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....e Indian Supreme Court. Article 14 of the Indian Constitution (Article 27 of our Constitution) has been noticed in the case of EP Royappa vs. State of Tamil Nadu AIR 1974 (SC) 555. The Constitutional Bench of the Indian Supreme Court speaking through Bhagwati, J. (with Chandrachud and Krishna Iyer, ...... 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.
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Category: Fiscal/Taxation Law | Date: | Hits: 81
Commissioner of Taxes Vs. Kushtia Sugar Mills Ltd., 2000, 29 CLC (HCD)
....am J.- In this referee application the revenue department calls in question the legality and propriety of the Judgment and order dated 22-11-93 passed by the Taxes Appellate Tribunal, Dhaka, Division Bench-2, Dhaka in It, No.1675 of 1982-83 (Assessment Year 1978-79) whereby the Tribunal affirmed the....... Accordingly, we answer the questions in the affirmative and against the revenue applicant. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 504...Category: Fiscal/Taxation Law | Date: | Hits: 104
Anindra Bhusan Ghose Vs. Bangladesh Government, 2001, 30 CLC (HCD)
....Attorney-General appearing for the respondent-Government, cites the decision in the case of Feroza Majid and another Vs. Jiban Bima Corporation, reported in 39 DLR (AD) 76 and their Lordships in full Bench have held in para 5 as follows: “It also contains a recital that the vendor on receipt of......l. For the reasons and discussions made above, I find no merits in this appeal. In the result the appeal is dismissed. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 493...Category: Property Law | Date: | Hits: 85
Parul Bala @ Parul Rani Shah Mondol Vs. Suruj Miah and others, 2001, 30 CLC (HCD)
.... not attached the property and the attachment had come to an end on 7-9-33, the petitioners had no enforceable claim under the said attachment. A direct decision on this point is afforded by the Full Bench case of Annamali Chettar v Palamalai Pillai(1) which is against the petitioner.” 31. Of c......)68 is disposed of accordingly, the judgments and decrees of, the Courts below are set aside. The suit is decreed in full. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 481...Category: Property Law | Date: | Hits: 83
Abdus Sukur (Md.) and others Vs. Bhasani Mandal and another, 2001, 30 CLC (HCD)
....gment and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452.......gment and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452...Category: Property Law | Date: | Hits: 75
Progoti General Insurance Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....ance, 1984 (hereinafter called “the Ordinance”) arises out of Judgment and order dated 17-2-93 passed in ITA No. 2575 of 1991 (Assessment year 1990-91) by the Taxes Appellate Tribunal, Bangladesh Bench-2, Dhaka. 2. The assessee-petitioner carried on business of General Insurance and in the as......ormulated by us in the negative and in favour of the assessee petitioner. There will be no order of cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 424, 53 DLR (HCD) (2001) 531. ..Category: Fiscal/Taxation Law | Date: | Hits: 104
Mainuddin Chowdhury & others Vs. State and another, 2001, 30 CLC (HCD)
....bail by the accused-petitioners should not be set aside and also as to why the accused-petitioners should not be enlarged on bail in the said case. 2. Pending hearing of this Rule another Division Bench of this Division vide their order dated 17-8-2000 granted bail to the petitioners 1-3 on an ap......itioners No.4 be enlarged on bail to the satisfaction of the Deputy Commissioner, Chittagong, if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 416. ..Category: Criminal Law | Date: | Hits: 43
Akkas Ali Molla and another Vs. State, 2001, 30 CLC (HCD)
....prohibition of section 195 of the Code of Criminal Procedure. 12. In the case of Wahida Khan Vs. Sahar Banu and another, reported in 48 DLR 286, KM Hasan J in delivering the judgment of a Division Bench of the High Court Division held: "The want of complaint under section 195 is incurable and ...... is felt to be necessary. The order of stay of realisation of fine passed on 29‑3‑1989 is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (2003) 296. ..Category: Criminal Law | Date: | Hits: 129
Mrs. Aruna Sen Vs. Govt. of the People's Republic of Bangladesh and others, 1974, 3 CLC (HCD)
....ani Vs. Government of West Pakistan, 19 DLR (SC) 403. There, was no mention of "reasonable" in regard to satisfaction required under the said rule. Cornelius, C.J. who delivered the judgment of the Bench shed new light on the construction of relevant provisions of detention laws by relating the ......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
....n with summary proceeding for a quick remedy, no review lies against the judgment passed in the writ proceeding. Present review petition is not therefore maintainable. He also submits that since this Bench did not hear, and dispose of the writ petition by passing the judgment under review, this Benc...... 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.
