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Abul Kalam Engineer and another Vs. M Nasiruddin Howlader and others, 2002, 31 CLC (HCD)
....rged. Order of stay is recalled and vacated. Learned Joint District Judge is directed to take steps for disposal of the Suit. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 515.......rged. Order of stay is recalled and vacated. Learned Joint District Judge is directed to take steps for disposal of the Suit. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 515.......ul Islam, learned Counsel, defended the order. 4. The issue facing is whether the learned Joint District Judge is justified in granting temporary injunction in law as well as on facts 5. In our jurisdiction, it appears the question of injunction against construction in urban areas for the firs..Category: Property Law | Date: | Hits: 33
Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)
....ed no explanation for such a late knowledge of the transfer of a piece of land, which is contiguous to the land held by him and situated next to his baithak khana and the vendor of the land was not a total stranger to him. Nor did he explain the source of his knowledge of the transfer. So his claim ......reby set aside. The Miscellaneous Case No. 4 of 1997 of the Assistant Court, Hatia, Noakhali is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507.......aken. (2) Subject as aforesaid, the appellate Court shall have the same powers and shall perform as nearly as may be the same duties as are conferred and imposed by this Code on Courts of original jurisdiction in respect of suits instituted therein. The section has conferred upon the appellate..Category: Property Law | Date: | Hits: 37
Siddique Abedin Vs. Md. Musa Alam and State, 2000, 29 CLC (HCD)
....d Magistrate is directed to proceed with the case in accordance with law and shall hear the matter relating to taking of cognizance afresh. Ed. This Case is also Reported in: 54 DLR (2002) 506. ......d Magistrate is directed to proceed with the case in accordance with law and shall hear the matter relating to taking of cognizance afresh. Ed. This Case is also Reported in: 54 DLR (2002) 506. ......d Magistrate is directed to proceed with the case in accordance with law and shall hear the matter relating to taking of cognizance afresh. Ed. This Case is also Reported in: 54 DLR (2002) 506. ..Category: Criminal Law | Date: | Hits: 28
....l of the suit.
17. In Alokeshi Banik Vs. Aftabuddin 13 DLR 871, regarding amendment of a plaint a single Bench of the then East Pakistan High Court was of the view.
"This sort of amendment will totally change the character of the plaint, though not character of the suit, and such amendment wil...... the amendments sought for was barred by limitation. The new relief sought for declaring the joint declaration dated 1‑8‑91 void on ground of fraud could not be allowed by way of amendment in the absence of any pleading in the plaint. In a suit for a decree of declaration as sought for in the pl......ation on the basis of some authorities.
11. We have perused the plaint along with the application for amendment and the affidavits of the parties. The question before us is whether the exercise of jurisdiction by the learned Subordinate Judge in rejecting the prayer for amendment is well founded,..
Category: Procedural Law | Date: | Hits: 60
Kalu Sheikh alias Sheikh and Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)
.... of the charge brought against them and they are hereby discharged from their respective bail bond. Send down the lower court immediately. Ed. This Case is also Reported in: 54 DLR (2002) 502....... 6 it is proved that the victim Shaymol Kanti Saha died due to injuries caused by the accused persons on the date of occurrence is thus based on the sole basis of the evidence of the Doctor (PW 6) in absence of direct or indirect substantive evidence of other PWs as to inflicting of injuries by the ...... of the charge brought against them and they are hereby discharged from their respective bail bond. Send down the lower court immediately. Ed. This Case is also Reported in: 54 DLR (2002) 502...Category: Criminal Law | Date: | Hits: 30
Aumullaya Chandra Haldar Vs. Md. Mohsin Ali Mandal & others, 2002, 31 CLC (HCD)
...., as such, it should be maintained. In the result the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 54 DLR (2002) 500. ......, as such, it should be maintained. In the result the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 54 DLR (2002) 500. ......ned appellate Court had made the reported case applicable properly and the concurrent findings of fact arrived at by the Courts below in this respect do not call for interference under the revisional jurisdiction. 12. For the reasons stated above I do not find any legal infirmity on the impugned..Category: Procedural Law | Date: | Hits: 75
Syed Ahmed Chowdhury Vs. Abdur Rashid Mridha, 2002, 31 CLC (HCD)
