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....ore the Supreme Court of Pakistan was also without any success. The owners then formed a Co-Operative Society and filed a title suit being T.S. No.441 of 1966 for permanent injunction to restrain the Government from interfering with their excess land and allotting the same to any other person. Their...... Respondent Nos. 2 & 3.
Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record - For the respondent No. 28.
Civil Appeal No.118 of 1982.
(From the Judgment and order of the High Court Division of Jessore dated 4th September, 1982 passed in Civil Rule No.32 (..
Category: Procedural Law | Date: | Hits: 68
Bangladesh Vs. M/s. Mashrique Textiles and others, 1982, 11 CLC (AD)
.... arbitration agreement under section 20 of the Arbitration Act. There was a contract, No. S/7/509/70-71 dated 9.2.71, between plaintiff-respondent No.1 and defendant No.2, namely, Director of Supply, Government of Pakistan, hereinafter referred to as “the buyer” for the supply of 57,50,000 B. Tw......parties. In the facts and circumstances of the case, I hold that provisions of section 20 of the Arbitration Act can be invoked in the instant case.” In decreeing the suit on contest the precise orders passed by the learned Subordinate Judge are as follows: “1. The arbitration agreement be..Category: Alternative Dispute Resolution | Date: | Hits: 147
Zebunnessa Vs. Commissioner of Income Tax North (Zone), Dacca, 1982, 11 CLC (AD)
.... assessee-appellant but that view is based on no evidence. There is no material to hold that the agreement between the Sonali Estate Agents and the assessee-appellant was collusive one to deprive the Government of the revenue. 15. In the circumstances, we find that the bona fide annual value dete......mination of bonafide annual value at Tk.1,80,000/- is illegal and not based on any legal evidence. 4. The Inspecting Joint Commissioner of Taxes, however, rejected the objection, against the said order the assessee took an appeal before the Income Tax Appellate Tribunal but without any success. ..Category: Fiscal/Taxation Law | Date: | Hits: 88
Abdul Haque Miah and another Vs. Abdul Rashid & another, 1982, 11 CLC (AD)
.... Division confirming the order of the lower appellate court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 54. ......structed by Kazi Ebadul Hoq, Advocate-on-Record - For the Appellants. Sharifuddin Chakladar, Advocate-on-Record - For the Respondent No.1. Civil Appeal No. 82 of 1981. (From the judgment and order dated 4th May, 1982 passed by the High Court Division in Civil Order No. 689 of 1981) Judgm..Category: Property Law | Date: | Hits: 72
Abdur Rahman and others Vs. Sultan ® Sultan & others, 1982, 11 CLC (AD)
....ddin Ahmed J Chowdhury ATM Masud J Abdur Rahman and others….......Appellants Vs. Sultan ® Sultan & others..........Respondents Judgment May 5, 1982. Case Referred To- Local Government Code Vs. Arlidge, 1915 AC 120 (at 138). Lawyers Involved: Khondkar Mahbubuddin Ahme......y Zinnur Ahmed, Advocate-on-Record - For the Appellants. Ex-parte - Respondent Nos.5 & 6. Civil Appeal No.85 of 1981 Arising out of C.P.S.L.A. No.188 of 1981. On appeal from the judgment and order dated, 3-3-1981 passed by the High Court Division in Civil Revision No.1122 of 1977. Judgme..Category: Procedural Law | Date: | Hits: 72
Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
....refore, I, Lieutenant General Hussain Muhammad Ershad, with the help and mercy of Almighty Allah and blessings of our great patriotic people, do hereby take over and assume all and full powers of the Government of the People’s Republic of Bangladesh with immediate effect from Wednesday, 24th March...... collapse, the civil administration has become unable to effectively function, wanton corruption at all levels has become permissible part of life causing unbearable sufferings to the people, law and order situation has deteriorated to an alarming state seriously threatening peace, tranquillity, sta..Category: Constitutional Law | Date: | Hits: 181
Md. Anowarul Mustakin and another Vs. State, 2011, 40 CLC (HCD)
