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Sufia Islam Shila and another Vs. Shakhawat Hossain and others, 2001, 30 CLC (HCD)
....r but the learned Assistant Judge committed an error of law by accepting the local investigation report without giving opportunity to the plaintiffs for examining the Advocate Commissioner. 3. The facts of the case, in short, are that the plaintiff-petitioners filed Title Suit No. 82 of 1998 for ....... Ed. This Case is also Reported in: 54 DLR (2002) 178. ......sion of the parties beyond his jurisdiction that portion may be deleted. Moreover, acceptance of the report of the Commissioner does not mean that the plaintiff-petitioners are debarred from adducing evidence during trial on the point of possession. In support of his arguments the learned Advocate f..Category: Property Law | Date: | Hits: 28
Kowsar Chowdhury Vs. Latifa Sultana, 2001, 30 CLC (HCD)
....intenance. 6. I have heard the learned advocates for both the parties at length and perused the judgment of the courts below and the other relevant materials on record. 7. From the above stated facts it is evident that in this Rule the moot point raised for determination is whether the suit fi......r the Petitioner, Md. Korban Ali, Advocate— For the Opposite Party. Civil Revision No. 693 of 2000. Judgment Nazmun Ara Sultana J.- This Rule was issued calling in question the judgment and decree dated 28-9-1999 passed by the Additional District Judge, 7th Court, Dhaka, in Family Appe......g in college. So, indisputably the circumstances have changed much and the plaintiff can now legitimately claim maintenance for her daughter at an enhanced rate. The plaintiff, in her pleading and in evidence, has stated that she claimed maintenance at the rate of Taka 2000 per month for her daughte..Category: Family Law | Date: | Hits: 186
....ation No. 8/97 the applicant has for our consideration and decision formulated the following questions of law which are said to arise from the order of the Taxes Appellate Tribunal: i) Whether in the facts and circumstances of the case the Tribunal rightly interpreted section 4(3)(I) of the Income T......d. Awlad Ali J.- These two reference applications at the instance of the Micro Industries Development Assistance Society (MIDAS), (hereinafter called the Society) being Reference Application No. 8/97 and Reference Application No. 9/97 arise out of the order dated 16-3-95 in ITA No. 791 of 1992-93 an......mulated in both the reference applications are answered in the negative and in favour of the assessee.
There will be no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 168...
Category: Fiscal/Taxation Law | Date: | Hits: 65
Wahidul Haque Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....eeking a direction to the respondents to implement the judgment passed in another writ petition filed by this present petitioner in respect of the self-same property. The petitioner has stated the facts, which have compelled him to file this present writ petition as follows: 2. The property in...... Supreme Court High Court Division (Special Original Jurisdiction) Present: Md. Hamidul Haque J Nazmun Ara Sultana J Wahidul Haque…..………….Petitioner Vs. Bangladesh and others……..Respondents Judgment January 19, 2002. Case Referred to- 48 DLR 291.......bservation made in the body of this judgment. Send copies of this judgment to respondent Nos. 1-5 for proper guidance and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)165...Category: Property Law | Date: | Hits: 38
.... petitioners written objection in Title Suit No. 1 of 1999 (under section 14(2) of the Arbitration Act, 1940) to make opposite party No. 2’s award dated 19-9-1998 the Rule of the Court.
2. Short facts relevant for the purpose of disposal of this Rule are, that an agreement dated 12-11-1997 was ......eme Court
High Court Division
(Civil Revisional Jurisdiction)
Present:
Md. Fazlul Haque J
NK Chakravartty J
Rajdhani Unnayan Kartripakkha (RAJUK)...... Petitioner
Vs.
MN Alam and Associates Ltd. and another………..Opposite parties
Judgment
November 18, 2001.
Ca......-compliance of the proviso to section 33 of the Arbitration Act rendered the said written objection under section 33 of the Arbitration Act as non existent in the eye of law.
