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Commissioner of Taxes Vs. Oriental Real Estate Ltd, 2008, 37 CLC (HCD)
....on is stated to be the only business activity of the assessee then nobody else could be expected to supervise its construction. Moreover, under the PWD schedule of rates what PWD is entitled to for departmental supervision, how that can be claimed by the assessee is not understood. Secondly, the ass...... and against the assessee with cost. The cost is assessed Taka 15,000 for each reference. Communicate at once. Ed. This Case is also Reported in: 60 DLR (HCD) (2008) 506. ..Category: Fiscal/Taxation Law | Date: 18 Feb, 2008 | Hits: 1
Farid Miah (Md.) Vs. State, 2008, 37 CLC (HCD)
....ct, in which it is stated that the prosecution is bound to prove the case beyond all reasonable doubt. In a criminal case the courts require even a higher decree of proof and all material evidence, particularly those in favour of the accused, should be placed before the court. The failure of the ......hat police arrested a snatcher. He went to the police station and identified the watch to be his own. Hence the first information report. 4. SI Md. Ibrahim, Kotwali Police Station took up the investigation and after completion of the investigation, he submitted charge sheet being No.54 date..Category: Criminal Law | Date: 14 Feb, 2008 | Hits: 5
Sefina Ferdousi @ Shimla and another Vs. Jaohar Kabir and others, 2008, 37 CLC (HCD)
....preferential right of custody over a minor child but that will not totally exclude her from being considered fit for guardianship if she is otherwise held on a consideration of all circumstances in a particular case to be competent to be the guardian of such minor...............................(20) ......wer Court's Record to the Courts below at once. Communicate the judgment to the Courts below immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 434; 61 DLR (HCD) (2009) 86. ..Category: Women and Children | Date: 3 Feb, 2008 | Hits: 142
Abdul Latif (Md.) Vs. Mohammad Ali, 2008, 37 CLC (HCD)
....of a Civil Court in case of a Partition Suit could not be placed at the mercy of every profligate defendant to render the Court a mere ministerial agent only to carry into effect the wishes of the parties in case where there were no matters of controversy between them. The plaintiff is enti......rts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 804. ..Category: Property Law | Date: 28 Jan, 2008 | Hits: 31
Ilias (Md.) Vs. Md. Zahed Chowdhury (Paban), 2008, 37 CLC (HCD)
....ioner Vs. Md. Zahed Chowdhury (Paban)......................Opposite Parties Judgment January 28, 2008. Result: The Rule is made absolute. Before a Court of law no party should receive any special treatment, and if such kind of treatment is allowed that would de......he Court order in filing the documents as relied upon by the plaintiffs in the plaint. There will be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 76. ..Category: Procedural Law | Date: 28 Jan, 2008 | Hits: 210
Sultana Hashem Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
.... under section 8 to communicate to the person affected thereby.......the grounds on which the order has been made"..........For the purpose of the present case, the entire focus will be on this part of section 8 as has been quoted before. The grounds provide the basis for satisfaction upon w......haka now detained in Dhaka Central Jail, be set at liberty at once, if not wanted in connection with any other case or cases. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 668. ..Category: Criminal Law | Date: 21 Jan, 2008 | Hits: 10
Mostafa alias Masta Vs. State, 2008, 37 CLC (HCD)
....no independent and disinterested witnesses have come to depose in support of the prosecution case and the witnesses who deposed in the case are all close relatives of the informant and they are the partisan witnesses and that the court below acted illegally in convicting the appellant basing on th......rt. He knows the signature of OC and he identified his three signatures in the formal part of the ejahar which are marked as Exhibits 2, 2/1, 2/2; that the officer-in-charge entrusted him the task of investigation in this case; that after being appointed as IO he visited the place of occurrence, p..Category: Women and Children | Date: 16 Jan, 2008 | Hits: 27
