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Nibash Chandra @ Chinu Vs. Dipali Rani and another, 1999, 28 CLC (HCD)
....of P.W.s particularly of P.W.1 complainant having not been pointed out to the accused of the present case during 342 Cr.P.C. statement he is likely to be gravely prejudiced in his defence. In view of facts, circumstance, evidence on record and in view of the above decisions cited from the Bar, the c......t down at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 87.......Barai and P.W. 5 is Parbati Charan Sarker. P.W.s were duly cross examined by the defence accused who examined no D.W. 342 Cr.PC statement of accused was recorded and kept with the record. 4. Upon evidence trial Court found the accused Nibash Chandra Sarker @ Chinu Sarker guilty under section 4 D..Category: Family Law | Date: | Hits: 175
American Express Bank Limited Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....d particulars, the same cannot be reopened for the purpose of re-assessment claiming the returns were submitted showing under assessment. He lastly submitted that since there was no non-disclosure of facts, the respondent no. 3 was not entitled to serve a notice invoking power under section 93 of In......ion (Special Original Jurisdiction) Present: MM Ruhul Amin J Md. Munsurul Hoque Chowdhury J American Express Bank Limited……Petitioner Vs. Chairman, National Board of Revenue and others ……………………Respondents Judgment July 31, 2001. Lawyers involved: ...... impugned letter dated 22-6-1998 of the respondent No.3 reopening income tax cases of the petitioner for six years from 1992-93 to 1997-98 (Annexure-1) and the continuation of the said proceedings as evidenced by notices of respondent No.3 dated 16-7-1998 (Annexure-k, k1, k2, k3, k4, and k5) shall n..Category: Fiscal/Taxation Law | Date: | Hits: 132
....sion we are of the opinion that the Rule is liable to be discharged. In the result the Rule is discharged. There will he no order as to cost.
Ed.
This Case is also Reported in: 54 DLR (2002) 1.
...... Original Jurisdiction)ar
Present:
Syed Amirul Islam J
AKM Shafiuddin J
SA Coconut Mills Ltd…….……………Petitioner
Vs.
Government of the People’s Republic of Bangladesh and Others………. Respondents
Judgment
August 23, 2001.
Cases Referred to-
Talekhal ......Revenue extended the facilities to Industries having a paid up capital of 10 crore Takas or more. So, when the respondent No. 5 issued the letter dated 23-9-1997, requesting the petitioner to furnish evidence that it had a paid up capital of 10 crore takas, she was not acting arbitrarily or capricio..
Category: Fiscal/Taxation Law | Date: | Hits: 108
Delwar Hossain Sowdagar Vs. State, represented by the Deputy Commissioner, 2002, 31 CLC (HCD)
....there is a claim and counter claim between the parties this criminal case should not be allowed to proceed otherwise it would amount to an abuse of the process of Court. 8. Regard being had to the facts and circumstances, the submission of the learned Advocates, the materials on record and in the......gar……………Accused‑Petitioner Vs. State, represented by the Deputy Commissioner………………Opposite Parties Judgment August 7, 2002. Case Referred To- Syed Ali Mir and another Vs. Syed Omar Ali and another, 1990 BLD (AD) 168. Lawyers Involved: Abdul Matin K......tive claims in the civil Court. In that view of the matter the impugned proceedings are quashed. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 55 DLR (2003) 5. ..Category: Civil Law | Date: | Hits: 83
....e respondents No.1-2. They have denied that the petitioner was removed at their instance. However, they maintain like the respondent Nos.1-2 that the removal of the petitioner was justified under the facts and circumstances of the case and that the impugned memo did not carry any stigma on the petit......pecial Original Jurisdiction)
Present:
Mainur Reza Chowdhury J
M A Aziz J
Borhan Uddin (Md), Advocate………………………..Petitioner
Vs.
Secretary, Ministry of Law, Justice and Parliamentary Affairs and others………Respondents
Judgment
June 29, 1999.
