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Dhaka Steel Works Ltd. Vs. Commissioner of Taxes, Dhaka (North Zone) Dhaka, 1992, 21 CLC (HCD)
....As the Commissioner of Taxes appears at the hearing and has incurred the expenses he will have the costs of this reference application. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 440.......rofitably quote sub‑section (5) of section 66 of the Income Tax Act, 1922 which reads as under: "The High Court upon the hearing of any such case shall decide the questions of law raised thereby and shall deliver its judgment thereon containing the grounds on which such decision is founded and ......As the Commissioner of Taxes appears at the hearing and has incurred the expenses he will have the costs of this reference application. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 440.......cutta Vs. Commissioner of Excess Profits Tax, West Bengal reported in 27 ITR 188 wherein it has been held that where the party, who has caused the reference to be made and who is in the position of a plaintiff, fails to appear, no hearing of the case can take place and since the preliminary conditio..Category: Fiscal/Taxation Law | Date: | Hits: 164
Shafiquir Rahman Vs. Mir Nazmul Hossain Khan & others, 1992, 21 CLC (HCD)
....he judgment and order passed by the learned Subordinate Judge is upheld but on different ground. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 428.......ssain Ansari, PLD 1955 Sind 282; Amin & Co. Vs. Province of East Pakistan, I8 DLR 629. Lawyers Involved: Dewan A M S Zaman, Advocate‑For the Petitioner. Nazrul Islam Chowdhury and Md. Abdur Rab, Advocates- For the Opposite parties. Appeal from Original Decree No. 42 of ......he judgment and order passed by the learned Subordinate Judge is upheld but on different ground. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 428.......azrul Islam Chowdhury and Md. Abdur Rab, Advocates- For the Opposite parties. Appeal from Original Decree No. 42 of 1982. Judgment Mohammad Ismailuddin Sarker J.- This appeal by the plaintiff‑appellant is against the judgment and order dated 19.12.81 passed by the learned Subordi..Category: Alternative Dispute Resolution | Date: | Hits: 362
....assed by the 1st Labour Court, Dhaka in I.R.O. Case No.267 of 1988 is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 341.
......ilding Finance Corporation.
2. The facts of the case, in short, are that the Respondent No.2 had been serving as an employee under the petitioner, the Bangladesh House Building Finance Corporation and that he was posted at the Dhaka Office of the said Corporation. The Petitioner transferred the R......assed by the 1st Labour Court, Dhaka in I.R.O. Case No.267 of 1988 is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 341.
......if the employee is dissatisfied with any such decision.......shall be determined by the Minister, and the Minister's determination shall be final." A point was raised by the defendants that since the plaintiffs right to superannuation was required to be determined by the Minister under the above S..
Category: Procedural Law | Date: | Hits: 273
Zehad Ali Vs. Kharshed Ahamed & others, 1984, 13 CLC (HCD)
..... In the facts and circumstances of the case, there would however be no order as to cost. Let the records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 336. ...... Kharshed Ahamed & others.............................Respondents Judgment September 2, 1984. Result: The application for revision is allowed. Cases Referred to- Seth Nanhelal and another Vs. Umrao Singh and another, 35 CWN 381 (387); Jyotish Chandra Chakraborty Vs. Hem Cha....... In the facts and circumstances of the case, there would however be no order as to cost. Let the records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 336. ......nsif, Kushtia. 2. The two defendants of the Title Suit are appellants in the first Miscellaneous Appeal No.12 of 1983 and respondents in First Misc. Appeal No.15 of 1983 and vice versa, i.e. the plaintiff is the appellant in the latter and respondent in the former. 3. The First Misc. Appea..Category: Property Law | Date: | Hits: 115
Chittagong Port Authority Vs. Hong Kong Shipping Lines & others, 1989, 18 CLC (HCD)
