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Hamza Rubber Industries Vs. Golam Dastagir Gazi, 2001, 30 CLC (HCD)
.... Bhuiyan submits in reply that seeing the advertisement, the suit was filed and injunction was prayed for. Remedies under section 15 of the Act cannot be supposed either to be alternative nor are the provisions of section 73 of the Act made subject to the section. 14. Section 15 of the Act has em...... 6. Mr. Habibul Islam Bhuiyan, learned Senior Counsel for the appellant submits that the trial Court though found that the plaintiff has got a prima facie case for temporary injunction but erred in law in refusing the prayer for injunction on the wrong view of the matter, firstly, that if the plai..Category: Intellectual Property Law | Date: | Hits: 230
....nt proves that the citizenship of the original owner was cancelled or the Government forms opinion that his activities were prejudicial to the interest of Bangladesh does not hold good in view of the provision of section 2(1) of Presidents Order No.16 of 1972 which is as follows:
“Abandoned pro......First Court of Settlement, Bangladesh Abandoned Buildings, Segun Bagicha, 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 ..
Category: Property Law | Date: | Hits: 103
Progoti General Insurance Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....” 4. Mr. AFM Ferojuddin Bhuiyan, the Advocate appearing for the assessee petitioner, submits that the Jamuna Levy was imposed the interest income and dividend income of assessee by virtue of the provisions of section 3 of Ordinance No.53 of 1985 is none but a diversion income by overriding titl......ce No. XLIII of 1985 is in fact, a charge created on the income or created an obligation to be discharged by application of the income earned by the assessee. In that view of the matter it appears in law for our answer and in that view of the matter we reformulate the following question i.e. whether..Category: Fiscal/Taxation Law | Date: | Hits: 104
Sogra Begum Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....on the decision reported in 51 DLR (AD) 253 and the decision reported in 167 ITR 471, decision of the Indian Supreme Court. The learned Advocate also submitted that the instant case is covered by the provisions of section 14 of the Limitation Act inasmuch as the application filed under section 173 o...... and she was also not keeping good health seeing the murder of her husband and the aforesaid order was misplaced by her which was however re-traced by her subsequently and handed over the same to her lawyer on 26-3-2000. Thereafter, an application was filed before the Tribunal under section 173 of t..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. ......rmant opposite party No.2 Kabir Ahmed lodged a first information report with Satkania Police Station implicating 32 persons including the present petitioners alleging that on 7-7-99 they forming an unlawful assembly and being armed with deadly weapons, namely, cut-rifle, kirich, etc. attacked the ho..Category: Criminal Law | Date: | Hits: 43
Abul Kashen (Md.) Vs. Chairman, RAJUK and others, 2000, 29 CLC (HCD)
....Act and the rules thereunder and accordingly, notice was issued upon the petitioner on 17-11-98 and 15-12-98 and thereby asked the petitioner to show cause why the plan should not be cancelled as per provision of section 9 of the Building Construction Act. It has been stated by the respondents that ......use as to why the impugned notice Annexure-D dated 2-11-98 being Memo No. নঅঅ/রাজউক/৩সি-১৪৮৩/৮৯/৩২৬ should not be declared to have been made illegally, without lawful authority, arbitrarily and without any legal effect. 2. The petitioner is the owner of Plo..Category: Property Law | Date: | Hits: 114
....rs certificate about the correctness of the accounts were furnished it was open to the Deputy Commissioner of Taxes to compute the income of the applicant by resorting to estimate in disregard of the provision contained in section 13A(1) and 13A(3).”
2. Mr. MA Noor, the learned Advocate appeari......rcumstances of the case the computation of income of the applicant by the Deputy Commissioner of Taxes relying purely on surmise and conjectures and not on any material or evidence was sustainable in law and whether the learned Taxes Appellate Tribunal was legally justified in upholding such arbitra..
