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Sarafat Hossain Vs. Dr. Islamuddin, 1992, 21 CLC (HCD)
....er and thereafter the property were exchanged. Further case of the plaintiff is that he was living with the petitioner in portion of the property described in Schedule 'Ka' and also carrying on joint business by money obtained from the said exchange. There was a joint account in the bank and that pl......ain……………………..Petitioner Vs. Dr. Islamuddin…………………..Opposite Party Judgment August 27, 1992. Result: The Rule is discharged. Cases Referred to- Mohori Bibi and another and Dhurmadas Ghose, Indian Appeals Vol. 30 page 115; Jasimuddin Khan Vs. Md. A......her Appeal No.112 of 1985 does not call for any interference. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 724. ......her Appeal No.112 of 1985 does not call for any interference. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 724. ..Category: Property Law | Date: | Hits: 74
AW Malik Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)
....aw in deciding the question of title.” 2. The assessee submitted return of his income for the assessment year 1974‑75. The assessee derived income from legal profession from house property and business. We are concerned only with the income from house property. In support of income shown in t......Applicant Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka………………………….Respondent Judgment May 7, 1992. Lawyers Involved: Habibul Islam Bhuiyan, Advocate ‑ For the Applicant. Md. Moksudur Rahman, Advocate ‑ For the Respondent. Application No.10 of 1......we answer the question Nos. 2 and 3 in the affirmative and against the assessee. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ......we answer the question Nos. 2 and 3 in the affirmative and against the assessee. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ..Category: Fiscal/Taxation Law | Date: | Hits: 110
Bangladesh and another Vs. Md. Badiuzzaman and others, 2011, 40 CLC (AD)
....osal of the appeals. Appeals to be registered arising out of this leave granting order will be heard along with C.A.No.8 of 2008. Ed. This Case is also Reported in: VIII ADC (2011) 811. ...... Vs. Md. Badiuzzaman and others.......................Respondents (In both the cases) Order March 3, 2011. Result: Leave is granted. Lawyers Involved: Mahbubey Alam, Attorney General with Murad Reza, Additional Attorney General Korunaymoy Chakma, Deputy Attorney Genera......the said provisions of the Constitution. The learned Attorney General by referring to articles 1, 7, 9, 14, 27, 28(4), 29(3), 31, 59 and 60 of the Constitution vis-a-vis the amended provisions as incorporated in Act Nos.9, 10 and 11 of 1998 and the provisions of Act 12 of 1998 has lastly contended......f responsible Government'. Article 60 of the Constitution specially states that for the purpose of giving effect to the provisions of article 59 Parliament can confer powers on the local government bodies and the new section 67 of the 1989 Act enhances the concept of local government by providin..Category: Constitutional Law | Date: | Hits: 219
Amirul Huq Shameem and others Vs. AKM Shamsuddin & others, 1995, 24 CLC (HCD)
....gned Judgment passed by the learned District judge, Mymensingh. In the result, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 77. ......rties Judgment November 30, 1995. Result: The rule is discharged. Cases Referred to- AIR 1956 (Cal) page 428; 35 DLR (AD) 42. Lawyers Involved: Ziaur Rahman Khan, Advocate–For the petitioner. Habibul Islam Bhuiyan with Mirza Hossain Haider, Advocates–For the Opposite...... defendant Petitioners that due to continual irregularities in the absence of proper elections and democratic norms, the defendant Petitioners applied to the Bangladesh Sarak Paribahan Samity, a body corporate and parent organisation of all the road transport service in Bangladesh, to look into thei......gned Judgment passed by the learned District judge, Mymensingh. In the result, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 77. ..Category: Civil Law | Date: | Hits: 85
Kibria and Associates Ltd. Vs. Bangladesh Agricultural Development Corporation, 1992, 21 CLC (HCD)
....e KM Sobhan as the sole Arbitrator. 3. The appellant before the Arbitrator submitted claim for Tk. 70,54,068.00 upto June 30, 1990. The said amount included Tk. 21,31,800.00 and Tk. 3,19,770.00 as business loss which was calculated at the rate of 15% as on July 1, 1984. The appellant further clai......il Appellate Jurisdiction) Present: AM Mahmudur Rahman J Syed JR Mudassir Hossain J Kibria and Associates Ltd…………………Appellants Vs. Bangladesh Agricultural Development Corporation……………………Respondents Judgment September 6, 1992. Cases Referred to......(PC) 66, speaking for the, Judicial Committee Lord Dunedin says: "An error in the law on the face of the award means in their Lordships" view, that you can find in, the award or a document actually incorporated thereto some legal proposition which is the basis of the award and which you can then say......ters at rest arising out of the situation like the present one. In the result, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 712. ..Category: Alternative Dispute Resolution | Date: | Hits: 156
