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....le is hereby recalled and vacated.
There is no order as to costs.
Send down the lower Court record at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 270, 26 BLD (HCD) (2006) 634.
......try and in this way Sreemanta Mistry acquired total 5.37 acres of land. During his possession, he died leaving three sons, namely, Saradakanta Mistry, Barada Kanta Mistry and Aswani Mistry. There was dispute among the co-sharers and plaintiff No. 1 filed Title Suit No. 218 of 1951 for partition and ..
Category: Property Law | Date: | Hits: 27
Surajmal Ram Prasad Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....w as to whether the Appellate Taxes Tribunal was justified in view of section 154 of the Ordinance in dismissing the appeal for being barred by limitation since fate of second question depends on the resolution of first question. 7. He also took us through the record and submitted that after ......question facing us is, whether the Taxes Appellate Tribunal was justified to dismiss the appeal before the Appellate Joint Commissioner of Taxes on the ground of limitation only. 13. It is not disputed that sub-section 3 empowers the Appellate Joint Commissioner of Taxes to admit an appeal ev..Category: Fiscal/Taxation Law | Date: | Hits: 63
Anwara Begum Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....d Buildings as published in Ka list dated 28-4-1986 within 3(three) months from the date of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 251, 26 BLD (HCD) (2006) 123. ......un and others reported in 53 DLR (AD) 55, it has been stated that since no notice as contemplated under section 5(1)(a) of the Ordinance was issued to the respondents or any other person inclusion of disputed property in the Ka list of the abandoned buildings is without lawful authority. 15. The ..Category: Property Law | Date: | Hits: 40
Nazibul Islam & others Vs. Dr. Amanullah & Ors., 1988, 17 CLC (HCD)
....o of no substance. Accordingly, this Rule is discharged and the stay order granted by this Court is vacated. Naimuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 94. ......Upazilla Magistrate being satisfied that there is a serious apprehension of breach of peace drew up a proceeding under section 145 of the Code of Criminal Procedure and in the same order attached the disputed land and appointed the Upazilla Revenue Officer, Cox's Bazar as official receiver. 3. ..Category: Criminal Law | Date: | Hits: 32
Mirza Shahab Ispahani Vs. Government of the Peoples’ Republic of Bangladesh, 1987, 16 CLC (HCD)
....tore the disputed property to the possession of the petitioner within three months from date. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 87. ......er qualified himself as a Chartered Accountant. He continued to stay in England and came to be gainfully employed there as a Chartered Accountant. With his own earnings in England he acquired the disputed Plot No.NE(G)-II of Gulshan Model Town from the Dhaka Improvement Trust by a registered lea..Category: Immigration and Citizenship Law | Date: | Hits: 188
Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)
....on of the judgment is stayed for 4 (four) weeks from date. There will however be no order as to costs. Amirul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 72.......further submitted that the learned court below had no jurisdiction to pass an order for attachment against the proceeds of letter of credits payable to a supplier by a Commercial Bank for any alleged dispute between the buyer and the seller and this is the basic principle which the civil court has..Category: Business or Commercial Law | Date: | Hits: 209
M/s. Ayat Ali Bhuiyan & Company Ltd. Vs. Janata Bank, 1987, 16 CLC (HCD)
....bservation made above. Therefore, we make Rule absolute in the above terms without any order as to costs. ARM Amirul Islam J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 56.......e to secure ends of justice. The purpose of section 10 of the Code is to prevent Courts of concurrent jurisdiction to avoid possibility of a conflict of decisions between two Courts deciding the same dispute between the same parties and where the disputes are pending in the same Court to avoid multi..Category: Civil Law | Date: | Hits: 88
....y and to submit Gas Bills as per meter reading though under a written bond dated 8-4- 1996 the plaintiff company bound itself to pay the gas bills as per minimum charge system formulated in the 300th resolution of the Board of Directors of the defendant company.
13. Let us now consider the balanc......h further direction not to disconnect the gas line or interfere in the business in any way whatsoever till disposal of the Rule. But ultimately, the Rule was disposed of with the observation that the disputed question of the facts are involved in the petition which for the purpose of proper adjudica..
Category: Civil Law | Date: | Hits: 115
ASM Shamsul Islam Rashedi Vs. Satellite Fishing Ltd. and others, 2001, 30 CLC (HCD)
....eneral Meeting could be held since the inception of the Company. 4. On 15th September, 1996 the respondent directors held a Board Meeting without serving any notice to the petitioner and adopted a resolution requesting the petitioner to hold a requisition meeting as provided in Clause No. 37 of t......his application under section 233 which is deplorable. In view of the above, this application is dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 28. ..Category: Company Law | Date: | Hits: 220
....Plaint of the suit having been rejected, no separate order needs to be passed on the application of defendant No. 3 for striking out its name.
Ed.
This Case is also Reported in: 54 DLR (2002) 17.......both dated 26-8- 91 and 7311 dated 17-9-91 with the defendant No. 1 and/or its agent defendant No. 2 nor there was any written agreement with defendant No. 1 or its agent defendant No. 2 to refer any dispute to the defendant No. 3 for arbitration
c. declaration that there was no written agreement..