.... interference. In view of the discussion made above we find that this Rule merits no consideration. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 54 DLR (2002) 498. ......on of summons resulting in the decree of Title Suit No. 472 of 1981 and that it is not understood, whether the process servers served any summons and, if so, upon whom. He further submits that in the absence of any other materials before the learned Judge disclosing commission of any offence by the ...... interference. In view of the discussion made above we find that this Rule merits no consideration. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 54 DLR (2002) 498. ..Category: Criminal Law | Date: | Hits: 29
Auto Equipment Ltd. Vs. Commissioner of Taxes, 2001, 30 CLC (HCD)
.... and adopted GP rate at 23%. 9 Therefore the question is answered in the negative and in favour of the assessee. No order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 496.......ced in the case of Commissioner of income Tax Vs. Messrs. Ata Hossain Khan Ltd. reported in 1977 BTD 163, where the principle has been laid down in the following terms: “Mere low profits and the absence of a stock register cannot be regarded to be good reasons for holding that the taxable incom......y on the ground of low profits and absence of a stock register that the income of the assessee cannot be properly deduced from the said account and in that circumstances the Income Tax Officer has no jurisdiction to take recourse to the proviso to section 13 of the Income Tax Act for computation of ..Category: Fiscal/Taxation Law | Date: | Hits: 69
.... the Rule. Accordingly, the Rule is discharged and the order of stay granted at the time of issuance of the Rule is hereby vacated. No costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 494....... the Rule. Accordingly, the Rule is discharged and the order of stay granted at the time of issuance of the Rule is hereby vacated. No costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 494....... the Rule. Accordingly, the Rule is discharged and the order of stay granted at the time of issuance of the Rule is hereby vacated. No costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 494...
Category: Civil Law | Date: | Hits: 76
Saidur Rahman Vs. State, 2001, 30 CLC (HCD)
....26 of 1957) is thus set aside and the appellant be released from the bail bond. Send down the lower Court Record to the court concerned. Ed. This Case is also Reported in: 54 DLR (2002) 489. ......26 of 1957) is thus set aside and the appellant be released from the bail bond. Send down the lower Court Record to the court concerned. Ed. This Case is also Reported in: 54 DLR (2002) 489. ......et has submitted that the notice under section 4(1) of Act 26 of 1957 having been served upon the appellant without any prior objective satisfaction of the Government, the same is illegal and without jurisdiction and for noncompliance of the direction, as given by the said notice, no offence has bee..Category: Criminal Law | Date: | Hits: 83
MA Kabir Chowdhury and others Vs. M Mahbubur Rahman Miah & others, 2002, 31 CLC (HCD)
....he executing Court is directed to proceed with the proceeding of Other Execution Case No. 3 of 1997 in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 485. ......r of stay of the execution proceeding while disposing of the revision application till disposal of an application for temporary injunction pending in a separate proceeding before another Court in the absence of the decree holder. This Division is therefore entitled to invoke inherent power to undo t......ordance with law. Without taking any such step, the application made under section 151 of the Code is not maintainable. After final disposal of the revision application, this Division has also got no jurisdiction to open the matter again by invoking inherent jurisdiction. On merit, he submits the di..Category: Civil Law | Date: | Hits: 125
Government of the People's Republic of Bangladesh Vs. Md. Anowar Hossain, 2010, 39 CLC (AD)
....writ petition pointed out that it is clearly mentioned at the top of said Annexure-A the word 'সনদপত্র’, and in the said Annexure-A the date of appointment, the date of dismissal, the total period of service, the educational qualification and the last place of service of the writ-pet...... aside and the dismissal of the writ petitioner from service is declared to have been passed by a competent authority in accordance with law. This Case is also Reported in: 15 MLR (AD) (2010) 515. ...... Teknaf, Cox's Bazar, and that the petitioner being a Havilder the order of dismissal passed by the Battalion Commander, who being an officer in the rank of Lieutenant Colonel, is illegal and without jurisdiction. As per Section-8 of the Bangladesh Rifles (Special Provisions) Ordinance, 1976 and the..Category: Employment/Service Law | Date: | Hits: 80
Mohar Ali Bhuiyan Vs. Michir Ali Bhuiyan and others, 2010, 39 CLC (AD)
....am Ali Bhuiyan, a family amicable partition was held amongst his 2 sons and 4 daughters, wherein plaintiff got 30.50 decimals of land from plot No.325 and also he got saham in other plots and that in total he got saham of .78 acres of land. On the other hand defendant No.1 also got 30.50 decimals in......se of misreading or non-consideration of evidence was made out. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 500.......se of misreading or non-consideration of evidence was made out. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 500...Category: Property Law | Date: | Hits: 20
