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Md. Siddiqur Rahman Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)
....ons of Section 39 of the Ain. Under the circumstances, this petition merits no consideration. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 653.......ons of Section 39 of the Ain. Under the circumstances, this petition merits no consideration. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 653.......). Judgment ABM Khairul Haque J.- This is a petition for leave to appeal, discharging the Rule in Writ Petition No. 2097 of 2007, upholding the transfer of the petitioner as legal. 2. The facts of the case, in brief, are that the petitioner was originally appointed as a typist in 1979 of..Category: Employment/Service Law | Date: | Hits: 71
Altab Ali Vs. Rupjan Bibi and others, 2010, 39 CLC (AD)
.... preparation of paper books is dispensed with as prayed for. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 651....... preparation of paper books is dispensed with as prayed for. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 651.......al District Judge, Comilla in Title Appeal No.12 of 2005 reversing those dated 16.08.1976 passed by the Subordinate Judge, 2nd Court, Comilla in Title Suit No.19 of 1974 decreeing the suit. 2. The facts involved in the case, in short, are that Bashiruddin and Syeda Banu had rayati title in the su..Category: Property Law | Date: | Hits: 30
Commissioner of Tax Vs. Chowdhury Apparels (Pvt.) Ltd., 2001, 30 CLC (HCD)
....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.......the deletion passed by the Commissioner of Taxes (Appeal). Being aggrieved by the order of the Taxes Appellate Tribunal, the Revenue has preferred this reference application formulating the following questions of law: i) Whether in the facts and on the circumstances of the case, the Taxes Appella...... of Taxes (Appeal). Being aggrieved by the order of the Taxes Appellate Tribunal, the Revenue has preferred this reference application formulating the following questions of law: i) Whether in the facts and on the circumstances of the case, the Taxes Appellate Tribunal was legally justified to de..Category: Fiscal/Taxation Law | Date: | Hits: 86
Shafiqul Huq (Md.) Vs. Mina Begum, 2002, 31 CLC (HCD)
....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.......age on the very same grounds on which he on 22-10-2000 filed Title Suit No. 196 of 2000 before a Subordinate Judge. Family Court has got every jurisdiction to decide to whether the ‘kabinnama’ in question is a genuine and valid document or not and whether any marriage between the petitioner and ......the Code of Civil Procedure against order No. 17 dated 14-6-2001 passed by Subordinate Judge, Court No. 4 in Title Suit No. 296 of 2000, which rejected a prayer for stay of a family suit. 2. Short facts for disposal of the Rule are that on 12-10-2000 opposite party wife as plaintiff instituted Fa..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.......n 12.2.88. It is further alleged that respondent No. 30 filed an application to the Election Commission for declaration of result which was adjourned on 12.2.88. 8. In the context of the aforesaid facts and circumstances the affidavit filed by respondent No. 30 assumes some importance. He merel..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.......- The Civil Revision Case No. 71 of 1987 has been heard together with Civil Revision Case No. 73 of 1987 and these two cases are being disposed of by this judgment and order, as substantially similar questions of law and facts are involved therein. Civil Revision Case No. 71 of 1987 has been preferr......Case No. 71 of 1987 has been heard together with Civil Revision Case No. 73 of 1987 and these two cases are being disposed of by this judgment and order, as substantially similar questions of law and facts are involved therein. Civil Revision Case No. 71 of 1987 has been preferred by petitioner Md. ..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....... drove out the labourers of the petitioner from the disputed land on 23.6.1982. The learned Munsif while rejecting the application under Order 9 Rule 13 did not at all take into consideration those facts in arriving at a finding as to whether the service of summons was duly served upon the petitio..Category: Property Law | Date: | Hits: 29
Angur Vs. State, 1988, 17 CLC (HCD)
....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....... against the appellant. From the evidence on record it is found that a dacoity has been committed on 29.9.77 in the launch M.L. Mamun and the prosecution succeeded in proving that. 30. The vital question that shall have to be decided in this case is on the complicity of appellant Angur. It is...... in his statement u/s 164 Cr.P.C. he named these two accused as participants in the dacoity. It is quite evident that Angur who was tendered pardon and examined as P.W.7 in the case has concealed facts relating to participation of accused Jamir and Sattar in the dacoity and thereby Angur has not..Category: Criminal Law | Date: | Hits: 42