Gopal Chandra Das and others Vs. Nikunja Behari Sukra Das and others, 2008, 37 CLC (HCD)
.... Petitioners. No one appeared — For the Opposite Parties. Civil Revision No. 1701 of 1995. Judgment Syed AKM Dabirush-Shan J. - This Rule was issued calling upon the opposite parties to show cause as to why the judgment and decree dated 7-9-94 and 19-9-94 respectively pass...... and they have been living in India permanently having citizenship for which the suit property have been enlisted as Vested Property. One Abdul Barek prayed for lease of the suit properties and an investigation to the effect is going on and that Gopal Chandra, Santi Chandra Das and Abdul Matin a..Category: Property Law | Date: 7 Jan, 2008 | Hits: 9
Md. Mokter Hossain Khan Vs. State, 2007, 36 CLC (AD)
....n 342 of the Code of Criminal Procedure, as he was in the meanwhile taken to custody, to which he pleaded innocence and demanded trial. 4. The learned Sessions Judge, Manikgonj, upon hearing the parties, found the condemned-prisoner guilty under Section 302 of the Penal Code and sentence him to...... the morgue for autopsy and after having received the post-mortem report lodged the FIR on 28.08.1995 and Ghior Police Station Case No.10 of 1995 dated 29.8.1995 was started. 3. The police after investigation submitted charge sheet against the condemned-prisoner Mukter Hossain under Secti..Category: Evidence Law | Date: 9 Dec, 2007 | Hits: 10
Fairdeal Marine Services, Fujairah, U.A.E Vs. M.V. PELEAS K and others, 2007, 36 CLC (HCD)
....3.2003, 16.3.2004, 19.5.2004 and 18.5.2004 is the fact that notwithstanding the said vessel being within this Court's jurisdiction and as formally represented by the Opposite Party No.5, the said party as Defendant No.5 never appeared in the Suit nor in these execution proceedings till after rec......mentioned and specified in Schedule 'A' to the application is hereby necessarily recalled and vacated. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 17. ..Category: Admiralty Law or Maritime Law | Date: 6 Dec, 2007 | Hits: 19
AKM Reazul Islam and others Vs. State, 2007, 36 CLC (HCD)
....In this charge sheet, there is a remark that the accused petitioner is in custody in connection with GD Entry No.2565 dated 29-5-07 under rule 16(2) of the Rules, 2007. 12. In this case opposite party State has not filed any counter, affidavit, but contested the Rule and Sayed Haider Ali, the l......ortant and common question of law, namely authority of this Court to grant bail in cases where First Information Report (shortly FIR) have been lodged with allegations of some form of corruption, but investigation has not been completed within the maximum period of 60 days as provided in rule 15 Ga ..Category: Anti-Corruption Laws | Date: 3 Dec, 2007 | Hits: 139
Manzill Murshid and 6 others Vs. Bangladesh and another, 2007, 36 CLC (HCD)
...."36. (1) The Government may invest with the powers of any Civil Court under this Act, by name or in virtue of office, (b) after consultation with the High Court Division any officer serving in any part of the territories to which this Act extends and belonging to a class defined in this behalf b......অত্র রুলটি খরচা ব্যতিরেকে এ্যাবসলিউট করা ইইল। Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 94. ..Category: Others | Date: 2 Dec, 2007 | Hits: 7
....he capacity of the furnace from 22 square meters to 24 square meters and the claim for enhancing capacity of the melting area by two square meters cannot be considered extension of the factory or any part of it. The work in question may be accepted as renovation and repair, Annexure-A1. The Appellat......78,40,997.85 by crediting the sum to the Current Account of the petitioner.
Send down the lower court's record at once.
Ed.
This Case is also Reported in: 28 BLD (HCD) (2008) 18.