Category: Fiscal/Taxation Law | Date: | Hits: 101
Abdul Mannan and another Vs. Bangladesh, 1999, 28 CLC (HCD)
....o be elected from 3(three) Wards as a result there are 3 female candidates who would be elected from the newly created nine Wards. In issuing the Final Notification the respondents did not follow the provisions of section 21 of the Pourashava Ordinance, 1977. According to section 21(1) of Pourashava....... 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 Rule was issued..Category: Election Law | Date: | Hits: 97
A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....as ex-facie bad in law. 10. The respondent 3 by his letter dated 21-09-99 informed the petitioners that the appellate authority decided to keep the height of the building at sixty feet only as per provisions of the ICAO (International Civil Aviation Organization), the Civil Aviation Rules, 1984 a...... by demolition beyond 6th floor within ten days and failing which, in warming to demolish the ‘Rangs Bhaban’ at the costs of the petitioners should not be declared to have been passed without any lawful authority and as such of no legal effect. 2. In the writ petition, it is stated, inter ali..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. ......alikaccha, PS Sarail. When he wanted to know the motive and the names of assailants in presence of witnesses the victim told that on the date of occurrence at about 11‑00 AM first her mother‑in‑law poured acid on her body while she was asleep and then set fire with a match stick. Her husband w..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. ......forged deed. PW 2 Sufia Khatun also deposed to state about forgery and how it came to light. PW 3 the husband of PW 2 produced the Heba deed (Ext. 1) dated 17-9‑1974 executed by his father‑in‑law Meser Ali in favour of his wife and wife's sisters and Kabala Ext. 10 dated 20‑2‑1970 execut..Category: Criminal Law | Date: | Hits: 129
Mrs. Aruna Sen Vs. Govt. of the People's Republic of Bangladesh and others, 1974, 3 CLC (HCD)
.... 8. In the present case the authority concerned having claimed to detain the detenu under section 3 of the Special Powers Act, it is to be show that the action is justified according to the said provision which is to the following effect: "3. (1) The Government may, if satisfied with res......er making all enquiries from the local police and also from the authority of the Dacca Central Jail issued a statement in the Newspapers on the first April, 1974. On the 2nd April, the petitioner's lawyers served a notice upon the respondents 1, 2 and 3 asking for information as to the charges aga..Category: Constitutional Law | Date: | Hits: 291
Zafela Begum and others Vs. Atikulla and others, 2011, 40 CLC (AD)
....d .55 acre of land out of his share and accordingly, it is section 44, not section 47 as contended by Mr. Mahmudul Islam, which is applicable if the claim of gift by Hiba is found genuine. Under this provision, if one of the several co-owners transfers his share, the transferee stands in the shoes o...... sale was not set aside rather confirmed. This statement is not in our view is sufficient to meet the positive claim of the plaintiffs on the point of setting aside the auction sale. According to the law of pleadings, the defendant is bound to deal specifically each allegations of fact, the truth of..Category: Property Law | Date: | Hits: 127
....ding in a Court of civil jurisdiction is government by the Code of Civil Procedure (see its preamble). By virtue of section 117 of the Code, a civil proceeding in a High Court is also governed by the provisions of the Code other than the provisions which are specially excepted. A proceeding under Ar......by the respondent No. 1 in its affidavit-in-opposition that since the samity formed earlier in point of time dose not have the adequate number of members it is not entitled to be registered under the law; secondly; since the relief sought for in the writ petition could only be granted by the Ministr..
Category: Others | Date: | Hits: 119
Agrani Bank Vs. MA Kahhar, 2002, 31 CLC (HCD)
....ns, the, points that emerged before us, requiring our resolution, were (I) whether the plaintiff/ appellant’s claim against the defendant/respondent had become barred by application of the relevant provisions of the Limitation Act, (II) whether the recoverability of the debt got animated by applic......ssion, making a tirade effort to sway us to accept that in any event the said section of the Contract Act has the effect of reviving the right to recover a debt which right had been mortalised by the law of limitation. Mr. Hasnat further submitted that the law of limitation is not meant to facilitat..Category: Banking Law | Date: | Hits: 215
Advocate Zulhas Uddin Ahmed and others Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....চা ব্যতিরেকে এ্যাব্লিউট করা হইলো। সমাপ্ত। This Case is also Reported in: 15 MLR (HCD) 2010, 433; 15 BLC (HCD) (2010) 351. ......further order or order as to this Court may seem fit and proper. The Rule Nisi is made returnable within 2 (two) weeks from date. The matter is fixed for hearing on 9.3.2009 Spirit of the law Requisites to be put in at once.” ৪. ৪ নং প্রতিবাদী পক..Category: Health Law | Date: | Hits: 391
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. ......2. Mr. Mahbubur Rahman, the learned Advocate appearing on 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 ..Category: Others | Date: | Hits: 118
Bangladesh House Building Finance Corporation Vs. Md. Abdul Hoque, 2002, 31 CLC (HCD)
....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, according to him, offended the provisions of section 48 of the Code of Civil Procedure and article 183 of schedule 1 of the Limitat......g to him, offended the provisions of section 48 of the Code of Civil Procedure and article 183 of schedule 1 of the Limitation Act without, however, any elucidation by him how those two provisions of law would be offended, if the compromise was recorded by him. 3. Being aggrieved by the impugned ..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. ......inflated. The claimant is not entitled to get the excess. The further case of the Government is that the assessment made by the Collector was just, proper and was in consonance with the principles of law laid down for such assessment. The crop compensation demanded was severe and recurring compens..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.......ng for the opposite party State. According to the Counsel of the petitioner, the Sessions Judge cannot, direct the Magistrate for taking cognizance, at best he can direct for trial in accordance with law. In support of his submission, the learned Counsel Sheikh A Awal cites a decision in the case of..Category: Criminal Law | Date: | Hits: 43
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