....judgment and decree of the lower appellate Court and dismiss the suit against the defendants. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 332. ......ents Judgment January 31, 1989. Result: The appeal is allowed. Cases Referred to- Trustees of Chittagong Port Vs. Sadharan Bima, 32 DLR 99; Chittagong Port Authority Vs. Md. Ishaque and others, 35 DLR (AD) 364. Lawyers Involved: M. Fazlul Karim, Advocate - For the appellant. ......judgment and decree of the lower appellate Court and dismiss the suit against the defendants. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 332. ...... of defendant No.3 is against the judgment and decree passed by the learned Subordinate Judge, First Court, Chittagong reversing those of the learned Munsif, First Court, Sadar, Chittagong. 2. The plaintiff M/s. South British Insurance Co. Ltd. instituted Money Suit No.174 of 1964 against the def..Category: Business or Commercial Law | Date: | Hits: 397
Kamruzzaman Khan Vs. Shahidul Alam Khan and others, 1998, 27 CLC (HCD)
....t Court and SCC Judge, Faridpur in SCC Suit No.1 of 1995 are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 393. ......(1999) 393. ......t Court and SCC Judge, Faridpur in SCC Suit No.1 of 1995 are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 393. ......7 and is directed against the judgment and decree dated 30-11-1996 passed by the learned Subordinate Judge, 1st Court, Faridpur in SCC Suit No.1 of 1995 decreeing the suit. 2. Opposite party as plaintiffs instituted the suit for recovery of khas possession by evicting the defendant stating, in..Category: Property Law | Date: | Hits: 101
Shah Alam Vs. Shah-Newaz-Ebne Mostaque and others, 1999, 18 CLC (HCD)
.... hereby set aside. Stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 390. ......9) 390. ...... hereby set aside. Stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 390. ......151 of the Code of Civil Procedure and directing restoration of possession of the suit land in favour of the judgment debtors. 2. Facts that have given rise to this Rule, in brief, are that the plaintiff brought Title Suit No.173 of 1961 in the Court of the then Munsif, Cox’s Bazar against t..Category: Property Law | Date: | Hits: 94
Sonali Bank Vs. Abidur Rahman, 1990, 19 CLC (HCD)
..... The rule is, accordingly, discharged without any order as to costs. Communicate this order to the District Judge, Dhaka, at once. Ed. This Case is also reported in: 42 DLR (HD) (1990) 311.......ur Rahman...........................Opposite Party Judgment February 11, 1990. Result: The rule is discharged. Cases Referred to- Indian General Investment Trust Ltd. Vs. Sri Ramchandra Mardaraja Doo, Raja of Khalikote, AIR 1952 (Cat) 508. Lawyers Involved: Asrarul Hossain....... The rule is, accordingly, discharged without any order as to costs. Communicate this order to the District Judge, Dhaka, at once. Ed. This Case is also reported in: 42 DLR (HD) (1990) 311.......a query by us, Mr. Asrarul Hossain, the learned Advocate for the petitioner, informed us that after the impugned order was passed by the learned Subordinate Judge and Commercial Court No.1, Dhaka the plaintiff decree-holder-petitioner Sonali Bank had filed the certified copy of the decree in questio..Category: Procedural Law | Date: | Hits: 168
Golam Beg Vs. Hajera Begum, 2010, 39 CLC (HCD)
.... written statement if the plaint is amended. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 452. ......nt Md. Azizul Haque J.- The Rule was issued on an application under section 115(1) of the Code of Civil Procedure calling upon the opposite party No.1 to show cause as to why the impugned Judgment and decree dated 10-4-2006 passed by the Joint District Judge, Section Court, Narail in title Appeal...... written statement if the plaint is amended. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 452. ......Schedule' land appertained to SA Khatian No.242 and some other SA Khatians under, mouza-Raghunathpur, Thana and District Narail and 'Ga Schedule' movable property belonged lo Zitu Beg, husband of the plaintiff Hazen Begum. Zitu Beg had no issue and he sold some of his land to one Md. Shahidul Islam...Category: Property Law | Date: | Hits: 103
Motiur Rahman Vs. AKM Shamsul Alamin and another, 2010, 39 CLC (HCD)
....s Appeal No.76 of 1997 is hereby maintained. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 449. ......R (HCD) (2010) 449. ......s Appeal No.76 of 1997 is hereby maintained. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 449. ......uit No.106 of 1992 was stayed. 3. The necessary facts for disposal of the Rule are that on 4-1-1978, the opposite party No.1 Mr. AKM Shamsul Alamin (since dead, his heirs have been substituted) as plaintiff instituted Title Suit No.4 of 1978 in the First Court of Subordinate Judge, Dhaka against ..Category: Procedural Law | Date: | Hits: 170
