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Shafiqul Islam Khan Vs. The Commissioner of Taxes, 2012, 41 CLC (HCD)
.... formulated by the Assessee-Applicant, Shafiqul Islam Khan, seeking an opinion from this court; (1) Whether on the facts and in the circumstances of the case, the Tribunal was justified in law not holding that the AACT as well as the DCT acted illegally in treating the investment under Section 19......d in the application which have been made not pressed by the learned Advocate Mr. A.J. Mohammed Ali, appearing on behalf of the Assessee-applicant, as the answer to the aforementioned questions will cover the other questions. 3.Facts of the case: It has been asserted in the application that th..Category: Fiscal/Taxation Law | Date: | Hits: 83
....ubber, whatever be the area, if certified by the prescribed Revenue Authority. If there is cultivation of tea or coffee without manufacture of tea or coffee, the sub-section will not apply. A company holding land for the cultivation of sugarcane for the purpose of manufacture of sugar by that compan......ve impact on environment and DMDP recommends that all such development permits issued by RAJUK for the development of housing within this area should be withdrawn and that no new ones be allowed. Moreover, conditions and restrictions have been imposed in DMDP and also by section 5 of Ain of 2000 pro..
Category: Environmental Law | Date: | Hits: 434
....orks of the project nor repaid the loan money. The Deputy Commissioner, Rangamati by his Judgment and order dated 18.08.1997 as contained in "Annexure-B" to the writ petition dismissed the Money Suit holding that
“বাদীর আরজি, বিবাদীর লিখিত জবাব......2.
..
Category: Civil Law | Date: | Hits: 74
Chairman, Rajdhani Unnayan Kartipakha Vs. Ramjan Ali and others, 2006, 35 CLC (HCD)
....d to RAJUK in presence of plaintiffs predecessor in interest. 13. The trial court on proper consideration of the material evidence on record, both oral and documentary, dismissed the suit properly holding that the plaintiffs could not prove their prima facie title to the suit land and the suit la...... suit land for the purpose of getting a decree for permanent injunction. The trial court also discussed the oral evidence of the respective parties and decided that the suit land was acquired by the Government and possession was delivered to DIT now RAJUK. 5. The appellate court, on the other han..Category: Property Law | Date: | Hits: 56
Momin Miah & others Vs. Md. Shafiullah Patwari and others, 2007, 36 CLC (HCD)
....m a rustic/village witness like P.W.3. Learned Appellate Judge found exception with the finding of learned Trial Judge on the point of limitation and held that Trial Judge was not at all justified in holding the suit to be barred by limitation. No exception can be taken to the decision arrived at by......osed of. Cases Referred to- Upendra Chandra Rishi Vs. Sufia Begum, 42 DLR (AD) 285; Bangladesh Vs. Chand Mia, 44 DLR (AD) 98; Santosh Kumar Chakraborty Vs. MA Motaleb Hossain, 36 DLR (AD) 248; Government of Bangladesh Vs. Ramananda Sarker,54 DLR (AD) 35; Azizur Rahman Vs. Mariamunriessa, 54 DL..Category: Property Law | Date: | Hits: 64
Md. Golam Mostafa Vs. State, 2010, 39 CLC (HCD)
....e petitioner bringing the allegations of shortage of fertilizers, meantime seized by police on 02.02.2000, which, ex facie shows the falsity of the subsequent case filed on 13.02.2000; and that after holding a full-fledged trial the learned Judge of the Special Tribunal No.3, Bogra, passed Judgment ......after hearing the case, by its Judgment and order dated 30.04.2008, acquitted all the accuseds including the present accused petitioner from the charges brought against them and also directed to hand over the seized fertilizer to the accused loanee. The aforesaid F.I.R. dated 02.02.2000 was filed an..Category: Criminal Law | Date: | Hits: 97
Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
....mpromise earlier agreed by the parties on some flimsy and untenable grounds. Upon hearing the parties the learned Court passed an order dated 15.3.1997 rejecting the application for compromise decree holding that respondent No, 3 had not agreed to the compromise and that there was no signature of re......e case as stated in the petition are that the petitioner No.1 is a company engaged in jute mills business and petitioner No.2 is its Managing Director. Petitioner No.1 has been enjoying various loan, over draft and banking facilities from its banker, respondent No.3, for the purpose of its business;..Category: Civil Law | Date: | Hits: 112
