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Md. Monzurul Islam Vs. National Board of Revenue and others, 2009, 38 CLC (AD)
....justment with the Yellow Book value which was much higher than the invoice/C & F value. 3. The High Court Division heard the above writ petition analogously with 12 other writ petitions as the facts and points involved in those writ petitions were more or less similar and the High Court Divis...... Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Md. Monzurul Islam.....................................Petitioner Vs. National Board of Revenue and others ..............Respondents Judgment June 24, 2009. Lawyers Involved: Sufia Kha...... Yellow Book value was valid, the High Court Division did not commit any error in discharging the Rule. The petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 211. ..Category: Fiscal/Taxation Law | Date: | Hits: 64
....ppeal is directed against the judgment and order dated 09.11.2004 passed by a Division Bench of the High Court Division in Writ Petition No. 4695 of 2002 making the Rule absolute-in-part.
2. Short facts are that the respondent No. 1 filed the aforesaid writ petition challenging the orders dated 3...... 194.......assessment of the materials on record. There is, therefore, no reason to interfere with the same. The petition is accordingly dismissed.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 194...
Category: Others | Date: | Hits: 92
Mrs. Zinnatul Ara and others Vs. Bangladesh, 2009, 38 CLC (AD)
....Petition for Leave to Appeal No.524 of 2009, in respect of the judgment and order dated 01.02.2009, passed by the High Court Division in Writ Petition No.7492 of 2005, discharging the Rule. 2. The facts leading to the filing of the writ-petition are that the petitioners challenged the legality of......ision (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Mrs. Zinnatul Ara and others...........................Petitioners Vs. Government of the People's Republic of Ba......vision rightly dismissed the Civil Petition for Leave to Appeal. Since no new point is raised, this petition for review is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 185...Category: Civil Law | Date: | Hits: 85
...., a Dubai-based Company, to operate as the latter's licensee and distributor in Bangladesh with a view to operate STAR channels in Bangladesh for a period of three years (Annexure-'A').
3. The facts and issues as arise in this Application straddle a total of three policy and statutory regim......cation under Article 102 of the Constitution a Rule Nisi was issued calling upon the respondent to show cause as to why the respondent should not be direct to grant/issue a "No Objection Certificate" and give registration in favour of the petitioner to allow the petitioner to broadcast, import progr......e observations and direction made above.
Communicate a copy of this judgment to the respondent at once.
There is no order as to costs.
Ed.
This Case is also Reported in: 59 DLR (2007) 131...
Category: Information Technology Law | Date: | Hits: 171
Abdul Malek (Md) and another Vs. Sanowar Hossain and others, 2007, 36 CLC (HCD)
.... co sharer in the land under pre-emption. As such, the case of the pre-emptor should be thrown out. 5. After hearing the parties and on appraisal of the evidence and materials on record and in the facts and circumstance of the case the trial Court dismissed the case on the observation, inter alia......ce. Ed. This Case is also Reported in: 59 DLR (2007) 124. ......r defect of parties. The pre-emptor is not a co sharer in the land under pre-emption. As such, the case of the pre-emptor should be thrown out. 5. After hearing the parties and on appraisal of the evidence and materials on record and in the facts and circumstance of the case the trial Court dismi..Category: Property Law | Date: | Hits: 39
Chairman, RAJUK Vs. Abdul Matin Crore, 2006, 35 CLC (HCD)
...., is directed against the judgment and decree dated 24-11-1998 passed by Mr. Md. Ali Haider, Subordinate Judge, First Court, Dhaka, in Title Suit No. 294 of 1996 decreeing the suit. 2. Short facts leading to this appeal are, that on 26-11-1996 the respondent as plaintiff filed a suit being ......man, RAJUK.........Appellant Vs. Abdul Matin Crore..........Respondent Judgment May 25, 2006. Cases Referred To- Moslem Ahamed Sarker (Md) vs. Abdul Khaleque and others, 50 DLR 616; Safi Ahamed Chowdhury vs. Pubali Bank, 54 DLR 310. Syed Noor Md. Shah vs. Fa......otice as required under section 169 of the Town Improvement Act, 1953 was served to defendant before institution of the suit. Mr. Khan lastly submits that the trial Court failed to weigh and sift the evidence on record as required by law and evidently fell in an error in coming to his ultimate decis..Category: Property Law | Date: | Hits: 31
Muktar Hossain and others Vs. A Matin Sarker and others, 2007, 36 CLC (HCD)
.... of the trial Court by impugned order. 6. By filing an affidavit-in-opposition, Mr. Jafor Alim Khan, learned Advocate for the petitioner, read the agreement and submitted that in view of the facts that the agreement was unregistered and executed by opposite party Nos. 1 and 3 only and not...... Ed This Case is also Reported in: 59 DLR (2007) 116. ......ubordinate Courts are therefore, required to ascertain the intention of the parties in the transaction in the surrounding circumstances and to guard not to be swayed away mechanically by such cheap evidence. There is no scope to accept mechanically the agreement and sale deed together to constitut..Category: Property Law | Date: | Hits: 27
Abul Bashar Sowdagar and others Vs. Bacha Meah & others, 2006, 35 CLC (HCD)
