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Dr. Ahmed Majid Vs. Abdul Latif @ Suruj Ali, 2006, 35 CLC (HCD)
.... Court is directed to proceed with the suit in accordance with law. No costs. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 59 DLR (2007) 282. ...... Court is directed to proceed with the suit in accordance with law. No costs. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 59 DLR (2007) 282. ......suit between the same parties, or between parties under whom they or any of them claim litigating under the same title whether such suit is pending in the same or any other Court in Bangladesh having jurisdiction to grant the relief claimed, or in any court beyond the limits of Bangladesh establishe..Category: Property Law | Date: | Hits: 37
Mohammad Ullah (Driver) Vs. State, 2007, 36 CLC (HCD)
....oned. The learned judge is directed to proceed with the appeal in accordance with law. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 281. ......oned. The learned judge is directed to proceed with the appeal in accordance with law. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 281. ......oned. The learned judge is directed to proceed with the appeal in accordance with law. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 281. ..Category: Criminal Law | Date: | Hits: 36
Mozam and others Vs. State, 2006, 35 CLC (HCD)
....offence. Send down the lower Court's records at once with a copy of this judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 276.......) 66. 29. Moreover, we find that wearing apparels of victim (PW 1) were neither seized nor examined chemically. In the case of Seraj Talukder vs. State reported in 3 BLC 182 it is held that in absence of sign of rape in the medical report and non examination of wearing clothes made the whole ......time the offences described in Ordinance, 1983 was the Schedule offence of the Special Powers Act, 1974, triable by Special Tribunal. But the learned Judge of the Bishes Adalat tried the case without jurisdiction. He adds that the victim did not disclose the material facts at the earliest point of t..Category: Criminal Law | Date: | Hits: 82
....quashed.
Order of stay granted at the time of issue of the Rule is hereby recalled and vacated.
Communicate at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 274.
......e. We failed to understand how the Deputy Commissioner could claim that the petitioner evaded any tax, say supplementary duty, even after receipt of more than the money demanded in the notice. In the absence of clear finding on commission of any offence under the VAT Act, no one could be punished by......quashed.
Order of stay granted at the time of issue of the Rule is hereby recalled and vacated.
Communicate at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 274.
..
Category: Fiscal/Taxation Law | Date: | Hits: 63
....es of land by registered patta dated 5-4-1928 in favour of Sreemanta Mondal. One Krishna Mondal also settled 2.50 acres of land in favour of Sreemanta Mistry and in this way Sreemanta Mistry acquired total 5.37 acres of land. During his possession, he died leaving three sons, namely, Saradakanta Mis......le is hereby recalled and vacated.
There is no order as to costs.
Send down the lower Court record at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 270, 26 BLD (HCD) (2006) 634.
...... Mia being dead his heirs Md. Fazlur Rahman and others 51 DLR (AD) 57. In the case referred to above, the Appellate Division has held that the High Court Division as a revisional Court had hardly any jurisdiction to set aside the finding of facts arrived at by the appellate Court and that also witho..
Category: Property Law | Date: | Hits: 27
Surajmal Ram Prasad Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
.... books of account, registers, statement of assets and liabilities, etc were produced in support of the return. The Deputy Commissioner of Taxes however, under section 83(2) of the Ordinance estimated total income of the assessee for the assessment year in question at Taka 12,45,322 and accordingly, ......fied therein. Moreover, if an appeal after expiry of the period specified is admitted for reasons recorded by an appellate authority, second appellate authority cannot set aside such admission in the absence of definite finding that the discretion by the appellate authority was exercised either in v......ith our answer in the negative against the Revenue Department and in favor of the applicant. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 59 DLR (2007) 268...Category: Fiscal/Taxation Law | Date: | Hits: 63
Puspak Kumar Roy and another Vs. Eldrin Khan and others, 2005, 34 CLC (HCD)
..... The order of stay granted earlier by this Court dated 10-4-2004 is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 263. ......n support of his contention. The requirement of section 6 being found positive in favour of the defendants and the orders passed by the Rin Salishi Board having not been challenged in the suit and in absence of a clear case of coram non judice the plaintiffs were not entitled to file a suit for decl......Foez Siddique, the learned Advocate for the opposite-parties, submitted that orders passed in Rin Salishi Case No. 187 of 1989 and 188 of 1989 being illegal and being void and the Board having had no jurisdiction to pass such order, the suit of the plaintiff was quite maintainable. He submitted that..Category: Property Law | Date: | Hits: 34
....y he should not be discharged under section 5(gha) of 1976 Ordinance. The copy of the order dated 5-2-2004 has been marked as Annexure-'D'. The petitioner again submitted written reply claiming to be totally innocent in the matter. Copy of the reply dated 12-2-2004 has, been marked as Annexure-'E'. ......e Police Officers (Special Provisions) Ordinance, 1976 and there is no guidelines as to which case would be tried under the PRB and which under the Ordinance of 1976. He further contended that in the absence of such guideline the respondents exercised their arbitrary will in discharging the petition...... The petitioner preferred an appeal against the impugned order of discharge to the Inspector General of Police which was rejected on 25-3-2004 by the Additional Inspector General of Police who had no jurisdiction to do so. The petitioner had preferred a revision against the order of rejection of app..