Ambala Cold Storage (Pvt.) Ltd. Vs. Prime Insurance Co. Ltd., 2001, 30 CLC (HCD)
.... to why this application for winding up of the respondent company should not be admitted for hearing. 2. The case of the petitioner is that, the petitioner is a private limited company carrying on business of cold storage having its office at House No. 39, Rood No. 2. Dhanmondi, Dhaka. The petiti......terms of the policy. Ed. This Case is also Reported in: 56 DLR (2004) 422. ......ed without any order as to costs. The petitioner may, however, make their claim before the competent civil Court in terms of the policy. Ed. This Case is also Reported in: 56 DLR (2004) 422. ......ed without any order as to costs. The petitioner may, however, make their claim before the competent civil Court in terms of the policy. Ed. This Case is also Reported in: 56 DLR (2004) 422. ..Category: Company Law | Date: | Hits: 168
Commander (Rtd) A A Chowdhury Vs. AKM Imam Hossain and others, 1996, 25 CLC (HCD)
....he suit by filing a written statement. The case of defendant No.2 is, that the defendant No.1 entered into the suit premises as a tenant under the plaintiff as per written agreement and continued his business of Travel Agency till the end of 1988. The defendant No.1 thereafter, transferred his busin......………………………………………….Opposite Parties Judgment August 4, 1996. Result: The Rule is discharged. Cases Referred to- S Sibtain Fazli Vs. Star Film Distributors and another 14 DLR 307; Shiv Dayal Kapoor and others Vs. Union of India New Delhi and another AI...... reference by this Court. In the result, the Rule is discharged with costs. The stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 23 ...... reference by this Court. In the result, the Rule is discharged with costs. The stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 23 ..Category: Property Law | Date: | Hits: 65
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....we find no merit in this Rule. In the result the Rule is discharged without any order as to costs. Tariq ul Hakim J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 203. ......Bangladesh and others, 55 DLR 1, M.A. Taher Miah vs. Government of Bangladesh and others, 6 MLR (AD) 68. Lawyers Involved: Ruhul Quddus with M. A. Mannan Khan with Mrs. Amatul Karim, Advocates-for the Petitioners. Mahmudul Islam with M. A. Hannan, Advocates-For the Added Respondent No.5. ......we find no merit in this Rule. In the result the Rule is discharged without any order as to costs. Tariq ul Hakim J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 203. ......icly owned and may or may not be accessible to the general public. Open space includes, but is not limited to parks, playgrounds, play fields, botanical gardens, fountains, reflecting pools and other bodies of water, walkways and non buildable rights-of-way. In determining whether an area is open sp..Category: Property Law | Date: | Hits: 135
Mitali Shipping Lines Vs. Bhuiyan Navigation Agency, 1991, 20 CLC (HCD)
....r passed by Assistant Judge, 3rd Court, Dhaka in Title Suit No.188 of 1887 under section 151 CPC. 2. The short facts for disposal of the Rule are, that the petitioner Mitali Shipping Lines carries business in partnership and owns a steel hull cargo vessel M V Asrafuddin. By an agreement executed ......itioner. Vs. Bhuiyan Navigation Agency............. Opposite Parties. Judgment February 12, 1991. Result: The Rule is made absolute. Lawyers Involved: Saidul Huq, Advocate ‑For the Petitioner. No one‑ For the Opposite Parties. Civil Revision No.7 of 1988. Judgme...... court revising the order of the learned Magistrate made under section 516A CrPC. The Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 230. ...... court revising the order of the learned Magistrate made under section 516A CrPC. The Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 230. ..Category: Civil Law | Date: | Hits: 97
Agrani Bank Limited Vs. M/S. Kalipada Saha & Brothers and others, 2011, 40 CLC (AD)
....espondents for realization of a sum of TK. 15,03,77.00 as on 22.04.2004 on the averments, inter-alia, that the predecessors of the respondents, namely, Kalipada Saha, and Brojendra Nath Saha, had a business house under the name and style M/S. Kalipada Saha and Brothers and they had transactions wi......ers………………..Respondents Judgment June 22, 2011. Result: The petition is dismissed. Lawyers Involved: Md. Hefzul Bari, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Harunur Rashid, Advocate instructed by Syed Mahbubar Rahman, Advocate-on-......of fact arrived at by the appellate Court, consequently, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 637.......of fact arrived at by the appellate Court, consequently, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 637...Category: Civil Law | Date: | Hits: 55
ASM Abdur Rob Vs. The State, 1991, 20 CLC (HCD)