.... In the result, the Rule is discharged without any order as to costs. Sent down the LC record with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 112. ......ase is also Reported in: 59 DLR (2007) 112. ......rigation. This dam will not affect the land of Sailokupa. Out of previous grudge and enmity, the plaintiffs have filed this suit. 5. Both the parties examined witnesses and adduced documentary evidence in support of their respective cases. 6. The trial Court decreed the suit. The conte..Category: Property Law | Date: | Hits: 25
Lokman Hossain @ Md. Lokman Ali (Md) Vs. State, 2003, 32 CLC (HCD)
....nt and his sureties are discharged from their bail bonds. Sent down the LCR along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 109. ......or the State. Criminal Appeal No. 1245 of 1994. Judgment Md. Anwaral Haque J.- This Appeal under section 30 of the Special Powers Act, 1974 (Act XIV of 1974) is directed against the judgment and order dated 12-7-94 passed by the learned Judge of the Special Tribunal & Assistant Sessions......anspires from the trend of examination-in-cross and suggestions put to the PWs, is that he has been falsely implicated in this case at the instance of his local enemies. 7. Considering the evidence including the report of the Chemical Examiner Exhibit 3, the learned Judge of the Tribunal ..Category: Criminal Law | Date: | Hits: 35
Faruq (Md) Vs. State, 2006, 35 CLC (HCD)
....e cross-examination of the prosecution witnesses it appears that the defence case is of innocence and that the accused-appellant has been falsely implicated in the instant case. After considering the facts, circumstances and evidence on record, the learned Tribunal was pleased to convict the appella......State 27 DLR 251; Abul Hossain Master vs. State 44 DLR 159; Iftekhar Hossain Choudhury vs. State 47 DLR 451; Syed Khalilulla Salik vs. Md Rahmat Ullah 49 DLR 16; Abul Kashem vs. State 50 DLR 356, 551 and 515. Lawyers involved: ABM Bayezid, Advocate—For the Appellant. Nikhilesh......pleaded not guilty and claimed to be tried. 4. In this case the prosecution examined as many as 11 witnesses out of 15 charge sheeted witnesses and the defence examined none. On closing of the evidence the appellant was examined under section 342 of the Code of Criminal Procedure where he aga..Category: Criminal Law | Date: | Hits: 27
Nurjahan Begum Vs. Nur Rahman and Others, 2006, 35 CLC (HCD)
....ed 19-6-1948 is genuine one through which the title of the suit land has been passed to defendant No. 1; that the plaintiff has failed to prove her case; that the learned Courts below considering the facts and circumstances of the case and evidence on record correctly passed the judgment and decree;...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: S Rahman Miah J SM Ziaul Karim J Nurjahan Begum………………....Petitioner Vs. Nur Rahman and others……… Opposite Parties Judgment August 28, 2006. Result: The Rule is disch...... the deed of gift dated 19-6-1948 and also failed to prove the fact as to why the said deed of gift was not registered and that both the Courts below have misread, misinterpreted and misconstrued the evidence and did not consider the material evidence on record while passing the impugned judgment an..Category: Property Law | Date: | Hits: 49
State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)
....r as it relates to the prosecution of youthful offenders, since it encompasses the spirit of Article 28(4) of the Constitution. 57. Relevant date for the application of the Act. Although in the facts of the case before us it is not in issue whether or not the accused was a child/youthful offen.................................. Petitioners Vs. Md. Roushan Mondal @ Hashem ……………..Condemned Prisoner Appellant Judgment July 9, 2006. Cases Referred To- Bangladesh Legal Aid and Services Trust and another vs. Bangladesh & others 7 BLC 85 = 2002 BLD 206; Md. Shamim vs. S......he accused under section 6(2) of the Ain. Cognisance was taken by the Judge of the Nari-o-Shishu Nirjatan Daman Bishesh Adalat and Sessions Judge, Jhenaidah. By his order dated 22-1-2001, upon taking evidence and after hearing submissions with regard to the age of the accused, the learned Sessions J..Category: Criminal Law | Date: | Hits: 167
Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)
.... This appeal is directed against the judgment and decree dated 20-11-2002 passed by the learned Joint District Judge, First Court, Dhaka, in Title Suit No. 232 of 1999, decreeing the suit. 2. Short facts leading to this appeal are, that on 12-1-1999 the respondent No. 1 as plaintiff instituted Tit...... This Case is also Reported in: 59 DLR (2007) 66. ......was no valid contract between the plaintiff and the defendant No. 1, so they had nothing to perform. The learned Counsel submits that the learned Judge of the trial Court failed to weigh and sift the evidence on record as required by law and evidently fell in an error in coming to his ultimate decis..Category: Business or Commercial Law | Date: | Hits: 208
Abul Kalam Vs. State, 2005, 34 CLC (HCD)
....the alleged offence. 8. After tarial the appellant was awarded such conviction and sentence. Hence the appeal. 9. No one appears on behalf of the appellant to support the appeal. In view of the facts this is an old case we are inclined to take it up for disposal on merit considering the materi......rney-General—For the Respondent-State. Criminal Appeal No. 422 of 1989. Judgment SM Ziaul Karim J.- By this appeal convict appellant Abul Kalam has challenged the propriety of the judgment and order dated 20-8-1989 passed by the Additional Sessions Judge, Jessore in Session Case No. 108 o......ned 11 (eleven) witnesses, tendered one witness named PW 7, Md. Yunus Ali and defence examined 2(two) witnesses namely DW 1, Daud Dalder and DW 2, Nur Mohammad. 6. After closure of the prosecution evidence the accused on dock was examined under section 342 of the Code of Criminal Procedure, again..Category: Criminal Law | Date: | Hits: 40
..../২০০১/২০০৩/১৮১৮ তারিখ ২০/৯/০৩ (Annexure C) should not be declared to have been passed without lawful authority and is of no legal effect.