Hachina Begum and others Vs. Abdul Mannan and others, 2010, 39 CLC (HCD)
....sh Government was satisfied that the executant, Abdul Kader Mia was squarely a valid citizen to execute the kabulyat( Ext.1). 26. Now, let us examine how far the trial Court below was justified in holding that the suit was barred by law of limitation as well as barred by section 42 of the Specifi......f right by itself does not constitute a ground of limitation, when the title is threatened or evasion only then the cause of action would arise……………….(28) The records of rights of the Government which at best are evidence of possession at the time when such records are prepared and no..Category: Property Law | Date: | Hits: 146
Md. Sazzad Hossain Vs. M/S. Kaderia Publication and another, 2006, 35 CLC (HCD)
....d 04.02.2002 by allowing the plaintiffs application under section 151 of the Code of Civil Procedure and rejecting the defendant's application under Order 26 Rule 9 of the Code of Civil Procedure for holding local investigation. 2. The opposite party No.1 as plaintiff filed title suit No.183 of 1......f suit plot No.355, there situates CS plot No.354 and from the west and south part of CS plot No.354, 18 decimals have been acquired for Mohakhali Gulshan link Road and for commercial area; that the government also acquired 43 decimals from the south of suit plot No.355 of the link road; that the la..Category: Property Law | Date: | Hits: 84
Shahidul Haque and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... Rule in Writ Petition No.9390 of 2010, in brief, are that the central executive committee of NASCIB by its resolution dated 15.9.2010 formed an Election Board as well as an Election Appeal Board for holding the election of its central executive committee for the term 2011-12. The Election Board dec....... Cases Referred to- Bangladesh Bank and others Vs. Zafar Ahmed Chowdhury and another, 53 DLR (AD) 70; Khorshed Alam, Managing Director of Spark and Construction Ltd. Vs. Ministry of Commerce, Government of the People’s Republic of Bangladesh and others, 47 DLR, 209; 53 DLR (AD) 70. Lawye..Category: Civil Law | Date: | Hits: 114
Hajee Helal Uddin Ahmed Vs. National Sports Council and others, 2012, 41 CLC (HCD)
.... 30.1.2012 passed by the Election Commissioner for the election, 2012 of the association overruling Objection No.7/2012 (annex-E) that was raised by the petitioner against the voter list prepared for holding the election. 2. The petitioner is the senior most sports organizer and social activist ......ex-D) nominating seven members in the general body of Divisional Sports Association, Sylhet and the order dated 30.1.2012 passed by the Election Commissioner for the election, 2012 of the association overruling Objection No.7/2012 (annex-E) that was raised by the petitioner against the voter list pr..Category: Others | Date: | Hits: 94
Md. Shawkat Ali Vs. Director General and others, 2010, 39 CLC (HCD)
....€¦â€¦â€¦â€¦â€¦â€¦â€¦Respondents Judgment May 3, 2010. Result: The Rule is made absolute. The right to office one holds and right to draw salaries is vested right. The decision of withholding the payment of Government portion of salary falls on the petitioner by way of punishment and......ondents Judgment May 3, 2010. Result: The Rule is made absolute. The right to office one holds and right to draw salaries is vested right. The decision of withholding the payment of Government portion of salary falls on the petitioner by way of punishment and punishment cannot be im..Category: Employment/Service Law | Date: | Hits: 119
Md. Rakibul Islam and others Vs. Anwar Hossain and another, 2009, 38 CLC (HCD)
....aintiff got possession in the suit land through Imam Hossain, but the learned appellate Court found that no such statement is there in the plaint. So, the learned appellate Court was not justified in holding that no such statement has been made in the plaint. The learned appellate Court further held...... On 03.03.93 plaintiff (petitioner herein) filed Title Suit No.11 of 1993 in the court of Assistant Judge, Bhederganj, District Shariatpur against defendants Anwar Hossain Gazi, Shahanara Begum and Government of the People's Republic of Bangladesh as defendant Nos. 1, 2 and 3 for specific performan..Category: Property Law | Date: | Hits: 103
