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Khandakar (Md.) Shahjahan Vs. Md. Atiar Rahman Monshi & others, 2000, 29 CLC (HCD)
....ion of the Union Parishad (Election) Rules. Election Tribunal appears to have directed his approach correctly and properly. But the Election Appellate Judge appears to have misdirected himself in his total approach of the matter and, thus, committed an error in declaring the election of the petition......act circumstances of the case I direct the parties to bear their respective costs. Lower Court’s record be sent immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 275.......ocal Government (Union Parishad) Ordinance, 1983 and rules framed thereunder as Election Appellate Tribunal and the judgment passed by learned Subordinate Judge as Election Appellate Judge is without jurisdiction. Under the definition of District Judge learned 'Additional District Judge’ comes and..Category: Election Law | Date: | Hits: 89
Shahjahan (Md) Vs. State, 2000, 29 CLC (HCD)
....months. Send down the original case record at once with a copy of the Judgment for perusal and necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 268. ......months. Send down the original case record at once with a copy of the Judgment for perusal and necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 268. ......months. Send down the original case record at once with a copy of the Judgment for perusal and necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 268. ..Category: Criminal Law | Date: | Hits: 38
Abdul Samad Gazi Vs. Abdul Khalil Gazi and others, 2000, 29 CLC (HCD)
.... Munsif is hereby affirmed. In the result, the Rule is made absolute but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 53 DLR (2001) 262....... Munsif is hereby affirmed. In the result, the Rule is made absolute but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 53 DLR (2001) 262....... Munsif is hereby affirmed. In the result, the Rule is made absolute but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 53 DLR (2001) 262...Category: Civil Law | Date: | Hits: 94
Dinesh Chandra Deb Vs. Dulal Chandra Karmakar and others, 2001, 30 CLC (HCD)
.... vacated. Let a copy of the judgment be communicated to the learned Senior Assistant Judge concerned. Send down the LC record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 259....... vacated. Let a copy of the judgment be communicated to the learned Senior Assistant Judge concerned. Send down the LC record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 259....... vacated. Let a copy of the judgment be communicated to the learned Senior Assistant Judge concerned. Send down the LC record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 259...Category: Procedural Law | Date: | Hits: 85
Noorjahan Akhter Vs. A Motaleb & ors., 2000, 29 CLC (HCD)
....f Title Suit No.3 of 1983 now pending in the Court of the Subordinate Judge, 2nd Court, Dhaka stands vacated. I make no order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 256.......f Title Suit No.3 of 1983 now pending in the Court of the Subordinate Judge, 2nd Court, Dhaka stands vacated. I make no order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 256.......f Title Suit No.3 of 1983 now pending in the Court of the Subordinate Judge, 2nd Court, Dhaka stands vacated. I make no order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 256...Category: Property Law | Date: | Hits: 113
Star Medical Store Vs. Subordinate Judge, Artha Rin Adalat and other, 2001, 30 CLC (HCD)
....ears by this time. For the reasons and discussions made above, this writ petition does not merit and accordingly it is rejected summarily. Ed. This Case is also Reported in: 53 DLR (2001) 254.......ears by this time. For the reasons and discussions made above, this writ petition does not merit and accordingly it is rejected summarily. Ed. This Case is also Reported in: 53 DLR (2001) 254.......ears by this time. For the reasons and discussions made above, this writ petition does not merit and accordingly it is rejected summarily. Ed. This Case is also Reported in: 53 DLR (2001) 254...Category: Civil Law | Date: | Hits: 93
Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
