find anything to hold a contrary view in the facts and circumstances of the instant case under revision. We do not also find in the instant case ..Category: Property Law | Date: | Hits: 91
Hossain Khan (Md.) and others Vs. Government of Bangladesh & others, 2001, 30 CLC (HCD)
....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. ......equisitioned 0.42 acres of land in CS Plot No. 636 by the petitioners is absolutely false and unfounded. The terms (d) of the compromise in Writ Petition No. 42 of 1960 clearly shows that the land in question was ditch land and the requiring body was directed to fill up the land and raise structures...... order dated 23‑3‑2001 passed by Subordinate Judge, (Arbitration) Court, Dhaka in Arbitration Case No. 399 of 1985 in which the learned Subordinate Judge dismissed the Arbitration Case. 2. The facts out of which appeal No. 152 of 2001 arises are that, the appellants are the heirs late Alhaj M..Category: Property Law | Date: | Hits: 95
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