Case Refe......val of the petitioner is illegal and without any lawful authority.
The Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 81...
Category: Employment/Service Law | Date: | Hits: 108
Sonali Bank and another Vs. Md. Harun, 1999, 28 CLC (HCD)
....s the definite case of the plaintiff that this has resulted in the loss to the plaintiff for which he had to institute the present suit. From the perusal of the evidence on record and considering the facts and circumstances of the case the trial Court found that the mill had to be closed down due to......se is also Reported in: 52 DLR (HCD) (2000) 75.......o have been sustained by the plaintiff in running the industry and for avoiding the repayment of the bank’s loan the present suit has been filed. 5. Both the parties adduced oral and documentary evidence in support of their respective cases. The learned Subordinate Judge then by his judgment da..Category: Civil Law | Date: | Hits: 72
....e materials on record we find no substance in the contention that 2.5% supplementary duty was charged from the petitioner once on the import and then on the sale of milk powder by it.
In the above facts and circumstances we find no merit in this Rule.
In the result, the Rule is discharged with......sion
(Special Original Jurisdiction)
Present:
Kazi Ebadul Hoque J
Md. Muzammel Hossain J
Shah Dairy Products Limited………………Petitioner
Vs.
Commissioner, Customs, Excise and VAT Chittagong and others………………Respondents
Judgment
June 7, 1999.
Cases Re......ued at the instance of the petitioner Shah Dairy Products Ltd., calling upon the respondents to show cause as to why imposition of supplementary duty on the import of milk powder by the petitioner as evidenced by Ex-Bond Bills of Entry No.C69121 dated 2-7-98 and No.C676646 dated 8-7-98 No.C70199 dat..
Category: Fiscal/Taxation Law | Date: | Hits: 93
Sk Abul Kashem Vs. Abdus Samad Biswas, 1999, 28 CLC (HCD)
....on 115 of the Code of Civil Procedure is directed against an order passed by District Judge, Magura in Title Appeal No.52 of 1996 rejecting the application for withdrawal of the case. 2. The short facts relevant are that, the petitioner being plaintiff instituted the Title Suit No.10 of 1991 in t......al Saha J Sk Abul Kashem…………………..Petitioner Vs. Abdus Samad Biswas…………………Opposite Party Judgment May 11, 1999. Case Referred To- Md. Badaruddin Moral and others Vs. Santosh Kumar Sen and others, 41 DLR (AD) 156. Lawyers Involved: Nitai Roy Ch...... to costs. The order of stay granted earlier by this court is hereby vacated. Communicate this order to the court below at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 70. ..Category: Property Law | Date: | Hits: 30
....petitioner for amendment of the petition dated 7-9-97 for reading the name of the vendor of the Kabala as Begum Nessa Bibi instead of Jabun Nessa and that this petition was allowed and taking all the facts into consideration and also the record of the abandoned property including the documents of ti......so Reported in: 52 DLR (HCD) (2000) 67.......f Public Works and Urban Development for information at once.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 67...
