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Anil Chandra Paul Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
....very much incorrect, clearly proves that the Deputy Commissioner of Taxes had no definite information for which the case could be re‑opened under section 93. In fact, the Department without holding proper investigation in the matter re‑opened the file of the assessee applicant and arbitrarily as......e is also Reported in: 57 DLR (2005) 756. ...... the Taxes Appellate Tribunal. "(a) Whether in the facts and on the circumstances of the case the learned (Sic) Deputy Commissioner of Taxes, Taxes Circle‑18, Chittagong, Zone‑3 is legally justified to call for the TIN (Tax Index (Sic) Number) from the customers who carries their ..Category: Fiscal/Taxation Law | Date: 19 Mar, 2005 | Hits: 4
Abdul Latif Hawlader Vs. Sultan Miah and others, 2005, 34 CLC (HCD)
....d by the Senior Assistant Judge (in charge), Gopalganj Sadar, Gopalganj in Title Suit No.120 of 1997. 2. The case of the plaintiff, in brief, is that the defendant No.1 proposed to sell the suit property to the plaintiff and the plaintiff agreed to the proposal. Thereafter, on the 16th Magh 140...... High Court Division (Civil Revisional Jurisdiction) Present: Afzal Hossain Ahmed J Abdul Latif Hawlader..................................Petitioner Vs. Sultan Miah and others...............................Opposite Parties Judgment March 15, 2005. Re......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. ..Category: Tenancy Law | Date: 15 Mar, 2005 | Hits: 3
Abdul Halim Gazi and others Vs. Afzal Hossain & ors., 2005, 34 CLC (AD)
.... appeals Mr. Rafique-Ul-Huq, learned Counsel reiterates his earlier submissions and contends further that whether the appellant is a "loan defaulter" or not is subject to proof on taking proper evidence and that the same being a contentious subject of dispute between the parties t......howdhury J Abdul Halim Gazi ..........Appellant (In Civil Appeal No. 229 of 2004) Government of Bangladesh through the Secretary, Ministry of Local Government, Engineering and Rural Development, Bangladesh Secretariat, Ramna, Dhaka and Others.....Appellants (In Civil App......irman and the publication of the gazette notification and administration of oath to the said Adbul Halim Gazi as the elected Chairman of the Jhalakathi Pourashava as illegal. 4. Writ-respondent No.7 i.e. the appellant and the writ petitioner along with 3..Category: Election Law | Date: 15 Mar, 2005 | Hits: 168
Mohiruddin Mondal alias Md. Mohiruddin Mondal and others Vs. State, 2005, 34 CLC (HCD)
.... by creditable and reliable evidence. The established principle of law is that the prosecution has to prove the case against the accused persons beyond reasonable doubt in order to convict them under proper sections. 15. Now let us see how far the prosecution has been able to prove the allegati......(2005) 779. ......t further states that the medical certificate does not tally with the injuries alleged to have been caused by the accused petitioners. He further submits that the court below committed serious illegality in convicting the accused‑ petitioners without any legal evidence. It is further stated t..Category: Criminal Law | Date: 14 Mar, 2005 | Hits: 4
Star Jute Mills Ltd. Vs. Chairman Labour Court, Khulna and others, 2005, 34 CLC (AD)
....d allowances. However, since there was some shortage of funds to meet the demands of the workers, some of the over enthusiastic workers and some outsiders started unruly activities, damaged the mills properties, broken the furniture, thrown brick bats heavily, injured the security guards on duty and...... (Civil) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J MA Aziz J Star Jute Mills Ltd. ……………………………Petitioner Vs. Chairman Labour Court, Khulna and others.......Respondents Judgment March 12, 2005. The Employment of Labour (Standing Or......udgment March 12, 2005. The Employment of Labour (Standing Order) Act, 1965 (VIII of 1965), Section 19(1) The labours have been terminated in aftermath of an occurrence held earlier but a legally constituted inquiry committee did not find any fault with the labourer petitioners on inquir..Category: Employment/Service Law | Date: 12 Mar, 2005 | Hits: 110
Mizanur Rahman (Md.) Vs. Commissioner of Customs and others, 2005, 34 CLC (HCD)
....ed to assess the consignment in question on the basis of the invoice price in accordance with law. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 510. ......Special Original Jurisdiction) Present: Syed Amirul Islam J Md. Abu Tariq J Mizanur Rahman (Md.)...................................Petitioner Vs. Commissioner of Customs and others...............Respondents Judgment March 6, 2005. Result: The Rule is....... Judgment Md. Abu Tariq J.- In this Rule the petitioner has challenged the assessment of customs duty on the ground that in determining the value of the consignment in question they have illegally rejected the invoice price and fixed a value arbitrarily without any material basis. The pet..Category: Fiscal/Taxation Law | Date: 6 Mar, 2005 | Hits: 1
Hazi Md Hossain @ Md Aowlad Hossain and others VS. Obaidul Haque & others, 2005, 34 CLC (AD)
....tional factor in arriving at the decision in the case in hand. The Code of Civil Procedure, 1908 (V of 1908), Order XXXIX, Rules 1 & 2 In a suit for partition of immovable property whether a party can be allowed to construct a multi-storied building on the land in excess......Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tofazzal Islam J Hazi Md Hossain @ Md Aowlad Hossain and others.....................Appellants Vs. Obaidul Haque and others... .................e prayer of the defendant No.52 on the finding since the suit in question is a suit for partition and, as such, in case of allowing construction prior to the disposal of the suit there is chance of legal complication. 6. It may be mentioned after the institution of the suit the plaintiffs ..Category: Civil Law | Date: 6 Mar, 2005 | Hits: 308
....er
Vs.
