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Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)

....uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ......icular day, in computing that time such day shall be excluded. When no day of commen­cement is named, the time so limited begins from the making of the lease. Where time so limited is a year or a number of years, in the absence of an express agreement to the contrary, the lease shall last during..

Category: Property Law | Date: | Hits: 103

Omed Ali Sikder Vs. Arman Sikder and others, 1979, 8 CLC (AD)

....tion are set aside and the learned Subordinate Judge is directed to dispose of the matter in the light of the ob­servations made above. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 320....... became necessary because in the meantime the landlords interests were acquired by the Government and the revisional settlement operation started. As the suit plots were recorded under different plot numbers and khatian numbers, and some of the defen­dants died in the meantime, the parties felt the..

Category: Property Law | Date: | Hits: 78

Nuvista Pharma Limited Vs. National Board of Reve­nue and others, 2010, 39 CLC (HCD)

....ustoms, Excise and VAT North Commissionerate House, Dhaka will be at lib­erty to encash the bank guarantee. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 132. ...... against Letters of Credit opened in the name of Nuvista Pharma Limited. These consignments could not be cleared by the cus­toms authorities as the name of the petitioner as per the VAT registration number was still "Organon (Bangladesh) Limited". Consequently the petition­er's production and sale..

Category: Fiscal/Taxation Law | Date: | Hits: 181

S. M. Basiruddin Vs. Zahurul Islam Chow­dhury and another, 1982, 11 CLC (AD)

....e appeal is allowed with cost, the orders allowing pre­emption are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 230. ......e com­pensation assessment rolls on the basis of the record-of-rights finally published or deemed to have been finally published under Chapter II of the Act. Rule 61 speaks about assignment of Touzi number under section 46(1). Rule 61 reads as follows:— “After the final publication of the Co..

Category: Property Law | Date: | Hits: 85

Nurul Islam and others Vs. Arif Ullah and others, 2012, 41 CLC (HCD)

....Accordingly the Rule is discharged. The order of status quo granted earlier at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ...... 1979. By the said order the Munsif-in-charge granted temporary injunction in favour of the plaintiffs. 2. It appears from the order book that the Rule was issued on 26.2.1984 and initially it was numbered as Civil Revision No. 24 of 1984. Subsequently it was renumbered with its present number po..

Category: Property Law | Date: | Hits: 70

Mahbub-ul-Alam Md. (Minor) and another Vs. Md. Alimuddin Karikor, 2009, 38 CLC (HCD)

.... judgment and order dated 9-4-2007 passed by the Revisional Court below is hereby set aside and that of the Executing Court is upheld. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 76. ......e No. 50/1998 on an application under Order IX, rule 13 read with section 151 of the Code of Civil Procedure for setting aside the ex parte decree and restoration of the suit to its original file and number which was dismissed for default on 4-4-2002 after filing written objection by the plaintiffs...

Category: Civil Law | Date: | Hits: 100

Mokthar Masum Abedin and others Vs. Nironjan Kumar Mondol and others, 1997, 26 CLC (HCD)

.... two thousand) only to the plaintiff-opposite- party. Stay granted by this Court at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341.......han the suit land as described in schedule-Kha to the plaint. 22. It is pertinent to note here that the petitioners claim to have purchased the plaint schedule-Kha and Ga property by way of a good number of sale deeds and also Danpatra deeds. Since the petitioners purchased the properties during ..

Category: Procedural Law | Date: | Hits: 74

Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)

....ate Court is set aside and that of the trial Court is upheld in part with the above term. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 70.......ific performance: III. Where the plaintiff has done substantial acts or suffered losses in consequence of a contract capable of specific performance." 22. This section has been interpreted in a number of decisions by this Court and in this connection, Mr. Gafur, the learned Advocate for the ap..

Category: Procedural Law | Date: | Hits: 129

Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....is still in seisin of the matter.   Consequently, the prayer for certificate is rejected.  Ed.  This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ......iation. He is a conscious citizen of Bangladesh. He is keen to uphold the fundamental rights of the citizens enshrined in the Constitution of the People's Republic of Bangladesh. He has served a good number of years in the Sub-ordinate Judiciary and is thus conscious of the dignity, prestige and hon..

Category: Constitutional Law | Date: | Hits: 270

American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)

....s to costs. Order of the Court. In accordance with the view of the ma­jority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276....... of the proceeding it appears that the de­termination of the inferior tribunal is wrong in law. (Halsbury's Laws of England, 3rd Edition, Vol. II, P. 61. para 118). The Pa­kistan Supreme Court in a number of deci­sions laid down the case of Mian Jamal Shah Vs. the Member, Election Commission, Gov..

Category: Fiscal/Taxation Law | Date: | Hits: 156

Bangladesh Steamer Agent's Association Vs. Bangladesh & others, 1979, 8 CLC (AD)

....udgment of the High Court Division is set aside and the impugned order is set aside as having been passed without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 272....... the foreign exchange is ear­ned by the country. LMD is vital to the busi­ness of the steamer and shipping agents, as well as, the country’s and international shipping business. 4. There are a number of other organisa­tions viz. Chittagong and Khulna Chambers of Commerce and Industry who are..