2. The short facts of the petitioner's case are, that they were regular students of Patuakhali Government College......
This Case is also Reported in: 59 DLR (2007) 58.
......e said examination for the next consecutive three years is hereby declared to have been passed illegally and without any lawful authority.
Ed.
This Case is also Reported in: 59 DLR (2007) 58.
..
Category: Others | Date: | Hits: 72
AKM Abdul Latif Vs. Banani Metal Limited and others, 1998, 27 CLC (HCD)
....nt No. 2 to the petitioner. 21. It also appears from the award given by the Arbitrator that the petitioner made a complaint against the respondent No. 2 to BSB. The respondent No. 2 explained the facts to the Managing Director of BSB. Thereafter, BSB informed the petitioner vide their Memo No. 2...... ......ey will be seriously prejudiced and suffer irreparable loss and injury and, as such, they are seriously opposing the application for winding up of the respond Company. 25. In view of the foregoing evidence on record which have been annexed to the petition as well as to the supplementary affidavit..Category: Company Law | Date: | Hits: 239
Afzal Khan (Md) Vs. Md. Azmal Khan and others, 2006, 35 CLC (HCD)
....ication filed by the present defendant-petitioner (hereinafter called petitioner) for expunging the deposition of opposite party No. 1 as outside of his original written statement. 2. The relevant facts, in short, are that the opposite party No. 3 (hereinafter called the plaintiff) as plaintiffs ...... High Court Division (Civil Revisional Jurisdiction) Present: Syed Amirul Islam J Sheikh Abdul Awal J Afzal Khan (Md)..............................Petitioner Vs. Md. Azmal Khan and others………………Opposite Parties Judgment February 7, 2006 Cases Referred to- ......to blow hot and cold at the same time. In the case of Abul Kalam Azad vs. Sunhar Ali reported in 46 DLR (AD) 130 it has been observed as follows: "From the materials on record, it appears that the evidence on the side of the plaintiffs having been closed and all the plaintiffs' witnesses having b..Category: Property Law | Date: | Hits: 42
....ee cheque as security deposit in terms of section 42(1) of the Artha Rin Adalat Ain, 2003 and/or such other or further order or orders passed as to this Court may seem fit and proper.
2. Short facts relevant for the purpose of disposal of the Rule are as follows:
The decree holder resp......
Farah Mahbub J
Doly Enterprise & others………………………………………………………………Petitioners
Vs.
Additional District Judge, 1st Court, Dhaka and another…………Respondents
Judgment
October 19, 2006.
Cases Referred To...... as amicus curiae.
Let a copy of this judgment and order be sent to the Court concerned for information and necessary action.
Ed.
This Case is also Reported in: 59 DLR (2007) 37.
..
Category: Civil Law | Date: | Hits: 90
Nantu Mia alias Nandu Mia alias Namdu Miah and others Vs. State, 2006, 35 CLC (HCD)
....njury No. II caused by sharp cutting weapon, appears to have been caused by appellant-Raushan Ali. So he ought to have been convicted under section 324 of the Penal Code. 41. Having considered the facts and circumstances of the case and foregoing narrative we are led to the conclusion that the pr...... This Case is also Reported in: 59 DLR (2007) 30.......m who pleaded not guilty and claimed to be tried. 6. In course of trial the prosecution in all examined 13(thirteen) witnesses and the defence examined none. 7. After closure of the prosecution evidence the accused on dock when examined under section 342 of the Code of Criminal Procedure, they..Category: Criminal Law | Date: | Hits: 44
Shaheen (Md) and ors. Vs. State, 2006, 35 CLC (HCD)
....ারার্থ প্রহণ করিতে পারিবে । ২।................................ ৩।........................................" 35. Having regard to the facts and on consideration of the above provisions of law, we hold that before taking cognisance, Na......his Case is also Reported in: 59 DLR (2007) 23. ......ed under aforesaid charge. 6. In course of trial the prosecution in all produced thirteen witnesses, of them examined eleven witnesses. The defence examined one. 7. After closure of prosecution evidence when appellants were examined under section 342 of the Code of Criminal Procedure they repe..Category: Criminal Law | Date: | Hits: 33
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