Nasiruddin Khan Vs. Forhad Hossain Bhuiyan, 2009, 38 CLC (AD)
....e dismissed. 4. Mr. Asad Hossain Chowdhury, learned Advocate, appearing for the petitioner submitted that the impugned judgment and order of the High Court Division are bad in law and fact for its total non-consideration and misreading of evidence and misinterpretation of law points in a suit f......the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 707.......the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 707...Category: Property Law | Date: | Hits: 42
Commissioner of Tax Vs. Chowdhury Apparels (Pvt.) Ltd., 2001, 30 CLC (HCD)
....passed in ITA No. 2860 of 1998-99 by the Taxes Appellate Tribunal has been preferred by the department. 2. The assessee, being a company registered under the Companies Act, 1913, was assessed on a total income of Taka 1,80,20,264 by adding Taka 1,57,58,802 on account of unexplained investment in ......question No.1 has been answered in the affirmative, we find it redundant to answer question No.2 which is more or less similar question No.1. Ed. This Case is also Reported in: 54 DLR (2002) 483.......at the time of hearing of this reference application. Whether the over draft allowed against the LC was in accordance with law or not is a matter for the concerned bank and this is within supervisory jurisdiction of the Bangladesh Bank as submitted by the learned Advocate appearing for the assessee...Category: Fiscal/Taxation Law | Date: | Hits: 86
Shafiqul Huq (Md.) Vs. Mina Begum, 2002, 31 CLC (HCD)
....Vs. Abdul Bari Bepari, 21 DLR (Dhaka) 183, Arifa Begum Vs. Khalique Mohammad Naqvi, 21 DLR (WP) 209 and Golam Akhtar Chowdhury Vs. Administrator of Waqf and others, 36 DLR 56. 5. The submission is totally misconceived. It must be understood first that Family Courts are established under a special......ted. The learned Assistant Additional Judge is directed to proceed expeditiously with the family suit in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 481.......iew that further proceedings of the family suit could not be stayed under section 151 of the Code since the nature and character of the proceedings are different and that the Subordinate Judge had no jurisdiction to grant an order of stay as prayed for. 4. Mr. Shofiqul Islam for the petitioner su..Category: Family Law | Date: | Hits: 185
Sherajul Huq Mullick Vs. Bangladesh, 1988, 17 CLC (HCD)
....in free and fair manner for the election of Chairman of Chitalmari Union Parishad at Choddya Hazari Prathamik Biddyalaya Polling Centre only. Ed. This Case is also Reported in: 41 DLR (1989) 100.......in free and fair manner for the election of Chairman of Chitalmari Union Parishad at Choddya Hazari Prathamik Biddyalaya Polling Centre only. Ed. This Case is also Reported in: 41 DLR (1989) 100.......in free and fair manner for the election of Chairman of Chitalmari Union Parishad at Choddya Hazari Prathamik Biddyalaya Polling Centre only. Ed. This Case is also Reported in: 41 DLR (1989) 100...Category: Election Law | Date: | Hits: 81
Md. Shahabuddin Vs. Janata Bank, 1988, 17 CLC (HCD)
....he result, the Rules issued in Civil Revision No. 71 of 1987 and Civil Revision No. 73 of 1987 are discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 94.......he result, the Rules issued in Civil Revision No. 71 of 1987 and Civil Revision No. 73 of 1987 are discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 94.......mer being a member of the Executive Body and the latter being a Vice-President. The suits were for declaration that the order dated 17.9.81 of termination of their services were mala fide, without jurisdiction illegal and void as well as for permanent injunction directing the defendants to al..Category: Employment/Service Law | Date: | Hits: 76
Nur Ahmed Vs. Moktar Ahmed & others, 1988, 17 CLC (HCD)
.... pay a sum of Tk. 250/- to the pre-emptor-opposite party by way of costs. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 84....... pay a sum of Tk. 250/- to the pre-emptor-opposite party by way of costs. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 84....... pay a sum of Tk. 250/- to the pre-emptor-opposite party by way of costs. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 84...Category: Property Law | Date: | Hits: 29
Angur Vs. State, 1988, 17 CLC (HCD)
....rial of the appellant is illegal and without Jurisdiction. He also submits that the prosecution at the trial failed to prove the alleged earlier statement u/s 164 Cr.P.C. and that the prosecution totally failed to prove that the appellant forfeited that pardon on the grounds given in sub-section......e anything for which the pardon already tendered to him can be forfeited. He should be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (1989) 66.......e anything for which the pardon already tendered to him can be forfeited. He should be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (1989) 66...Category: Criminal Law | Date: | Hits: 42
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