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Category: Fiscal/Taxation Law | Date: 26 Nov, 2007 | Hits: 9
Mrs. Zakia Doha Vs. Rajdhani Unnayan Kartipakha, 2007, 36 CLC (HCD)
....le is liable to be discharged with costs. 10. We have perused the Writ Petitions, Affidavits-in-Opposition and the relevant Annexures annexed thereto and heard the learned Advocates for the parties in extenso. 11. The High Court Division exercising power under Article 102 of the Const......hout any order as to costs. 40. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 254. ..Category: Abandoned Properties Law | Date: 15 Nov, 2007 | Hits: 6
Fazlu Alias Fazla Vs. State, 2007, 36 CLC (HCD)
....cer of Netrakona Modern Hospital and opined that there were signs of forceful coitus. In cross examination he repeated what he deposed. He denied that he did not find any injury on the private parts of the victim Lipa. 17. Md. Jashim Uddin, the learned advocate appearing on behalf of ......which will be harmful to you etc. They (Shalishdars) have tried to suppress the incident as such to file FIR some delay was caused. Hence the case was started. 4. Thereafter the police after investigation submitted charge sheet against both the accused under section 6 (1) and 14 of the N..Category: Women and Children | Date: 5 Nov, 2007 | Hits: 14
....p, Annexure-X-1. Then, the importer or Agent submits the Bill of Entry to the Import General Manifest (IGM) Section under section 79 of the Custom Act for noting;
II. Said IGM section examines the particulars of filled up Bill of Entry Form and Bill of Lading, Import Manifest etc. and if found co......omes due after such final assessment is paid in cash within a period of two months of receipt of this order.
Communicate at once.
Ed.
This Case is also Reported in: 27 BLD (HCD) (2007) 555.
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Category: Fiscal/Taxation Law | Date: 17 Sep, 2007 | Hits: 66
Salima Akter Niluma Banu Vs. Shahin Shakhider and others, 2007, 36 CLC (HCD)
....ort facts leading to this Rule, are that on 01-07-2004 the petitioner as plaintiff instituted Other Class Suit no.58 of 2004 in the Court of Senior Assistant Judge, Joypurhat, impleading the opposite parties as defendants for permanent injunction, restraining the defendant Nos.1-3 from giving allotm......e trying to lease out the same in favour of the defendant no.4. Hence, the suit. 4. Subsequently, the plaintiff filed two applications one is for amendment of the plaint and another is for local investigation, fixing 25-11-2004 for hearing but on the same day defendant no.4 filed an application..Category: Civil Law | Date: 12 Sep, 2007 | Hits: 3
Nazir Hossain (Md.) Vs. Zubaed Md. Adel and others, 2007, 36 CLC (HCD)
....rocedure, directing against the judgment and order of acquittal dated 31-7-2003 passed by the learned Metropolitan Additional Sessions Judge, 1st Court, Dhaka acquitting all the accused-opposite parties from the charge under sections 326/302/34 of the Penal Code in Sessions Case No.408 of 20......the deceased. The opinion of the doctor is death was due to haemorrhage, shock, resulting from above mentioned bullet injuries which were ante-mortem and homicidal in nature. 4. Police took up investigation of the case and on completion of the same, submitted charge sheet on 2-3-2001 against..Category: Criminal Law | Date: 5 Sep, 2007 | Hits: 8
BRAC Printers Vs. Chairman, First Labour Court and another, 2007, 36 CLC (HCD)
....mplaint Case No.43 of 2000 in the First Labour Court in Dhaka under section 25(1)(b) of the Employment of Labour (Standing Orders) Act, 1965 (in short the Act) impleading the petitioner as the second party. The case of respondent No.2, in short, is that he had been serving in the petitioner's es......arged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 25. ..Category: Labour and Industrial Law | Date: 28 Aug, 2007 | Hits: 19
Isahaque Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
....t The provision of law as regard burden of proof is, that in a case involving severe punishment or life imprisonment, courts require even a higher degree of proof and all material evidence, particularly those in favour of the accused, should be placed before the Court. It is a course not ......bouring people came there, then the accused persons went away and the witnesses somehow apprehended accused Enamul with lathi. 4. Sub-Inspector Abdus Samad, Poursha Police Station took up the investigation and after completion of investigation, he submitted the charge sheet being No.19 date..Category: Criminal Law | Date: 16 Aug, 2007 | Hits: 9
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