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Anil Chandra Paul Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
....raised herein are required to be answered at this moment. With the above observations this reference application is disposed of. Ed. This Case is also Reported in: 57 DLR (2005) 756. ......quire into the matter in accordance with law and the entire process was arbitrary and on surmise. 17. So far the question raised in questions (f) and (g), it appears that there is nothing in the decision of the Tribunal as to how and why family expenditure for the assessment year 1999‑2000 wa..Category: Fiscal/Taxation Law | Date: 19 Mar, 2005 | Hits: 4
Abdul Latif Hawlader Vs. Sultan Miah and others, 2005, 34 CLC (HCD)
....r Assistant Judge (in charge), Gopalganj Sadar, Gopalganj in Title Suit No.120 of 1997 are hereby set aside. Ed. This Case is also Reported in: 57 DLR (2005) 574. ......ettled that the plaintiff would pay Taka 13,800 to the defendant No.1 within 5 days and accordingly, the defendant No.1 delivered possession of the suit land in favour the plaintiff. Pursuant to that decision the plaintiff paid Taka 13,500 to the defendant No.1 on the 20th Magh, 1402 BS. in presence..Category: Tenancy Law | Date: 15 Mar, 2005 | Hits: 3
Abdul Halim Gazi and others Vs. Afzal Hossain & ors., 2005, 34 CLC (AD)
....made above we find substance in these appeals. In the result both the appeals are allowed without any order as to costs. The impugned judgment and order complained of are set aside. Ed. ......he election and whether such a writ petition is maintainable. Disputed question of fact cannot be decided in writ petition specially when such question is pending before the Appellate Division for decision. When there is no question of corum non judice or malice in law no writ petition is mainta..Category: Election Law | Date: 15 Mar, 2005 | Hits: 168
Mohiruddin Mondal alias Md. Mohiruddin Mondal and others Vs. State, 2005, 34 CLC (HCD)
....r within 3(three) months to his bail bond to serve out the sentence imposed on him. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 779. ......nj are not well reasoned which suffer from non-reading and misreading of evidence which are liable to be set aside. 12. Mr. Khurshid Alam Khan, the learned Advocate for the petitioner, cited the decisions in the case of State Vs. Monu Miah and others reported in 54 DLR (AD) 60; in the case of N..Category: Criminal Law | Date: 14 Mar, 2005 | Hits: 4
Ayub Ali Vs.State, 2005, 34 CLC (HCD)
....le is vacated. The prayer for stay operation of our judgment and order for 15 (fifteen) days is refused. Ed. This Case is also Reported in: 57 DLR (2005) 230. ......against 30 accused persons including the accused petitioner, as such, the evidence of two eye‑witnesses namely, Kamrul Hassan Lyton and Md. Hafizur Rahman Habib are essential for arriving at a just decision. 4. Mr. Md. Khurshid Alam Khan, the learned Advocate appearing for the petitioner, vig..Category: Criminal Law | Date: 12 Mar, 2005 | Hits: 3
Hazi Md Hossain @ Md Aowlad Hossain and others VS. Obaidul Haque & others, 2005, 34 CLC (AD)
..... 21. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to cost. Ed. ......rcumstances of that case as well as upon placing the circumstances of that particular case in the scale of equity and justice being not without exception, as such, use of or reliance upon the said decision in arriving at decision in the subsequent case the facts and circumstances whereof at the ..Category: Civil Law | Date: 6 Mar, 2005 | Hits: 308
.... both the
aforesaid rules. Both the rules are therefore discharged without any order as
to costs.
Send down the L.C.R.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 75.
...... property has rendered the suit as nullity upon misconception
of law. Accordingly by judgment and decree dated 30.5.1999 the learned Additional
District Judge allowed the appeal, reversed the decision of the trial court
and dismissed the plaintiffs suit.
7. Being aggrieved thereby th..
Category: Property Law | Date: 23 Feb, 2005 | Hits: 5
M/s. Shanker Kumar Das Vs. Government of Bangladesh and 6 others, 2005, 34 CLC (HCD)
....e date of receipt of the copy of this judgment. 17. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 185. ......erial No.26, he has been seriously prejudiced by this Resolution (Annexure-F and F-1). Thereafter the respondent No.3 by his Memo No.Fund-1/02-1057/1(3) Pra:Pra:dated 17.12.2002 (Annexure-G) sought a decision from the Secretary, Ministry of communication, the respondent No.1, as to whether the money..Category: Civil Law | Date: 23 Feb, 2005 | Hits: 31
....rly prejudicial" as follows:
"In section 459 Parliament has chosen fairness as the criterion by which the court must decide whether it has jurisdiction to grant relief and it is clear from the legislative history (which was discussed in Re Saul D Harrison & Sons Pk [1995] 1 BCLC 14 at 17-......llant No.3 was also authorised to operate the bank accounts of the company in the absence of the appellant No.2; besides in the meeting of the Board of Directors of the company held on 9-3-98 similar decision regarding operation of the accounts of the company maintained with the Al-Arafa Bank by the..
