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Md. Anarul Islam and others Vs. State and another, 2006, 35 CLC (AD)
....he company may proceed against the accused-appellants for the allegations in the petition of complaint in the appropriate forum and in accordance with law. Ed. This Case is also Reported in: ......he company may proceed against the accused-appellants for the allegations in the petition of complaint in the appropriate forum and in accordance with law. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 50
A. R. A. Jute Mills Limited Vs. Janata Bank and others, 2006, 35 CLC (AD)
....sp; the plaintiff bank being unable to realise the money instituted the aforesaid suit against the petitioner. 4. The petitioner appeared in the suit and filed an application under Order VII Rule 11 of the Code of Civil Procedure praying for rejection of the plaint ......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. ..Category: Banking Law | Date: | Hits: 121
.... This petition for leave to appeal is directed against the judgment and order dated 08.05.2004 passed by a Division Bench of the High Court Division in Writ Petition No.2113 of 2004 refusing to issue Rule in respect of other portion of the order impugning which the writ petition was filed i.e. regar......ayment of VAT which the petitioner avoided to pay is an appealable order in our view, the High Court Division rightly refused to issue the Rule.
6. Accordingly, the petition is dismissed.
Ed.
..
Category: Fiscal/Taxation Law | Date: | Hits: 85
Md. Ashaduzzaman Vs. Bangladesh, 2006, 35 CLC (AD)
..... The High Court Division while summarily rejecting the writ petition observed that on the selfsame matter another candidate for the office of Chairman filed Writ Petition No. 2677 of 2004 and the Rule issued by the High Court Division was ultimately made absolute and challenging the judgm......it petition observed that on the selfsame matter another candidate for the office of Chairman filed Writ Petition No. 2677 of 2004 and the Rule issued by the High Court Division was ultimately made absolute and challenging the judgment of the High Court Division, Civil Appeal No. 230 of 20..Category: Election Law | Date: | Hits: 120
Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)
....ember 5, 1995 of the 5th Court of Subordinate Judge (now Joint District Judge), Dhaka in Title Suit No. 135 of 1995 allowing the application filed by the Respondent Nos. 1 and 2 herein under Order 7, Rule 11 of the Code of Civil Procedure and section 6 of the Artha Rin Adalat Ain, 1990 seeking rejec......our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ..Category: Civil Law | Date: | Hits: 130
Md. Shafique Ahmed Vs. Bangladesh, 2006, 35 CLC (AD)
....red, the petitioner cannot be permitted to raise it now and as such we do not find any substance in this petition. Moreso, the petition appears to have not been filed fulfilling the requirement of Rule 4 of Order XXVI (Part-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988.......-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 4. In the aforesaid premises, this petition merits no consideration and accordingly, it is dismissed. Ed. ..Category: Others | Date: | Hits: 106
Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
.... civil-petition at the instance of plaintiffs is directed against the judgment and order dated 22nd October, 2000 passed by the High Court Division in Civil Revision No.863 of 2000 discharging the Rule which was issued upon a revisional application, filed by the plaintiffs against the judgment a......ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ..Category: Property Law | Date: | Hits: 54
Messres MS Jafar Vs. Subordinate Judge, 3rd Court, Dacca & others, 1980, 9 CLC (AD)
....ot provide any specific mode by which the Government will express its decision regarding the abatement application to be made under this Order. In that view of the matter, the provisions of Order 27, Rules 2, 5 and 8(b) of the Code of Civil Procedure will apply and they are sufficient to give author......point of view we do not find any substance in this point. This appeal and the petition for special leave are dismissed but we make no order as to costs. Ed. This Case is also Reported in: ..Category: Others | Date: | Hits: 106
Com. of In. Tax, Dacca Zone, Dacca Vs. M/S. Badridas Full-chand, Saidpur, Rangpur, 1981, 10 CLC (AD)
....whether the Income-Tax Officer was in his jurisdiction to refuse the renewal of the registration of the firm in view of section 23(4) of the Income-Tax Act read with rules 6 and 7 of the Income Tax Rules. 4. Registration of firms is regulated by the Act and Rules framed thereunder, a firm ......able whether the terms of partnership deed in sharing the profit has been fulfilled. The claim for renewal of registration is rejected". 12. It is clear that the Income-tax Officer was absolutely in his discretion to entertain the application which was time barred and since he was no..Category: Fiscal/Taxation Law | Date: | Hits: 76
Amar Chandra Saha Vs. Ajit Kumar Das, 1981, 10 CLC (AD)
....dvocate-on-Record—For the Respondent. Civil Appeal No. 3-D of 1971. (From the Judgment and Order dated 29th November, 1968 of the High Court of East Pakistan in Civil Rule Nos. 1286 and 1313 (Rule) of 1968). Judgment: &...... mere fact of payment of rent by the Tenant. We, therefore, find no reason to interfere with the decision of the High Court. The appeal is dismissed with no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 44
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....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. ......pardanashin lady. The gift was in favour of the son of the Mukter of the lady. In the context of these facts, it was held by the Privy Council, on a review of some earlier decisions, that there is no absolute rule of law that a deed of gift by a pardanashin woman is invalid in the absence of proof t..Category: Property Law | Date: | Hits: 53
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
...., 190, 197 and 303 of 1973 and 11, 12, 14, 19,24,26, 27, 52, 56, 57, 58, 59, 117, 139, 232, 261, 367 add 565 of 1974 which were heard analogously under Article 102 of the Constitution making the said Rule absolute. These are certificated appeals under Article 103(2) (a) of the Constitution. Facts......, 197 and 303 of 1973 and 11, 12, 14, 19,24,26, 27, 52, 56, 57, 58, 59, 117, 139, 232, 261, 367 add 565 of 1974 which were heard analogously under Article 102 of the Constitution making the said Rule absolute. These are certificated appeals under Article 103(2) (a) of the Constitution. Facts of a..Category: Property Law | Date: | Hits: 85
Belayet Hossain and another Vs. Md. Abu Taher and others, 1980, 9 CLC (AD)
....her and others................... Respondents. Judgment January 16, 1980. The State Acquisition and Tenancy Act, 1950 (Act XXVII of 1951) section 96 The Code of Civil Procedure, Order IX, Rule 13 The order of dismissal of an application under Order IX, rule 13 of the CPC for restorat......side and the case is remitted back to the High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 231. ..Category: Property Law | Date: | Hits: 55
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 ......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
M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)
....s order dated 21.9.79 stayed the operation of the ad interim order of the learned Munsif till the disposal of the appeal. As against the order the plaintiff moved the High Court Division and obtained Rule in Civil Revision No. 1195 of 1979. The High Court Division stayed the operation of the order o...... allowed with cost and the order of the High Court Division in staying the operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ..Category: Others | Date: | Hits: 94
Sayed Ali Vs. Sree Gopal Chandra Das and others, 1980, 9 CLC (AD)
....ithout any order as to costs and remit the case to the Court of first instance to dispose of the matter in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 212. ......ithout any order as to costs and remit the case to the Court of first instance to dispose of the matter in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 212. ..Category: Procedural Law | Date: | Hits: 96
Abu Taleb Mridha Vs. State, 1980, 9 CLC (AD)
....minal Revision No. 291 of 1979). Judgment: Badrul Haider Chowdhury, J. -This appeal is directed against the judgment and order dated 14-8-79 passed by the High Court Division discharging the Rule in Criminal Revision No. 291 of 1979. 2. The appellant is accused in a criminal case being......se and the Court has quashed the proceedings on merit as against that accused. In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 209 ..Category: Criminal Law | Date: | Hits: 57
Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, Establishment Div & ors, 1980, 9 CLC (AD)
....se against the charges levelled against him and he duly showed cause appearing before the Board, examined witnesses in support of his case and was personally heard by the Board. On this finding the Rule was discharged. 4. Syed Ishtiaq Ahmed, the learned Counsel appearing for the appellant, in......ere will be no order as to costs. Order of the Court By Majority view the appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 201 ..Category: Employment/Service Law | Date: | Hits: 70
Afzal Khan Vs. Election Tribunal and Munsif. 3rd Court, Comilla and other , 1980, 9 CLC (AD)
....ns and this and this cannot be termed as adopting double" standard. 10. As has been noticed, Abdul Jalil, Respondent No. 2 was declared, elected by the Presiding Officer by a margin of 61 votes. Rule, 37(4) of the Pourashava Election Rules, 1977 provides for counting. As has been noticed no obj...... purpose of doing complete justice in the matter. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 186 ..Category: Election Law | Date: | Hits: 136
Badsha Mia Bepari Vs. Abul Bashar & ors., 1980, 9 CLC (AD)
....ural land, it is not pre-emptible. The Munsif dismissed the pre-emption case but the Court of appeal below allowed the pre-emption case. The High Court Division in Civil Revision discharged the Rule by holding that the lower appellate Court had not committed any illegality or material irregu......lating back becomes academic having no bearing with merits of the appeal. For the foregoing reason this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 183 ..Category: Property Law | Date: | Hits: 57
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