Md. Azad Shaikh alias Azad SK Vs. State, 1988, 17 CLC (HCD)
....passed against the appellant is set aside. It is directed that he be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 62.......or reflection. In order to ascertain whether the accused was prepared to make a statement of his own free will the Magistrate is required under Paragraph 5 to examine the accused by putting various questions. But paragraph 5 of Ext. 5 (c) does not show that any question was put to the confessing a......passed against the appellant is set aside. It is directed that he be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 62...Category: Criminal Law | Date: | Hits: 31
Abdul Mukit Chowdhury Vs. The Chief Election Commissioner & others, 1988, 17 CLC (HCD)
....nt any such direction. In the result, the Rule is discharged without costs. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 57.......required to do what they have omitted to do and failure on the part of the officials and the Authority to perform what they are required under law to perform is wholly unconnected with the disputed questions of fact involving in this case. Mr. Ahmed argues that Annexure 'A' issued by the Presiding......of this court and it may cause prejudice to cither party if the same be taken into consideration under summary proceeding. There being a forum namely, the Election Tribunal set up to investigate into facts, and we therefore, restrain ourselves from making any observation as to whether the same is ..Category: Election Law | Date: | Hits: 119
Warish Miah Vs. People's Republic of Bangladesh, 1988, 17 CLC (HCD)
....es of the present case. In the result, the Rule is discharged without costs. The order of slay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 51...... i.e. from the time of filing the nomination papers, and the same persists till the assumption of office by the elected candidate. The word 'purported' is an act must be in excess of the exact act in question; yet it must also be reasonably connected with the main act. When the candidate or any of...... direction under writ of Quo Warranto upon the respondent No.5 does not arises at all. And this Court feels that since respondent No. 5 is not disqualified, no such direction is warranted under the facts and circumstances of the present case. In the result, the Rule is discharged without costs...Category: Election Law | Date: | Hits: 104
Md. Jahangir Alam Vs. Government of Bangladesh and others, 2010, 39 CLC (AD)
....e infructuas since the period of work-order expired by efflux of time on 22.06.2009. In that view of the matter, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 649.......e infructuas since the period of work-order expired by efflux of time on 22.06.2009. In that view of the matter, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 649.......etition for leave to appeal in respect of the judgment and order dated 17.11.2009, passed by the High Court Division in Writ Petition No. 3161 of 2009, discharging the Rule as infructuas. 2. The facts of the case, in brief, are that the petitioner is the proprietor of M/S. J. M. Medicine, that ..Category: Civil Law | Date: | Hits: 76
Abdul Khaleque Vs. Md. Nazim Uddin and another, 2010, 39 CLC (AD)
....ner is permitted to add additional grounds. 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) 647.......ner is permitted to add additional grounds. 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) 647.......to the litigation may apply at any stage of the suit for further or better statement or particulars, and the object is to extend the beneficial function of particulars by extending the range of facts of which particulars may be given. It is further contended that irrespective of the fact that ..Category: Property Law | Date: | Hits: 33
Sonali Bank Vs. Meghna Vegetable Oil Industries Ltd. & ors., 2009, 38 CLC (AD)
....wing the defendant Nos.1 and 2 to file a written statement advised. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 644.......wing the defendant Nos.1 and 2 to file a written statement advised. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 644....... Joint District Judge, 5th Court, Dhaka in Title Suit No.176 of 2006 rejecting the plaint on an application filed under Order 7 Rule 11 read with Section 151 of the Code of Civil Procedure. 2. The facts, in short, are that the plaintiff-appellant-respondents filed the suit for recovery of Tk. 15,..Category: Procedural Law | Date: | Hits: 81
Md. Nurul Islam Vs. Artho Rin Adalat and others, 2010, 39 CLC (AD)
