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....he appeal and confirmed the appellate order and, as such, this reference has been filed by the applicant for answer of the question which has been formulated in the following terms:
“That in the facts and in the circumstances of the case whether the Tribunal is justified to uphold the disallowa......ase is also Reported in: 52 DLR (HCD) (2000) 170.......t order the Deputy Commissioner of Taxes relied on an enquiry report submitted to him by the Income Tax Inspector without furnishing a copy of the same to the assessee applicant to produce sufficient evidences in rebuttal of the same and arbitrarily relied on the report without either giving any cha..
Category: Fiscal/Taxation Law | Date: | Hits: 65
Abu Ashed Bhuiyan and Others Vs. Abu Taher Bhuiyan & others, 2000, 29 CLC (HCD)
....ourt to interfere with the judgment and decree complained of. In the result, the Rule is discharged. There shall be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 209. ......as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 209. ......A and RS records were right and correct and the defendants prayed for dismissal of the suit. 4. The learned Senior Assistant Judge framed necessary issues and disposed of the same by discussion of evidence on record. The learned Judge found that the hukumnama Exhibit 3 stands in the name of Firoz..Category: Property Law | Date: | Hits: 23
Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)
....ress that. 7. In the other set of reference applications, i.e. in Reference Application Nos. 222-223 of 1991 the following common questions have been framed for our decision: (1) Whether on the facts and in the circumstances of the case the Taxes Appellate Tribunal is legally justified in trea......d Abdur Rahim Bhuiyan, Assistant Attorney-General— For the Respondent. (In Reference Application Nos. 27 to 32 & 34 to 36 of 1992). Reference Application Nos. 222, 223, 224 & 225 of 1991 and Nos. 27-32 & 34-36 of 1992. Judgment Syed Amirul Islam J.- As common question of law i......oration in Reference Application Nos. 27/92, 28/92, 29/92, 30/92, 31/92, 32/92, 34/92, 35/92 and 36/92. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 202...Category: Fiscal/Taxation Law | Date: | Hits: 94
Muslim (Md) Vs. Abdul Motaleb and others, 2001, 30 CLC (HCD)
....ersing those dated 31-5-1990 and 14-6-1990 respectively passed by the Assistant Judge Shaharasti, Chandpur, in Title Suit No.54 of 1989 decreeing the suit with cost should not be set aside. 2. The facts, in brief, for disposal of the Rule are that the petitioners as the plaintiffs instituted the ......DLR (2002) 196.......defendants on 21-4-1969. By alleged purchase the plaintiff did not acquire title or possession in the suit land and prayed for dismissal of the suit. 5. The learned Assistant Judge considering the evidences both oral and documentary on record decreed the suit with cost. 6. Being dissatisfied w..Category: Property Law | Date: | Hits: 33
Hossain Vs. Customs, Excise and VAT Appellate Tribunal and others, 2001, 30 CLC (HCD)
....d by the Commissioner of Customs. 4. Mr. Md. Nurul Islam Chowdhury, the learned Advocate has appeared in this appeal and he has contended that the Tribunal failed to apply its judicial mind to the facts and circumstances of the case and also failed to scrutinize the papers adduced before the Cust......3. ......racted finishing agent according to the letter of credit or to have the country’s hard-earned foreign currency refunded to the appellant. Ed. This Case is also Reported in: 54 DLR (2002) 193. ..Category: Fiscal/Taxation Law | Date: | Hits: 70
Md. Talebuddin (Taleb) Vs. State, 2009, 38 CLC (AD)
.... the death reference and dismissed the appeals and there is no cogent reason to call for any interference. The jail petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 454. ......oynul Abedin J Md. Talebuddin (Taleb)...................Petitioner Vs. The State..............................Respondent Judgment February 3, 2009. Cases Referred To- Om Prakash and others Vs. The State of Uttar Pradesh, 1983 AIR (SC) 43; Apren Josheph Vs. The State of Kerala 1......ons Judge, Sunamganj, took up the case for trial and framed charge against the petitioner and other accuseds under section 302/34 of the Penal Code who pleaded not guilty and after depositions of the evidence of the prosecution witness, the petitioner and other accused persons were examined under se..Category: Criminal Law | Date: | Hits: 33
