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SM Kamaluddin Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....icant and determined the tax on the basis of such assessment. 18. In the case of Seth Gurmukh Singh and another Vs. the Commissioner of Income Tax, Punjab [1944] 12 ITR 393 (Lahore) in a Special Bench of five Judges it was held, inter alia, that an Income-tax Officer is not bound to rely on suc...... questions in the negative and against the revenue department and in favour of the assessee. The parties shall bear their own cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 191. ..Category: Fiscal/Taxation Law | Date: | Hits: 151
Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
....f and recorded findings that the plaintiff acquired the title by adverse possession and referred to the decision in the case of Nurjahan Begum Vs. Nur Rahman reported in 59 DLR 98, wherein a Division Bench of this Court held: "30. The claim of the defendant No.1 as regard schedule 'ka' and 'kha' ......nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ..Category: Property Law | Date: | Hits: 123
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
....Bar-at-Law and Abdul Wadud Bhuiyan, Senior Advocate—(Amici Curiae appointed by the Court). Writ petition No. 4112 of 1999. Judgment Md. Joynul Abedin J.- The precise reference to this Full Bench is as follows: "Having regard to the gravity and importance of the issues raised in the wri......eferendum nor it is ultra vires the Constitution. With these insights I fully concur with the decision already arrived at in this reference. Ed. This Case is also Reported in: 57 DLR (2005) 172. ..Category: Constitutional Law | Date: | Hits: 215
Shahidullah Patwary Vs. State, 1983, 12 CLC (AD)
....the Calcutta High Court in the case of Indrajit Singh Kohli Vs. The State, AIR 1967 Cal. 460. In that case, the facts of which are found to be exactly similar to those of the instant case, a division Bench of the Calcutta High Court held that failure to produce a property in terms of bond constitute......ismissed. The opinion expressed above will not, however, influence the decision of the trial Court in the case against the appellant. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 281. ..Category: Criminal Law | Date: | Hits: 111
Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Corporation Ltd., 1982, 11 CLC (AD)
....ed that the mortgage deed was not executed by way of collateral or auxiliary security but it was a primary or principal security and stamp duty is leviable under clause (b) of Article 40. A Special Bench of the High Court Division heard the reference made by the National Board of Revenue under sec...... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ..Category: Fiscal/Taxation Law | Date: | Hits: 269
Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)
....g his earlier view taken in the case of Tarapada Karati V. Sudhamoy, 53 CWN 678, as already mentioned above. Sattar, J. noticed that the view of Charaborti, J was considerably modified by a different Bench of the same High Court in the case of Sital Chandra Kole and ors. Vs. Mohilal Kole and ors., 5......ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ..Category: Property Law | Date: | Hits: 77
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
....prudence in it’s natal home. Even before advent of the Tudor period, from the year 1280 to be nearly precise, the issuance of the writ of certiorari first saw the light of the day when the King’s Bench began the practice of asking for the records of the proceedings in the Courts of the Justices ...... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 133
....oposed to be delivered by my learned brothers D.C. Bhattacharya and F. Munim, JJ. I agree with my learned brother F. Munim, J.
Fazle Munim J. - This appeal is against the Judgment and order of a Bench of the High Court Division in Petition No.134 of 1976.
Facts of the case may shortly be sta......any learned brother Mr. Justice Munim that these appeals should be dismissed.
Order of the Court.
The appeals are dismissed.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 169.
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Category: Others | Date: | Hits: 154
Alhaj Md. Chowdhury Alam and others Vs. Md. Nasiruddin Shah and others, 2004, 33 CLC (AD)
....m, Commissioner, Ward No.56, Dhaka City Corporation and Secretary, Pir Yameni Market Shop Owners Association and others is directed against the judgment and order dated 25.5.2003 passed by a Division Bench of the High Court Division in Writ Petition No.1350 of 2003. 2. The respondent No.1 as the ...... above, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: ..Category: Trust/Waqf Law | Date: | Hits: 148
M/s. Anath Bandhu Guha Vs. Sudhanpsu Sekar Dey alias Halder and others, 1979, 8 CLC (AD)
.... respondent No.1 preferred an appeal being Appeal No.4 of 1978 and the Company also preferred an appeal being Appeal No.6 of 1976. Both the appeals were disposed of by the same judgment by a Division Bench and by the judgment and order dated February 3, 1978 the judgment and order of the Company Jud......f the matter we do not find any substance in this contention as well. Therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 312...Category: Company Law | Date: | Hits: 164
Abdur Rahman Vs. Md. Abdul Awal and others, 2009, 38 CLC (HCD)
