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Bengal Ceramic Industries Ltd. Vs. Chairman, Petro Bangla & others, 1984, 13 CLC (HCD)
....ther reliefs. According to the plaintiff, after due compliance of the requirements and formalities and on payment of security deposit for obtaining the gas line and connection in the factory premises agreement dated 19.4.77 was entered into between the plaintiff and defendant No.2. In terms of said ...... Rule No. 205 (fm) of 1984. Judgment Ranadhir Sen J.- This appeal is directed against the order dated 11-4-84 of the learned Subordinate Judge refusing a prayer for temporary injunction in mandatory form. 2. The plaintiff filed the suit for declaration that the action of the defendants in d......ule [Civil Rule No.205 (FM) of 1984] which has been heard along with the appeal, is also made absolute without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 516. ..Category: Others | Date: | Hits: 132
....if it were the highest offer, he by that offer did not acquire any right to purchase the vessel, as his offer was not accepted by the corporation which reserved full power to reject any offer, and no agreement was concluded with him.” In the case of Shafique Ahmed Vs. Chairman BCIC 45 DIR 95 High ...... Reported in: 51 DLR (1999) 208.
...... are of the view that the petitioner should be saddled with cost.
In the result, the Rule is discharged with cost of Taka 5,000.00 only.
Ed.
This Case is also Reported in: 51 DLR (1999) 208.
..
Category: Property Law | Date: | Hits: 102
Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)
....on of the suit property. There was no order of injunction restraining the house owner or the victim from entering into that property and there is no claim that from their side that in pursuance of an agreement for sale possession was delivered to the alleged buyer. We wonder how in a prestigious sub......rLJ 1981 page 229, 11 BLD (AD) 64 (1991), BCR 1987 (AD) 143, CrLJ 1982 page 2109 PLD 1972 (SC) 81. Lawyers Involved: Mahbubur Rahman, Advocate — For the Petitioners. M A Rouf, Assistant Attorney-General — For the State. Criminal Miscellaneous Case No. 2030 of 1908 Judgment Kaz......rar is directed to send copy of this judgment to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199...Category: Criminal Law | Date: | Hits: 33
Atar Ali Sheikh (Md) & another Vs. Md Karam Ali Sheikh & others, 2003, 32 CLC (HCD)
....e judgment of the appellate Court, we could not find any consideration on any of the questions raised. He just stated the grounds taken in the memorandum of appeal one after another and expressed his agreement with them and set aside the report. As stated above, we unsuccessfully looked for the mist......i Sheikh (Md) & another .......................Petitioners Vs. Md. Karam Ali Sheikh & others ............................Opposite Parties Judgment July 21, 2003. Cases Referred to- Md. Sadiq vs. Basgit Sah and others, AIR 1926 (Patna) 159; Thottamma vs. CS Subramaniyyan and......et aside and those of the trial Court are restored. Partition as affected by the Advocate Commissioner is made final. Send down the LCR. Ed. This Case is also Reported in: 58 DLR (2006) 81. ..Category: Property Law | Date: | Hits: 70
Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)
....ir names mutated in respect of schedule-1 (Kha) property and possessed by raising boundary wall surrounding said property and payment of rents. 4. Then, said defendant Nos. 3 and 4 entered into an agreement to sell the property to the plaintiff at a consideration of Taka 10,00,000 and on receipt ......gal Bricks Industries Ltd………………………….Appellant Vs. Al-haj Md. Ishaque Chowdhury and others.........................Respondents Judgment July 19, 2004. Cases Referred to- Md. Yaqoob Khan vs. Sahib Khatoon and others, (1998) 20 CLC 1576; Mukhtar Baig vs. Sardar Ba......ted in respect of schedule-1 (Kha) property and possessed by raising boundary wall surrounding said property and payment of rents. 4. Then, said defendant Nos. 3 and 4 entered into an agreement to sell the property to the plaintiff at a consideration of Taka 10,00,000 and on receipt of Taka 9,70,..Category: Property Law | Date: | Hits: 71
Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)
....ed that Farida Rahman was the owner in possession of the suit property and after her death. Luna and Dana became owners in possession. It was also averred in the plaint that Luna and Dana executed an agreement upon receipt of Taka 1,50,000.00. The suit was however dismissed for default on 29-5-97. ......que…………………………………………...Appellant Vs. Luna Fahmida Rahman and others……………………. Respondents. Judgment January 21, 2004. Cases Referred to- Nurjahan Begum vs. Mahmudur Rahman Mullick, 34 DLR (AD) 61, Hasan Ali vs. Jytendra Biswas, 1......l Haque in Other Suit No. 15 of 98 is directed to vacate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51...Category: Property Law | Date: | Hits: 139
World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ent provided that in case of any delay in frequency allocation or signing of the Interconnection Agreement for reasons attributable to the first party then the effective date may be shifted by mutual agreement. 5. According to the terms of the Agreement, the Operator Licence was not issued and I......……………………………………Petitioner Vs. Government of Bangladesh and others…………………………………Respondents. Judgment April 23, 2005. Cases Referred to- Bangladesh Power Development Board and others vs. Md. Asaduzzaman Sikder, 9 BLC (AD) 1, Bangl......discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14...Category: Information Technology Law | Date: | Hits: 321
.... any lawful authority and are of no legal effect.
In view of the facts and circumstances of the cases there will be no order as to cost.
Ed.
This Case is also Reported in: 58 DLR (2006) 5.
......………………….Petitioner
Vs.
Secretary, Internal Resources Division, Ministry of Finance and others....................... Respondents.
Judgment
August 5, 2005.
Cases Referred to-
Federation of Hotel and Restaurant vs. Union of India and others, AIR 1990 (SC) 1664, Messrs ......s and, as such, they were heard together and are being disposed of by this common judgment.
2. Both the petitioner-companies assemble refrigerators after importing spare parts from abroad and then sell it in the local market. It is the case of the petitioners that supplementary duty on other elec..
Category: Fiscal/Taxation Law | Date: | Hits: 81
Anindra Bhusan Ghose Vs. Bangladesh Government, 2001, 30 CLC (HCD)
....that the transferor is a mortgage. So, the transfer in question cannot be treated as a mortgage or even from the endorsement, it cannot be said that it was a mortgage and there is no separate deed of agreement to reconvey the suit land treating the transfer as a mortgage. Thus the transfer cannot be......Case Referred To- Feroza Majid and another Vs. Jiban Bima Corporation, 39 DLR (AD) 76. Lawyers Involved: Sk Habibul Alam, Advocate—For the Appellant. Bivash Chandra Biswas, Assistant Attorney-General—For the Respondents. Second Appeal No.114 of 1978. Judgment Abu Sayeed Aha......and Tenancy Act came in and whether by alleged endorse the Suit land could be legally reconveyed. The endorsement seems to be a doubtful and not a genuine one. The suit land cannot be returned to the seller treating the transfer as a mortgage, in the manner as brought by the plaintiff. 15. Sectio..Category: Property Law | Date: | Hits: 85
....of their respective cases, the ascertainment of the facts by evidence adduced by the parties to the dispute and a decision which disposes of the whole matter by finding upon the facts so found. By an agreement between the parties arbitrators may be called upon to exercise judicial powers and to deci......17 of 1995.
2. Bangladesh Forest Industries Development Corporation (BFIDC) appointed the opposite party Supervisor in the Timber Extraction Project, Kaptai on master roll basis. The Board of Directors, BFIDC, suspected huge financial irregularities during the period 1988 in Timber Extraction Pro......ainable.
For the reasons stated above, we do not find a substance in this Rule, which is discharged without any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 488.
..
