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Titas Gas (T & D) Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....he aforesaid questions are common with variation in figures only. 8. Mr. Altaf Hossain, the learned Advocate appearing for the assessee-applicant, submits that the DCT in flagrant violation of the provisions of section 35(3) of the Income Tax Ordinance rejected the book version of the assessee-ap......pplicant. Md. Abdur Rahim Bhuiyan, Assistant Attorney General—For the Respondent. Application Nos. 43, 44. 46, 47 and 48 of 1994. Judgment Syed Amirul Islam J. - As common question of law and facts are involved in these reference applications and the parties being same they are heard..Category: Fiscal/Taxation Law | Date: | Hits: 82
Bangladesh Water Development Board Vs. Contractor, Manu Barrage, 2000, 29 CLC (HCD)
....t is very difficult for us to appreciate the submissions of Mr. Rafiqur Rahman that in view of the arbitration agreement having remained alive, the suit is not maintainable. Moreover, we find no such provisions in the Act barring a suit on the ground of existence of an arbitration agreement. We find......nged the decree passed on the interest calculated by the plaintiff inasmuch as the plaintiff does not have any such right to add interest on the amount claimed in the suit till decision by a court of law. He also submitted that suit was barred by limitation. 14. Mr. Moksudur Rahman, the learned S..Category: Civil Law | Date: | Hits: 132
Abdul Wahab Biswas Vs. Abdul Matin Miah & others, 1999, 28 CLC (HCD)
....this aspect of the matter allowed the appeal on the date fixed for admission of the appeal without giving any chance to the plaintiff to contest the appeal which is absolutely illegal and against the provision of law in this regard occasioning serious failure of justice and liable to be set aside. ......f the matter allowed the appeal on the date fixed for admission of the appeal without giving any chance to the plaintiff to contest the appeal which is absolutely illegal and against the provision of law in this regard occasioning serious failure of justice and liable to be set aside. 10. None ap..Category: Procedural Law | Date: | Hits: 81
Abdul Kader @ Kada and others Vs. State, 2010, 39 CLC (AD)
....testimony of the said witnesses merely because they were related to the deceased and that they were not supported by independent and disinÂterested witnesses. 23. Review as contemplated under the provisions of Rule 1 of Order XXVI of the Supreme Court of Bangladesh (Appellant Division) Rules, 19...... Division is erroneous, that reasons assigned by the High Court Division in acquitting the respondents are mere surÂmises and conjectures and as such the order of the acquittal is not sustainable in law, that considering the time and place of occurrence at dead of night inside the hut corroboration..Category: Criminal Law | Date: | Hits: 57
Fazar Ali Vs. Mizanur Rahman and another, 2010, 39 CLC (AD)
....with the concurrent findÂings of fact. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 518.......ent for sale as genuine one. He further submitted that in view of the admitted fact that the agreeÂment was all along in the possession of the plaintiff, the High Court Division commitÂted error of law in not holding that the appellate court below wrongly placed the onus upon the defendant for con..Category: Property Law | Date: | Hits: 23
Most. Selina Banu Bewa and others Vs. Most. Jamila khatun and another, 2009, 38 CLC (AD)
....he Evidence Act has got no manner of application in the instant case inasmuch as the deeds were found to have been executed and registered in the absence of any independent advise and accordingly the provision of section 16 of the Contract Act, being not complied, the deeds were not valid documents ...... executed and registered in the absence of any independent advise and accordingly the provision of section 16 of the Contract Act, being not complied, the deeds were not valid documents in the eye of law. We are of the view that the High Court Division on proper consideration of the materials on ..Category: Property Law | Date: | Hits: 26
Most. Sajeya Begum and others Vs. Md. Shahidul and others, 2010, 39 CLC (AD)
