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BRAC Vs. National Board of Revenue, 2009, 38 CLC (AD)
....aiming nil income. Pursuant to notice under sections 79 and 82(1) of the Income Tax Ordinance, 1984 an authorized representative appeared on behalf of the writ petitioner with books of accounts, bank statements etc. and explained the return. The Deputy Commissioner of Taxes however assessed under se......d arrived at a correct decision. Hence we do not find any reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 63. ..Category: Fiscal/Taxation Law | Date: | Hits: 125
M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)
....suit land which prompted the appellant to file the aforesaid suit for ejectment and compensation. 3. Before the trial Court defendant Nos. 1 and 2 entered appearance and filed two separate written statements denying the allegations made in the plaint. Case of defendant no. 1 is that they were dea......n allowing the appeal and dismissing the suit. There is therefore no merit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455...Category: Tenancy Law | Date: | Hits: 149
Md. Shamsul Huda Vs. Bangladesh and others, 1999, 28 CLC (AD)
....gment and decree dated 16,7.91 of the High Court Division without any order as to costs and restore those of the trial court. Ed. This Case is also Reported in: II ADC (2005) 440. ...... other Execution Case No.22 of 1969 and obtained a kabala executed Through Court on 31.7.72 and also got his name mutated in the record of right and on payment of rent got dakilas and also realised rents from the tenants of the suit property. 4. Defendant Nos. 3 and 4 tenants of the ..Category: Property Law | Date: | Hits: 23
Most. Hamida Vs. Md. Majibur Rahman , 2002, 31 CLC (AD)
....mpugned judgment and order of the High Court Division is set aside and the suit for ejectment is decreed. No order is made as to costs. Ed. This Case is also Reported in: II ADC (2005) 408.......ollows:- "It shows that on the tenant's application which is to be made within six months from the date of payment of such deposit the House Rent Controller can order adjustment against rents if the tenant so desires. Such application does not appear to have been made by the responden..Category: Tenancy Law | Date: | Hits: 175
Export Promotion Bureau and another Vs. Md. Nazmul Hossain and others, 2004, 33 CLC (AD)
....at the time of swearing affidavit of the writ petition. On 10.1.1999, when the present rule was issued the writ petitioner was above 56 years of age as is evident from his date of birth as per the statements dated 24.12.1982 made by the writ petitioner to the respondent Export Promotion Bureau. ......f the powers conferred by section 20 of the Ordinance was published in the Bangladesh Gazette on 24.9.1991 as such the proceedings under Government Rules and Ordinance was authorized. ..Category: Employment/Service Law | Date: | Hits: 105
Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)
....y order as to costs. The judgment and order of the High Court Division be set aside and the order of the trial court be restored. Ed. This Case is also Reported in: II ADC (2005) 283. ......f the Act and the rules framed there under and that the plaintiff had continued to possess the properties, even after the aforesaid notifications, undisturbed and unhampered, by realizing rents and tolls etc. It was also contend that the East Bengal State Acquisition and Tenancy (Amendm..Category: Property Law | Date: | Hits: 43
Begum Khodeza Akhter Vs. Hajera Khatun & ors., 1985, 14 CLC (AD)
....limitation and other as to partial pre-emption, have been finally decided in favour of the Pre-emptors. No order as to costs. Ed This Case is also Reported in: 37 DLR (AD) (1985) 212. ......ion before the Revenue-officer for separation of their jama whereupon a Separation Case, bearing No.605/69-70, was started which ended in an order separating the jama whereupon the two parties paid rents separately. If this is a fact, then, certainly the Pre-emptors ceased to be co-sharers and a..Category: Property Law | Date: | Hits: 35
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
....d Defendants Nos.14 to 24, heirs of Ahmadullah Munshi; defendants Nos.26(ka) and 26(kha), who also contested the suit, are transferees of defendant No.14. They filed separate written statements which are, however, mostly identical. Their case is that; (a) Their predecessors......enure-holder, it shall cease to exist; but nothing in this sub-section shall prejudicially affect the rights of any third person. (3) A person holding land as an ijaradar or farmer of rents shall not, while so holding acquire a right of occupancy in any land comprised in his ijara ..Category: Property Law | Date: | Hits: 55
Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)
....;dence direct or circumstantial to corroborate the confessional statement, and as such the conviction is totally illegal. 4. Evidence adduced by the prosecution in this case consists of the statements of P.Ws.1, 2,3,4,7 and 8 and the unrecorded extra-judicial confession of accused Sattar.......ot guilty of the murder and are acquitted with a direction that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ..Category: Criminal Law | