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Chittagong Steel Mills Ltd and another Vs. MEC, Dhaka & others, 2014, 43 CLC (AD)
....e do not find any substance in this appeal. Accordingly, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014)246. ......ts. Ed. This Case is also Reported in: 66 DLR (AD) (2014)246. ......quivalent to 3% of the sale price under sub-clause "General Commission Ka" of Clause 11 of the contract has been put forward as quoted in paragraph 7 of the judgment is without any basis or evidence or papers on record of the appeal in support of such finding in as much as no paper wa..Category: Civil Law | Date: 23 Apr, 2014 | Hits: 10
হোটেল পূর্বাণী ইন্টান্যাশনাল লিমিটেড বনাম কমিশনার অব ট্যাক্সেস, 2014, 43 CLC (HCD)
....ল না। বিচারপতি মোঃ ইমদাদুল হক আজাদ.- আমি একমত হইলাম। Ed. This Case is also Reported in: ......ন এবং উহার প্রেক্ষিতে অত্র আদালতের মতামত প্রার্থণা করিয়াছেন; I. Whether, on the facts, and in the circumstance of the case, the learned Taxes Appellate Tribunal was legally justified to reduc...... হইয়াঠে; In the process of assessment, he may reject any allowance and/or deduction claimed under the Ordinance for reasons to be recorded. But he must remember as he could ask for evidence in support of any allowance or deduction claimed by an assessee similarly, he shall have to..Category: Fiscal/Taxation Law | Date: 22 Apr, 2014 | Hits: 4
Nur Mohammad and others Vs. Mosammat Kamla Khatun and others, 2014, 43 CLC (AD)
....ide and the suit is remanded to the trial Court. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 205 ......y as possible. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 205 ......suffer and should not be deprived of valuable property. 17. Such being the case, we find that the plaintiffs should be given a chance for making proper amendment in the plaint and also to adduce evidence in support of that. The defendant shall have the liberty to file additional written st..Category: Civil Law, Procedural Law | Date: 17 Apr, 2014 | Hits: 2
Ibrahim Vs. State, 2014, 43 CLC (HCD)
....m be set at liberty if not detained in any other case. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 289 ......se. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 289 ......he accused committed such crime. There cannot be conviction for such crime on mere suspicion or presumption. The commission of murder must be proved. The presumption cannot take the place of positive evidence, (2970 P Criminal LJ 166)….53 Credibility of witness whether oral and cir..Category: Evidence Law, Women and Children | Date: 16 Apr, 2014 | Hits: 17
Borun Khatun and others Vs. Md. Hebaj Uddin Pramanik and another, 2014, 43 DLR (HCD)
....on of the suit land till disposal of the appeal. Send down the lower Court records. Communicate this judgment at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 58. ......his judgment at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 58. ......of Profullah Chandra Mitra, original owner left this country 12 years before and since then defendants are in possession. Defendants predecessor-in-interest who are in possession paid rents regularly evidenced from exhibit Kha series and paying taxes to the Pourashava as evidenced from exhibit Ta se..Category: Property Law | Date: 6 Apr, 2014 | Hits: 9
Ekramul Haque Balbul Vs. Md. Faiz and others, 2014, 43 CLC (AD)
....mpugned judgement and order is set aside. Saber Hossain Chowdhury is exonerated from the charge leveled against him. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 208. ......ssain Chowdhury is exonerated from the charge leveled against him. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 208. ......nary examination again when he sat the final examination. Even though the papers show that he was passed in the 3rd division in respect of the preliminary examination, the tabulation sheet bears evidence of tampering of the marks that he received. Although, he is said to have passed LLB final i..Category: Constitutional Law, Contempt of Court Law | Date: 11 Mar, 2014 | Hits: 16
Ruksana Huq and oth¬ers Vs. AK Faizul Huq (Raju) and others, 2014, 43 CLC (AD)
.... process of Court. 11. However, we find no merit in this Civil Petition for Leave to Appeal and hence it is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 240. ......smissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 240. ......izul Huq, filed an application on 26-8-2007 praying for being added as parties in that succession case. The Court allowed that application vide order dated 12-11-2007 and fixed 2-3-2008 for recording evidence of both the parties. Thereafter, the Court recorded the evidence of the opposite party No.1..Category: Civil Law, Procedural Law | Date: 25 Feb, 2014 | Hits: 4
....e High Court Division.
The petition for Leave to Appeal is disposed of with the above observations and guidelines.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 92.
......e to Appeal is disposed of with the above observations and guidelines.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 92.
......oint if the FIR or the complaint petition, as the case is, prima facie, discloses an offence. Whether the allegations are framed or genuine can only be determined through investigation and sifting of evidence.
(g) Interest of the victim in particular and the society at large must be taken into ..
Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 24 Feb, 2014 | Hits: 52
Aftab Uddin (Md.) Vs. Chairman, Court of Settlement and another, 2014, 43 CLC (AD)
....manded to the Court of Settlement to deal with it in the light of our discussion above. There will be no order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 253. ...... as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 253. ......e 'Kha' list of the Abandoned Buildings is not available to him and the case so filed is liable to be dismissed. 5. The Court of Settlement on due consideration of the materials and evidence on record arrived at the findings that 'it is abundantly clear that the petitioner has ..Category: Abandoned Properties Law | Date: 19 Feb, 2014 | Hits: 21
কবির ষ্টীল লিমিটেড বনাম কমিশনার অব ট্যাক্সেস, 2014, 43 CLC (HCD)
....ারপতি মোঃ ইমদাদুল হক আজাদ.- আমি একমত হইলাম। This Case is also Reported in: ......ন করা হইয়াছে যাহা নিম্নরূপ; (I) whether the Taxes Appellate Tribunal, Chittagong Bench, chittagong is legally justified for whimsically partly confirming the first appeal order passed by the Appellate Additional Commissioner of Taxes of the Appellate......করিয়াছেন; In the process of assessment, he may reject any allowanmce /or deduction claimed under the Ordinance for reasons to be recorded. But he must remeber as he could ask for evidence in support of any allowance or deduction claimed by an assessee similarly, he shall have to..Category: Fiscal/Taxation Law | Date: 17 Feb, 2014 | Hits: 7
S.N. Kabir Vs. Fatema Begum and others, 2014, 43 CLC (AD)
...., we do not find any substance in these civil petitions for leave to appeal. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 193. ......are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 193. ......d, it shall be presumed that he has disposed of his beneficial interest therein as specified in the deed and the transferee or legatee shall be deemed to hold the property for his own benefit, and no evidence, oral or documentary, to show that the owner did not intend to dispose of his beneficial in..Category: Property Law | Date: 16 Feb, 2014 | Hits: 19
Sukur Mahmood and others Vs. State, 2014, 43 CLC (AD)
....d other documentary evidence do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 167. ......rference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 167. ......d P.W.2, the victim and P.Ws.4 and 5 deposed that the accused took the victim with a promise to give her job and without doing so they sold her to a brothel and that there was no contradiction in the evidence of the victim and that of her father, P.W.1. The conviction and sentence will serve as..Category: Women and Children | Date: 13 Feb, 2014 | Hits: 21
Delipjan being dead her heirs: Fazal Haque and other Vs. Shahed Badsha and others, 2014, 43 CLC (AD)
....s allowed and the impugned judgment delivered by the High Court Division is set-aside without any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 176. ......is Case is also Reported in: 65 DLR (AD) (2013) 176. ......any interference. He further submits that lower appellate Court erroneously came to a finding that P.Ws.2 and 3 admitted that defendant Nos.1-8 had been in possession of the suit land and that if the evidence of P.Ws.2 and 3 is considered as a whole, it will transpire that they, in fact, supported t..Category: Civil Law | Date: 11 Feb, 2014 | Hits: 5
Loreeto Vs. Nasreen Sobhan and another, 2014, 43 CLC (AD)
....he decree are hereby expunged. The appeal is disposed of with the above expunction without, however, any order as to costs. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 111. ......to costs. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 111. ......y;tion of the tenancy by legal notice under section 106 of the Transfer of Property Act while passing a decree for ejectment and secondly, whether in the absence of sufficient pleadings, prayer, evidence and findings in support of compensation, the court has power to pass such decree. 2. F..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 14
Pannu @ Md. Pannu Mia & others Vs. State, 2014, 43 CLC (HCD)
....ed. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 18. ......acated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 18. ......ring the consequence of the prosecution case sent it for further investigation. At any stage of the proceeding if it appears that further investigation is required for collection of further evidence the case can be sent for further investigation. So, the learned Magistrate acted within his..Category: Criminal Law | Date: 3 Feb, 2014 | Hits: 2
Mortuz Ali Khalifa Vs. Jobeda ® Kalu Bibiand others, 2014, 43 CLC (AD)
....ereby direct the trial Court to conclude the, trial expeditiously, preferably within 6 months of receiving a copy of this judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 3 ......onths of receiving a copy of this judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 3 ....... Recall the plaintiffs' witnesses for cross-examination It is a cardinal principle of law that every party to litigation must be given opportunity to place his case with relevant evidence. It is also an established principle and a requirement of law that a party to the suit..Category: Civil Law | Date: 29 Jan, 2014 | Hits: 1
....anded to the High Court Division to dispose of the appeal on merit afresh. This petition is disposed of.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 185.
......e appeal on merit afresh. This petition is disposed of.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 185.
......-aside the conviction of the accused-respondent in respect of an offence under section 27(1) of the Ain read with section 5(2) of Act 11 of 1947. And in doing so, it has not at all discussed the evidence on record.......(6)
Cases Referred to-
Anti-Corruption Commission Vs. Dr. Mohiudd..
Category: Anti-Corruption Laws | Date: 27 Jan, 2014 | Hits: 9
Ali Garments Limited Vs. Commissioner of Taxes, 2014, 43 CLC (AD)
....he High Court Division, accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 243. ......der as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 243. ......rounds upon which leave was granted. He submitted that the High Court Division acted illegally in not considering that the Tribunal applied GP at the rate of 20% without taking into consideration the evidence on record when the misreading and non-consideration of evidence are questions of law a..Category: Fiscal/Taxation Law | Date: 5 Jan, 2014 | Hits: 11
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
.... For the reason stated above, we find no merit in these review petitions. The petitions are accordingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ...... these review petitions. The petitions are accordingly dismissed on merit. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 289. ......e it. Section 19 of the Act and Rule 53(ii) are relevant to address the point raised at the Bar. These provisions read as under: "19. (1) A Tribunal shall not be bound by technical Rules of evidence; and it shall adopt and apply to the greatest possible extent expeditious and non-tech..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
State Vs. Md. Ibrahim Ali, 2013, 42 CLC (AD)
.... to the period already undergone by him. In the result the appeal is allowed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 33. ......e as aforesaid. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 33. ......ction 5(2) of the Prevention of Corruption Act, 1947. The charge was read over to the accused to which he pleaded not guilty and claimed to be tried. 5. The learned Divisional Special Judge took evidence and at one stage found that the charge framed was detective since the three years' peri..Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 3 Dec, 2013 | Hits: 26
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