17. The memorandum of evidence along with endorsements mentioned above. We need not answer any other points raised by Mr. ..
Category: Alternative Dispute Resolution | Date: | Hits: 196
Barrister Ziaur Rahman Khan Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....he locally elected representative should not be consulted in the Sammonnoy Committee meeting in accordance pith the rules as continued in Annexure-A and Government directive to that effect. 2. The facts, in short, are that, the petitioner has been elected as Member of Parliament from the Banglade......Division (Special Original Jurisdiction) Present: K M Hasan J Md. Abdul Quddus J Barrister Ziaur Rahman Khan………………………Petitioner Vs. Government of Bangladesh and others……………respondents Judgment November 28, 1999. Cases Referred To- A......l call such meetings to meet the contingencies and the meetings thus called will take decisions as per clause (4) of Annexure ‘C’. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 164. ..Category: Administrative Law | Date: | Hits: 462
Ahsan Karim Jinnah Vs. Meghna Insurance Company Limited & others, 1999, 28 CLC (HCD)
....me of the petitioner in the register as a share-holder with the said 10,000 shares by removing the names of the respondent Nos. 2-7 therefrom by rectifying its register of members. In view of the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is al...... December 11, 1999. Cases Referred To- 1977 Company Cases. (Vol.47) SC 185, 1978 Company Case (Vol. 48) 558; 1993 Company Cases (Vol.77) 97; 43 DLR 329; Mannelal Khetan Vs. Kedar Nath Khatan and others, Company Cases (Vol.47) SC 185. Lawyers Involved: Rafique-ul-Huq with Kh Mahbubuddi...... by rectifying its register of members. In view of the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 160. ..Category: Company Law | Date: | Hits: 203
Alamgir (Md) Vs. Habea Begum, 1999, 28 CLC (HCD)
....l and affirming the order dated 5-2-98 passed by the Assistant Judge and Family Court, Kutubdia Sadar in Family Suit No.3 of 1994 rescheduling payment of the decretal dues by instalments. 2. Short facts relevant for the purpose of the case are that, the opposite party as plaintiff instituted a su......r Gopal Saha J Alamgir (Md)……………………… Petitioner Vs. Habea Begum ………………………..Opposite Party Judgment August 19, 1999. Lawyers Involved: Subash Chandra Saha, Advocate—For the Petitioner. Md Abu Bakkar Siddique, Advocate—For the Opposite Pa......he impugned order dated 29-6-98 passed by the learned District Judge, Cox’s Bazar in Miscellaneous Appeal No.6 of 1998 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 157. ..Category: Family Law | Date: | Hits: 155
Nikhil Chandra Halder Vs. State, 2001, 30 CLC (HCD)
....sed used to behave in a deranged manner and was under treatment at Pirojpur, Pabna and Barisal. The defence witnesses were cross- examined on behalf of the prosecution but nothing new came out. ...... the prosecution but nothing new came out. ......t. This witness also admitted that the accused had no quarrel or dispute either with the victim or with her family. 4. PW 2 is one Jagadish Chandra Halder. He is the father of the victim. From the evidence of PW 1 it appears that at the time of occurrence he was working in the field and did not s..Category: Health Law | Date: | Hits: 266
....and are of no legal effect.
The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 59 DLR (2007) 690.......m J
Afzal Hossain Ahmed J
Modern Cold Storage Ltd ..................................................................... Petitioner
Vs.
Secretary, Ministry of Energy & Mineral Resource and others…....................…Respondents
Judgment
May 24, 2006.
Cases Referred To-
...... No. 1 and respondent Nos. 2-5 have contested the Rule by filing separate Affidavits-in-opposition denying the material allegations made in the writ petition, They have contended that since there was evidence of tampering with the electric meter placed with the petitioner, upon detection of the wron..