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Category: Others | Date: | Hits: 119
Agrani Bank Vs. MA Kahhar, 2002, 31 CLC (HCD)
....e limitation law. The principle that what sub‑section (3) creates is an independent contract, but that it does not create a new debt, was lucidly expounded by Kanhaiya Lal J as a member of the Full Bench of Allahabad High Court in the case of Gajadhar Vs. Jagannath, (AIR 1924 All 551). He stated "...... 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
Managing Director, Dhaka WASA Vs. Meer Awlad Hossain and others, 2010, 39 CLC (AD)
.... of the leave petition is condoned. 2. This petition for leave to appeal at the instance of the writ respondent No.2 is directed against the judgment and order dated 15th March, 2009 of a Division Bench of the High Court Division in Writ Petition No.10310 of 2007 making the rule nisi absolute. ......vice." Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 45...Category: Employment/Service Law | Date: | Hits: 87
Deputy Commissioner and another Vs. Md. Abu Taher and another, 2010, 39 CLC (AD)
.... the High Court Division in Writ Petition No.6142 of 2001.) Order Surendra Kumar Sinha J. - This leave petition is directed against the judgment and order dated 19th April, 2007 of a Division Bench of the High Court Division in Writ Petition No. 6142 of 2001. 2. Respondent No.1 instituted......t and order dated 19th April, 2007 passed by the High Court Division in Writ Petition No.6142 of 2001 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 23...Category: Property Law | Date: | Hits: 81
Rafiqul Islam Howlader alias Md. Rafiq Howlader Vs. Syed Abdul Hamid and others, 2010, 39 CLC (AD)
....7.) Judgment Shah Abu Nayeem Mominur Rahman J.- This application under Article 103 of the Constitution seeking leave to appeal against the judgment and order dated 24.02.2009 passed by a Single Bench of the High Court Division in Civil Revision No. 87 of 1997 discharging the Rule and thereby a......l point to interfere with the impugned judgment and order passed by the High Court Division. In the premises the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 19...Category: Property Law | Date: | Hits: 93
Ayesha Siddika and others Vs. Sayed Rafiqul Islam Rafiq and others, 2010, 39 CLC (AD)
....t Division in Civil Revision No.2070 of 2009.) Judgment Surendra Kumar Sinha J. - This petition for leave to appeal is directed against the judgment and order dated 6th August, 2009 of a Single Bench of the High Court Division passed in Civil Revision No.2070 of 2009. 2. Short facts relevan......orrect decision and discharged the rule. We therefore find no reason to interfere with the same. The petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 11. ..Category: Property Law | Date: | Hits: 89
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....sain J. - This petition for leave to appeal under Article 103 of the Constitution of Peoples’ Republic of Bangladesh is directed against the judgment and order dated 29.09.2010 passed by a Division Bench of the High Court Division in Writ Petition No. 6286 of 2010 discharging the Rule. 2. The p......of with the above observations and modifications. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 18, 31 BLD (AD)(2011) 34, 19 BLT (AD) (2011)104, 8 LG (2011) AD 90, VIII ADC (2011) 217. ..Category: Civil Law | Date: | Hits: 174
State Vs. Saiful Islam and another, 2003, 32 CLC (HCD)
....him and to record a brief proceeding so that the higher Court may feel satisfied as to the capacity of the child to give evidence." 45. In the case of State Vs. Abdur Rashid, 24 DLR 18, a Division Bench in paragraph 10 of the report held as follows: "Mere absence of a formal note as to the cap...... maintained with the modification of the sentence of condemned prisoner Fazilutennessa as stated above. Lower Court record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 376. ..Category: Criminal Law | Date: | Hits: 84
Atiqur Rahman Mullah Vs. Abul Kalam Azad and others, 2002, 31 CLC (HCD)
....Revision No. 2581 of 1994. Judgment Md. Abdul Wahhab Miah J.-This is an application filed by the petitioner for re‑hearing of Civil Revision No. 2581 of 1994 which was disposed of by a single Bench of this Court on 26‑11‑2002 discharging the Rule. 2. In the application for re‑hearin......he cost to the learned Advocate for the petitioner by 15th January, 2003, in default, the application for rehearing shall stand rejected. Ed. This Case is also Reported in: 56 DLR (2004) 373. ..Category: Property Law | Date: | Hits: 73
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....ce officer after he was arrested under section 54 of the Code. 44. In the case of Mokbul Hossain Vs. Government of Bangladesh and others, 54 DLR 118 Md. Hamidul Haque, J speaking for the Division Bench observed: "In any case, we cannot accept the argument of Mr. Islam that the arrest was made on......4730 of 2001 arising out of Tejgaon PS Case No. 98 dated 28‑12‑2001 are hereby set aside. The detenus are released of their bail bonds. Ed. This Case is also Reported in: 56 DLR (2004) 324. ..Category: Criminal Law | Date: | Hits: 70
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
....1 Noakhali. Consequential sentence was death. Condemned prisoner preferred Jail appeal and, also, regular Criminal appeal before High Court Division. There had been, also, Death Reference. A Division Bench of High Court Division heard Death Reference, Jail appeal and Criminal appeal together and dis......neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285...Category: Criminal Law | Date: | Hits: 64
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