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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. ......l disposal of the Partition Suit No. 8 of 1999 which was pending before the Court of the Subordinate Judge, 1st Court, Sadar, Mymensingh. It has been stated that the Court below committed an error of law in staying further proceeding of the SCC suit on the ground of a partition suit pending between ..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. ...... days in preferring Criminal Appeal No. 86 of 2005 pending before the learned Sessions Judge Munshiganj is condoned. 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 (..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.......it 1 and the first information report marked as Exhibit 1. In cross-examination she stated that accused Mozam and Akam were her husband and debor respectively. Accused Khorshed was her local uncle-in-law. Accused Mazid and Alek were her neighbours. Prior to occurrence Kabil, elder brother of her hus..Category: Criminal Law | Date: | Hits: 82
Category: Fiscal/Taxation Law | Date: | Hits: 63
Category: Property Law | Date: | Hits: 27
Surajmal Ram Prasad Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....ented the appeal before the Appellate Joint Commissioner of Taxes. 11. We find from the order of the Taxes Appellate Tribunal that DN was served on 10-81999 only. It however, noted the above provision of sub-section (3) that Appellate Joint Commissioner of Taxes could admit an appeal presen......f the assessee and not on merit by its order dated 9-22002. 5. Against the order of the Taxes Appellate Tribunal, above two reference applications were made and following common questions of law referred to this Division for determination: (1) Whether, in the facts and circumstances ..Category: Fiscal/Taxation Law | Date: | Hits: 63
Puspak Kumar Roy and another Vs. Eldrin Khan and others, 2005, 34 CLC (HCD)
....্ত বিক্রয়কে সাত বৎসর মেয়াদি খাইখালাশী বন্ধক হিসেবে ঘোষণা করিবে।" 14. From the above provisions of law it is clear that to get the aid of the Ain the land transferred must be within 1 a......ক্রয়কে সাত বৎসর মেয়াদি খাইখালাশী বন্ধক হিসেবে ঘোষণা করিবে।" 14. From the above provisions of law it is clear that to get the aid of the Ain the land transferred must be within 1 acre and the va..Category: Property Law | Date: | Hits: 34
Category: Employment/Service Law | Date: | Hits: 67
Anwara Begum Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....e house in question at any point of time, It is further stated that the Government promulgated the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (Ordinance No. 54 of 1985) making provisions for publishing a list of the abandoned buildings and the petitioner, to her utter surpris...... exclude House No. 29-A/A Second Colony/Mirpur), Dhaka (Kha 36) from the list of Abandoned Buildings as published in the Ka list dated 28-4-1986 should not be declared to have been passed without any lawful authority and is of no legal effect and or pass such other or further order or orders as to t..Category: Property Law | Date: | Hits: 40
Abdul Karim and others Vs. Court of Settlement and others, 2007, 36 CLC (HCD)
....lieved, 9. The petitioners were not served with a notice for surrendering the property before inclusion in the 'Kha' list of abandoned property and thereby it did not comply with the mandatory provision under Ordinance No. 54 of 1985. 10. The petitioners have annexed the death certific......gladesh, Segunbagicha, Dhaka, in Case No. 172 of 1995 (Kha-42, Block-D, Mohammadpur) of House No. 1/15, Block-D, Mohammadpur, Dhaka shall not be declared to have been published and passed without lawful authority and is of no legal effect and why the respondent No. 2 should not be directed to ex..Category: Property Law | Date: | Hits: 33
Nazir Ahmed Vs. Md. Amin Mia and anothers, 2007, 36 CLC (HCD)
....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. ...... any ingredients of offence of criminal breach of trust attracting sections 406/420 of the Penal Code and it appears that the learned trial Court passed the moral conviction which is not warranted by law. Evidently, the trial Court as well as the appellate Court failed to appreciate the evidence o..Category: Criminal Law | Date: | Hits: 40