Abdul Hye and others Vs. Serajul Hoque and others, 2009, 38 CLC (AD)
....h, on consideration of the materials on record, was dismissed and being aggrieved there against the defendants moved the High Court Division in revision. 4. The High Court Division considering the facts and circumstances of the case and the materials on record as well as the submissions of the le......s also Reported in: 15 MLR (AD) (2010) 435. ......ere allotted to the saham of the plaintiffs causing inconvenience to the defendants. 3. The learned Assistant Judge on examination of the learned Advocate Commissioner in Court and considering the evidence on record rejected the objection and accepted the commissioner's report and made the decree..Category: Property Law | Date: | Hits: 31
Mahmudul Huq Vs. Mostafa Kamal and others, 2010, 39 CLC (AD)
....d leave petition by setting aside the judgment and order passed by the High Court Division in Writ Petition No. 2172 of 2004 and also setting aside the auctions held by the respondent No.3. 2. The facts, in short, are that the respondent No.2 published an advertisement on 01.09.2001 in the "Daily......mad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Hague J Md. Muzamnel Hossain J Surendra Kumar Sinha J Mahmudul Huq.................................Petitioner Vs. Mostafa Kamal and others.....................Respondents Judgment February 28, 2010. Lawyers Involved: ......ter public interest must prevail upon individual interests. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 431...Category: Others | Date: | Hits: 81
Arun Bhowmick & others Vs. Salim Reza & others, 1987, 16 CLC (HCD)
....independent finding but he simply confirmed the finding of the learned Munsif. He further argued that the petitioners are not entitled to any relief in this Rule in view of the concurrent findings of facts by both the Courts below. 8. Admittedly, the original plaintiff Gopal Chandra Bhowmick inst......bsolute. Cases Referred to- A.I.R. 1920 (Cal) 467 (ChiranjilIal Ramala Vs. Tulsira Janki Das); A.I.R. 1964 (Allahabad) 342, (F.C. Davidson Vs. Mohanlal Sindhi); A.I.R. 1942(A11), 82 (Pyare Lal and others Vs. Chhotey Lal and others); A.I.R. 1925(Mad) 578 (Velovolu Ptharaju); 23 D.L.R 461, (Dac......n and the copy of the same was duly served on the learned Advocate of the contesting defendants. The learned Munsif after hearing allowed the prayer and appointed a commissioner for recording the evidence of the plaintiff on commission. It is also the case of the petitioner that with due notic..Category: Procedural Law | Date: | Hits: 95
Ratan Kha @ Rattan & Others Vs. State, 1988, 17 CLC (HCD)
....de is affirmed, but they are acquitted of the charge under section 397 of the Penal Code. Send down the records immediately. Ed. This Case is also Reported in: 40 DLR (1988) 186. ............Appellant Vs. The State...............Respondent Judgment January 11, 1988. Result: The appeal is allowed. Cases Referred to- Haripada Devenath and another Vs. The State,19 DLR (Dhaka) 573; State Vs. Jatindra Kumar Sulradhar alias Dhan, 20 DLR ......he look a look at the dacoits. At the T.I. parade she identified 5 dacoits. She came to know of the names of those five dacoits later on, but she does not remember their names at the time of giving evidence. At the T.I parade she also identified some articles and goods. In cross-examination she st..Category: Criminal Law | Date: | Hits: 49
Ezahar Sepai Vs. The State, 1987, 16 CLC (HCD)
....e result, the appeal is dismissed. The appellant is directed to surrender to the bail bond to serve out the remainder of the sentence. Ed. This Case is also Reported in: 40 DLR (1988) 177. ............Respondent Judgment April 27, 1987. Cases Referred to- State vs. Mokbul Hossain, 37 DLR 156; Yusuf vs. Appellate Tribunal, 29 DLR (SC) 211. Lawyers Involved: Enayet Peer Khan and M. Shamsul Alam, Advocate - For the Appellant. Fakhrul Islam, Assistant Attorney General an......ersons were falsely implicated in this case out of enmity and the informant himself committed murder of the deceased Shafizuddin Jamadder. 6. The learned Sessions Judge, however, considering the evidence on record convicted the appellant Ezahar Sepai under section 325 of the Penal Code but he..Category: Criminal Law | Date: | Hits: 93
