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Eskayef Bangladesh Ltd. Vs. Commissioner of Taxes, 2004, 33 CLC (HCD)

....and against the Department but other costs mentioned in the said question are answered in the affirmative. No order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 308. ......hat section 35 of the Ordinance, 1984 has made it mandatory upon the DCT to accept the audited accounts if the same is found to have been maintained in a particular method is concerned, we are of the view that merely because a particular method of accounting was not followed and was audited by a cha..

Category: Fiscal/Taxation Law | Date: | Hits: 64

Monwar Mallik Vs. State, 2007, 36 CLC (HCD)

.... be set at liberty forthwith if not wanted in any other case. Send down the LCR at once along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 301. ......rther stated that the learned trial Court failed to appreciate the defence case and failed to follow the provision of section 367 of the Code of Criminal Procedure in writing the judgment and that in view of the facts and circumstances of the case, evidence and materials on record and the provision ..

Category: Criminal Law | Date: | Hits: 38

Bangladesh Small and Cottage Industries Corporation Vs. Kazi Nazimuddin and others, 2009, 38 CLC (AD)

....ubstance in the submission of the learned Counsel for the appellant. Accordingly, the appeals are dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 210, 16 MLR (AD) (2011) 447.......onths thereafter. These writ petitions are pending for disposal for more than six years. The citizens who lost their lands have been deprived of the compensation money for about ten years. In that view of the matter, we find no substance in the submission of the learned Counsel for the appellant...

Category: Property Law | Date: | Hits: 37

Aminul Haque Shamim (Md) Vs. Government of the People's Republic of Bangladesh, 2003, 32 CLC (HCD)

....airs of the Republic. In view of the discussion made above the application appears to have no substance and hence is rejected summarily. Ed. This Case is also Reported in: 55 DLR (2003) 90. ...... aforesaid daily newspaper showing him standing with the aforesaid Liakot and some other persons and that the petitioner is a respectable citizen of the country and a businessman of reputation and in view of the publication of the aforesaid malicious news the right to reputation of the petitioner ha..

Category: Constitutional Law | Date: | Hits: 213

Titas Gas Transmission and Distribution Co. Ltd. Vs. Shams Company and others, 2001, 30 CLC (HCD)

....unity of hearing to both parties and as soon as within six months, from the date of receipt of the records. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 128....... the suit to the arbitration. They also agreed to appoint Mr. M A Karim, a Senior Advocate and the President of the, High Court Bar Association at Comilla. On hearing the application and being of the view that no substantive relief was sought for against any other defendants, the learned Subordinate..

Category: Property Law | Date: | Hits: 31

Eastern Hardware Store Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)

....hat the applicant purchased Defence Saving Certificate of Taka 20,000 and paid Life Insurance Premium of Taka 5,000 and these expenditures are deductible expenses but the Appellate Tribunal taking an erroneous view of law that as the same issue was not agitated before the Appellate Additional Commis......plicant purchased Defence Saving Certificate of Taka 20,000 and paid Life Insurance Premium of Taka 5,000 and these expenditures are deductible expenses but the Appellate Tribunal taking an erroneous view of law that as the same issue was not agitated before the Appellate Additional Commissioner of ..

Category: Fiscal/Taxation Law | Date: | Hits: 65

Md. Jamal Uddin Vs. Dr. ABM Morshed Alam, 2010, 39 CLC (AD)

....r books is dispensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 1016. ......ce was issued on 04.03.2004 but the case under Section 138 of the Negotiable Instruments Act, 1881 was filed on 11.05.2004 and as such, the impugned proceeding hopelessly barred by limitation. In view of the above, the submissions of the learned Advocate for the petitioner deserve consideration...

Category: Criminal Law | Date: | Hits: 39

Abu Taher and others Vs. State, 2009, 38 CLC (AD)

....ned Counsel for the petitioners deserve consideration. Accordingly, leave is granted. The preparation of paper books is dispensed with as prayed for. Ed. This Case is also Reported in: ......tial evidence without considering the above facts and as such, the charge under Section 302/149 of the Penal Code and sentence thereunder it not sustainable in law and liable to be set aside. In view of the above, the submissions of the learned Counsel for the petitioners deserve consideration...

Category: Criminal Law | Date: | Hits: 31

Mrs. Rokeya Begum Vs. Chartered Credit and Co-operative Limited, 2010, 39 CLC (AD)

....dated 02.06.2009 passed by the High Court Division in Criminal Miscellaneous Case No.1709 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 1011. ....... 4. Mr. Rokanuddin Mahmud, learned Counsel, appearing for the petitioner submitted that the petitioner-respondent obtained loan as per the by-laws and she has paid some amount accordingly and in view of the fact Section 141 of the Negotiable Instruments Act having provided that no Court shall t..

Category: Criminal Law | Date: | Hits: 45

Md. Abul Kasem Vs. Government of Bangladesh, 2010, 39 CLC (AD)

....ord arrived at a correct decision. We, therefore, find no merit in the contention of the learned Advocate-on-Record. The petition is accordingly dismissed. Ed. This Case is also Reported in: ......ettlement of the suit land from the ex-landlord by executing registered Kabuliyats Nos. 4009 and 4010 dated 7th August, 1946 and since then he has been possessing the suit land peacefully and in that view of the matter, the learned Judge of the High Court Division erred in law in disbelieving the pe..

