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Arabinda Das Vs. Sura Bala Das and others, 1999, 28 CLC (HCD)
.... The order of stay granted at the time of issuance of the Rule stands vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 53 DLR (2001) 97. ...... The order of stay granted at the time of issuance of the Rule stands vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 53 DLR (2001) 97. ......ous Case No. 96 of 1981 under the provision of rule 9 of Order 22 of the Code of Civil Procedure. 2. The decision proposed to be given in this Rule does not call for any detailed recounting of facts except that predecessor of the opposite party Nos. 1 and 2 as plaintiffs laid a suit being Tit..Category: Property Law | Date: | Hits: 28
Abul Hossain and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....paper in English. We have carefully examined this signature of the petitioner taken Court with the signature of the lessee put in lease deed the Annexure-A and found that both signatures are same and identical. This is no doubt another important fact which also strongly tell against the respondentâ€......ion of his building in the list of abandoned buildings. That on 24-01-93 only a man from Ministry of Works came to the house of the petitioner and informed him for the first time that his building in question had been included in the list of abandoned buildings published under section 5 of the Aband......hat the paper submitted by the petitioner in support of his claimed title and possession are subject to doubt. That the writ petition does not involve any question of law rather it involves matter of facts only and as such, the Rule is liable to be discharged. 7. We have considered the submis..Category: Property Law | Date: | Hits: 18
Ali Azam, Advocate Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
.... in favour of the assessee applicant. Accordingly, the reference is answered aforesaid and the parties will bear their own costs. Ed. This Case is also Reported in: 53 DLR (2001) 92. ......nt Commissioner of Taxes by its order dated 28-11-91 and being aggrieved by the said order of the Income Tax Appellate Tribunal the assessee applicant preferred this reference to answer the following questions: (i) Whether the Assistant Commission of Taxes, Appellate Joint Commissioner of Tax......e professional income at Taka 70,000.00 and 48,000.00 respectively without any basis and hence this cannot be sustained in law as the same is against the principle of natural justice. Considering the facts and circumstances of the Case and submission made by the learned Advocate for the applicant, w..Category: Fiscal/Taxation Law | Date: | Hits: 67
Nafisa Choudhury Vs. United Food Complex Ltd. and another, 2000, 29 CLC (HCD)
....s pursuant to the letter dated 16-4-1998. With the aforesaid directions the application is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 81. ......S not to execute any document with Mr Manzur Ahmed Chowdhury. The company by its letter dated 26-4-98 accepted the second option of paying dues in 14 equal half-yearly installments. 9. Now the questions which require consideration by this Court as to whether the activities of the majority sha......ectly to appropriate to themselves money, property or advantages which belong to the company or in which the other shareholders are entitled to participate. In the instant Case as it appears from the facts, the materials placed before the Court that there has been total mismanagement and the affairs..Category: Business or Commercial Law | Date: | Hits: 198
Safiqueuddin Ahmed (Md) and another Vs. House Building Finance Corporation, 2000, 29 CLC (HCD)
....ated 7-2-1989 passed by the learned District Judge in Miscellaneous Case No. 36 of 1984 is hereby affirmed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 80. ...... Alam, Advocate — For the Opposite Party. Civil Revision No.8745 of 1991(Dhaka) Civil Revision No.195 of 1989(Rangpur) Judgment Md. Joynul Abedin J.- This Rule calls in question the order dated 7.2.1989 passed by the learned District Judge, Dinajpur in Miscellaneous Ca......ated 7-2-1989 passed by the learned District Judge in Miscellaneous Case No. 36 of 1984 is hereby affirmed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 80. ..Category: Procedural Law | Date: | Hits: 78
Arif Rahman Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
...., we are of the opinion that petition is liable to be rejected. Accordingly, we reject this petition without an order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 76. ...... substituted by the Fourth Schedule of Finance Bill 1998 on the strength of section 7(15) of the Act itself. It is also found that Fourth Schedule refers to supplementary duty @80% of the vehicles in question. It is a settled law that the Provisional Collection of Taxes Act, 1931 loses its force on ......, we are of the opinion that petition is liable to be rejected. Accordingly, we reject this petition without an order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 76. ..Category: Fiscal/Taxation Law | Date: | Hits: 65