Harun-or-Rashid Talukder Vs. District Manager, Pubali Bank, Jamalpur, 1988, 17 CLC (HCD)
....i Khan, District Manager, Pubali Bank, Jamalpur Branch by addressing a letter of complaint on 6.6.83 to the President, Bangladesh Bar Council, and invoking legal action against the appellant on the facts stated therein. The appellant replied to the allegations by his letter dated 25.8.83 to the ......t No. 2. Appeal from Original Order No. 227 of 1987 Judgment Mustafa Kamal J.- This First Miscellaneous Appeal has been preferred under Article 36(1) of the Bangladesh Legal Practitioners and Bar Council Order, 1972 (P.O. No. 46 of 1972) against the judgment and order dated 5.7.87 pass......ced 2 other witnesses, D.Ws. 2 and 3. All the witnesses were cross-examined by the other side. Several documents were exhibited by both parties. 4. The said Tribunal discussing the entire case and evidence on record by its judgment and order under appeal found the appellant guilty of gross prof..Category: Others | Date: | Hits: 72
Falu Mia & others Vs. Safar Ali & others, 1988, 17 CLC (HCD)
....ing on the issue as to whether Hosen Banu predeceased her brother Meser or whether she inherited some share of the properties of Meser. Abdul Motaleb's date of death is absolutely irrelevant in the facts and circumstances of the case. 30. As such not only on the ground of limitation but also ......For Opposite Party Nos. 12 & 13. Civil Rule No. 335(F) of 1984 with Civil Rule No. 11(F) of 1985. Judgment Mustafa Kamal J. - These Rules call upon the plaintiff opposite party Nos. 1-3 and 12-13 to show cause why the judgment dated 7.12.82 passed in F.A. No. 32 of 1967 by this Divisio......fore 22.6.59, his wife Hosen Banu must have died even earlier. Thus Hosen Banu did not inherit anything from Meser, because Meser died after Hosen Banu in 1983 in Assam. If these pieces of additional evidence are received, then the share of the plaintiff respondents in the partible property will be ..Category: Property Law | Date: | Hits: 29
Asgar Ali & others Vs. Additional Deputy Commissioner, Khulna & others, 1987, 16 CLC (HCD)
.... remand for trial in the light of the observation made herein before. There will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 40 DLR (1988) 157. ......epresented - the opposite party. Civil Revision No. 45 of 1987. Judgment Anwarul Huq Chowdhury J. - This Rule arises out of an application under section 115 of the Code of Civil Procedure and is directed against the Judgement and decree dated 28.12.1983 passed by the learned Additional...... remand for trial in the light of the observation made herein before. There will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 40 DLR (1988) 157. ..Category: Property Law | Date: | Hits: 36
Belal Ahmed Vs. State, 1987, 16 CLC (HCD)
....e, that they have been falsely implicated in this case. They however did not dispute the acid throwing on the person of Shahanaz Parvin. 3. The learned Magistrate on consideration of the evidence, facts and circumstances of the case found that the accused Obud and the present petitioner Belal are......l - For the State. Criminal Revision No. 47 of 1985. Judgment Qazi Shafi Uddin J.- This is an application under section 439 of the Code of Criminal Procedure directed against the judgment and order dated 15.4.85 passed by Mr. A. Hamid, Sessions Judge, Sylhet in Criminal Appeal No. 30/ II......any offence, that they have been falsely implicated in this case. They however did not dispute the acid throwing on the person of Shahanaz Parvin. 3. The learned Magistrate on consideration of the evidence, facts and circumstances of the case found that the accused Obud and the present petitioner..Category: Criminal Law | Date: | Hits: 38
....J. - This petition for leave to appeal is directed against the judgment and order dated 27th October, 2008 of a Single Bench of the High Court Division in Civil Revision No. 1802 of 2008.