....udgment an order dated 25.10.2008 passed by the High Court Division in Civil Revision No.6169 of 1991 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 505....... Court Division failed to conÂsider that the suit was filed alleging posÂsession in the suit land through Court hence the decree for khas possession withÂout alleging dispossession is a mistake of law occasioning failure of justice. The learned Counsel further submitted that the High Court Divisi..Category: Property Law | Date: | Hits: 23
Md. Abu Zafar Shahid and others Vs. Mrs. Joinab Begum and others, 2009, 38 CLC (AD)
.... on record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 499.......008. Hence this civil petition for leave to appeal by the petitioners. 5. Mr. Kh. Mahbubuddin Ahmed, the learned Senior Advocate for the petitionÂers submits that the High Court Division erred in law in passing the impugned judgÂment and order by discharging the rule with costs, hence the impug..Category: Property Law | Date: | Hits: 17
Ebrahim Steel Re-Rolling Industries (Pvt.) Limited Vs. Bangladesh and others, 2010, 39 CLC (AD)
....we find no subÂstance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 495. ......ization. The Ministry of Finance by its letter dated 11.03.1999 recommended waivÂer of 100% penal interest and 100% unpaid simple interest. That the said recÂommendation though has got no force of law the Sonali Bank resolved to allow remission of unpaid simple interest and penal interest accrued..Category: Banking Law | Date: | Hits: 95
Charupado Mondol and others Vs. Chinmay Bachar and others, 2009, 38 CLC (AD)
....emÂselves as reversioner of Kalicharan husÂband of Tanti Bewa and filed the instant Title Suit No.129 of 1995 as reversioner the prayer for challenge the patta dated 16.03.1932 is time barred under provision of Hindu Law and as such the impugned judgment and order is illegal. 8. We have heard t......the transfer was found as good and valid but the High Court Division committed an error in allowing the petition for amendÂment of the plaint without considering that the said prayer is barred under law. He submits that the patta was adjudicated in the Title Suit No.384 of 1968, F.A. No.338 of 1970..Category: Procedural Law | Date: | Hits: 95
....order passed by the High Court Division and thus do not find any substance in the leave petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 486.......sion of the defendant's was found and conÂfirmed through an enquiry held on 19.02.1985, resulting dismissal of the appeal and that the defendant lost the origÂinal sale deed from the chamber of the lawyer.
5. The learned Subordinate Judge decided the case reframing the issues as under:
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Category: Property Law | Date: | Hits: 38
Md. Abdul Kader Vs. Bangladesh Road Transport Corporation, 2010, 39 CLC (AD)
....ion before passing the impugned judgment and order did not at all consider that the Chairman, Second Labour Court has committed no error of law and passed the impugned judgment in accordance with the provision of law and that the petitioner being a time keeper was on duty on the date of alleged occu......ubsequently by letter dated 14.01.1996 the petitioner was most illegally dismissed from his perÂmanent service which was received on 16.01.1996. Thus the same is mala fide, void, illegal and without lawful authority. 7. Afterwards on 21.01.1996 the petitioner submitted his grievance notice to th..Category: Labour and Industrial Law | Date: | Hits: 79
Sree Bishonath Das and others Vs. Sree Binoy Kumar Das and others, 2009, 38 CLC (AD)
....by the courts below in finding possession and title in favour of the plaintiff respondent. Accordingly the leave petition is disÂmissed. Ed. This Case is also Reported in: VII ADC (2010) 478.......herein by creating house till his death and his only son the plaintiff Panchu Gopal Das has been possessing the same. Due to preparation of S.A. record in the name of Kashinath to avoid complexity of law, the plaintiff Panchu Gopal on 22.02.1979 obtained a registered kabala deed from Kashinath and t..Category: Property Law | Date: | Hits: 27
Mojibor and another Vs. Md. Nurul Islam and others, 2010, 39 CLC (AD)