Category: Others | Date: | Hits: 131
Abdur Rahman Vs. State, represented by Deputy Commissioner, 2006, 35 CLC (HCD)
....d be turned into a part of prosecution material if it is admitted by the prosecution in any manner or a bridge could be shown to have been established in between the materials, either on the admitted facts or in any other manner. Since the alleged Bainapatra admittedly is in the seisin of a civil Co......man J.- The accused petitioner, Abdur Rahman, obtained this Rule on 4-2-2001, under section 561A of the Code of Criminal Procedure, calling upon the informant opposite party No. 1 Shankar Sen Gupta and the Deputy Commissioner, Chittagong, to show cause as to the legality and propriety of the proce......r section 471, section 475 or section 476 of the same Code, when such offence is alleged to have been committed by a party to any proceeding in any Court in respect of a document produced or given in evidence in such proceeding, except on the complaint in writing of such Court, or of some other cour..Category: Criminal Law | Date: | Hits: 43
State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)
.... Code of Criminal Procedure. They claimed innocence as before and made no other statement. Accused Hasib and Sohrab submitted some papers. The learned Judge on consideration of the above evidence and facts and circumstances of the case convicted accused Hasib, Almas, Aurango, Khaja, Sohrab, Abu Tahe...... High Court Division (Criminal Appellate Jurisdiction) Present: AKM Fazlur Rahman J Quamrul Islam Siddiqui J State……………..Petitioner Vs. Al Hasib Bin Jamal alias Hasib and five others……………..Convicts (sentenced to death) Judgment August 22, 2007. Cas......that their house was 400 yards away from the house of the deceased. He had talk with the police four months after the occurrence. He did not see accused Khaja and Sohrab before the date of his giving evidence in the Court. He did not know who were the neighbours of Almas. He went to the park to see ..Category: Criminal Law | Date: | Hits: 40
AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)
....he instance of the accused petitioners for quashment of the proceedings of Fatullah PS Case No. 125 dated 27-4-2006 pending in the Court of Magistrate, First Class, Narayanganj (South). 2. The facts relating for disposal of these two Rules are that the informant, an exporter of gar ments prod...... (2007) 646. ......de Court. If this position be continued, I am afraid a day will come when practically, there will be no legal system in Bangladesh. Ed. This Case is also Reported in: 59 DLR (2007) 646. ..Category: Criminal Law | Date: | Hits: 97
Ali Ashraf Mia Vs. Chairman, First Court of Settlement and others, 2006, 35 CLC (HCD)
....d 23-9-1986 and/or pass such other or further order of orders as to this Court may seem fit and proper. 2. Both the Rules have been issued at the instance of the petitioner and concern similar facts and point of law and, as such, are being disposed of by this single judgment. 3. In Wri...... Jurisdiction) Present: Tariq-ul-Hakim J Afzal Hossain Ahmed J Ali Ashraf Mia……………………..Petitioner Vs. Chairman, First Court of Settlement and others……………Respondents Judgment June 27, 2006. Lawyers involved:......alse. 17. Section 5(2) of the Abandoned Buildings (Supplementary Provisions) Ordinance No. 54 of 1985 provides that the lists published under subsection (1) of section 5 shall be conclusive evidence of the fact that the buildings included therein are abandoned property and have vested in t..Category: Property Law | Date: | Hits: 39
Executive Engineer, Roads and Highways Vs. Naderuzzaman and others, 2007, 36 CLC (HCD)
....ages Limited vs. Member, Labour Appellate Tribunal Dhaka and others reported in 52 DLR (AD) 160. 5. Mr. Abul Khair, the learned Advocate appearing for the opposite party No. 1, submits that in the facts of the case the review application under Order XLVII, rule 1 of the Code of Civil Procedure is...... also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ......t the time of the issuance of the Rule and extended subsequently is vacated. Send down the lower court records. Ed. This Case is also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ..Category: Procedural Law | Date: | Hits: 75
