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BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....as such, are not barred by either SRA 1860 or any other law, rule or regulation for the time being in force. BRAC was given permission to sponsor BRAC Bank Limited fully in accordance with all the relevant provisions of law. Their further case is that the writ petitioner has failed to identify a......se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ......bsp; BRAC and others ……………….………Appellants ......declared is called the instrument of trust. This section also provides meaning of word registered. Under this law registered means registered under the law for the registration of documents for the time being in force. This means that if it is a registered trust then this must b..Category: Constitutional Law | Date: | Hits: 199
Commissioner of Taxes, Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, 2002, 31 CLC (AD)
....t-company had disclosed loss for the assessment years 1976-77, 1977-78 and 1978-79 and the same was disallowed by the Deputy Commissioner of Taxes under section 10(2)(X).” 2. The relevant facts of the cases are that the respondent Ujala Match Factory Dhaka filed income tax ret...... The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 23. ...... Sections 10(2)(X) & 16(2)(XVI) Since the respondent assessee paid the bonus to the employees as per direction of the Government under the provisions of the above Ordinance and Notification, the question of earning profit for payment of bonus, does not arise…&helli...... The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 23. ..Category: Fiscal/Taxation Law | Date: | Hits: 66
Akbar Hossain (Md) Vs. MD, Agrani Bank and others, 2002, 31 CLC (AD)
....und of misapplication of certain decision cited to hold that the suit is not maintainable with principle that the petitioner’s service is guided by master servant rule. Omission to place the relevant decision at the hearing or at the appeal is not mistake or error apparent on the face of t...... In view of the above, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 21. ...... Akbar Hossain (Md)…………………………. Petitioner Vs. MD, Agrani Bank and others ………………Respondents Judgment ...... In view of the above, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 21. ..Category: Employment/Service Law | Date: | Hits: 83
Khairullah (Md) Vs. ADC (Revenue) and another, 2001, 30 CLC (AD)
.... Court Division in exercising the discretion. There is therefore no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 13. ......y Commissioner, Thakurgaon a letter was sent to the Deputy Attorney General, Rangpur Bench for filing a revision which was received on 17-11-1985. Thereafter the Deputy Attorney-General found certain papers missing which were sent to him along with Vokalatnama and cost on 20-11-1985. The Deputy Atto......ivil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Fazlul Karim J Khairullah (Md)………………….Petitioner Vs. ADC (Revenue) and another…………. Respondents. Judgment May 24, 2001. Result: The Petition is d...... Court Division in exercising the discretion. There is therefore no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 13. ..Category: Procedural Law | Date: | Hits: 121
Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)
..... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ......uction sale, as in the instant case, by a person having no interest in the land sold or in any respect interest of the Respondent Nos. 1 and 2 was affected by the auction sale. It appears from the papers on record that the Revenue authority was of the view that there was no existence of Certific...... Present: Md. Ruhul Amin J Md. Tafazzul Islam J Md. Marfat Ali Miah being dead his legal heir: Firoj Ahammad Bhulu.....Appellant Vs. Sree Jagadish Chandra Sheel and others....................................... Respondents Judgment ....... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 77
M/S. Noor Crokaries and another Vs. Islami Bank Bangladesh Ltd. and others, 2006, 35 CLC (AD)
....ourt Division has rightly passed the impugned order and no interference is called for. In the aforesaid, premises, we find no merit in this petition and accordingly, it is dismissed. Ed. ......ndant-petitioner No.2 was that the defendant-petitioner No.2 never opened any account with the plaintiff-Bank and did not submit any photo to the said Bank and also did not put his signature on any papers and documents. The further case of said defendant was that the trade licence produced by th......vision (Civil) Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karirn J Syed J. R. Mudassir Husain J Abu Sayeed Ahamed J M/S. Noor Crokaries and another................................ Petitioners Vs. Islami Bank Bangladesh Lt......oner No.2 was that the defendant-petitioner No.2 never opened any account with the plaintiff-Bank and did not submit any photo to the said Bank and also did not put his signature on any papers and documents. The further case of said defendant was that the trade licence produced by the plaintiff-..Category: Banking Law | Date: | Hits: 120
Md. Yousuf Ali Vs. Kazi Syed Shamsul Hoque and others, 2006, 35 CLC (AD)
....of the said area and as such the High Court Division correctly decided the case declaring his appointment as illegal. 9. To examine the bone of contention between the parties let us examine relevant Rule of Muslim Marriage and Divorces (Registration) Rules 1995 which runs as follows :- ......n cannot be sustained and so the appeal should be allowed. 22. The appeal is, therefore, allowed. In the facts and circumstances we direct the parties to bear their own costs. Ed. ......r Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Yousuf Ali ..........................................Appellant. Vs. Kazi Syed Shamsul Hoque and others...........Respondents. Judgment 30 January 2006. Cases Referred To......n cannot be sustained and so the appeal should be allowed. 22. The appeal is, therefore, allowed. In the facts and circumstances we direct the parties to bear their own costs. Ed. ..Category: Constitutional Law | Date: | Hits: 178