....he circumstances, we find no substance in the submission of the learned Advocate for the petitioner. As such, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 642.......he circumstances, we find no substance in the submission of the learned Advocate for the petitioner. As such, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 642.......This is a petition for leave to appeal in respect of the judgment and order dated 02.08.2009, passed by the High Court Division, in rejecting the Writ Petition No. 4758 of 2009 summarily. 2. The facts of the case, in brief, are that the respondent No. 2 obtained an ex-parte decree in the Mortga..Category: Civil Law | Date: | Hits: 115
Government of Bangladesh and others Vs. Md. Alauddin, 2010, 39 CLC (AD)
....of compulsory retirement as illegal. Under such circumstances, this petition does not merit consideration and is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 641.......of compulsory retirement as illegal. Under such circumstances, this petition does not merit consideration and is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 641.......Haque J. - This is a petition for leave to appeal in respect of the dismissal of appeal passed by the Administrative Appellate Tribunal, Dhaka in Appellate Tribunal Appeal No. 69 of 2005. 2. The facts leading to this petition, in brief, are that on the allegations of misconduct, a departmenta..Category: Administrative Law | Date: | Hits: 201
Haji Noor Nabi Mollah Vs. Ahammad Ali and others, 2010, 39 CLC (AD)
....d the instant suit with false allegation without any basis. He is not qualified to be mulwali in the waqf estate. Moreover the property as described in the petition for appointment of receiver is not identical with property as described in the plaint schedule and as such the same suit is not maintai......cal children after much efforts with the help of the people and active co-operation of defendant No. 5 and the children of the locality used to learn Holy Quran free of costs and the waqf estate in question has been managed and maintained in proper way as per terms of the waqf deed. It was stated ......setting aside the order dated 30.03.2006 passed by the learned Joint District Judge, Arbitration Court, Dhaka in Title Suit No. 22 of 2004 rejecting application for appointment of receiver. 2. The facts, in short, are that the respondent No.1 as plaintiff filed Title Suit No. 22 of 2004 in the ..Category: Property Law | Date: | Hits: 27
Government of Bangladesh Vs. Md. Samsuzzaman, 2009, 38 CLC (AD)
.... upholding the judgment and order of the Administrative Tribunal. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 635. ...... upholding the judgment and order of the Administrative Tribunal. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 635. ......l Matin J. - This petition for leave to appeal is directed against the judgment and order dated 27.01.2009 passed by the Administrative Appellate Tribunal in A. A. T. Appeal No.137 of 2008. 2. The facts, in short, are that the respondent was dismissed from service after observing all formalitie..Category: Administrative Law | Date: | Hits: 205
.... preparation of paper books is dispensed with as prayed for.
The order of stay granted earlier is extended till disposal of the appeal.
Ed.
This Case is also Reported in: VII ADC (2010) 631....... preparation of paper books is dispensed with as prayed for.
The order of stay granted earlier is extended till disposal of the appeal.
Ed.
This Case is also Reported in: VII ADC (2010) 631.......trict Judge, Court No.1. Brahmanbaria in Title Appeal No. 136 of 1988 reversing those dated 20.08.1998 passed by the Assistant, Brahmanbaria Sadar, Brahmanbaria in Title Suit No.88 of 1994.
2. The facts involved in the case, in short, are that the plaintiff instituted Title Suit No. 88 of 1993 in..
Category: Property Law | Date: | Hits: 27
Commissioner of Taxes Vs. Aleaf Enterprise, 2001, 30 CLC (HCD)
....n accordance with law. The result, therefore, is that the question raised is answered in the affirmative. There be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 471. ......ts computed the total income of the assessee at Taka 1,3,494. The assessee respondent being aggrieved by the assessment order preferred an appeal before the Appellate Additional Commissioner of Taxes questioning the disallowances on various heads from profit and loss account. The appellate Additiona......the same in accordance with law. 3. The applicant has formulated the following question of law which is said to arise from the aforesaid order of the Taxes Appellate Tribunal: “Whether on the facts and in the circumstances of the case the learned Taxes Appellate Tribunal Single Bench, Dhaka ..Category: Fiscal/Taxation Law | Date: | Hits: 55
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