Category: Company Law | Date: 22 Feb, 2005 | Hits: 364
Govt. of BD rep. by the Sec., Min. of Establishment Vs. Md. Abu Bakar, 2005, 34 CLC (AD)
....lotment of a plot to the writ petitioner. 5. So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ......1-3 to act "in accordance with law" and no direction was given to them for allotment of a plot to the writ petitioner. 5. So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ..Category: Property Law | Date: 16 Feb, 2005 | Hits: 69
Chairman, Sherpur Paurashava Vs. Md. Jahangir Hossain Chowdhury, 2005, 34 CLC (AD)
....-retainable khas land of the original landlord, we do not find any substance in the submission of the learned Counsel for the petitioner. The petitions are dismissed. Ed. ......e which is challenged as void, fraudulent and not binding on the petitioner. The learned Counsel further submitted that the learned Single Judge misconceived the pleadings in the case and also of the decision of the superior Court in holding that the petitioner's suit is not maintainable without fur..Category: Property Law | Date: 1 Feb, 2005 | Hits: 118
Mustaque Hossain (Md). Vs. Md. Shajahan Miah and another, 2005, 34 CLC (AD)
.... attributed for acceptance of the salami to render the tenant non‑ejectable in accordance with law. The petitions are dismissed. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 105. ......orhearing in the appeal and, as such, his right to continue in the tenancy needs to be protected in theinterest of justice. 9 In support of his, submission the learned Counsel has referred to the decision in the case of Munshi Amiruddin Ahmed vs. Begum Shamsun Nahar reported in 48 DLR 21 and sub..Category: Tenancy Law | Date: 1 Feb, 2005 | Hits: 120
SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267. ......the petitioner by its alleged purchase dated 30‑4‑1995 has not derived any interest in the land of CS Plot No.177. 16. Mr. KZ Alam, learned Advocate appearing for respondent No. 8, cites the decision in the case of Director of Housing and Settlement, Segunbagicha, Ramna, Dhaka Vs. Abdul Maj..Category: Property Law | Date: 16 Jan, 2005 | Hits: 7
Barkatullah Khan (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....cation and accordingly the same is allowed. 17. Accordingly, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 302. ......gations made in the impugned order. Mr. Rahman lastly submits that although the matter was referred to the Ministry of Home Affairs by the Hon'ble President almost 2 years back, there is still no decision yet on the matter, thereby causing serious prejudice and hardship on the petitioner. 5..Category: Employment/Service Law | Date: 15 Jan, 2005 | Hits: 2
Habibullah (Md) Vs. Sher Ali Khan and others, 2005, 34 CLC (AD)
....the discussions made herein above we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 55. ......n 115 Concurrent finding of fact of the courts below having not suffered from any misreading or non-reading of the evidence or, in other words, any legal evidence was not left out in making the decision in the case by the courts of fact High Court Division was in serious error in reversing c..Category: Civil Law | Date: 15 Jan, 2005 | Hits: 177
Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)
.... stands vacated. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 57 DLR (2005) 635. ......this Court and obtained the present Rule. 6. Mr. Abdul Quayum, the learned Advocate appearing on behalf of the petitioner, submits that the lower appellate Court committed an error of law in its decision occasioning failure of justice in reversing the judgment of the trial Court without reversi..Category: Property Law | Date: 10 Jan, 2005 | Hits: 2
Afzal Molla (Md.) Vs. Government of Bangladesh & others, 2005, 34 CLC (HCD)
....e and the same is liable to be discharged. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 586. ......3 years for making such revisional application as there is no specific period prescribed for filing a revisional application. In support of his submission, the learned Advocate has (sic) referred the decisions in the case between Md. Swaleh and another Vs. United Grain & Fodder Agencies, reporte..Category: Limitation Law | Date: 10 Jan, 2005 | Hits: 6
Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)
....pplication for vacating the stay order is disposed of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ......145 CrPC if the Magistrate is satisfied that there is immediate apprehension of breach of peace over possession of the disputed land. In support of his contention, the learned Advocate cited the case decisions reported in 49 DLR 485, 45 DLR (AD) 31 and 35 DLR 180. With reference to those cases, the ..Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4
Badar Biswas & others Vs. State, 2005, 34 CLC (HCD)
....imited order of stay for 3 (three) months granted at the time of issuance of the Rule stood vacated for the lapse of time Ed. This Case is also Reported in: 57 DLR (2005) 770. ......f the above named accused petitioners with the direction to take steps through the public prosecutor and withdrawal of the names of the accused petitioners from prosecution pursuant to the Government decision. The learned Public Prosecutor on 16‑6‑2003 filed an application before the learned Add..Category: Criminal Law | Date: 9 Jan, 2005 | Hits: 37
Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)
....est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ......it appears that there was a 'salish' while the SCC Suit No. 88 of 1980 was pending between the defendant No. 1 and Khurshed Ali Master, father of the plaintiff Nos. 1 and 2 and in the said 'salish' decision was made for payment of enhanced rent Taka 280 per month and also, for execution of tenan..Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147
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