Category: Property Law | Date: | Hits: 28
Bangladesh Vs. Md. Moazzem Hossain Bhuiyan and Others, 2009, 38 CLC (AD)
....s formed with Engineer M. Anwarul Islam as President, for forming a regular governing body for the Uttara High School and College as per the regulations. 4. The High Court Division considering the facts and circumstances of the case and the submissions of the learned Advocates appearing for the...... Bangladesh, Represented by the Secretary, Ministry of Education, People's Republic of Bangladesh, Bangladesh Secretariat, Ramna, Dhaka…………….Petitioner Vs. Md. Moazzem Hossain Bhuiyan and Others……………………The Respondents Judgment December 17, 2009. Lawyers Invol......sident of the 2nd Ad-hoc Governing Body. Thus we do not find any merit in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 65. ..Category: Civil Law | Date: | Hits: 81
Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)
....hose rules. The petitioners were found unfit due to their own fault and defects and, as such, they were not allowed to appear at the Viva-voce Examination. The writ petition is based on distortion of facts and, as such, the Rule is liable to be discharged. 8. The petitioners filed an Affidavit-in...... Ed. This Case is also Reported in: 59 DLR (2007) 182. ......ss. The learned Advocate for the petitioners contends that the petitioners on the oral instructions of the respondent No. 1 PSC obtained provisional certificates issued by the Muktijoddha Sangshad as evidenced by Annexure-G series excepting Annexures-C3, C5 and C1O and the respondent No. 1PSC being ..Category: Employment/Service Law | Date: | Hits: 134
AMC Bennett and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....ist Annexure D, pending disposal of the applications of the petitioners for rehabilitation plots of Mouza Bailjuree corresponding to Sector 11 of the Uttara Residential Model Town. 2. The material facts for disposal of this Rule are, that the petitioner's predecessor's lands were requisitioned an......and). Ed. This Case is also Reported in: 59 DLR (2007) 178.......petition seems to be frivolous and without any substance. Accordingly, the Rule is discharged with cost of Taka 15,000 (fifteen thousand). Ed. This Case is also Reported in: 59 DLR (2007) 178...Category: Property Law | Date: | Hits: 34
Kadam Ali Bhuiyan (Md) Vs. Begum Saheda Nur, 2007, 36 CLC (HCD)
....ously found that the existence of pathway was not identifiable for want of particulars. 15. Only issue that is facing me is, as to whether the court of appeal below was justified in the facts and circumstances of the case and the evidence on record in dismissing the suit. 16. ......ur……………………..Opposite-Parties Judgment February 15, 2007. Result: The Rule is made absolute Right to easement If a pathway is used for egress and ingress from his (her) land by anybody for more than twenty years as an easement, nobody or auth......earned Advocate took me through the record and submits that existence of the pathway would be found in Exhibit 1 and was not denied in the written statements of the defendants and proved by oral evidence of the plaintiff's witnesses and the court of appeal below without considering those eviden..Category: Property Law | Date: | Hits: 30
Tahera Begum and others Vs. First Court of Settlement and others, 2006, 35 CLC (HCD)
....eems to be unwarranted, because the Settlement Court cannot go beyond the jurisdiction as provided under PO 16 and its rules, provision and subsequent amendments. 15. In view of the aforesaid facts and circumstances and having regards to the submissions made by the learned Counsels of both......s Case is also Reported in: 59 DLR (2007) 173. ......ly included in the 'kha' list of the abandoned buildings. In the result, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 59 DLR (2007) 173. ..Category: Property Law | Date: | Hits: 29
AVP, Uttara Bank Ltd. Vs. Shahabuddin Khan and others, 2006, 35 CLC (HCD)
.... dismissing the appeal and affirming the judgment and decree dated 16-3-1999 passed by the Senior Assistant Judge, Gafargaon, Mymensingh in Other Suit No. 53 of 1994 decreeing the suit. 2. The facts leading to the issuance of the Rule, in brief, are that the opposite party No. 1 as a plaintif......rt High Court Division (Civil Revisional Jurisdiction) Present: AKM Fazlur Rahman J AVP, Uttara Bank Ltd. ............Petitioner Vs. Shahabuddin Khan and others...………Opposite-Parties Judgment June 27, 2006. Cases Referred T......rdinate staffs under him and that he had no managerial, administrative or supervisory power. 7. At the trial six PWs and three DWs were examined. Besides this, both sides adduced documentary evidence. The learned Senior Assistant Judge on consideration of the evidence on record decreed the ..Category: Employment/Service Law | Date: | Hits: 69