....scharged from their respective bail bonds. Send down the lower Court records with a copy of this judgment immediately. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......sis of the said ejahar Boalia Police Station Case No.13 dated 13.11.98 was started. 4. After investigation the Investigating Officer submitted charge sheet against the convict appellants. 5. In order to substantiate the allegation against the appellants the prosecution in all examined as many ..Category: Criminal Law | Date: | Hits: 68
Ganesh Oil Mills Vs. Commissioner of Income Tax, 1978, 7 CLC (AD)
....question correctly. The answer must therefore be in the negative. The appeal is accordingly allowed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 56. ......) of the said Act. The assessee on the same date stated that he had “no objection to the proposed rectification under section 30(1)”. 3. The Sales Tax Officer accordingly passed a rectified order on 12-9-62 pointing out that sale of Til oil and Linseed oil amounting to Rs. 1,36,107 adopt..Category: Fiscal/Taxation Law | Date: | Hits: 77
Md. Wasiq Khan Vs. Md. Sabiq Khan and others, 1978, 7 CLC (AD)
.... with costs. The decisions of the courts below are set aside. The Miscellaneous case before the court below shall proceed as usual. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ......der Chowdhury J.- This appeal by special leave arises out of a judgment passed by the High Court Division in Civil Revision No. 1177 of 1976 discharging the Rule and upholding the judgment and order of the Subordinate Judge rejecting the prayer of the appellant for hearing of the Miscellaneo..Category: Procedural Law | Date: | Hits: 80
....(1979) 29.
......ney-General, instructed by A. Backkar, Advocate-on-record - For the Appellant.
M. Behter Ali, Advocate-on-Record - For the Respondent.
Criminal Appeal No. 13 of 1977.
(From the Judgment and order dated 13-9-1977 by the High Court of Bangladesh in Criminal Appeal No. 285 of 1970).
Judgme..
Category: Criminal Law | Date: | Hits: 74
Chittagong Container Transportation Company Vs. Bangladesh and others, 2009, 38 CLC (AD)
....arged rent at half rate to avoid ambiguity and provision of notes have also been maintained in the schedule of charges in other Tariff Items; That the Chittagong Port Authority with prior approval of Government has framed Regulations for working of Chittagong Port (Cargo and Container), 2001 under......er. Mahmuda Begum Advocate-on-Record—For the Respondent Nos.2 and 3. Not Represented—Respondent Nos.1 and 4. Civil Petition for Leave to Appeal No.1173 of 2008. (From the judgment and order dated the 23rd day of September, 2007 passed by the High Court Division in Writ Petition No.17..Category: Property Law | Date: | Hits: 126
Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)
....l is dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ......rendra Nath Nandi, Senior Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record—For the Appellants. Ex-Parte—the Respondents. Civil Appeal No. 218 of 2003. (From the Judgment and order dated 13-11-2001 passed by the High Court Division in Civil Revision No. 667 of 1993). Judg..Category: Tenancy Law | Date: | Hits: 210
Homeland Life Insurance Co. Ltd. Vs. Jahanara Begum and others, 2000, 29 CLC (HCD)
....cy is the sufficient answer to the submission made by Mr. Ahmed Ali. 7. Mr. Ahmed Ali tried to submit that there being no Claims Settlement Board constituted under section 47C(2) of the Act by the Government, the decision of the learned Subordinate Judge treating the order of the respondent No.3 ......espondents. First Appeal No. 117 of 1999. Judgment Md. Abdur Rashid J.- This appeal was presented by the appellant, an insurance company incorporated under the Companies Act, 1994 against an order dated 17-2-1999 of the subordinate, 5th Court at Dhaka rejecting its plaint in Title Suit No.3..Category: Business or Commercial Law | Date: | Hits: 190
Kamaluddin Ahmed Vs. Director of Trade Organisations and others, 2000, 29 CLC (HCD)
....ied with while adopting such resolution or taking such decision, or that such resolution or decision is contrary to any rules, regulations, directions or instructions issued by the Director or by the Government to such Trade Organisations. 27. The Trade Organisations Ordinance is a special legisl......ted as the President pursuant to the Articles of Association on 31-12-1998. His term as the President will continue till the Annual General Meeting following the above election is held pursuant to an order of the High Court Division in Company Matter No.100 of 1998. 4. On an application filed by ..Category: Others | Date: | Hits: 123