Category: Civil Law | Date: | Hits: 89
Gurvinder Singh Vs. Secretary, Ministry of Finance and others, 1992, 21 CLC (HCD)
....evant papers was produced to respondent No.3 showing that the petitioner is not liable to pay taxes in Bangladesh because he drew his entire salary in USA where he paid taxes and that there exists an agreement between the Government of USA and the Government of Bangladesh relating to double taxation......ted against an order dated 27-4-92 issued by the respondent No.3 namely, the Assistant Commissioner of Taxes, Central Salary Circle I, section II, 40 Segun Bagicha, Dhaka directing the petitioner not to leave Bangladesh before settling income tax assessment matter. 2. In the instant case, this pe...... In the result, this Rule is disposed of on the above observations without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 434. ..Category: Fiscal/Taxation Law | Date: | Hits: 98
....ons stated here in above the Rule is liable to be discharged.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 426.
......QMH Md. Ayub Ali Vs. Bangladesh 47 DLR (AD) 71; Bangladesh Vs. Md. Abdul Jalil, 49 DLR (AD) 26.
Lawyers Involved:
SS Halder, Advocate—For the Petitioner.
Dr. Kazi Rezaul Hoque, Assistant-Attorney-General—For the Respondents.
Writ Petition No. 2512 of 1995.
Judgment
Syed Mahmud ......nstructed a two-storied building thereon. The said owner, Ali Mohammad Abbas, entered into a contract with the petitioner and executed a bainapatra on 28-2-197 at a consideration of Taka 80,000.00 to sell the disputed property. Out of the said consideration money Taka 40,000.00 was paid on the same ..
Category: Property Law | Date: | Hits: 103
Sogra Begum Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
.... each day’s delay. On this score also the application is liable to be rejected. 9. We have gone through the decision relied on by the learned Advocate for the petitioner and we are in respectful agreement with the principles laid down in those decisions. But in the facts and in circumstances of......of 159 days in filing the reference application under section 160 of the Income Tax Ordinance, 1984. 2. It is stated that the petitioner is a pardahnashin lady and a housewife and she was assessed to tax under section 82(2)/93 of the Income Tax Ordinance, 1984 on total income of Taka 11,61,555.00......es not appear to us to be a fit case for granting a certificate as prayed for. Hence the prayer is rejected. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 420, 26 BLD (HCD) (2006) 301. ..Category: Fiscal/Taxation Law | Date: | Hits: 108
....the application in the negative and in favour of the applicant.
7. We have also perused the decisions relied on by the learned Advocate for the applicant in respect of his contention and we are in agreement with the view taken in the decisions and find that they apply to the present case.
8. T......
Sagorika and Co. (Pvt.) Ltd..……………………Applicant
Vs.
Commissioner of Taxes, Intelligence and Investigation Zone.... Respondent.
Judgment
August 23, 1999.
Cases referred to-
1975 BTD 221 (HC); 1977 BTD 18 and 163 (AD).
Lawyers Involved:
MA Noor, Advocate—For ......ered in the negative, and against the Revenue.
Accordingly, the reference is answered in the negative. There will be no order as to costs.
Ed.
This case is also Reported in: 52 DLR (2000) 484...
Category: Fiscal/Taxation Law | Date: | Hits: 101
Mrs. Aruna Sen Vs. Govt. of the People's Republic of Bangladesh and others, 1974, 3 CLC (HCD)
....ould be difficult to "uphold a construction which jeopardizes the precious right of personal liberty of a citizen, during peace time, on the mere ipse dixit of a police officer. I am therefore in agreement with the High Court in holding that in the present case it lay on the arresting officer to...... Rahman Chowdhury J Mrs. Aruna Sen……….....Petitioner. Vs. 1. Govt. of the People's Republic of Bangladesh through the Secretary, Ministry of Home Affairs, Dacca. 2. The Director, Rakkhi Bahini, Sher-e-Bangla Nagar, Dacca. 3. The Deputy Commissioner, Dacca. 4. Depu......this case involves substantial question as to the interpretation of the Constitution. Abdur Rahman Chowdhury, J.- I agree. Ed. This Case is also Reported in: 27 DLR (1975) HCD 122. ..Category: Constitutional Law | Date: | Hits: 291
....heard. This settled principle of law in all the cases referred to hereinabove upheld that the aggrieved party could either prefer appeal or review for redress of their grievance. We are in respectful agreement with this proposition of law.
15. The next contention of the learned Advocate for the r......A Bari and others …………………....Petitioners
Vs.
