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Zebunnessa Vs. Commissioner of Income Tax North (Zone), Dacca, 1982, 11 CLC (AD)
....ve the question of assessment open for determination by the Department in the light of the observations made above. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 56.......for finding that the order of the Income Tax Officer was erroneous and prejudicial to the interests of revenue and mere observation to that effect is not sufficient to assume jurisdiction. 10. The dispute regarding annual value of a property, no doubt, is a question of fact but the question wheth..Category: Fiscal/Taxation Law | Date: | Hits: 88
Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
....n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ......ly to them. 10. So far as the first category is concerned, the applicability of the provisions relating to abatement as contained in clause (g) of the Proclamation to them has not been seriously disputed by the other learned Counsels who appeared and made their submissions. No serious controv..Category: Constitutional Law | Date: | Hits: 181
Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)
.... and of the mischief which it was passed to remedy, and then he must supplement the written would so as to give 'force and life' to the intention of the legislature. That was clearly laid down by the resolution of the judges in Heydon's case, and it is the safest guide today. Good practical advice o......l is dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ..Category: Tenancy Law | Date: | Hits: 210
Salema Khatun Bibi & others Vs. Hemangini Ghosh Dastidar and others, 1977, 6 CLC (AD)
....pellate court, and restore that of the trial Court. None of the contentions of Mr. Karim is sustainable. This petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 99. ......pellate court, and restore that of the trial Court. None of the contentions of Mr. Karim is sustainable. This petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 99. ..Category: Property Law | Date: | Hits: 63
Homeland Life Insurance Co. Ltd. Vs. Jahanara Begum and others, 2000, 29 CLC (HCD)
....re that the pleas raised in the suit or in this appeal that the insured took out the policy suppressing the fact he was suffering from various ailments was never raised before the statutory forum for resolution of the dispute before the Controller of Insurance. 6. We have also gone through sectio...... order dated 17-2-1999 of the subordinate, 5th Court at Dhaka rejecting its plaint in Title Suit No.30 of 1999 on a finding that the suit as framed was not maintainable. 2. The facts which are not disputed are that, deceased Rafiqul Islam insured his life for Taka 200000.00 with the appellant-com..Category: Business or Commercial Law | Date: | Hits: 190
Kamaluddin Ahmed Vs. Director of Trade Organisations and others, 2000, 29 CLC (HCD)
....or Respondent No. 4. Writ Petition No. 2608. Judgment KM Hasan J.- The Rule was issued calling upon the respondents to show cause as to why they should not be directed to cancel the impugned resolutions dated 14-3-2000 (Annexure-‘G’) and the impugned Circular 10-5-2000 (Annexure-‘J’...... 1961 and Article 66 of the Memorandum and Articles of Association of CCCI the petitioner cannot avail remedy in the court of law. 20. The Writ Petition is also not maintainable because of so many disputed questions of fact relating to notice, membership and signatures, which cannot be resolved w..Category: Others | Date: | Hits: 123
Janata Insurance Co. Vs. Islam Steel Mills, 2000, 29 CLC (HCD)
....in MS No.44 of 1994, MS No.45 of 1994 and MS No.46 of 1994 are hereby confirmed. Let the records be sent down without any further delay. Ed. This Case is also Reported in: 52 DLR (2000) 642. ......tion, [1996] 6 SCC 428. 28. We have read the pleadings of the parties and the evidence on record, oral and documentary and the judgments. The facts have now come out to be straight and admit of no dispute. The goods lost by fire were insured with and covered by the policies issued by the defendan..Category: Business or Commercial Law | Date: | Hits: 211
State Vs. Md. Khosbar Ali, 2000, 29 CLC (HCD)
....e. It is directed that the said accused be transferred from the condemned cell to the general cell. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 633. ...... of them Fazlu, Salam, Mati and accused Khosbar were married and Hannan, Awal and Helal were unmarried and that on the day of occurrence other brothers were present in the house and that there was no dispute amongst the brothers and that she was not exactly aware as to why Khosbar killed her husband..Category: Criminal Law | Date: | Hits: 62
State Vs. Shamima Arshad, 2000, 29 CLC (HCD)
....on made above we do not find any substance in this appeal. In the result the appeal is dismissed. Let the records be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 617.......arned Sessions Judge passed the impugned judgment against the evidence and materials whatsoever. 8. Regarding the death of Golapi a maid servant in the house of the accused respondent, there is no dispute from either side. From the evidence of witnesses including P.W.13 Dr. Mojibur Rahman it appe..Category: Criminal Law | Date: | Hits: 60
Mohammad Ali and another Vs. Noor Mohammad, 2010, 39 CLC (HCD)
.... passed by the learned Assistant Judge, Keranigonj, Dhaka in title Suit No. 186 of 1995 is hereby restored. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......rs reported in 50 DLR (AD), 188 their lordships in the Appellate Division on a similar situation held as under: “An order of mandatory injunction cannot be sustained if the subject matter of the dispute is not sufficiently specified. In cases of injunctions the court must be very cautious in sp..Category: Property Law | Date: | Hits: 62
Rupali Bank Ltd. Vs. Chairman, 2nd Labour Court Dhaka & another, 1999, 28 CLC (HCD)