Ibrahim Khalil and others Vs. Mujibur Rahman and others, 2012, 41 CLC (AD)
....servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ...... Division (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Ibrahim Khalil and others………………........Petitioners Vs. Mujibur Rahman and others…….................servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ......s of the contract. There is no scope for consideration of the issue of title of contesting defendants in a suit for specific performance of contract and this suit should have been limited between the plaintiffs and defendant. Adding of defendant by setting up independent title cannot be adjudicated ..Category: Civil Law | Date: | Hits: 186
Md. Omar Ali Mondal and others Vs. Md. Abdul Hamid and others, 2012, 41 CLC (AD)
....on proper appreciation of law and facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in:......: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Omar Ali Mondal and others…………...............Petitioners Vs. Md. Abdul Hamid and others.....................on proper appreciation of law and facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in:......al No.1076 of 2009. (From the judgment and decree dated 29.01.2009 passed by the High Court Division in Second Appeal No.291 of 1978). Judgment Syed Mahmud Hossain J. - By this petition, the plaintiffs-petitioners seek leave to appeal against the judgment and decree dated 29.01.2009 passed ..Category: Property Law | Date: | Hits: 101
....t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld.
Send down the lower Court records.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 359.
......ourt
High Court Division
(Civil Appellate Jurisdiction)
Present:
Farid Ahmed J
M Enayetur Rahim J
Abdul Quayum………………Appellant
Vs.
International Finance Investment and Commerce Bank Ltd. and others……………Respondents
Judgment
January 17, 2010
Resul......t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld.
Send down the lower Court records.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 359.
......tes - For the Appellant.
AQM Safillah with Mohammad Ali Jimah, Advocate - For the Respondents.
First Appeal No. 348 of 2007.
Judgment
Farid Ahmed J.- This Appeal at the instance of the plaintiff was directed against the judgment and decree dated 12-9-2007 passed by the learned Joint D..
Category: Employment/Service Law | Date: | Hits: 175
Afifa Sultana Vs. Judge, Artha Rin Adalat and others, 2011, 40 CLC (HCD)
....as to costs. The order of stay granted earlier by the Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ...... High Court Division (Special original Jurisdiction) Present: Zinat Ara J Md. Abu Zafor Siddique J Afifa Sultana……………………Petitioner Vs. Judge, Artha Rin Adalat and others………………………Respondents Judgment January 9, 2011. Result: The r......as to costs. The order of stay granted earlier by the Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ......further alleged that the other defendants did not inform the petitioner about the suit and the summon was not served upon her. 12. It has been stated in paragraph 7 of the writ petition that the plaintiff-Bank fraudulently by giving false address of the petitioner instituted Title Suit No.45 ..Category: Civil Law | Date: | Hits: 269
Machafrue Magni Vs. Seman Magni & others, 1988, 17 CLC (HCD)
....al has no substance. In the result, the appeal is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 457. ......Vs. Seman Magni & others…………………………………Opposite Parties Judgment April 5, 1988. Result: The appeal is dismissed with cost. Case Referred to- Ma Thein and others Vs. Maung Sin and others, AIR 1938 74. Lawyers Involved: Hemayetuddin Ahmed, Advoca......al has no substance. In the result, the appeal is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 457. ......e Appellant. Menhajuddin Ahmed Khan with Khan Mofazzal Hossain, Advocates - For Respondent No.2. First Appeal No.225 of 1976. Judgment Abdul Jalil J.- This appeal at the instance of the plaintiff is directed against a judgment and decree dated 22.7.76 passed in Title Suit No.103 of 1..Category: Property Law | Date: | Hits: 107
Haji Karamat Ali Master Vs. Lehajuddin Talukder & others, 1988, 17 CLC (HCD)