.... the merits of the case as it should prejudice the accused at the trial. The Rule is thus discharged. Communicate the order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 205.........Petitioner Vs. The State ...............Opposite Party Judgment August 29, 1991. Result: The Rule is discharged. Lawyers Involved: Sirajul Huq with Ahmed Ali, Advocates ‑ For the Petitioner. M Shamsul Alam, Deputy Attorney‑General with SA Hasan, Assistant Attorney‑...... the merits of the case as it should prejudice the accused at the trial. The Rule is thus discharged. Communicate the order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 205....... also in die second FIR that two murders occurred in that polling and the presiding officer giving details of the occurrence in making the FIR yet ASM Abdur Rob was declared elected over the two dead bodies. It shows how powerful he was. He was very powerful not only to be declared elected in spite ..Category: Criminal Law | Date: | Hits: 85
Kudrat‑E‑Elahi Panir and others Vs. Bangladesh, 1991, 20 CLC (HCD)
....nterpretation of the Constitution, particularly, Articles 7(2), 8(2), 9 and 59 read with the first item of Article 152(1) thereof. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 179. ......pl.) page 1; Kesavananda Vs. State of Kerala, AIR SC 1973, 1461 p‑1509. Lawyers Involved: Amirul Islam, Zakir Ahmed, KM Safiuddin Ahmed, AFM Mesbahuddin & Md. Nurul Huda, Advocates ‑ For the Petitioners (In all the writ petitions). Aminul Huq, Attorney‑General, with Abdul Wadud......stration Reorganisation) Ordinance, 1982 was repealed. Under the repealed Ordinance the country was divided into several Upazilas and for every Upazila an Upazila Parishad was constituted as a body corporate. Under section 24 of the repealed Ordinance an Upazila Parishad was to undertake some fu......d piece of legislation and it is not inconsistent with any provision of the Constitution. The Government has already set up a Commission and on the basis of the report of that commission the Local bodies will be established. 7. The petitioner of Writ Petition No.2937 of 1991 filed an affidav..Category: Constitutional Law | Date: | Hits: 461
Pubali Bank Ltd. Vs. Sultana Oil Mills and Soap Factory and others, 1998, 17 CLC (HCD)
....simple principle of law and equity. As this is a suit for recovery of loan outstanding amount of loan granted against defendant-respondent No.1 against equitable mortgage as cash credit, as a running business capital on pledge of its business goods and stock-in-trade along with other mortgaged prope......ourt High Court Division (Civil) Present: Mahmudul Amin Chowdhury J Md. Abdul Aziz J Pubali Bank Ltd.…………………………Appellant Vs. Sultana Oil Mills and Soap Factory and others......................Respondents Judgment November 17, 1998. Result: ......der as to costs. The judgment and decree passed by the trial Court is hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 323. ......der as to costs. The judgment and decree passed by the trial Court is hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 323. ..Category: Business or Commercial Law | Date: | Hits: 196
Salahuddin (Md.) & others Vs. State, 1997, 16 CLC (HCD)
....r Police Station against the petitioners on the accusations, inter alia, that the accused-petitioners in collusion with each other took loan of Taka 1,72,00,000.00 from him for the purpose to start a business of iron materials. He gave the aforesaid amount on five instalments. Later on the informant...... Vs. State………………………Opposite Party Judgment August 19, 1997. Result: The application is summarily rejected. Lawyers Involved: Sheikh Atiar Rahman, Advocate- For the Petitioner. Not Represented — the Opposite Parties. Criminal Miscellaneous Case No. 4...... 561A Cr.P.C. as the Code under section 265C provides for an alternative remedy. Accordingly, the application is summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 299....... 561A Cr.P.C. as the Code under section 265C provides for an alternative remedy. Accordingly, the application is summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 299...Category: Criminal Law | Date: | Hits: 83
Anwarul Hoque (Md.) Vs. Golam Mahmud and Md. Mohsin, 1999, 18 CLC (HCD)
....urt subordinate to this court alleging commission of contempt of court is sent to this court without making any enquiry and finding prima fade case, then this court would be burdened with unnecessary business. Accordingly, the reference is rejected and the matter is disposed of with the above observ......egum Vs. Ansaruddin, 5 BLT 191. File No. 1 M-49/98. Judgment Kazi Ebadul Hoque J.- It appears from the Office note that Miscellaneous Case No.210 of 1979 filed by the House Building Finance Corporation was disposed of on 26-5-97. Operative portion of that order of the Court was as follows: ......tary, Ministry of Law, Justice and Parliamentary Affairs for circulation to the District Judges for guidance of all subordinate courts. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 242.......tary, Ministry of Law, Justice and Parliamentary Affairs for circulation to the District Judges for guidance of all subordinate courts. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 242...Category: Criminal Law | Date: | Hits: 73
