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Hyundai Corporation Vs. Deputy Commissioner of Taxes, Dhaka and another, 1999, 18 CLC (HCD)
.... taxes. Nowhere it was found that this petitioner was doing any business in Bangladesh. 5. Md. Aftabuddin, the learned Advocate appearing on behalf of the opposite party No.1 Revenue, on the other hand, submits that this petitioner filed returns showing no income. Through as a matter of fact they......n is not assessable in Bangladesh for the reasons as aforesaid the order of attachment is found to be illegal and without jurisdiction. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 333...Category: Fiscal/Taxation Law | Date: | Hits: 254
Abdul Quayuam Khan Vs. Abu Yusuf Mridha, 1997, 26 CLC (HCD)
....mitation and that the plaintiffs failed to prove the genuineness of the Ekrarnama. 8. Mr. Mihir Kanti Majumder, learned Advocate appearing on behalf of the plaintiff opposite parties, on the other hand, submits that the genuineness of the deed of being established by evidence, there is no error i......e date of such information the period of payment of the amount in question should be calculated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 386. ..Category: Procedural Law | Date: | Hits: 129
Assistant Custodian, Vested Property Vs. Jugal Chandra Shaha & others, 1988, 27 CLC (HCD)
....ivision (Barisal Bench) (Civil Revisional Jurisdiction) Present: Muhammad Ismailuddin Sarker J Assistant Custodian, Vested Property..........................Petitioner Vs. Jugal Chandra Shaha & others............................Opposite Parties Judgment November 30, 19......First Court, Patuakhali for disposal of the Miscellaneous Case in accordance with law and in the light of the observation made above. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 473...Category: Limitation Law | Date: | Hits: 275
Sourja Bala Devi Vs. Habibullah Sheikh, 1989, 18 CLC (HCD)
....sale amounts to a fraud and in such a case the judgment-debtor is entitled to claim the benefit of Section 18 of the Limitation Act. 12. The learned Advocate for the opposite party on the other hand submits with reference to two cases reported in 6 DLR 434 and 9 DLR 394 that admission of appea......clearly an error of law resulting in an error in the decision occasioning failure of justice as it would be evident from the decision reported in 29 DLR 301 referred to above. It is, however, to be noted that it is one thing to entertain an application or register an appeal and it is quite differe..Category: Property Law | Date: | Hits: 106
Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)
..... (1900) 2 QB 530; Serajul Islam Chowdhury Vs. Md. Jainal Abedin, 49 DLR (AD) 164; Government of the People’s Republic of Bangladesh Vs. Hosne Ara Begum, 49 DLR (AD) 127; Smt. Kamla Devi Vs. Kishanchand, AIR 1970 MP 168; Pushpabai Parshottam Udeshi Vs. Rajnit Ginning and Pressing Co. Pvt. Ltd., AI...... tried to shield the driver as if the accident was taken place due to the fault of the deceased who "oinnamonoshka bhabe Udvranter moto” was crossing the road and met the accident. It is also to be noted here that driver was alone in the vehicle and no assistant was provided by the appellant to co..Category: Civil Law | Date: | Hits: 339
Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)
.... total, Taka 6,00,000 to defendant No.1 to be repaid in 25 years with monthly installment of Taka 5,571,65 for constructing a house. Defendant No.1 mortgaged the suit property with this defendant and handover original deed No.5060 and 6075 dated 6-10-79 with some other papers to this defendant. Defe......erest within 30 days from the date of receipt of this order. Sent down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 474. ..Category: Civil Law | Date: | Hits: 156
....as per section 67 and as such on two different counts the petitioner is entitled to get back the refund of the claim.
9. Mr. SM. Moniruzzaman, the learned Assistant Attorney-General, on the other hand, by filing affidavit in opposition opposes the Rule. His submission is plain and simple. He den......und of the claimed amount of the petitioner forthwith preferably within 1(one) month from the date of receipt of this order positively.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 471...