Md. Safiqul Huq and others………………………………………………..Opposite
Parties
With
Additional Deputy Commissioner (Rev), Dhaka
and In-charge, vested property, Dhaka District, Collectorate Building, Dhaka…………………………………
Petit......: 26 BLD (HCD)
(2007) 75.
...... opposite parties as other defendants praying for declaration that the
judgment and decree dated 5.6.1980 passed in Title suit No.346 of 1977 by the
First Court of the Subordinate Judge, Dhaka is illegal, void and not binding
upon the plaintiff. The plaintiff alleged that the suit land originally..
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)
.....26 should not be declared to have been made without lawful authority and is of no legal effect. 2. It is stated in the petition that in response to an advertisement the petitioner submitted a bid properly and obtained work order contained in Memo No.W-4/1429 dated 12.6.2002 from the Executive En......on) Present: ABM Khairul Haque J ATM Fazle Kabir J M/s. Shanker Kumar Das………………………………………………………….Petitioner Vs. Government of Bangladesh and 6 others………………………………..Respondents Judgment February 23, 2005. R......xure F-1 and the impugned letter dated 27.1.2003 i.e. Annexure-H so far as it affects the petitioner's sub-project No.26 should not be declared to have been made without lawful authority and is of no legal effect. 2. It is stated in the petition that in response to an advertisement the petitioner..Category: Civil Law | Date: 23 Feb, 2005 | Hits: 31
.... directive of the High Court Division is violative of the fundamental rights of respondent-petitioners Nos. 2 and 3 as the said Article prohibits any compulsory sale or purchase or acquisition of any property except in accordance with any law and inasmuch as permits such buyÂout.
Dr. M Zahir......ase is also Reported in: V ADC (2008) 271.
......paid up shares and moreover, the contents of Annexures Y, Z and ZA of the affidavit-in-reply will prove that some payments against purchase of the land was made by the respondent No. 1; for various illegalities and irregularities of the appellants the Assistant Registrar, Joint Stock Companies, Chit..
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. ......sion (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Bangladesh, represented by the Secretary, Ministry of Works, Housing and Settlement and ors................Petitioners Vs. Md. Abu Dakar and others... ........ judgment and order dated 9-2-2002 passed by the High Court Division in Writ Petition No. 673 of 2001. 2. The respondent No.1 filed the above writ petition stating, inter alia, that he was legally entitled to get allotment of a plot as affected person because the land of his father was a..Category: Property Law | Date: 16 Feb, 2005 | Hits: 69
Siraj Miah Vs. Mohammad Miah and others, 2005, CLC (HCD)
....eni, in Title Suit No.91 of 1977 renumbered as Title Suit No.52 of 1986 dismissing the suit should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts leading to the issuance of this Rule, in short, are that the plaintiff-petitio......h Court Division (Civil Revisional Jurisdiction) Present: Abdus Salam Mamun J Siraj Miah....................................Plaintiff-Petitioner Vs. Mohammad Miah and others.............Opposite Parties Judgment February 7, 2005. Result: The......t at the time of remanding the Title Suit No.91 of 1977 back for re‑trial on specific direction to find out right, title and possession of the parties in the suit land together with finding out the legal position of the Bainapatra on the face of the registered sale deed. 13. The learned Advoc..Category: Property Law | Date: 7 Feb, 2005 | Hits: 2
Mustaque Hossain (Md). Vs. Md. Shajahan Miah and another, 2005, 34 CLC (AD)
....f lease in which the tenant will not be ejectable for accepting the salamy. Such form of lease is not germane to the concept and proposition as to lease recognised under the law. A lease of immovable property is a transfer of a right to enjoy such property, made for certain time, express or implied,......5. ......t make the tenant a non-ejectable one and no interest other than tenancy right recognised by law could be created on payment of salami so as to prevent the tenant not liable to be ejected on specific legal ground for the purpose………………….(14) Case referred to: Munshi Amiruddin Ah..Category: Tenancy Law | Date: 1 Feb, 2005 | Hits: 120
SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ondents, should not be directed not to interfere with the peaceful possession of the petitioner in the case land, and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts leading to the issuance of the Rule, in brief, are: The petitioner is a li......so Reported in: 57 DLR (2005) 267. ......tion of Dhaka Tongi Diversion Road. By the MLO all the previous letters, orders and instruments were cancelled and re-vested the properties described in the schedule of the MLO to the Government. The legal heirs of Mrs. Rozario in compliance with the decree executed a deed of sale dated 30-9-1989 in..Category: Property Law | Date: 16 Jan, 2005 | Hits: 7