Bangladesh Sugar and Food Industries Corporation Vs. Md. Kashem and others, 2002, 31 CLC (HCD)
....e suit land would be leased out to him. Accordingly, the plaintiff raised the suit land and made pucca construction with tin shed in the latter part of 1970 and since then he has been carrying on his business of workshop in the name and style Kashem Motor Works. In the meantime liberation movement s......d. This Case is also Reported in: 55 DLR (2003) 350.......otment’ dated 10‑4‑1974 as discussed above. I am of the view that when PW 1 admitted that the plaintiff was dispossessed from a portion of the suit property it was a must for the plaintiff to incorporate the said fact and add necessary prayer by way of amendment of the plaint specifying the ar......0‑3‑1995 passed by the Subordinate Judge, 3rd Court, Dhaka, in Title Suit No. 144 of 1975 are hereby set aside and the suit be dismissed. Ed. This Case is also Reported in: 55 DLR (2003) 350...Category: Property Law | Date: | Hits: 122
M/S. Rupanti Enterprise Vs. Unilever Bangladesh Limited and others…, 2011, 40 CLC (AD)
....ladesh. No other person or company is, therefore, legally entitled to manufacture, import, distribute and market Unilever products within the territory of Bangladesh. The petitioner, in course of its business, has invested a huge sum of money in marketing, brand promotion and advertising the above m...... Unilever Bangladesh Limited and others………………...Respondents (In both the cases) Order June 23, 2011. Result: The leave is granted. Lawyers Involved: Mahmudul Islam, Senior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record- For the Petitioner. (In both the......nd respondent No.1 shall file the concise statement within one week thereafter. The appeal is fixed for hearing on October 10, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 551. ......nd respondent No.1 shall file the concise statement within one week thereafter. The appeal is fixed for hearing on October 10, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 551. ..Category: Fiscal/Taxation Law | Date: | Hits: 168
....ayer in disposing of a matter under Article 102 of the Constitution.
The Rule is therefore discharged without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 619.......pecial Original Jurisdiction)
Present:
Md. Abdul Jalil J
Md. Badruzzaman J
Kazi Shafiul Nasher…………………Petitioner
Vs.
Secondary and Higher Secondary Education Board, Jessore and others………………Respondents
Judgment
December 18, 1991.
Result:
The Rule......ayer in disposing of a matter under Article 102 of the Constitution.
The Rule is therefore discharged without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 619.......ses a degree of a student was withdrawn. In the case of Mohinder Singh Jamal Vs. University of Jammu and others, reported in 1984 AIR (Jammu @ Kashmir) 40 it was held: in inquiry before high academic bodies, the delinquent is not and cannot be given right to cross‑examine the witness as a judicial..
Category: Civil Law | Date: | Hits: 159
Anti Corruption Commission Vs. M.A.H. Salim and others, 2011, 40 CLC (AD)
....the writ petitioner to have been passed without lawful authority and is of no legal effect. 2. Short facts relevant for the disposal of this petition are that the writ petitioner is the owner of a business house. The Anti-corruption Commission instituted a case with the Ramna police station again...... Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazniun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Anti Corruption Commission represented by it's Chairman, 1, Segunbagicha, Dhaka……………….Petiti......one week of submission of the appellant's of concise statement. The parties are at liberty to mention the matter for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 474. ......one week of submission of the appellant's of concise statement. The parties are at liberty to mention the matter for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 474. ..Category: Criminal Law | Date: | Hits: 136
Abdur Razzaque Vs. Bangladesh Agricultural Development Corporation and others, 1991, 20 CLC (HCD)
.... that the petitioner be reinstated in his service at once. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 613. ......on (Special Original Jurisdiction) Present: Qazi Shafluddin J Mainur Reza Chowdhury J Abdur Razzaque……………………Petitioner Vs. Bangladesh Agricultural Development Corporation and others…………………Respondents Judgment December 18, 1991. Result: ......body, authority or organisation constituted or established by the Government or by or under any law………” 9. Admittedly, Bangladesh Agricultural Development Corporation is a statutory body incorporated under the Bangladesh Agricultural Development Corporation Ordinance, 1961 and the petitio...... that the petitioner be reinstated in his service at once. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 613. ..Category: Employment/Service Law | Date: | Hits: 67
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