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Commissioner of Taxes, Chittagong Zone Vs. M/S. M. Ismail and Sons, 1982, 11 CLC (AD)
....son' includes an individual, Hindu undivided family, a firm, an association of persons or a body of individuals, whether incorporated or not, a Company, a local authority and every other artificial judicial person. Accordingly, 'firm' is a 'person' for the purpose of Income Tax Act and it is liabl..Category: Fiscal/Taxation Law | Date: | Hits: 104
Shafiqur Rahman and others Vs. Nurul Islam Chowdhury and others, 1982, 11 CLC (AD)
....e Section 6 divides Criminal Courts in several groups and the third groups are “Magistrate”. This, however, does not mean a Magistrate is always a Court whatever he is doing; he has executive and judicial duties. 22. The revisional jurisdiction of the High Court is exercised in order to prev..Category: Others | Date: | Hits: 135
Abu Saber Aziz Mohammad and others Vs. Government of Bangladesh and others, 1976, 5 CLC (AD)
....eir exclusive title to Schedule A land for confirmation of possession in respect thereof. It is extremely difficult to pass a decree in their favour in the absence of the said parties who may be prejudicially affected by such a decree or the decree may be rendered infructuous by them. In the cir..Category: Property Law | Date: | Hits: 75
Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)
....in situ either in the Rent Act of 1889 or The Bengal Tenancy Act of 1885. Such matters were regulated by the provisions of Alluvion and Diluvion Regulation of 1825 and the principles laid down by the judicial authorities. Some change was effected in 1929 when section 86A was inserted in the Bengal A..Category: Property Law | Date: | Hits: 133
Md. Akram Ali Pk. and others Vs. Md. Yasin Ali and others, 2012, 41 CLC (AD)
....n the parties otherwise there is likelihood of croping-up of multifarious litigations. 18. Admittedly the trial Court allowed the application for amendment by a cryptic and slipshod order. A judicial order devoid of reasoning causes error of law but mere error of law cannot be a ground for ..Category: Procedural Law | Date: | Hits: 100
M Fransis P Rojario alias Babu Vs. State, 2009, 38 CLC (HCD)
.... Vs. M Ahmed reported in 36 DLR (AD) 14 : 1984 BLD (AD) 97, Syed Mohammad Hashem alias Hashim reported in 48 DLR (AD) 87 and Faridul Alam Vs. State reported in 61 DLR (AD) 93. 14. The consensus of judicial opinion is that proceedings of a criminal case can be quashed by the High Court Division in..Category: Criminal Law | Date: | Hits: 86
Jahangir Alam Chowdhury (Md.) Vs. Zabun Nahar Chowdhurani and other, 2008, 37 CLC (HCD)
....is Court at the time of issuance of the Rule is hereby vacated. Lower Courts record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 322. ..Category: Family Law | Date: | Hits: 167
Khalil @ Khalilur Rahman and others Vs. State, 2008, 37 CLC (HCD)
....h must prove charge substantially as laid down i.e. to prove to the hilt beyond all reasonable doubt on strength of clear cogent, credible and unimpeachable evidence. Proof of charge must depend upon judicial evaluation of totality of evidence, oral and circumstantial, and not by an isolated scrutin..Category: Criminal Law | Date: | Hits: 116
Atahar and others Vs. State, 2007, 36 CLC (HCD)
....ecord convicted the accused Atahar, Mutahar, Sohrab, Bellal, Ishaque, Babu and Karim under sections 302/34 of the Penal Code on surmise, conjecture and on emotion. Court or Tribunal administering any judicial matter must administer justice according to law and must not allow itself to be influenced ..Category: Criminal Law | Date: | Hits: 66
AKM Abdullah Harun Vs. Additional District Judge and others, 2001, 30 CLC (HCD)
.... in 38 DLR (AD) 172 that: "In legal parlance the expression “Persona designata” means a person described in a statute or a legal instrument by his official designation, and the function may be judicial or may not be so. If the function of the designated person is judicial in character, then h..Category: Trust/Waqf Law | Date: | Hits: 153
Ruhul Amin Kha Vs. State, 2004, 33 CLC (HCD)
....re of opinion that there is no sufficient ground for proceeding against the accused in this case. The Tribunal without considering the facts and circumstances and materials on record and applying its judicial mind to the provision of section 265C and 265D of the Code of Criminal Procedure has framed..Category: Criminal Law | Date: | Hits: 64
Tofael Ahmed Vs. State, 2002, 31 CLC (HCD)
....stainable. He read out the provisions of section 247 Cr.P.C. and shows there from that in view of the above background and history of the case learned Court below should have exercised his discretion judicially under the provision of the section containing, unless for some reason he thinks proper to..Category: Procedural Law | Date: | Hits: 73
Govt. of Bangladesh & another Vs. M/S Mashriqul Textiles and others, 1982, 11 CLC (AD)
....er him in respect of any matter agreed to be referred, any party to such legal proceedings may at any time before filing a written statement or taking any other steps in the proceedings, apply to the judicial authority before which the proceedings are pending to stay the proceedings; and if satisfie..Category: Alternative Dispute Resolution | Date: | Hits: 238
Abdul Mannan Bhuiyan Vs. State, 2010, 39 CLC (AD)
....not have been possible if a sentence in the order has been inserted later on after 9 years of passing the order, and finally, there is strong presumption in favour of regularity of performance of all judicial acts unless contrary is proved under illustration (E) to Section 114 of the Evidence Act. T..Category: Criminal Law | Date: | Hits: 100
State Vs. Md. Abul Hossain and another, 2011, 40 CLC (AD)
.... Division against the judgment of the High Court Division. 3. It is contended by Mr. Momtaz Uddin Fakir, learned Additional Attorney General that the High Court Division without application of its judicial mind acquitted the respondents despite the fact that the prosecution has been able to prove..Category: Criminal Law | Date: | Hits: 85
Biman Bangladesh Airlines Limited and others Vs. Md. Moniruzzaman and others, 2011, 40 CLC (AD)
....in nature, and the order of termination has been passed in accordance with law. (III) Whether, the High Court Division failed to consider that termination simpliciter cannot be interfered within judicial review since the power under which such termination simpliciter is made, had violated any..Category: Employment/Service Law | Date: | Hits: 111
Government of Bangladesh and Others Vs. Md. Mosharraf Hossain, 2011, 40 CLC (AD)
....ficers as per the aforesaid Service Rules of the Appellate Division. The pay scale and status of the post of the Bench Officers of the High Court Division was raised to First Class Gazetted post by a judicial verdict, so the claim of the petitioner to grant him a higher pay scale as he enjoyed befor..Category: Employment/Service Law | Date: | Hits: 127
Category: Fiscal/Taxation Law | Date: | Hits: 130
Azmal Khan Vs. Md. Afzal Khan and others, 2011, 40 CLC (AD)
....dly wide and may at any stage be appropriately exercised in the interest of justice, the law of limitation notwithstanding. But the exercise of such far reaching discretionary powers is governed by judicial considerations and wider the discretion, greater ought to be care and circumspection on the..Category: Civil Law | Date: | Hits: 86
Shahnewaz Karim (Md.) Vs. State, 2009, 38 CLC (HCD)
....undertaking to produce the same before the Court on and when directed by the same. Copy be sent down at once. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 67; 18 BLT (HCD) (2010) 5. ..Category: Criminal Law | Date: | Hits: 110