....d cancelled. A copy of the decree be sent to the Sub-Registrar concerned for necessary note in the relevant book maintained by him. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 447.......of 1985. Judgment DM Ansaruddin Ahmed J.- This Rule issued on an application under section 115 of the Code of Civil Procedure at the instance of the plaintiff is directed against the judgment and decree dated 6.6.85 and 8.7.85 respectively passed by the Subordinate Judge, Barguna, in Title......d cancelled. A copy of the decree be sent to the Sub-Registrar concerned for necessary note in the relevant book maintained by him. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 447.......site Party No.1. Civil Revision No. 122 of 1985. Judgment DM Ansaruddin Ahmed J.- This Rule issued on an application under section 115 of the Code of Civil Procedure at the instance of the plaintiff is directed against the judgment and decree dated 6.6.85 and 8.7.85 respectively passed ..Category: Property Law | Date: | Hits: 82
Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)
....d for them to vacate. In the facts and circumstances of the cases there will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 441....... Judgment May 12, 1988. Result: Civil Revision No. 561 of 1987 is discharged. Cases Referred to- Ahmedur Rahman Vs. Sk. Mofazzal Hossain, 14 DLR 826; Rafique & others Vs. Siddique and others, 22 DLR 59; Dasarath Vs. Sarat Chandra, 37 CWN 971; Kobbat Ahmed Vs. Abdus Sabur, 25 DLR ......d for them to vacate. In the facts and circumstances of the cases there will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 441.......it was finally heard by the learned Munsif, 1st Court, Dhaka and after recording the deposition of the witnesses in that case, adduced by both the parties in detail, the learned Munsif found that the plaintiff has failed to prove that the notice under section 106 of the T.P. Act had been duly serv..Category: Property Law | Date: | Hits: 88
Abdul Latif & another Vs. Attar Ali, 1989, 18 CLC (HCD)
....appeal below occasioning any failure of justice, no interference is called for. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115.......ioners Vs. Attar Ali……………......................................Opposite Party Judgment June 24, 1989. Result: The rule is discharged. Cases Referred to- Abdul Ilafiz and others Vs. Mafizuddin and others 7 D.L.R. 577; Sadindee Dev Vs. Ambica Singh Manipuri and others......appeal below occasioning any failure of justice, no interference is called for. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115.......udge, in Title Appeal No.103/83 affirming those dated 14.4.83 and 21.4.83 respectively passed in Title Suit No.245 of 1975 should not be set aside. 2. A suit being T.S.No.254/1975 was filed by the plaintiff opposite party against the defendants petitioners in the 1st Court of Sadar Munsif Sylhe..Category: Civil Law | Date: | Hits: 152
National Bank Ltd. Vs. Haroon Malik and Others, 1989, 18 CLC (HCD)
....atter. Therefore, we do not find any ground for interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 103.......rt Division (Dhaka) (Civil Revisional Jurisdiction) Present: Mustafa Kamal J Md. Mozammel Hoque J National Bank Ltd.............................Petitioner Vs. Haroon Malik and Others......................Opposite Parties Judgment July 2, 1989. Result: The Ru......atter. Therefore, we do not find any ground for interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 103.......itle Appeal No.347 of 1983, allowing the appeal and reversing the judgment and order dated 1.11.83 passed by the learned Subordinate Judge, 3rd Court, Dhaka in Title Suit No.116 of 1983. 2. The plaintiff-opposite party filed the aforesaid Title Suit for a declaration that the plaintiff is the ..Category: Business or Commercial Law | Date: | Hits: 282
Abdul Aziz and others Vs. Sahajuddin Mollah and others, 1995, 24 CLC (HCD)
.... is an old case of 1984 the trial Court is hereby directed to complete die trial within 4 months positively on receipt of the record. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 164. ......f the record. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 164. ...... is an old case of 1984 the trial Court is hereby directed to complete die trial within 4 months positively on receipt of the record. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 164. ......etitioners. A Baset Majumder with, Ambia Balbul Reza, Advocates ‑ For the Opposite Parties. Civil Revision No.1607 of 1990. Judgment Mahfuzur Rahman J.- This Rule at the instance of the plaintiff petitioners is directed against the Judgment and decree passed by Subordinate Judge Munshi..Category: Property Law | Date: | Hits: 96
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