Category: Employment/Service Law | Date: | Hits: 67
Anwara Begum Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
.... Ministry of Housing and Settlement. Such outright rejection without any cogent reasons and subsequent action by the concerned Department against the alleged corrupt officers cannot be a ground for totally disregarding such papers and documents. Although it is accepted that in certain cases docume......d Buildings as published in Ka list dated 28-4-1986 within 3(three) months from the date of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 251, 26 BLD (HCD) (2006) 123. ......t of Bangladesh, represented by the Secretary Ministry of Works vs. Md. Jalil and others, reported in 48 DLR (AD) 10, is no doubt true but the fact is, that the High Court Division always retains its jurisdiction to intervene in the Court of Settlement in passing its judgment does not take into acco..Category: Property Law | Date: | Hits: 40
Abdul Karim and others Vs. Court of Settlement and others, 2007, 36 CLC (HCD)
....6 under Abandoned Buildings (Supplementary Provisions) Ordinance, Ordinance 54 of 1985 at page No. 9764 (17), Serial No. 42 (Annexure-I). Ed. This Case is also Reported in: 59 DLR (2007) 247.......6 under Abandoned Buildings (Supplementary Provisions) Ordinance, Ordinance 54 of 1985 at page No. 9764 (17), Serial No. 42 (Annexure-I). Ed. This Case is also Reported in: 59 DLR (2007) 247.......6 under Abandoned Buildings (Supplementary Provisions) Ordinance, Ordinance 54 of 1985 at page No. 9764 (17), Serial No. 42 (Annexure-I). Ed. This Case is also Reported in: 59 DLR (2007) 247...Category: Property Law | Date: | Hits: 33
Nazir Ahmed Vs. Md. Amin Mia and anothers, 2007, 36 CLC (HCD)
....tropolitan Magistrate, Dhaka in GR Case No. 166 of 1995 and TR No. 42 of 2000 corresponding to Mohammadpur PS Case No. 48(01)95 sentencing the appellant-petitioner to suffer rigorous imprisonment for total period of 10(ten) years along with fine of Taka 10,000 in default to suffer simple imprisonmen......heques are proved to be encashed by accused-petitioner. If the informant ever paid any cheques of Taka 38,00,000 to the accused petitioner that became the money of accused being a civil liability. In absence of any written contract, deed or document we do not find any ingredients of offence of crimi......once if he is not wanted in connection with any other case. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 245. ..Category: Criminal Law | Date: | Hits: 40
Syed Ziaul Hasan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....tity module (SIM) Card according to the price fixed i.e. Taka 1800. There will be no order as to costs. Ed This Case is also Reported in: 59 DLR (2007) 238, 26 BLD (HCD) (2006) 366. ......tity module (SIM) Card according to the price fixed i.e. Taka 1800. There will be no order as to costs. Ed This Case is also Reported in: 59 DLR (2007) 238, 26 BLD (HCD) (2006) 366. ...... to distribute SIM Cards to those who won in lottery. It is contended that even if the company is owned by the government in that case also the action of the respondent No.6 is not amenable to Writ jurisdiction. The petitioners won the lottery and accordingly, the petitioners are required to pay t..Category: Fiscal/Taxation Law | Date: | Hits: 131
Abdul Alim Vs. Biswajit Dey and another, 2007, 36 CLC (HCD)
....lt, this Rule is discharged. The order of stay granted earlier by this Court is vacated. Communicate this order at once. Ed. This Case is also Reported in: 59 DLR (2007) 236 . ......lt, this Rule is discharged. The order of stay granted earlier by this Court is vacated. Communicate this order at once. Ed. This Case is also Reported in: 59 DLR (2007) 236 . ...... notice. As per provisions of sections 177, 178, 179 and 180 of the Code of Criminal Procedure if the aforesaid five different acts were done in five different localities any of the Courts exercising jurisdiction in one of the five local areas can become the place of trial for the offence under sect..Category: Criminal Law | Date: | Hits: 50
Abul Koyser Vs. Tobarak Ali and others, 2007, 36 CLC (HCD)
....d. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 234 . ......d. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 234 . ......d. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 234 . ..Category: Property Law | Date: | Hits: 28
Khalilur Rahman Vs. State, 2007, 36 CLC (HCD)