Aleya Begum and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....p the petitioners in any way in the above context. In the result the Rule is accordingly disposed of with the above observations. Ed. This Case is also Reported in: 53 DLR (2001) 63. ......ed Basti area and as such the Rule was issued simply to examine whether provisions of Act 24 of 1970 were complied before said eviction of the slum dwellers including the petitioners from the land in question. He submits that now the only question before this Court is to see to the compliance of the......tter families in Mirpur (Annexure C & D) and projects in Islam Bagh, Rasul Bagh, Shahid Nagar are also undertaken by Government and financed by World Bank (Annexure-E). He submits that from above facts it is demonstrated clearly that the lives of petitioners and other slum dwellers of Balur Math..Category: Property Law | Date: | Hits: 60
Nurul Islam Monzoor Vs. State and another, 2000, 29 CLC (HCD)
....ail (opposite party No. 2) for information and compliance and also to the learned Metropolitan Sessions Judge, Dhaka for compliance. Ed. This Case is also Reported in: 53 DLR (2001) 59. ......hallenges the proposition of the learned Deputy Attorney General that the sickness was taken as a ground for praying for bail in the aforesaid previous Case. 9. We have perused the judgment in question including paragraph No. 12 in the Case of KM Obaidur Rahman and others Vs. State in 51 DLR ......in Ahmed submits, that this is a fit Case for bail under proviso to section 497(1) of the Code. While appreciating the anxiety of Mr Ahmed on the health condition of the accused-petitioner we, in the facts and circumstances of the Case, are of the view that this is not a fit Case to exercise our jur..Category: Criminal Law | Date: | Hits: 26
Jarina Khatun & others Vs. Gani Howlader & others, 2000, 29 CLC (HCD)
.... observations, if necessary, on further evidence as may be adduced by the parties. The Court would abide by the ultimate result of the suit. Ed. This Case is also Reported in: 53 DLR (2001) 53. ......nce, the word “না” was added and in the second sentence “না” was omitted due to mistake. The mistake would be apparent if the entire evidence of the PW 1 and those of other PWs on the question of possession are read and considered. He also submits that the petitioners could learn abo...... confirmation of possession and not recovery of possession. On the aforesaid statements of PW 1, the plaintiffs have no chance of success in getting such relief. 15. Lastly, he submits that if the facts and circumstances of the Case necessitate any remand, the Case should be sent to the appellate..Category: Property Law | Date: | Hits: 22
Sonali Bank and others Vs. Md. Jalaluddin and another, 2000, 29 CLC (HCD)
....the Rule hereby stands vacated. Let the records be sent down at once so that the suit may be heard and disposed of as early as possible. Ed. This Case is also Reported in: 53 DLR (2000) 48. ......record, perusing the revision application and the impugned orders, and reading number of decisions of this Division as well as of the Appellate Division as cited at the Bar, it appears to me that the question as to the right of a petty employee of statutory corporations to sue in a Civil Court again......er section 115 of the Code. 9. In reply, Khaled Ahmed submits that the principle enunciated by the Appellate Division in the unreported Case cited by Enayet has no manner of application to the facts of the instant Case. 10. After patiently hearing the learned Advocates, going through t..Category: Administrative Law | Date: | Hits: 165
Moshiur Rahman (Md.) Vs. State, 2000, 29 CLC (HCD)
....absolute. Let copies of this judgment and order be forwarded to the learned Sessions Judge and the petitioner for their future guidance. Ed. This Case is also Reported in: 53 DLR (2001) 42. ......absolute. Let copies of this judgment and order be forwarded to the learned Sessions Judge and the petitioner for their future guidance. Ed. This Case is also Reported in: 53 DLR (2001) 42. ......r while he is performing his judicial function, in spite of his disapproval of his such egregious behaviour, may become highly improper, constituting punishable contempt. It all, however, ends on the facts and circumstances of each Case. In the instant Case, the facts as emerge from the order sheet ..Category: Criminal Law | Date: | Hits: 29
Category: Property Law | Date: | Hits: 31
Islami Bank Bangladesh Ltd. and others Vs. Abdul Jalil and others, 1999, 28 CLC (HCD)