Uttara Sarkari Officers Quarter Kallayan Samity and others ...............Respondents
Judgment
March 1, 2003.
Cases Referred to-
Zobaida Naher @ Jharna Vs. Khairunnessa, 3 BLC (AD) 170; Nurul Husain (Md.) Vs. Government of...... of the review petitioners the same is set aside on review.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (2003) 289.
..
Category: Others | Date: | Hits: 119
Agrani Bank Vs. MA Kahhar, 2002, 31 CLC (HCD)
...."Section 25, Agreement without consideration void, unless it is in writing and registered, or is a promise to compensate for something done, or is a promise to pay a debt barred by limitation law. An agreement made without consideration is void, unless." (1) It is ..........…………. (2) I......uit was partially decreed against him, he did not lodge any appeal. Nor did any one appear on his behalf during the hearing of this appeal. 3. It has been alleged in the plaint that the defendant stood guarantor for the repayment of a loan for Taka 15,000 (fifteen thousand) the plaintiff granted ...... in view of above nothing would justify us to allow this appeal. We do, therefore dismiss this appeal without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 285. ..Category: Banking Law | Date: | Hits: 215
Bangladesh House Building Finance Corporation Vs. Md. Abdul Hoque, 2002, 31 CLC (HCD)
.... the compromise petition on the ground of possibility of completion of repayment of the balance decretal amount by way of installments to exceed 12 years from the date of original decree. But such an agreement between the decree holder and the judgment debtor to make a new arrangement for repayment ...... Revision No. 1396 of 2002. Judgment Sheikh Rezowan J.- On an application by the petitioner under section 115(1) of the Code of Civil Procedure a Rule was issued calling upon the opposite party to show cause as to why the impugned order dated 4‑2‑2002 passed by the learned Joint District J...... of the Money Execution Case No. 88 of 1996. Communicate the order to the learned Joint District Judge, Artha Rin Adalat, Jessore at once. Ed. This Case is also Reported in: 55 DLR (2003) 270...Category: Property Law | Date: | Hits: 91
Mazharul Huq Quraishi and others Vs. Hari Chandrs Hrishi and another, 2000, 29 CLC (HCD)
.... to conclude the trial as early as possible preferably within 3 months from the date of receipt of the judgment. Copy be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 392. ......eror, AIR 1930 Lahore page 407. Lawyers Involved: Abdul Malek, Advocate—For the Petitioners. Md Khurshid Alam Khan, Advocate—For the Opposite Party No. 1. Mohammad Mostafa Assistant Attorney-General—For the State. Criminal Miscellaneous Case No. 2327 of 1998. Judgment Md.......Vs. Emperor reported in AIR 1930 Lahore page 407 it appears that one Fateh Haider borrowed money from one Mukha Shah on security of one Nawab on the basis of two mortgage bonds and having arranged to sell property, Fateh Haider induced Mukha Shah as Creditor to accompany him to a petition writer wit..Category: Criminal Law | Date: | Hits: 42
Mati Lal Karmakar and Another Vs. Kalandar Talukder and another, 1998, 27 CLC (HCD)
....suring 3.14 decimals proposed to sell 2.93 decimals of land comprising the above two Khatians to Abdul Matin Talukder and Abdul Quddus Talukder who wanted to purchase the land and pursuant to that an agreement was entered into on 2-2-65 for selling the land by the said vendors at a consideration of ......on) Present: Md. Awlad Ali J Mati Lal Karmakar and Another…………………..Petitioners Vs. Kalandar Talukder and another…………………..Opposite Parties Judgment October 21, 1998. Lawyers Involved: SS Halder with SS Sarker Advocates—For the Petitioners. ......al comprising Khatian No.51 and land measuring 0.19 decimal comprising Khatian No.125 belonged to Nanda Rani Pal, Radha Shayan Pal and others, they out of the land measuring 3.14 decimals proposed to sell 2.93 decimals of land comprising the above two Khatians to Abdul Matin Talukder and Abdul Quddu..Category: Property Law | Date: | Hits: 64
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