Monohar Joarder and others Vs. State, 2005, 34 CLC (HCD)
....f the wife of Tota Mia gave a 'fala' blow on the right thigh of the victim Asmat Ali causing bleeding injury as a result of which 6 days after the said occurrence he died for negligence and improper medical treatment. 9. After the conclusion of the trial the learned Additional Sessions ......orted in: 57 DLR (2005) 494. ......n had no premeditation to kill Sikim Ali, as such, application of section 149 bringing the operation in common object for tagging the other offence under section 302 of the Penal Code appears to be illegal. There being no common object or premeditation for killing deceased Sikim Ali by the accusedâ€..Category: Criminal Law | Date: 15 Jan, 2005 | Hits: 3
Barkatullah Khan (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....e declared to be ultra vires of Articles 27 and 31 of the Constitution of the People's Republic of Bangladesh and/or such other or further order or orders passed as to this Court may seem fit and proper." The petitioner, on completion of his studies at the University, successfully appe......Jurisdiction) Present: Md. Joynul Abedin J Zubayer Rahman Chowdhury J Barkatullah Khan (Md.)......................................Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment January 15, 2005. Result: The R......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. ..Category: Employment/Service Law | Date: 15 Jan, 2005 | Hits: 2
Habibullah (Md) Vs. Sher Ali Khan and others, 2005, 34 CLC (AD)
....ey have no possession in the land in suit, that the defendant raised the land and erected structure therein, that a suit for partition, Title Suit No.20 of was filed seeking partition of the ejmali property of Nawab Ali and his two brothers in the 5th Court of Subordinate Judge, Dhaka and in the ......ted in: 57 DLR (AD) (2005) 55. ......de of Civil Procedure, 1908 (V of 1908), Section 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 Cour..Category: Civil Law | Date: 15 Jan, 2005 | Hits: 177
Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)
....d 22‑1‑85 and 29‑1‑85 passed by the Munsif Bakergonj in Title Suit No.100 of 1984 should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The plaintiff-opposite party filed Title Suit No.100 of 1984 in the Court of Assista......Sikder (Md.)…………………………………………………Petitioner Vs. Gouranga Chandra Shil and others………………………&hellip......sign and seal exhibits or deposition sheets does not affect the merit of the case nor the jurisdiction of the Court and such omissions are mere defects or irregularities in the procedure and not an illegality when section 99 of the Code of Civil Procedure aims to prevent such procedural technicaliti..Category: Property Law | Date: 10 Jan, 2005 | Hits: 2
Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)
....f the Code of Criminal Procedure passed by the Magistrate in MR Case No.21 of 2003 and thereby dropping the proceedings, should not be quashed or any other order passed as this Court may deem fit and proper. 2. The relevant facts are that, the present petitioners as first party filed a petition......Revisional Jurisdiction) Present: Khondker Musa Khaled J ABM Hatem Ali J Abdur Rahman Sikder (Md.).......................................Petitioner Vs. Nur Mohammad Khan and others.................................Opposite Parties Judgment January 10, 2005. ......urt long before and dispute was pending in appeal the order of the Magistrate was malafide and it amounts to abuse of the process of the Court and, as such, the learned Sessions Judge has decided the legal question in right direction which does not call for interference. 6. In view of the afore..Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4
Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)
....p;………….(19) The Specific Relief Act, 1877 (I of 1877), Section 27 In view of the provisions of section 27 as the defendant no. 2 had acquired title to the property regarding which defendant no. 1 earlier entered into an agreement for sale with the plaint......vil) Present: Md. Ruhul Amin J Md. Tofazzul Islam J Amirul Kabir Chowdhury J Lal Miah (Hajee)…..Appellant Vs. Nurul Amin and others.......Respondents Judgment January 5, 2005. The E...... agreement for sale with the plaintiffs and as the defendant no. 2 failed to establish that he purchased the property in question in good faith without notice of the original contract there is no illegality in decreeing the suit and directing defendant no. 2 to execute and register the Kabala in ..Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147
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