Category: Property Law | Date: | Hits: 27

Md. Abdul Khaleque and another Vs. Manik Chandra Sheel and others, 2010, 39 CLC (AD)

....of 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 Reported in: 16 MLR (AD) 2011, 16. ......d. It also appears that all the D.W.’s are involved in the Managing Committee of the School established in the name of defendant No.1. So, no reliance can be put on the evidence of D.W.’s. In view of the above, we find no substance in the submissions of the learned Counsel for the petitioner..

Category: Property Law | Date: | Hits: 29

M/S. Sagar Swamvar Vs. Bangladesh, 2010, 39 CLC (AD)

....e disturbed. In view of the above, we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 957. ......l No.195 of 2004. (From the judgment and order dated 24.4.2000 passed by the High Court Division in Writ Petition No.2023 of 1995.) Judgment SK Sinha J.- By leave the appellant sought for review of the judgment and order dated 24th March, 2002 of this Division in Civil Petition No.624 of 2..

Category: Property Law | Date: | Hits: 34

Yunus Mia (Md) and others Vs. Bangladesh Krishi Bank & ors, 2001, 30 CLC (HCD)

.... is hereby re-called and vacated. The executing Court is directed to proceed with the execution as usual in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 123.......hree witnesses and produced some documents including their purchase deeds while the decree holder examined one of its officers. The trial Court rejected the application by impugned order being of the view that the transfer in question was without any consideration and as such, transfer did not pass ..

Category: Property Law | Date: | Hits: 27

Rezaul Karim Chowdhury (Md) & others Vs. Court of District Judge and Bankruptcy Court Chittagong and others, 2001, 30 CLC (HCD)

.... at liberty to dismiss the plaint. Accordingly this Rule is discharged with observation as made above. There shall be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 122. ......rted in 11 (1998) BC 203 (DB) at page 203 wherein it was alleged that the notice itself was actually issued on a wrong person and in case of such error the court struck down the said notice. 9. In view of our discussion as above we find this Rule as premature if objection is filed under section 2..

Category: Banking Law | Date: | Hits: 127

Mokbul Hossain Vs. Government of Bangladesh & ors., 2002, 31 CLC (HCD)

....illegally and as such we find no substance in the Rule and the same liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 118. ......ule, at first has argued that the detention of the detenu was malafide. He has pointed out that the detenu was most illegally arrested at first under section 54 of the Code of Criminal Procedure with view to detain him and subsequently under section 3(2) of the Special Powers Act, 1974. This manner ..

Category: Criminal Law | Date: | Hits: 34

Mokim alias Md. Mokim Vs. State, 2002, 31 CLC (HCD)

..... Let the appellant be set at liberty forthwith if not wanted in connection with any other case. Send down the case record expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 81. ......ইয়াছে সে সমস্ত মামলা ও উপ-ধারা (২) এর অধীন বিচারাধীন মামলা বলিয়া গন্য হইবে। In view of the saving clauses of the repealing Act and as the first information report of the instant c..

Category: Criminal Law | Date: | Hits: 38

Ambia Khatun Vs. Bangladesh and others, 2009, 38 CLC (AD)

....ut the Court of Settlement having been influenced by extraneous con­sideration did not consider this vital evi­dence including the assessment roll for the year 1967-68 and other documents and found erroneously the document of 1963 to be forged and created fraudulently and thus, the High Court Divi......er inasmuch as the respondent Govern­ment failed to place any statutory notice even before the High Court Division to justify the jurisdiction of the Court of Settlement over the matter, and in that view of the matter, the High Court Division committed error of law. The learned Counsel further subm..

Category: Property Law | Date: | Hits: 30

Badarnessa and others Vs. Mafuza Khatun and others, 2009, 38 CLC (AD)

....of the defendant No.3 as invalid since lands covered by them being undivided share of the property and they are hit by the doctrine of Musha. The lower Court has misread the doctrine of Musha and has erroneously decided that the plaintiff and his brothers have acquired no title by those two deeds. T......ow without any cogent ground set aside the same. The High Court Division observed that his kabala dated 18-2-1918 is valid so far the share inherited by Asma Bibi from her father and mother. In view of the above, we find no sub­stance in the submissions of the learned Counsel for the appellan..

Category: Property Law | Date: | Hits: 29

Delower Hossain @ Ali Hossain Bhuiyan Vs. State, 2001, 30 CLC (HCD)

....ing paragraphs are for the purpose of disposal of the Rule only. In the result the rule is discharged. Send down the LC records at once. Ed. This Case is also Reported in: 54 DLR (2002) 114. ......orted in 46 DLR (AD) 55 wherein it is observed “the inherent power may be invoked by independent powers conferred by any other provisions of the Code. This power nor revisional power nor power of review and it is to be invoked for the limited purpose such as to give effect to any order under the C..

Category: Criminal Law | Date: | Hits: 37

Azizur Rahman Vs. Mariamunnessa and others, 2001, 30 CLC (HCD)

.... directed to dispose of the suit within one year from the date of receipt of this judgment and order. Send down the lower court records. Ed. This Case is also Reported in: 54 DLR (2002) 108. ......mmons at the outer door of Azizur Rahman and the notice of the suit by registered post which has been shown to have been served obtaining the signature of Azizur Rahman but has not been proved and in view of the assertion of suppression of summons and notice the plaintiff has to prove service of sum..

Category: Property Law | Date: | Hits: 44