Haji Azizur RahÂman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)
....e the accused and record his reasons for so doing." 8. The learned Assistant Session Judge deemed to be Additional Sessions Judge came to the finding that the learned Magistrate acted illegally in holding that the offence could not be proved without assigning any reason whatsoever. He also observ......r the Rule is discharged. Let the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur RahÂman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 4. ..Category: Procedural Law | Date: | Hits: 78
Ahmed Akbar Sobhan Vs. State, 2011, 40 CLC (HCD)
....y the prosecution as evidence does not support the proseÂcution case rather disproved the allegation of proseÂcution. None of the prosecution witnesses deposed that the accused Nos.1 to 5 have been holding more than US$ 25,000 and, as such, there is no legal eviÂdence to sustain conviction neithe......3 In case of any contravenÂtion of any provision of the Foreign Exchange Regulation Act etc. complaint should be filed before the Magistrate by the person authorized in this behalf either by the Government or by the Bangladesh Bank and not by lodging any FIR and that too by an authorized person...Category: Criminal Law | Date: | Hits: 109
Saleha Khatoon @ Saleha Begum Vs. Abdur Rahman Kha, 2009, 38 CLC (HCD)
....fendant (Opposite Party) field a written statement and contested the suit. 4. The learned Senior Assistant Judge, Madhukhali, Faridpur decreed the suit by his judgment and decree dated 25.05.1999, holding that the defendant had not been in possession of the disputed land earlier and the plaintiff......as plaintiff, instituted Title Suit No.25 of 1998 under Section 9 of the Specific Relief Act in the Court of Senior Assistant Judge, Madhukhali, Faridpur against the defendant (Opposite Party) for recovery of possession by evicting the defendant in respect of 5 decimals of land morefully described i..Category: Civil Law | Date: | Hits: 114
.... of the evidence and materials on record having decreed the suit the learned appellate Court committed error in allowing the appeal by setting aside the judgment and decree of the learned trial Court holding that the suit is barred by limitation. The learned Advocate further submitted that the defen......y having contested the suit claiming that he is a purchaser for value of the suit land having no knowledge of the disputed contract, the learned appellate Court committed error in allowing the appeal overlooking the provision of section 27 of the Specific Relief Act as well as section 53 A of the Tr..
Category: Civil Law | Date: | Hits: 103
Abdul Matin Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (HCD)
....pura by way of registered Patta deed dated 9-4-1951 and got possession thereof. d. Suit was contested by First-DefenÂdant-Government of East Pakistan. e. Pleader Commissioner was appointed for holding Local Investigation in respect of suit property. Pleader ComÂmissioner submitted a Report. ...... 13 BLC (HCD) (2008) 30. ..Category: Property Law | Date: | Hits: 69
....s Limited and others………………Appellants
Vs.
Arab Bangladesh Bank Limited and others………………Respondents
Judgment
May 5, 1998.
Result:
The appeal is allowed.
For holding a valid meeting of the Board of Directors written notice must be given to all the member of ......such Board Meeting or any resolution with malafide intention. This illegal and fraudulent resolution was initially kept secret from the plaintiffs appellants as part of the well designed plan to take over control of the plaintiff No.1 company both over its finance and management. It is the further c..
Category: Company Law | Date: | Hits: 127
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....three years and the very existence and foundation of the Republic was severely threatened. Even in that trying and precarious situation the Hon’ble Judges of the Supreme Court did not relent from upholding the fundamental principles of the Constitution in obedience to their oath and held that Cong...... Major Ziauddin and others……………...Petitioner (In Writ Petition 1048 of 2011) And Md. Abdul Mazid………………….............Petitioner (In Writ Petition 1059 of 2011) Vs. Government of Bangladesh and others…………Respondents (In all the Writ Petitions) Judgment ..Category: Criminal Law | Date: | Hits: 154
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