A. R. A. Jute Mills Limited Vs. Janata Bank and others, 2006, 35 CLC (AD)
....and as such the petitioner's grievance regarding order dated 15.03.2001 also has got no leg to stand. 22. In course of hearing the learned Counsel for the respondent No.1 placed before us a relevant decision in the case of Idris Miah Vs. Bangladesh and others reported in 10 BLC (200......t the High Court Division correctly decided the matter and as such it does not call for our interference. 24. In view of the discussion made above, the petition is dismissed. Ed. ......mmad Fazlul Karim J M. M. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J A. R. A. Jute Mills Limited….......Petitioner Vs. Janata Bank and others........ Respondents Judgment 5 January, 2006 Case Referred To- ......inst the petitioner stating, inter alia, that the petitioner availed c.c. hypothecation’ and c.c. pledge' loan facilities/limits of the plaintiff bank in 1982-83 on execution of charge documents and 'Letter of Guarantee' and also executed mortgage deeds, relating to immova..Category: Banking Law | Date: | Hits: 121
Category: Fiscal/Taxation Law | Date: | Hits: 85
Md. Ashaduzzaman Vs. Bangladesh, 2006, 35 CLC (AD)
....t No. 4) and the matter is pending before the superior Court and thus "we do not find that there exists such a clear case capable to be decided at the micro level on the interpretation of the relevant law." 6. Mr. Huq next submits that only because a Money Suit is pending agains......e heard Dr. M. Zahir, the learned Counsel for the petitioner and Mr. Rafique-Ul-Huq, the learned Counsel for respondent No.4 and perused the judgment of the High Court Division and other connected papers. 4. The High Court Division while summarily rejecting the writ petition observed that......uhul Amin J Amirul Kabir Chowdhury J Md. Ashaduzzaman................ Petitioner. Vs. Bangladesh, representedby the Secretary, Ministry of local Government, Engineering and Rural Development Bangladesh, Secretariat, Ramna, Dhaka and others………...........pal amount he borrowed from the Bank. In the above facts and circumstances of the case, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. ..Category: Election Law | Date: | Hits: 120
Md. Saifur Rahman Emam Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....ering the facts and circumstances of the case, we do not find any cogent reason to interfere with the judgment of the High Court Division. 8. Accordingly the petition is dismissed. Ed. ......trict-Patuakhali scheduled to be held on 05.04.2006. The nomination paper of the writ petitioner was declared invalid by the Returning Officer on the ground that he is a bank loan defaulter, as per papers submitted before the Returning Officer by the Manager, Rupali Bank Limited, Debuapur Branch,...... Arnirul Kabir Chowdhury J Md. Saifur Rahman Emam................. Petitioner Vs. The Government of Bangladesh, represented by the Secretary, Ministry of Local Government and Rural Development, Bangladesh Secretariat, Ramna, Dhaka & others .............Respondents ......ering the facts and circumstances of the case, we do not find any cogent reason to interfere with the judgment of the High Court Division. 8. Accordingly the petition is dismissed. Ed. ..Category: Election Law | Date: | Hits: 119
Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)
....on having its principal office at Chittagong filed an application under Order 7, Rule 10 read with section 20 of the Code of Civil Procedure contending that principal office of the Corporation at the relevant time was at Chittagong and that cause of action also arose at Chittagong where the goods we......ve and not binding upon the plaintiff, that the documents on the basis whereof decree in the Artha Rin Adalat case obtained were collusive, forged, fabricated and that the signature appearing in the papers were not of the plaintiff and as such a decree may be passed that the plaintiff, i.e. Appell......nt: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Md. Habibur Rahman.........................Appellant. Vs. M/S. Uttara Bank Ltd., represented by its Managing Director and others….…… Respondents Judgment July 31, 2005. Result: The appeal is dismiss......e Artha Rin Adalat case and the proceedings of the Execution case initiated in the light of the decree of the Artha Rin Adalat case are illegal, collusive and not binding upon the plaintiff, that the documents on the basis whereof decree in the Artha Rin Adalat case obtained were collusive, forged,..Category: Civil Law | Date: | Hits: 130
Com. of In. Tax, Dacca Zone, Dacca Vs. M/S. Badridas Full-chand, Saidpur, Rangpur, 1981, 10 CLC (AD)
....urt Division observed that "the two Indian cases clearly show that the Indian law on the subject is quite different in the sense that sub-sections (3) and (4) of section 26A which are the relevant provisions providing for renewal are not there in the Indian Act". The case of C......eal is allowed. The judgment of the High Court Division is hereby set aside and the answer of the question under section 66 (1) must be in the negative. There will be no order as to costs. Ed. ...... Shahabuddin Ahmed J Commissioner of Income Tax, Dacca Zone, Dacca ……………………..Appellant. Vs. M/S. Badridas Full-chand, Saidpur, Rangpur... ………………………&he......ces under sections 22(4) and 23(2) of the Income-tax Act but there was no compliance with these notices. 11. Section 22(4) provides for notice to produce account books and other documents which will be required by the Income-tax Officer. Notice under section 23(2) can be serve..Category: Fiscal/Taxation Law | Date: | Hits: 76