Bellal Hossain (Md) & others Vs. Md. Yasin Ali Mondal and ors., 2007, 36 CLC (HCD)
....Judge-in-Charge, Naogaon in Miscellaneous Case No. 11 of 1995 should not be set aside and or pass such other order or further order or orders as to this Court may deem fit and proper. 2. Short facts leading to this Rule are that on 15-3-1995 the pre-emptor (herein opposite party No. 1), claim...... (Civil Revisional Jurisdiction) Present: SM Ziaul Karim J Bellal Hossain (Md) & others………………Pre-emptee-Petitioners Vs. Md. Yasin Ali Mondal and others....……….Opposite Parties Judgment February 4, 2007. Result: The......es as petitioners. 6. Mr. lutfor Rahman Mondal, the learned Advocate appearing with Mr. KM Zahid Sarwar, Advocate, for the petitioner, supports that Rule and submits that it has been proved by evidence that the deed under pre-emption is not a sale deed but an exchange deed which is not pre-em..Category: Property Law | Date: | Hits: 23
Commissioner of Taxes Vs. Prime Bank Ltd., 2007, 36 CLC (HCD)
....lication along with all orders passed by the above income tax authorities in the case. We find the crux of the controversy boils down to the question, which needs determination: Whether on the facts and in the circumstances of the case, the Taxes Appellate Tribunal was justified in setting as......ibunal, which set aside the order 10-9-2000 passed by the Inspecting Additional Commissioner of Taxes adding so-called capital loss of Taka 18,15,67,643 to the total income of the respondent assessee and restored that of the Deputy Commissioner of Taxes. 2. The assessee is a banking company a......peal to Appellate Division under section 162 of the Ordinance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ..Category: Fiscal/Taxation Law | Date: | Hits: 82
Abdur Rashid Miah and another Vs. Md. Zami Shah Newaz and others, 2007, 36 CLC (HCD)
....wlader and others reported in 8 MLR (AD) 209, 8 BLC (AD) 67 in support of his contention. 19. In order to analyse the conflicting submissions of the learned Advocate we must go back to the facts and circumstances of the case in which the application of the opposite parties for an expert o......59 DLR (2007) 625; 13 MLR (HCD) (2008) 317. ......he consideration amounting to Taka 1000 and that the plaintiffs created an antedated agreement by false personification. 5. The learned Subordinate Judge, 2nd Court, on consideration of the evidence on record, both oral and documentary, as adduced by the parties decreed the suit by his jud..Category: Property Law | Date: | Hits: 32
Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....e order No. 9 dated 296-03 passed by the Adalat in Mortgage Execution Case No/35 of2002 transferring the same under the Ain, 2003 and renumbered as Artha Execution Case No. 693 of 2003. 3. Short facts, as are necessary for the purpose of disposal of this Rule, are that the respondent No. 3, J......59 DLR (2007) 615.......nd 2 for a claim of Taka 49,79,194.32. Having received the summons of the said suit the defendants-petitioners appeared and contested the same by filing written statement. Upon the consideration of evidence, both oral and documentary, the Adalat decreed the suit on 13-7-01 on contest against the d..Category: Constitutional Law | Date: | Hits: 168
Abdul Mannan Matubbar Vs. Bangladesh Water Development Board and others, 2007, 36 CLC (HCD)
.... Result: The Rule is discharged. The domestic tribunal is not a court to follow procedures of the trial or enquiry according to the Civil Procedure Code. In appropriate cases, considering the facts and circumstances thereof such a tribunal may arrive at a decision simply by questioning the a......gh Court Division (Special Original Jurisdiction) Present: Tariqul Hakim J Afzal Hossain Ahmed J Abdul Mannan Matubbar.........Petitioner Vs. Bangladesh Water Development Board and others.........Respondents Judgment April 23, 2007. Result: The Rule is discharged. ......tioner showed cause submitting his statement to the said Inquiry Officer. The petitioner did the alleged works by preparing estimates as per order of his superior Officers. In spite of having got evidence of this fact by the Inquiry Officer during inquiry of the proceeding, the petitioner was ..Category: Employment/Service Law | Date: | Hits: 76
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