.... application under Article 102 of the Constitution. The petitioner was appointed as temporary Nikah Registrar for Nos.1-3 wards in Haragach Pourashava under Police Station Kaunia District-Rangpur and total Sarai Union on 23-10-96 by the Government of Bangladesh. But the respondents have curtailed th......e Rules are discharged without any order as to costs. The order of stay granted by this court earlier the above Rules, are hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 237.......f the Muslim Family law. During the pendency of the review petition when he has been functioning as a Nikah Registrar he came to know from a reliable source that ward No. 47 has been taken out of his jurisdiction by an office order passed on 1-7-98 and respondent No.4 has been temporarily appointed ..Category: Constitutional Law | Date: | Hits: 109
Abdul Hamid Chowdhury and others Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....995-96 (Assessment year 1993-94) by the Taxes Appellate Tribunal, Division Bench-1, Dhaka. 5. The original assessee-applicant submitted income tax return for the assessment year 1992-93 showing a total income of Taka 93,916.00 but in assessing the total income of the assessee applicant the DCT e...... the order of the DCT and AJCT in question. On a perusal of the application and the papers annexed herewith it appears that the DCT resorted to estimate the professional income of the assessee in the absence of maintenance of any books of accounts and estimated the gross professional income at Taka ...... Accordingly, we answer both the questions in the negative and in favour of the assessee applicant, however, without any order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 234...Category: Fiscal/Taxation Law | Date: | Hits: 64
Golam Mostafa Vs. Begum Rokeya Khandaker & others, 2001, 30 CLC (HCD)
....f fact also considered evidences and other materials on record and came in full agreement with the decision rendered by learned trial Judge. Ed. This Case is also Reported in: 53 DLR (2001) 232.......f fact also considered evidences and other materials on record and came in full agreement with the decision rendered by learned trial Judge. Ed. This Case is also Reported in: 53 DLR (2001) 232.......f fact also considered evidences and other materials on record and came in full agreement with the decision rendered by learned trial Judge. Ed. This Case is also Reported in: 53 DLR (2001) 232...Category: Property Law | Date: | Hits: 23
Mojibul Haque (Md) Vs. Ataur Rahman and others, 2000, 29 CLC (HCD)
.... of the suit independently. The Rule is accordingly discharged without any order as to costs. The stay order granted by this Court stands. Ed. This Case is also Reported in: 53 DLR (2001) 229.......efendants entered appearance and took several adjournments for filing written objection but no written objection was filed and the injunction matter was fixed on 15-2-1998 and on the said date in the absence of the defendants the learned Assistant Judge allowed the prayer for injunction and an order...... of the suit independently. The Rule is accordingly discharged without any order as to costs. The stay order granted by this Court stands. Ed. This Case is also Reported in: 53 DLR (2001) 229...Category: Administrative Law | Date: | Hits: 146
Mariam Begum Vs. State & another, 2000, 29 CLC (HCD)
....of Criminal Procedure by the learned Sessions Judge. In the result, the Rule is discharged. The stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 226.......of Criminal Procedure by the learned Sessions Judge. In the result, the Rule is discharged. The stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 226.......27, 3 BLD (1983) (AD) 279, that the supervisory power of the High Court Division has been guaranteed under Article 109 of the Constitution of the People’s Republic of Bangladesh and the supervisory jurisdiction of the High Court Division having thus been protected thereunder, the same power cannot..Category: Criminal Law | Date: | Hits: 40
.... from the suit land under the supervision of a Magistrate at the behest of the Dhaka City Corporation. He also submits that the suit as framed for restoration of possession by mandatory injunction is totally misconceived. In the frame of such suit, he submits, ad-interim order of mandatory injunctio......nt Rule obtained by the plaintiff against the order of addition is taken up first for hearing, In support of the Rule; Mr. Khondakar Mahbubuddin Ahmed submits that the Trial Court erred in law in the absence of the plaintiff in allowing the prayer for addition and without giving any opportunity to t......med and instituted Title Suit No. 71 of 1998 for declaration of title and perpetual injunction against the added defendants but the plaint of the suit was on 11-03-98 returned for want of territorial jurisdiction. On 26-04-98 the plaintiff again instituted Title Suit No.115 of 1998 for declaration o..