....oresaid complaint cases by Annexure “C” to the writ petitions. In the result the Rules are discharged without any order as to costs. Ed. This case is also Reported in: 52 DLR (2000) 603. ......e actually under the control and supervision of the Bank and their services could be terminated by the Bank. We in the Writ jurisdiction not being a court of appeal will not therefore, interfere with disputed questions of fact which have been found and decided by the Second Labour Court, Dhaka. 1..Category: Labour and Industrial Law | Date: | Hits: 140
KM Zakir Hossain Vs. Bangladesh Bank and others, 2000, 29 CLC (HCD)
....posited to the Bank prior to approval of any new schedulement. But no such payment has been made in this case. Even then, the Board of the respondent No.3, influenced by the Respondent No.5, passed a resolution dated 02-11-99 in favour of Islam Group (Annexure-F). The petitioner, therefore, states t......r, under section 45(2) of the Bank Companies Act the Bangladesh Bank has discretion to modify its own order or circular on a representation made to it or on its own motion. Mr. Rafiqu-ul Huq does not dispute this discretionary power of the Bangladesh Bank but objects to the arbitrary manner in which..Category: Business or Commercial Law | Date: | Hits: 208
Md. Mobarak Hossain Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)
....the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 835. ...... would encash the Bank Guarantee. On 26.11.2007, the petitioner informed respondent No.4 that due to long delay in giving decision regarding various issue, such as advance payment for mobilization, dispute with RI-ID about bridge alignment, land acquisition problem and also block work and CC block..Category: Others | Date: | Hits: 118
Delbar Sheikh and Bashiron Nessa Vs. Rahman Sheikh @ Md. A. Rahman and others, 2010, 39 CLC (AD)
....- is to be deposited within 1(one) month. Petitioners are permitted to prepare the paper book out of Court in accordance with rules. Ed. This Order is also Reported in: VIII ADC (2011)124. ...... that the suit for partition is not maintainable. It is further contended that since the plaintiffs arc claiming title in the suit lands as successive heirs of the C.S. recorded owners, there is no dispute that they are co-sharers in the suit lands and thus, the findings of the High Court Division..Category: Property Law | Date: | Hits: 104
Government of Bangladesh and others Vs. Md. Enamul Kabir and another, 2010, 39 CLC (AD)
....d therefore the petitioners have no reason to be aggrieved. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 118. ......ioner wrote a letter to respondent No.3 for taking necessary steps to allow the petitioner to cut the trees. The respondent No.3 by his letter dated 12.11.2008 informed the petitioner that there were disputes regarding the ownership of the trees between Communication and Local Government, Rural Deve..Category: Others | Date: | Hits: 165
Shah Ahmed Vs. Muhammad Abdullah and others, 2010, 39 CLC (AD)
.... Miscellaneous Case No.173 of 1986 and that the learned Additional District Judge will be at liberty to dispose of the said case on merit. Ed. This Case is also Reported in: VIII ADC (2011)106. ......vi Shah Ahmed Chowdhury and others stating that the property of Waqf of Jinnat Ali had already enrolled as Waqf property in E.C. No.4401, and the Mutwalli is not coming forward for enrolment of the disputed property as Waqf property because Jinnat Ali had no interest in it, but the enrolment was n..Category: Trust/Waqf Law | Date: | Hits: 171
Abdul Aziz (Md.) Vs. Sonia Pervin Liza (Minor), 2006, 35 CLC (HCD)
....the Almighty Allah shall be the basis of all actions." 33. The Ordinance of 1985 is not a legislation on substantive Muslim Law but is merely a procedural law governing the forum and procedure for resolution of some specified family disputes. The parties to the dispute come to the Family Court wi......s of all actions." 33. The Ordinance of 1985 is not a legislation on substantive Muslim Law but is merely a procedural law governing the forum and procedure for resolution of some specified family disputes. The parties to the dispute come to the Family Court with all their accrued rights under th..Category: Family Law | Date: | Hits: 214
State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)
.... Condemned prisoner Shaniram is to be set at liberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ...... guests and since last part of March, 1998 all the condemned-prisoners knew about the party to be held on 23-4-1998. 24. PW 2 denied the defence suggestions that Shajneen was killed due to family dispute over property, that the statements of condemned-prisoners Minu and Parvin were the result of..Category: Criminal Law | Date: | Hits: 70
Eskayef Bangladesh Ltd. Vs. Commissioner of Taxes, 2004, 33 CLC (HCD)
....ly, the questions in both the reference applications are answered in the affirmative and in favour of the Department. No order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 531. ......well as the Tribunal did not commit any illegality in not accepting the audited account as a whole. We have also perused the decisions cited by Mr. Altaf Hossain, as mentioned hereinbefore; we do not dispute the proposition of law as enunciated in the cited cases that if the assessee follows a parti..Category: Fiscal/Taxation Law | Date: | Hits: 88
Mofazzal Hossain alias Mofa and others Vs. State, 2004, 33 CLC (HCD)
....respective bail bonds. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 524. ......s Sobhan. Now Chairman of the Deklerpur Union Parishad is the brother-in-law of the informant whereas the appellants are the party men of the former Chairman Yeakub. There is a long standing election dispute between them, that over such rivalry', the appellants were falsely implicated in this case. ..Category: Criminal Law | Date: | Hits: 52
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