Udaypur Halima Darul Ulum Madrasha and others Vs. Bangladesh, 1981, 10 CLC (AD)
.....S. on the basis of licence granted for the previous year. It was contended by the appellant that the application for lease for the year 1380 B.S. was rejected on an erroneous view of the relevant provisions of the statute. The learned Judge of the High Court Division refused to g......ust succeed. Therefore, the appeal is allowed and the order of the High Court Division is set aside. Let the Government proceed in accordance with law. We make no order as to costs. Ed. ...... ......ust succeed. Therefore, the appeal is allowed and the order of the High Court Division is set aside. Let the Government proceed in accordance with law. We make no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 93
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....s of waqf, she dedicated the rest of her properties to waqf and appointed the first defendants as the Mutwalli. 3. plaintiffs challenged all the three dispositions on various grounds, but the one relevant for our consideration, in that Sujan Bibi was a pardanashin lady, and she was also old and ......is is a question of fact and hardly arises in this appeal by special leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ...... Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J KM Subhan J Siddique Ahmed Chowdhury & others….....………Appellants Vs. Gani Ahmed and others …………………………..Respondents Judgment. July 18, 1979. The Moha...... so the disposition of property made by her in favour of her grandsons, defendants 1 and 2 in order to be valid, required to be proved by the grandsons that the lady made intelligent execution of the documents, and that in so doing she got independent and disinterested advice. The trial Court held..Category: Property Law | Date: | Hits: 53
Government of Bangladesh Vs. Md. Abdus Subhan &. others, 1979, 8 CLC (AD)
....t to appreciate the contention of the learned Deputy Attorney-General because the learned Judges clearly found that respondent Nos. 1 & 2 were in possession of the premises in question at all relevant times in pursuance of valid agreement for sale and the sale deed was duly executed by the......n of P.O. 16 of 1972 is illegal and as such the provision of M.L.R. VII 1977 has no application. The petition is therefore dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 255.......so Reported in: 32 DLR (AD) (1980) 255.......n of P.O. 16 of 1972 is illegal and as such the provision of M.L.R. VII 1977 has no application. The petition is therefore dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 255...Category: Property Law | Date: | Hits: 67
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....out and out sale with an agreement to reconvey is not a transaction within the ambit of section 95A ; (c) section 95A has no application to a transaction which has been passed and closed before the relevant President's Order was promulgated (d) section 95A cannot be invoked in respect of a trans......ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ...... F. K. M. A Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh………………………… Appellant in all the appeals Vs. Hail Abdul Gani Biswas and others..................Respondents Judgment March 9, 1980. The State Acquisition and T......as 15 years. The effect is that no usufructuary mortgage of the raiyati holding when even created can ensure for a longer period than 15 years and they will be statutorily redeemed. Registration of documents creating a complete usufructuary mortgage for exceeding 15 years or usufructuary mortgage ..Category: Property Law | Date: | Hits: 85
Wahid Ali and ors Vs. State, 1980, 9 CLC (AD)
....e the orders of the High Court and that of the Sessions Judge and direct that the proceedings are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 229 ...... the records which he could not do under the Special Powers Act but could act as a Court of Revision under the Code of Criminal Procedure. When the records came, on seeing the police report and other papers he passed the impugned order.. The last portion of the order clearly shows that after having ...... is also Reported in: 32 DLR (AD) (1980) 229 ......e the orders of the High Court and that of the Sessions Judge and direct that the proceedings are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 229 ..Category: Criminal Law | Date: | Hits: 33
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
....nged circumstances, the question arose whether the decisions of the Martial Law Courts have become amenable to writ jurisdiction of the High Court Division. After careful consideration of all the relevant proclamations and Regulations and enactments and considering all aspects of the question, t......t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ...... Shahabuddin Ahmed, J Nasiruddin …....Appellant Vs. Government of the People's Republic of Bangladesh & ors………….Respondent. Judgement April 14, 1980. The Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (President Order No. 16 of 1972) a......t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ..Category: Constitutional Law | Date: | Hits: 157
Bangladesh and ors Vs. Somboon Asavaham, 1980, 9 CLC (AD)
....t where there is municipal law on an international subject, the national Court's function is to enforce the municipal law within the plain meaning of the statute. We are therefore to look into the relevant municipal laws on the subject. 7. First of all, in Article 143 (1) (6) of the Constituti......e foregoing reasons, the appeals are allowed with costs. The order of the High Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ......980) 194 ......e foregoing reasons, the appeals are allowed with costs. The order of the High Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 246