Category: Business or Commercial Law | Date: | Hits: 208

Abeda Chowdhury Vs. State and another, 2009, 38 CLC (HCD)

....Advocate for the petitioner is per­mitted to take back the certified copies of the annexure by replacing the photocopies of the same. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 118. ......­trate, Dhaka sent the case record to the Court of Metropolitan Sessions Judge, Dhaka by its order dated 2-4-2006. 5. The learned Metropolitan Sessions Judge, Dhaka on receipt of the case record renumbered the same as Sessions Case No.2394 of 2006 of the Court of Metropolitan Sessions Judge, Dhak..

Category: Criminal Law | Date: | Hits: 113

New India Tea Company Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)

....al is accordingly allowed in part, the order of the High Court set aside, and the Writ Petition dismissed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303.......t receipt dated 25.3.67 produced by the appellant-company in support of its claim that rent was being paid by the company to the Government and it also found discrepancies with respect to the Khatian number mentioned in the rent receipt. The land in dispute was recorded as Khatian No.1/36 after the ..

Category: Property Law | Date: | Hits: 87

Md. Hemayet Hossain and others Vs. Chairman, Rajdhani Unnayan Kartripakha (RAJUK) and others, 2010, 39 CLC (HCD)

....ules which are accordingly, discharged, without, however, any order as to cost. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 85. ......that the Waqf deed itself was a forgery and sought to pro­duce a certified copy of another deed No.30 for the year 1864. However, in due course, the learned Deputy Attorney General having produced a number of original volumes for the year 1864, which were in the keeping of the District Registry, it..

Category: Property Law | Date: | Hits: 106

Md. Hasanul Islam Hanif @ Galcuta Hanif Vs. State, 2011, 40 CLC (HCD)

....ith any other case. Let the lower Court's record with a copy of this Judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 196.......any as 7 witnesses who proved recovery of arms and bullet from the exclusive control and possession of the petitioner. Referring to section 134 of the Evidence Act, he next submits that no particular number of witnesses shall, in any case, be required for the proof of any fact. He lastly submits tha..

Category: Criminal Law | Date: | Hits: 92

Md. Selim Vs. State, 2011, 40 CLC (HCD)

....tated above, we do not find any merit in the appeal. Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ......a charge sheet on 14.5.1995 against the sole appellant under section 19 (a) of the Arms Act. 3. The case after being ready for trial, was sent to the Special Tribunal No.1, Comilla, wherein it was numbered as Special Tribunal Case No.129 of 1995. The learned Judge of the Tribunal took cognizance ..

Category: Criminal Law | Date: | Hits: 94

Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)

.... 2nd Court, Narayanganj is hereby set aside and the plaint of Title Suit No.31 of 2002 is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 97, 118; 16 BLC (HCD) (2011) 277, 293. ......rned Joint District Judge and Artha Rin Adalat No.3 Dhaka against the defendant-opposite parties for recovery of its outstanding dues by selling the mortgaged property. Later on, the said suit was re-numbered on transfer as Title Suit No.54 of 1998 in the Court of learned Joint District Judge and Ad..

Category: Civil Law | Date: | Hits: 141

American Bureau of Shipping Vs. Commissioner of Taxes (South) Zone, Chittagong, 1994, 23 CLC (HCD)

....l dispose of these three Reference applications namely, Application Nos. 80, 81 and 82 of 1992. There shall be no order as to costs. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 1. ......outside Bangladesh can be taken into account for computing taxable income in this country. 3. The points of law referred to by the assessee in this Reference Application No. 80 of 1992 are many in number but is boils down to the following namely: "Whether on the facts and circumstances of the ..

Category: Fiscal/Taxation Law | Date: | Hits: 159

Abdul Ali and another Vs. State, 1977, 6 CLC (AD)

....e with the judgment of brother K. Hossain J. Order of the Court In view of the opinion of the majority the appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 58. ......ted out that the learned judges have not mentioned any clause of sec­tion 21 of the Penal Code, which covers the case of the appellants. The view held by the High Court cannot be sustained. 10. A number of decisions have been cited from the Bar. They are: Balmukund Vs. Collector, Ahmednagar, A.I..

Category: Criminal Law | Date: | Hits: 115

Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)

....man and that of Respondents No.5, 6 and 7 as members from Ward No.2 of Satarkul Union Parishad, within police station Gulshan, in Dacca, held on 13-1-77, was without lawful authority inasmuch as 6414 voters out of total 9939 voters were not allowed to cast their votes in the said election on the ple......ion on the plea that they were not voters of the Satarkul Union Parishad, that the voter's list was erroneous and incorrect, as they were included within Dacca Municipal Corporation, and that a large number of vo­ters could not participate in the election on account of the arbitrary closing down of..

Category: Civil Law | Date: | Hits: 111