....the above, we find no subÂstance 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) 467.......y published in 1962 A.D. the High Court Division overÂlooked that in a document of 1944, 1945 and 1946 A.D. the number came in the year 1962 inserted upon fraudulent act and thus, committed error of law in decreeing the suit. The learned Counsel further submitted that upon fraudulent document no de..Category: Property Law | Date: | Hits: 91
Prime Finance and Investment Limited Vs. Delwar H. Khan and others, 2009, 38 CLC (AD)
.... 36. The High Court Division was also very much conscious of the broad fact of huge loan liabilities of the Company and was of the view that the same has to be put at halt and also considering the provision of section 241(v) (vi) of the Companies Act deemed it just and equitable that the Company ......he above, we find no subÂstance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 459. ..Category: Company Law | Date: | Hits: 197
Government of Bangladesh and another Vs. Mohiuddin, 2009, 38 CLC (AD)
.... and published in gazette of 'Ka' list, he then filed an application before the Ministry and then to the Court of Settlement for release of the house. 8. The Settlement Court correctly applied the provision of law i.e. Article 2 of the P.O. No. 16 of 1972 as there was absolutely no iota of eviden......und that the writ-petitioner could not show that his predeÂcessor Abdur Rahman was present in Bangladesh or his whereabouts were not known on 28.02.1972 the High Court Division committed an error of law in setÂting aside the judgment holding that the onus is upon the Government to show that the pr..Category: Property Law | Date: | Hits: 24
Tafazzal Hossain Vs. Bangladesh, 2009, 38 CLC (AD)
....is name was published in the Gazette Notification dated 22.02.1998. 4. Articles 59 and 60 of the Constitution of the People's Republic of Bangladesh were omitted by the 4th amendment and while the provisions of these Articles of the Constitution were non existent, the Pourashava Ordinance, 1977 w......ndment is quoted as below: - "59. Local Government.- (1) Local Government in every administrative unit of the Republic shall be entrusted to bodies composed of persons electÂed in accordance with law. (2) Everybody such as is referred to in clause (1) shall, subject to this Constitution and ..Category: Election Law | Date: | Hits: 92
Anti-Corruption CommiÂssion Vs. Nargis Begum & others, 2009, 38 CLC (AD)
....e find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 279. Â ...... erred in interpreting sections 26(2) and 27(1) of the ACC Act, 2004 and Rule 15 Gha(5) of the Emergency Power Rules, 2007 and passing an order of stay of criminal proceedings due to misconception of law; that due satisfaction conÂtemplated in section 26(2) is only culminated through issue of the p..Category: Anti-Corruption Laws | Date: | Hits: 168
Anti-Corruption Commission Vs. Dr. Muhiuddin Khan Alamgir and others, 2010, 39 CLC (AD)
....e High Court Division, however, misconceived the amended Section 32 also in holding that sanction from the Commission will be required under Sub-section (1) of Section 32. This is not so. There is no provision for according the sanction twice-over. Sanction from the Commission will be required when ......ka ten lac), in default, to suffer 1(one) year imprisonment more and also forfeited his properties. 4. On appeal, the High Court Division, allowed the appeal, both on merit as well as on points of law and set aside the Order of conviction and sentence passed by the Special Judge. 5. Regarding ..Category: Anti-Corruption Laws | Date: | Hits: 231
Anti Corruption Commission Vs. Shah Alam Chowdhury and others, 2007, 36 CLC (AD)
....up their own illegal act. 3. The writ petitioner filed the writ petition on the ground that there was no prima facie Case disclosed in the F.I.R. and without proper investigation and violating the provisions of the Anti Corruption Act, 2004 and the Rules thereunder of 2007 the case was filed unde......, 2004 and the Rules thereunder of 2007 the case was filed under Section 5(2) of the Prevention of Corruption Act, 1947 was filed long after lapse of 5 years which is liable to de declared as without lawful authority and is of no legal effect. 4. The further case of the writ petitioner was that ..Category: Anti-Corruption Laws | Date: | Hits: 159
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