....ny as regards her recognition at the time of incident. PW 9 corroborated her and stated that PW 1 told him that she recognised Ayub Ali. The confessional statement of the appellant Khalilur Rahman is totally inculpatory in nature. In his confessional statement, he implicated Ayub Ali. In view of the......onal statement of the appellant Khalil is not true and voluntary and that as he has retracted his confession, the learned Additional Sessions Judge has committed error of law in convicting him in the absence of any other corroborating evidence on record. In support of his contention the learned Advo......lilur Rahman. We find no merit in these appeals. These appeals are dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 227 . ..Category: Criminal Law | Date: | Hits: 38
Moezuddin (Md) Vs. State, 2007, 36 CLC (HCD)
.... Sessions Judge, 1st Court, Pabna according consent to withdraw from the prosecution of the accused-opposite party No. 1 is set aside. Ed. This Case is also Reported in: 59 DLR (2007) 122. ...... Sessions Judge, 1st Court, Pabna according consent to withdraw from the prosecution of the accused-opposite party No. 1 is set aside. Ed. This Case is also Reported in: 59 DLR (2007) 122. ...... Sessions Judge, 1st Court, Pabna according consent to withdraw from the prosecution of the accused-opposite party No. 1 is set aside. Ed. This Case is also Reported in: 59 DLR (2007) 122. ..Category: Criminal Law | Date: | Hits: 43
Shaherunnessa Vs. Shamsunnahar, 2007, 36 CLC (HCD)
.... the decree of the trial Court decreeing the suits are hereby set aside and both the suits are dismissed. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 217. ....... Subrata Chowdhury for the petitioners, submitted that the Courts below erred in law in finding the defendants tenants under the plaintiff and the defendants defaulted in the payment of rents in the absence of any evidence on record and upon such erroneous views, most illegally decreed the suits, w...... the decree of the trial Court decreeing the suits are hereby set aside and both the suits are dismissed. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 217. ..Category: Property Law | Date: | Hits: 35
Shahella Chowdhury Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
.... 3. After submission of the return by the petitioner for the assessment year 1999-2000 showing a liability of Taka 96,000, the Deputy Commissioner of taxes by his order dated 29-3-2000 assessed the total income of assessee at Taka 2,85,110 and accordingly, determined the income tax. 4. On an ap......no legal effect; and they are accordingly quashed. Order of stay granted on 23-506 is also recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 213. ......ion of the house out of a bank loan was wholly unauthorised and not sanctioned by section 93 of the Ordinance in that such investment was not an income and penalty imposed thereon was equally without jurisdiction, the Commissioner of Taxes fell in serious error of law in not setting aside such unaut..Category: Fiscal/Taxation Law | Date: | Hits: 69
Dhaka City Corporation and others Vs. Shamsur Rahman and others, 2007, 36 CLC (HCD)
....re. On being asked to deposit Taka 5229.00 as proportionate price of the released land measuring 0.2435 acre to the plaint, the plaintiff deposited on 8-4-86 by a treasury 'Chalan' said amount out of total compensation of Taka 9856.00 received by him. 33. Amalgamated released land with his ot......ing on in the suit land. In such view of the matter, the appellate Court was wrong in reversing the judgment and decree of the trial Court and dismissing the suit. 20. He submitted that in the absence of a relief sought for declaration of title in the suit land as was found by the trial Court......fendant No. 2 for lease illegal, ineffective and not binding upon the plaintiff appears to be misconceived. Right of access to any authority, constitutional or statutory, is basic to a citizen of any jurisdiction. Such right to approach any such authority either by writing or otherwise cannot be den..Category: Property Law | Date: | Hits: 32
Mahbubul Alam (Md.) Vs. Bangladesh and Others, 2006, 35 CLC (HCD)
....ase, the Rules in Writ Petition No. 2711 of 2004 and Writ Petition No.2560 of 2004 are hereby discharged without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 205. ......ase, the Rules in Writ Petition No. 2711 of 2004 and Writ Petition No.2560 of 2004 are hereby discharged without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 205. ......ase, the Rules in Writ Petition No. 2711 of 2004 and Writ Petition No.2560 of 2004 are hereby discharged without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 205. ..Category: Civil Law | Date: | Hits: 67
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