.... in his decision occasioning failure or justice and as such, the impugned order is liable to be set aside and is accordingly, set aside. Ed. This Case is also Reported in: 53 DLR (2001) 29. ......uch a suit is barred by law in view of the fact that on the ground of earlier suit was dismissed which was affirmed by the Appellate Division. 14. Nurul Huq further submits that apart torn the question of Order 7 rule 11 of the Code of civil Procedure in an appropriate Case the Court can exer......rule 11 of the Court of Civil Procedure are very much applicable. 8. Nurul Huq further submits that apart from the provisions of Order 7 rule 11 of the Code of Civil Procedure, considering the facts and circumstances of the Case, the Court can exercise its inherent power in order to settle th..Category: Property Law | Date: | Hits: 61
Shaher Khatun & others Vs. State and another, 2000, 29 CLC (HCD)
.... 15-19 Md. Jaher Ali, Md. Sadeque Ali, Abdul Karim, Md. Amir Ali and Md. Emran Ali hereby confirmed in the facts and circumstances the Case. Ed. This Case is also Reported in: 53 DLR (2001) 19. ...... learned Magistrate also has no jurisdiction to take cognizance of the offence on the basis of complaint made by the private person, unless the complaint is made by the Court concerned. 8. Now the question is a Revenue Officer, in the instant Case Assistant Commissioner (Land), dealing with a Mut......etween the parties and if the dispute or a question of fact, the ascertainment of the fact by means of evidence adduced by them to the dispute and a decision of the whole matter by finding upon the facts in dispute and the application of law to the facts so found. 11. Keeping in mind the defini..Category: Criminal Law | Date: | Hits: 59
Category: Constitutional Law | Date: | Hits: 264
State Vs. Md. Sadequl Islam Tusar and others, 2009, 38 CLC (AD)
....ence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 134, 15 MLR (AD) (2010) 147, 19 BLT (AD) (2011) 160. ......ence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 134, 15 MLR (AD) (2010) 147, 19 BLT (AD) (2011) 160. ......nst the judgment and order dated 15.01.2008 passed by the High Court Division in Death Reference No.60 of 2004 heard with Criminal Appeal No.1339 of 2004 with Jail Appeal No.459 of 2004. 2. The facts, in short, are that deceased Most. Sabina Yasmin Rakhi was given in marriage to condemned pris..Category: Criminal Law | Date: | Hits: 43
Shaid Hamid and another Vs. Nilufar Momtaz and others, 2009, 38 CLC (AD)
....we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 130. ...... or interest of the writ-petitioner in the said flat and hence, the writ petitioner not having any legal right the writ petition is not maintainable; that the writ petition having involved a disputed questions of fact and of title as to whether there was a gift of the flat in question in faovur of t......is Petition for Leave to Appeal is directed against the judgment and order elated 09,08.2008 passed by the High Court Division in Writ Petition No.5291 of 2006 making the Rule absolute. 2. The facts of the case, in short, are that the respondent No.1 and the petitioner, Shaid Hamid, were marr..Category: Property Law | Date: | Hits: 26
Md. Abdur Rahim Vs. Md. Amirul Islam & others, 2007, 36 CLC (AD)
.... Advocate could not point out any new materials for review of the impugned judgment. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 128. ...... Advocate could not point out any new materials for review of the impugned judgment. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 128. ......t MM Ruhul Amin J.- By this petition the petitioner seeks review of the judgment dated 17.05.2007 passed in Civil Petition for Leave to Appeal No. 812 of 2004 dismissing the petition. 2. Short facts are that the pre-emptor filed Miscellaneous Case No.109 of 1996 under section 96 of the State ..Category: Property Law | Date: | Hits: 20
Abul Hashem Vs. International Oil Mills Limited, 2009, 38 CLC (AD)
....es on premium to be paid and on other related matters. Civil Miscellaneous Petition is also disposed of in terms of this judgment. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 117. ......petition CPA, through its affidavit-in-opposition denied the material allegations made in the writ petition contending, inter alia, that the respondent No.1, M/S Amin Agency Limited, held the land in question under annual lease from the owner of the property i.e. the Chittagong Port Authority, (resp......e Civil Miscellaneous Petitions are directed against the judgment and order dated 28.02.2008 passed by the High Court Division in Writ Petition No.4310 of 2001 making the Rule absolute. 2. The facts, in short, are that the writ petitioner International Oil Mills Limited, a company incorporate..Category: Property Law | Date: | Hits: 33
Md. Ismail alias Haji Md. Ismail Vs. State and another, 2010, 39 CLC (AD)
....therefore, no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 449. ......iÂtion for leave to appeal. 6. Mr. Md. Khurshid Alam Khan, the learned Counsel for the petitioner submits that as the name of the Bank has not been mentioned in the petition of complaint, the question of dishonour of the cheques by the Bank concerned does not arise at all, which is very vita......therefore, no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 449. ..Category: Criminal Law | Date: | Hits: 34