....ame cannot be interfered with by the superior Court unless it is perverse and there is miscarriage of justice. In support of our this view, we may refer a case reported in 20 DLR 367 where a Division Bench of this Court held that satisfaction of the Magistrate cannot be replaced unless gross miscarr......in Criminal Revision No. 13 of 2005 affirming those passed by the trial Court is hereby upheld. Send down the lower Courts records. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 80. ..Category: Criminal Law | Date: | Hits: 122
Commissioner of Income Tax and others Vs. M/S. Allynagar Tea Co. Ltd. and other, 1977, 6 CLC (AD)
....ome Tax Application No.88, 96 and 99 of 1912 and 98 of 1972 by the High Court Division.) Judgment Debesh Chandra Bhattacharya J. - These four appeals are by special leave against the order of a Bench of the High Court Division rejecting four applications, made separately by the appellant the......le Taxation between Pakistan and the United Kingdom. The result is that all these appeals are dismissed with no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119...Category: Fiscal/Taxation Law | Date: | Hits: 143
Sattyendra Sutradhar Vs. Md. Zillu Miah and others, 2012, 41 CLC (AD)
....ng aggrieved by and dissatisfied with the judgment and order of the appellate court below the pre-emptee-respondent filed the aforementioned Civil Revision No.4273 of 1997 and obtained rule. A Single Bench of the High Court Division, after hearing both the parties, made that rule absolute setting as......- is to be deposited within 1 (one) month. The petitioner is permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 386. ..Category: Property Law | Date: | Hits: 93
Sona Miah and others Vs. Abed Ali and others, 2012, 41 CLC (AD)
....ate-court below different sets of defendant-appellants filed several civil revisions in the High Court Division. The present defendant-petitioners filed Civil Revision No.4219 of 2000. A Single Bench of the High Court Division ultimately discharged all the rules issued in all those civil revis...... final decree of the partition suit has not been passed. This civil petition for leave to appeal be disposed of with the above observation. Ed. This Case is also Reported in: 9 ADC (2012) 377...Category: Property Law | Date: | Hits: 84
Md. Hanifuddin and another Vs. Abdul Mannan and others, 2012, 41 CLC (AD)
....of 2007 and 2047 of 2007.) Order Nazmun Ara Sultana J.- All these three Civil Petitions for leave to appeal have been directed against the judgment and order dated 19.07.2009 passed by a Single Bench of the High Court Division disposing of three Civil Revision Nos.1499 of 2004, 2316 of 2007 ......Court in accordance with Rules. The parties are directed to maintain status-quo in respect of the suit land till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 372...Category: Property Law | Date: | Hits: 68
Bangladesh Bank and another Vs. Sukamal Sinha Choudhury and another, 2011, 40 CLC (AD)
.... Division in Writ Petition No.530 of 2009.) Order Nazmun Ara Sultana J.- This Civil Petition for leave to appeal is directed against the judgment and order dated 02.06.2010 passed by a Division Bench of the High Court Division in Writ Petition No.530 of 2009 making the rule absolute. 2. The......ted earlier be extended till disposal of the appeal. This interim order shall not effect in any way retirement benefit of the respondent. Ed. This Case is also Reported in: 9 ADC (2012) 218...Category: Employment/Service Law | Date: | Hits: 211
S. M. Basiruddin Vs. Zahurul Islam Chowdhury and another, 1982, 11 CLC (AD)
....he under-raiyats are automatically promoted to the status of raiyats. This view received judicial recognition in Ram Charan Sutradhar Vs. S.M. Makhan, 38 CWN 1976, and it was followed by a Division Bench in the case of Pramatha Nath Shikder Vs Jitendra Nath Roy 43 CWN 1102. That upon acquisition o......e appeal is allowed with cost, the orders allowing preemption are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 230. ..Category: Property Law | Date: | Hits: 85
Nurul Islam and others Vs. Arif Ullah and others, 2012, 41 CLC (HCD)
....rder book that the Rule was issued on 26.2.1984 and initially it was numbered as Civil Revision No. 24 of 1984. Subsequently it was renumbered with its present number possibly on transfer from Sylhet Bench, though the reason of such renumbering is not recorded. Today it is posted in the cause list a......Accordingly the Rule is discharged. The order of status quo granted earlier at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 70
Mahbub-ul-Alam Md. (Minor) and another Vs. Md. Alimuddin Karikor, 2009, 38 CLC (HCD)
..... Abdul Mannan, reported in 45 DLR 66 wherein it was held that a prohibitory decree is not executable in Execution Case, adding that the revisional Court below failed to see that the aforesaid Single Bench decision has already been over ruled by a specially constituted Division Bench in the case of ...... judgment and order dated 9-4-2007 passed by the Revisional Court below is hereby set aside and that of the Executing Court is upheld. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 76. ..Category: Civil Law | Date: | Hits: 100
Md. Masuk Miah and others Vs. Md. Foyzur Rahman and others, 2012, 41 CLC (AD)
.... Court Division in Civil Revision No.5472 of 2003). Order Muhammad Imman Ali J.- This petition for leave to appeal is directed against the judgment and order dated 02.06.2009 passed by a Single Bench of the High Court Division in Civil Revision No.5472 of 2003 discharging the Rule and thereby ...... prepare the paper books out of Court in accordance with Rule. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 242...Category: Property Law | Date: | Hits: 87
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