Category: Fiscal/Taxation Law | Date: | Hits: 323
Majeda Khatun @ Majeda Rahman Vs. State, 1988, 17 CLC (HCD)
....been granted bail by this Court and as such this petitioner should also be granted bail having stood on similar footing. 9. Mr. Kaiseruddin Ahmed, the learned Deputy Attorney-General, on the other hand, submits that though the petitioner's name did not find place in the F.I.R. yet her involvement......l be free to cancel the bail of the petitioner in case of any violation of the privilege of bail granted hereby to her by this Court. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 76. ..Category: Criminal Law | Date: | Hits: 105
Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)
.... order is against the patent provision of law and the decisions of the superior Courts. 8. Mr. S.H. Md. Nurul Huda Jaigirdar, the learned advocate for opposite party Nos.15, 6 and 7, on the other hand, supported the order of the learned Munsif and submitted that the order passed by the learned M......and as such it calls for interference. The impugned order be set aside and the Rule be made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 72. ..Category: Procedural Law | Date: | Hits: 193
Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)
....e Indian Supreme Court and reported in AIR-1980 at page 840 is applicable in the facts and circumstances of this case. 13. Mr. Abdul Malek, the learned Advocate for the opposite party on the other hand, submits that the decision of the Indian Supreme Court is not applicable to the present case ......ed, the question of amendment of the plaint does not arise. Hence the connected rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ..Category: Employment/Service Law | Date: | Hits: 175
Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)
....ury, Nizamuddin Bepari (on showing Saidur Rahman Chowdhury @ Bachchu Chowdhury, Atiar Rahman Chowdhury and Nizamuddin Bepari as absconders), citing as many as 37 witnesses including the doctor, the hand-writing expert and the concerned police officers. After following the legal provisions rega......f the deceased to him. Incidentally we may mention that the Magistrate after hearing arguments of Mr. Abdul Malek, learned Advocate for not sending petitioner Shah Alam Chowdhury to police remand noted in his order dated 18.7.88 as follows :- “আসামী শাহ আলম চৌধ..Category: Criminal Law | Date: | Hits: 127
State Vs. Jahaur Ali & Others, 1987, 16 CLC (HCD)
....ther Jan Mohammad and Jahur Ali called Jalil's elder brother Saburuddin from village Kalamati to village Bhothat at about 12' o clock and asked him to realize that amount of Taka 55/- from Jalil and hand over the same to Muslim and over that matter there was some conversation between parties and at......rejected and case is sent back on remand to trial Court for holding the trial of the case in the light of the observations made above. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 94. ..Category: Criminal Law | Date: | Hits: 107
Muktar Hussain Khan Vs. Suresh Chandra Dey & Others, 1989, 18 CLC (HCD)
.... 86. ......ed land and also the rest of the disputed plot have been shown to have been exchanged by Gouranga (defendant No.1) and his brother Subhes with certain lands of defendant Nos.3 and 4. It is also to be noted that in his written statement, Gouranga, defendant No.1 has categorically stated that the sign..Category: Civil Law | Date: | Hits: 133
Shahjahan Mizi (Md.) Vs. State, 2005, 34 CLC (HCD)
....l No. 779 of 2003. Judgment Syed Abu Kowser Md. Dabirush Shan J.- This jail appeal is directed against the impugned judgment and order dated 27‑8‑2003 passed by the learned Sessions Judge, Chandpur, in Sessions Case No.64 of 2001, convicting the accused appellant under sections 302 and 201......dismissed and the order of conviction and sentence is hereby upheld. Send down the LC records with a copy of the judgment at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 224. ..Category: Procedural Law | Date: | Hits: 118
.....g. an ordinary buyer, if there is a breach of such contract the aggrieved party can sue for damages or any other appropriate remedy, but not by way of invoking the writ jurisdiction.
On the other hand, when the Government grants lease, privilege, settlements etc. the Government acts and discharg.......
In the result, the Rule is discharged without any order as to costs.
The stay order granted by this Court earlier is vacated.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1993) 33.
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Category: Others | Date: | Hits: 227
Abdul Khaleque & others Vs. Siddiqur Rahman & others, 1987, 16 CLC (HCD)
.... court an appeal lay against the decree and no appeal against the order recording compromise lies and as such this appeal is not maintainable. The learned Advocate for the appellant, on the other hand, submitted that the appellant had remedy both by way of appeal from the decree itself as well a......e above discussion, I do not find any substance in this appeal. I dismiss the appeal. However, there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 29. ..Category: Property Law | Date: | Hits: 109
Lal Mia Vs. State, 1989, 18 CLC (HCD)
....re, the said order need to be set aside in Revision and the appeal preferred by the petitioner appellant need be admitted and heard on merits. 6. The learned Advocate for the State, on the other hand, has submitted that a right of appeal is a vested right but it needs, to be filed within 30 day......n filing the appeal and decide the matter on merits in the best way the court would deem fit and proper. Send down the records at once. Ed. This Case is also Reported in: 42 DLR (1990) 15. ..Category: Procedural Law | Date: | Hits: 122
Crescent Jute Mills Company Ltd. Vs. Chairman, Labour Court and another, 1996, 25 CLC (HCD)
...................Respondent Judgment November 14, 1996. Result: The Rule is discharged. Cases Referred to- Pubali Bank Vs. Chalrinan, Labour Court, Dhaka and another, 44 DLR (AD) 40; Chand Miah Talukdar Vs. Chairman, Court of Settlement and another, 45 DLR 304. Lawyers Involved: ......under the provisions of section 25 of the Act as found above. In the result, the Rule is discharged without any order as to Costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 201. ..Category: Labour and Industrial Law | Date: | Hits: 177
Gias Uddin Vs. Dhaka Municipal Corporation and others, 1996, 25 CLC (HCD)
....ary, 1983. Though the petitioner claimed that he was given accommodation in the Gulshan Taltala sweeper colony with other sweepers he could not produce anything in support of such claim. On the other hand respondents denied that there is any sweeper colony named Gulshun Taltala sweeper colony. Accor......acts and circumstances of the case we find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 199. ..Category: Constitutional Law | Date: | Hits: 369
State Vs. Moksed Ali and others, 2011, 40 CLC (HCD)
....Tutul, son of Sonali Mollah and Ripon (Absconding), son of Momtaz Khan have been convicted under section 302 read with Section 34 of the Penal Code attracting sentences of death as pronounced and handed down by the learned Additional Sessions Judge; Manikganj in Sessions Case No.73 of 1999. This...... were found guilty of attempt to murder under section 307 read with section 34 and sentenced to imprisonment for life. The other two accused persons, Adalat Khan and Mobarak were acquitted. It is noted that of the three said Condemned Prisoners. Tutul and Ripon were both absconding at the time t..Category: Criminal Law | Date: | Hits: 131
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