Torab Ali (Md) Vs. Government of the People's Republic of Bangladesh and Others, 2005, 34 CLC (HCD)
....pon the Government. But from the discussions above it is found that the lower appellate Court made such finding arbitrarily which is not at all based on evidence on record. 14. Considering the facts, circumstances, evidence and the submissions of the learned Advocates of both the sides I find......Civil Revisional Jurisdiction) Present: Afzal Hossain Ahmed J Torab Ali (Md) …………………..Petitioner Vs. Government of the People's Republic of Bangladesh and Others……………Opposite-Parties Judgment January 10, 2005. Case Refer......r is good service on the Government. This view also finds support from the decision in the case of Government of Bangladesh vs Ramananda Sarker reported in 54 DLR (AD) 35. 11. Considering the evidence of PW 1 and Exhibit Kha series as discussed above I am inclined to hold that the plaintiff-..Category: Property Law | Date: | Hits: 32
Continental Traders Vs. Bangladesh Textile Mills Corporation and others, 2006, 35 CLC (HCD)
....ore, dismissed. 23. The respective parties are directed to bear their respective costs. Send down the LC Records at once. Ed. This Case is also Reported in: 59 DLR (2007) 151. ......diction) Present: Mir Hashmat Ali J Md. Fazlur Rahman J Continental Traders………………..Defendant-Appellant Vs. Bangladesh Textile Mills Corporation and others……………..Respondents Judgment November 9, 2006. Cases Referre......tiff recoverable from the defendant on account of short delivery of goods or damage of the goods. If so, to what extent? 4. To what relief, if any, are they entitled? On considering the evidence and materials on record, the trial Court decreed the suit by its judgment and decree date..Category: Civil Law | Date: | Hits: 87
Mirzaboo Steels Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
.... petitioner Company has acquired a vested right on the basis of Bangladesh Bank memo mainly considered the ground of discrimination under Article 27 of the Constitution. Keeping this view in mind and facts and circumstances of these cases as referred above by the learned Advocate for the petitioner,......rt High Court Division (Special Original Jurisdiction) Present: MH Haider J Farah Mahbub J Mirzaboo Steels Ltd…………….Petitioner Vs. Government of Bangladesh and others......Respondent Judgment December 13, 2006. Result: The Rule is discharged w......scharged. In the result, the Rule is discharged without any order as to costs. The stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 141. ..Category: Civil Law | Date: | Hits: 133
Abul Kalam (Md.) Vs. Md. Habuluddin and others, 2007, 36 CLC (HCD)
....he Additional District Judge at Sherpur in Civil Revision No. 16 of 2005, which reversed the order of the Election Tribunal calling for election materials for recounting of the votes. 2. Short facts for disposal of the Rule are that the election of Nokia Paurashava in the District of Sherpur ......eme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Abul Kalam (Md.).............Petitioner Vs. Md. Habuluddin and others…………Opposite-Parties Judgment February 19, 2007. Cases Refer......filing a written objection denying all the allegations. 4. The petitioner and the opposite parties both examined three witnesses each in support of their respective cases. After closure of the evidence at the trial of the case, the Election Tribunal fixed 8-5-2004 for arguments. 5. T..Category: Election Law | Date: | Hits: 99
Monir Hossain Vs. Artha Rin Adalat No.4, Dhaka & others, 2010, 39 CLC (AD)
.... directed against the judgment and order dated 20th April, 2009 of a Division Bench of the High Court Division in Writ Petition No. 10926 of 2006 discharging the Rule as not maintainable. 2. Short facts stated in the Writ Petition are that the respondent No. 2 instituted Title Suit No. 77 of 2000......nstructed by Mvi. Md. Wahidullah, Advocate-on-Record- For Respondent No. 2. Not represented- Respondent Nos.1, 3-10. Civil Petition for Leave to Appeal No. 1101 of 2009. (From the judgment and order dated 20.04.2009 passed by the High Court Division in Writ Petition No.10926 of 2006.) ...... to consider that plaintiff must prove its case whether the matter is heard in ex parte or on contest and in the instant case, the ex parte decree having been passed suo moto in the absence of proper evidence and materials, the High Court Division ought to have interfered with the ex parte decree. ..Category: Civil Law | Date: | Hits: 78
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