2. Short facts relevant for disposal of this petition are that the respondent No.1 (plaintiff) instituted Oth......
Shah Abu Nayeem Mominur Rahman J
ABM Khairul Haque J
Md. Muzammel Hossain J
Surendra Kumar Sinha J
Kamaluddin Ahmed Sarwar alias Alhaj Kamaluddin Sarwar being dead his heirs Hasina Banu and others..........................................Petitioners
Vs.
Mohammad Shahjahan and ano......suit was served upon the defendant, but he did not turn up and ultimately the learned Assistant judge took up the suit for ex parte hearing on 15th May, 2000. The learned Assistant Judge recorded the evidence of the plaintiff but dismissed the suit on the reasonings that the plaintiff failed to subs..
Category: Procedural Law | Date: | Hits: 68
Banesa Bibi Vs. The Senior Vice-President and others, 2009, 38 CLC (AD)
....rs that the bank was appointed as attorney by the mortgagor-loanee vide General Power Attorney deed No. 7394 dated 14.06.2000 duly registered with the Gulshan Sub-Registry Office, Dhaka. 8. In the facts and circumstances, we do not find any merit in the leave petition and hold that the impugned j......on (Civil) Present: Mohammad Fazlul Karim Md. Joynul Abedin Shah Abu Nayeem Mominur Rahman Banesa Bibi……………………….....Petitioner Vs. The Senior Vice-President and others………......Respondents Judgment April 19, 2009. Lawyers Involved: Rokanudd...... accordance with law and no interference is called for. The petition is accordingly dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 160, 18 BLT (AD) (2010) 507, 8 LG (AD)(2011) 55...Category: Civil Law | Date: | Hits: 81
Azimul Kabir (Md) Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....C) 740 and AIR 1970 (SC) 852. 15. Mr. Moudud Ahmed referred the case of Habiba Mahmud Vs. Bangladesh and others reported in 45 DLR (AD) 89. It was held in that case that “grounds” must include facts as well. The grounds are not only necessary to enable the defence to make representation, they...... Court High Court Division (Special Original Jurisdiction) Present: MA Aziz J Md. Shamsul Huda J Azimul Kabir (Md)……………..Petitioner Vs. Government of Bangladesh and others…………………. Respondents Judgment August 1, 2001. Cases Referred To- ......officials to take proper and adequate care and caution to ascertain that there are materials justifying the passing of an order of detention. Ed. This Case is also Reported in: 54 DLR (2002) 189...Category: Criminal Law | Date: | Hits: 45
SM Nasirul Haque Vs. Omar Faruque Chowdhury and others, 2001, 30 CLC (HCD)
....plots in subsequent survey, or by mutation by the acts of parties, the previous co owners in the holding and/or the land cannot be deemed to still continue as such co-owners. 26. Coming to the facts of this case, we find, on 30-04-53 and 30-07-54 parents of the preemptor purchased 0.63 acre o......Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J SM Nasirul Haque…..……………Petitioner Vs. Omar Faruque Chowdhury and others ………Opposite Parties Judgment December 3, 2001. Cases Referre......are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ..Category: Property Law | Date: | Hits: 39
State Vs. Kabel Molla and others, 2002, 31 CLC (HCD)
....udice the trial of the case and that the confessional statement of the condemned prisoner Matiar Rahman has proved the manner of the alleged occurrence supported by other witnesses and in view of the facts and circumstances of the case and the evidence on record the impugned judgment and order of co...... High Court Division (Criminal Appellate Jurisdiction) Present: Md. Abdul Matin J Md. Marzi-ul Huq J State……......................................Appellants Vs. Kabel Molla and ors………………………...Condemned Prisoners Judgment July 27, 2002. Cases Refe...... Mollah and PW 7 Zagadish alias Toshta Sheel were tendered. The condemned prisoners were also examined under section 342 of the Code of Criminal Procedure and they again pleaded not guilty and led no evidence. 6. The learned Additional Sessions Judge heard argument and by his judgment convicted a..Category: Criminal Law | Date: | Hits: 36
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