Category: Civil Law | Date: | Hits: 101
Idrish Ali Bhuiyan (Md) Vs. Dr. Alauddin Ahmed & ors., 2002, 31 CLC (HCD)
....g out the name of respondent Nos. 1‑3, 8 & 9 and the prayers 'b', ‘c’, ‘d’ & ’e’ in the prayer portion of the election petition. Ed. This Case is also Reported in: 55 DLR (2003) 19.......t filed according to Articles 50 and 51 of the aforesaid People's Order. The petitioner of the election petition has filed the petition according to Article 49 of the People's Order 1972. There is no dispute about any ingredients left out in the election petition as stated in the aforesaid Article. ..Category: Election Law | Date: | Hits: 85
Humayun Majid Vs. Bangladesh Bureau of Anti-Corruption and ors., 2000, 29 CLC (HCD)
....t, the Rule is made absolute with cost of Taka 5,000 against the respondent No. 6 and no order as to cost is made against other respondents. Ed. This Case is also Reported in: 54 DLR (2002) 12. ......rnish the necessary documents. 14. The respondent No. 6 AKM Moinuddin in his lengthy affidavit-in-opposition has mainly stated denying the ownerships of the petitioner and all these are matters of disputed question of title and facts. 15. The respondent Nos. 8-14 who are the heirs of late Sham..Category: Anti-Corruption Laws | Date: | Hits: 232
Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)
....he appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 39. ......d on 2‑4‑1985 between the plaintiff and defendant No. 1 for sale of 4.06 acres of land fully described in schedule to agreement. The agreement is a bilateral one. Execution of the contract is not disputed. 32. Paragraph 2 of the agreement clearly stipulates that the price of said land was fix..Category: Civil Law | Date: | Hits: 78
National Bank Ltd. and others Vs. Habib Bank Ltd. and others, 2002, 31 CLC (HCD)
.... dismissed. In the circumstances, there shall be no order of costs in any of the appeals. Send down the lower Court records forthwith. Ed. This Case is also Reported in: 56 DLR (2004) 15. ......y also sent the duplicate copies of the documents to them through ordinary air mail. But the defendant National Bank Ltd, by its telex dated 20th August, 1986 rejected their such claim. 3. On this dispute, telexes on different dates were exchanged between the National Bank Ltd, Khulna Branch and ..Category: Business or Commercial Law | Date: | Hits: 202
....6‑11‑2002 vide Annexure E to the writ petition is hereby declared to have been issued without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 56 DLR (2004) 1.
......Ara Khanam of 58/A Senpara (Parbata) Section 10, Mirpur Dhaka a neighbour of the petitioner is the Behan of the present Minister in charge of the Ministry of Environment and Forest. Recently a land dispute arose between the petitioner's wife and said Mrs. Ferdous-Ara Khanam in respect of one decim..
Category: Environmental Law | Date: | Hits: 226
Didarul Kabir (Md) Vs. Commissioner of Customs and others, 2001, 30 CLC (HCD)
....ischarged however without any order as to cost. The respondents are at liberty to realise the balance dues by encashing the Bank Guarantee. Ed. This Case is also Reported in: 55 DLR (2003) 11.......nt SRO was produced by the learned Assistant Attorney-General at the time of hearing and the SRO was also examined by Dr. Zahir who then found it difficult to press the point any further. There is no dispute that government can fix tariff value for any goods under section 25(7) of the Customs Act an..Category: Fiscal/Taxation Law | Date: | Hits: 77
Narayanganj High School and others Vs. Pran Ballave Saha Banik and others, 1998, 27 CLC (HCD)
.... totally false and frivolous. Thereafter defendant No.4 by his Memo No. 63/89 dated 11-9-89 informed the plaintiff that he had been dismissed from service with effect from 11-9-89 on the basis of the resolution dated 3-9-89 adopted by the Executive Committee of the School. 3. Defendant No. 4 cont......issions made by the learned Advocate for the petitioner are self-defeating and misconceived and the same deserve no consideration. 7. Mr. Huq has taken me through the impugned judgments. It is not disputed that the plaintiff has been a Senior Teacher of Narayanganj High School. It is also not dis..Category: Employment/Service Law | Date: | Hits: 72
American Express Bank Limited Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....2-93 to 1997-98 are without lawful authority and of no legal effect. In the result the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002)7. ......s account sheet which according to respondent no. 3 resulted in under assessment for those years in question and the petitioner was thus served with notice to submit returns afresh for those years in dispute within 21 days. On receipt of said notices the tax adviser of the petitioner by letter dated..Category: Fiscal/Taxation Law | Date: | Hits: 132
....val of the petitioner is illegal and without any lawful authority.
The Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 81.......ubmit that they were not satisfied with the way the petitioner had been conducting the case and therefore, decided to remove him and appointed respondent No.3 as Public Prosecutor. Without going into disputed question of facts let us examine the impugned Memo itself which is Annexure ‘D’ to the ..
Category: Employment/Service Law | Date: | Hits: 108
M Saleem Ullah, Advocate and others Vs. Bangladesh, 2002, 31 CLC (HCD)
....in that case it was decided that the orders of the Government to convert the site reserved for public park to civic amenity and to allot it for private nursing home to Bangalore Medical Trust and the resolution of the Bangalore Development Authority in compliance of it were null, void and without ju......y-General appearing for the respondent No. 3. 8. The learned Advocate for the petitioners has taken us through the writ petition, affidavit in opposition and other connected papers. 9. It is undisputed that the land in between Road Nos. 3 and 4 of Block A, Section 12, Mirpur Housing Estate wa..Category: Environmental Law | Date: | Hits: 259
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