Category: Civil Law | Date: | Hits: 84
Labu Mia Vs. State, 2001, 30 CLC (HCD)
.... Court as to the action taken against the delinquent Police Officer by his superior authority. Send down the lower Court Records at once. Ed. This Case is also Reported in: 53 DLR (2001) 218. ...... Court as to the action taken against the delinquent Police Officer by his superior authority. Send down the lower Court Records at once. Ed. This Case is also Reported in: 53 DLR (2001) 218. ...... Court as to the action taken against the delinquent Police Officer by his superior authority. Send down the lower Court Records at once. Ed. This Case is also Reported in: 53 DLR (2001) 218. ..Category: Criminal Law | Date: | Hits: 101
Pubali Bank Ltd. Vs. Abdul Jalil Bhuiyan, 2000, 29 CLC (HCD)
....rected to dispose of the execution Case with utmost expediency. Communicate the order of the court to the learned execution court at once. Ed. This Case is also Reported in: 53 DLR (2001) 217.......rected to dispose of the execution Case with utmost expediency. Communicate the order of the court to the learned execution court at once. Ed. This Case is also Reported in: 53 DLR (2001) 217.......he judgment debtor for satisfaction of the decretal dues by installments extending over a period of one year. We are, therefore satisfied that the learned execution court, acted illegally and without jurisdiction in passing the impugned order occasioning failure of justice. 8. We are not unmindfu..Category: Civil Law | Date: | Hits: 92
Dr Wakil Ahmed and ors. Vs. Sufia Khatun and ors., 2000, 29 CLC (HCD)
....of the papers from the Court. Accordingly, this Rule is discharged with the observation as above. There shall be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 214.......of the papers from the Court. Accordingly, this Rule is discharged with the observation as above. There shall be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 214.......of the papers from the Court. Accordingly, this Rule is discharged with the observation as above. There shall be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 214...Category: Procedural Law | Date: | Hits: 90
Titas Gas (T & D) Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....wed by the DCT The Advocate referring to section 3 of Ordinance No 43 of 1985 submits that the assessee-applicant had to pay Jamuna Levy on its interest but that amount has not been deducted from the total income of the assessee company and in doing so the DCT as well as the Tribunal has committed a....... Umar Vs. CIT Bihar reported in 101 ITR 525 wherein it has been held by the Patna High Court that the only two defects found by the Income Tax Officer for rejecting the book profits were that in the absence of cash memos, the sales were not verifiable and that certain transactions were noted in lum......assessee-applicant has not been regularly employed or the method employed was such that the income of the assessee could not be properly deduced therefrom and, as such, he acted illegally and without jurisdiction in rejecting the audited account of the assessee applicant. The learned Advocate furthe..Category: Fiscal/Taxation Law | Date: | Hits: 82
Bangladesh Water Development Board Vs. Contractor, Manu Barrage, 2000, 29 CLC (HCD)
....side. The defendant also appointed an arbitrator. Before the arbitrators, plaintiff placed his claim of Taka 4,16,73,558.85 under different heads plus interest on the said amount at 2,22,00,422.59 in total 6,38,73,980.39. 4. Both the arbitrators on consideration of the claim and counter claim and......,48,00,000.00 in excess in collusion with the employees of the BWDB. In support of such action, no evidence was adduced by the defendant. None of the persons who held the inquiry was examined. In the absence of any evidence, the case of the defendant on overpayment to the plaintiff cannot be accepte......ll realisation. The parties are directed to bear their own respective costs. Send down the record of the case without any further delay. Ed. This Case is also Reported in: 53 DLR (2001) 200. ..Category: Civil Law | Date: | Hits: 132
Motaleb Hossain (Md) Vs. State and another, 2000, 29 CLC (HCD)
.... Magistrate ‘Ka’ Zone, Sirajganj is quashed. The accused petitioner is discharged from his bail bonds. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 198. ...... Magistrate ‘Ka’ Zone, Sirajganj is quashed. The accused petitioner is discharged from his bail bonds. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 198. ...... Magistrate ‘Ka’ Zone, Sirajganj is quashed. The accused petitioner is discharged from his bail bonds. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 198. ..Category: Criminal Law | Date: | Hits: 42
Abdul Wahab Biswas Vs. Abdul Matin Miah & others, 1999, 28 CLC (HCD)
..... The learned District Judge should be careful henceforth in passing orders so that it may not be repeated. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 196........ The learned District Judge should be careful henceforth in passing orders so that it may not be repeated. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 196....... appeal summarily on the date of admission of the appeal is hereby set aside. The Case is sent back on remand to the District Judge for rehearing of the appeal afresh by a court other than his having jurisdiction to hear the same in the light of the observations made above. 22. The learned Distri..Category: Procedural Law | Date: | Hits: 81
Abdul Kader @ Kada and others Vs. State, 2010, 39 CLC (AD)
....e above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 531. ......e. The High Court Division also considered the relationship of the witnesses and in the background thereof considered them as interested witnesses. The said Division also considered the matter of absence of corroboration of the prosecution case by independent and disinterested witness as wel......vision which calls for our reconsideration. The grounds taken in the petition are not relevant for the purpose of the disposal of a review matter. 24. Thus, the Court of review has a limited jurisdiction circumscribed by the definitive limit fixed by the language as above. Thus, the forward..Category: Criminal Law | Date: | Hits: 57
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