Syed Ziaul Hasan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....tery. 3. The respondent No. 3, The Chairman, National Board of Revenue, has filed affidavit-in-opposition contending, inter alia, that the SRO No. 159 Ain/2005/450/(Mushak) was issued under the provision of VAT Act, 1991 and the Finance Bill 2005 was placed before the Parliament on 9-6-2005 an......he petitioners pursuant to the SRO No. 159-Ain/2005/450/ MUSAK dated 9-6-2005 issued by the respondent No. 4 so far as it relates to the petitioners should not be declared to have been issued without lawful authority and is of no legal effect and why the respondent No.6 should not be directed to sup..Category: Fiscal/Taxation Law | Date: | Hits: 131
Abdul Alim Vs. Biswajit Dey and another, 2007, 36 CLC (HCD)
....ee bank, (iv) giving notice in writing to the drawer of the cheque demanding payment of the cheque amount and (v) failure of the drawer to make payment within 15 days of receipt of the notice. As per provisions of sections 177, 178, 179 and 180 of the Code of Criminal Procedure if the aforesaid five......owdhury, learned Advocate appearing for the accused petitioner, submits that the entire transaction was made at Dhaka, as such, the initiation of the proceeding at Chittagong is not permissible under law. 5. The submissions made is not sustainable either in law or on the facts of the given ca..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 . ...... impugned judgment and order. 11. Mr. M Enayetur Rahim, learned Advocate appearing on behalf of the vendor, submitted that the court of appeal below committed serious error on both fact and in law in finding that the vendor did not get back possession of the land transferred and upon such wro..Category: Property Law | Date: | Hits: 28
Khalilur Rahman Vs. State, 2007, 36 CLC (HCD)
....aw, and that the Magistrate also did not make a memorandum after recording the confession. In the facts of the given case, a Division Bench of this Court held that the requirement of adherence to the provisions of section 164(3) of the Code of Criminal Procedure was not a mere matter of form but one......nd 302/109 of the Penal Code. 3. Mrs. Nur-un-nahar (PW 1) narrated the prosecution case, which is as follows: On the night following 1-9-84 the informant's husband Habibur Rahman and father-in-law Ali Akbor Fakir were killed. At around 1-00/1-30 AM the dacoits entered into her house. One daco..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. ......opposite party No. 1 Shafiul Alam of the case. 5. Mr. Bazlur Rahman Chhana, learned Advocate appearing for the petitioner, submits that the learned Additional Sessions Judge has committed error of law in according permission for withdrawal from the prosecution of the accused-opposite party No. 1,..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. ......, he was constrained to institute Other Suit No. 33 of 2000 for perpetual injunction against them. 13. In his written statement, Mohiuddin also contended, in brief, that Mohammed Solaiman, who was lawful owner in possession of the suit premises, was his distant relation. Solaiman on 5-1-69 transf..Category: Property Law | Date: | Hits: 35
Shahella Chowdhury Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
....465.00 for concealment of income under section 128 of the Ordinance, that is, two and half times of the reassessed income. 14. To understand the purport of impugned orders, we need to read certain provisions of the Ordinance. Section 93 of the Ordinance empowers the Deputy Commissioner of Taxes t......ot 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 unauthorised orders of the Deputy Commissioner of Taxes. 10. He al..Category: Fiscal/Taxation Law | Date: | Hits: 69
Dhaka City Corporation and others Vs. Shamsur Rahman and others, 2007, 36 CLC (HCD)
....ring with peaceful possession of the plaintiff in the suit land, in any way, as prayed for. Send down the records, at once. Ed. This Case is also Reported in: 59 DLR (2007) 207. ......le 'Kha' land, the plaintiff was not required to seek declaration of title and the suit instituted for declaration that the RS record of rights as prepared and published was wrong was maintainable in law. In support, he cited Sarashijaksha Chatterjee and others vs. Karpor Kamini Devi and others, AIR..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. ......1 & 2560 of 2004. Judgment Nozral Islam Chowdhury J.- These two writ petitions being Writ Petition No. 2711 of 2004 and Writ Petition No. 2560 of 2004 involve common question of law to be decided by this court, Therefore, we feel it proper to dispose of both the writ petitions ..Category: Civil Law | Date: | Hits: 67