Giasuddin Ahmed Chowdhury Vs. Dhaka University and others, 2000, 29 CLC (HCD)
....ies could be seen all around the TSC, more police were mobilised and armed persons in civilian clothes entered the polling centre. When the result declared it was found that all the candidates of the Government-backed ‘Ganatantrik Oikya Panel’ were elected. 7. The impugned notification declar......he Vice Chancellor. (c) It is true that Article 52 of the Dhaka University Order is a bar against the writ petition because it provides for appeal but an appeal under the section is against ‘the order of any officer or authority of the University’ to the Vice Chancellor. But this election pet..Category: Election Law | Date: | Hits: 105
Janata Insurance Co. Vs. Islam Steel Mills, 2000, 29 CLC (HCD)
....in MS No.44 of 1994, MS No.45 of 1994 and MS No.46 of 1994 are hereby confirmed. Let the records be sent down without any further delay. Ed. This Case is also Reported in: 52 DLR (2000) 642. ......from the Bank not from the plaintiff and the policy was issued in favour of the Bank. The Bank was clearly described as the insured in the policy. The plaintiff cannot be held to be as the insured in order to be entitled to sue the insurance company. The suit at the instance of the plaintiff against..Category: Business or Commercial Law | Date: | Hits: 211
Panna Khan and Others Vs. Birendranath Halder, 2000, 29 CLC (HCD)
.... aside the decree of the appellate Court. The suit is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 640. ...... of the learned Subordinate Judge is liable to be set aside. Accordingly, I set aside the decree of the appellate Court. The suit is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 640. ..Category: Property Law | Date: | Hits: 55
Bangladesh Inland Water Transport Corporation Vs. M/S Broadway Shipping Limited, 2010, 39 CLC (HCD)
....actual realization of decreetal amount along with the cost of the suit. The office is directed to assess the cost of the suit and the amount of interest. Ed. This Case is also Reported in: ......as such the plaintiff is entitled to the decree as to realize an amount of Tk. 66,500.00 from the defendant as an compensation for repairing cost. The Court fee paid is sufficient. Hence it is ordered, That the suit be and hereby decreed for an amount of Tk. 66,500.00 in favour of the pla..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
Fazlur Rahman & Co. Vs. M.V. CHOSUN HOPE and others, 2010, 39 CLC (HCD)
....ff’s consignment will be carried, shall reach the Chittagong Port on 11.6.1997. But the ship failed to reach by the said stipulated date and arrived at the discharged port on 7.7.1997 and since the Government through the Finance Bill 1997 imposed the development surcharge @ 2.5% on the importation......he prospective decree by the defendant amicably, than to sell the vessel MV CHOSUN HOPE and to apply its proceeds towards decreetal dues of the plaintiff. 3. On 20.7.1997 the plaintiff obtained an order for amendment of the plaint, whereupon the plaintiff inserted further statement of fact that t..Category: Admiralty Law or Maritime Law | Date: | Hits: 178
Tamima Akhter (Mitu) Vs. Deputy Commissioner, Joypurhat and others, 2011, 40 CLC (HCD)
.... and obtained the instant rule. 3. Mr. Zakir Hossain, the learned advocate appearing for the petitioner on drawing our attention to the birth certificate as issued by the Chairman on behalf of the Government dated 23.1.08 submits that in the birth certificate, the date of birth is shown as dated ...... the Hon’ble High Court Division in Criminal Misc. Case No. 18056 of 2010. Thereafter the said Mustafizar Rahman along with his parents and the victim surrendered before the court below, but by the order dated 8.6.2010 the learned Magistrate took custody to accused Mustafizar Rahman along with the..Category: Criminal Law | Date: | Hits: 57
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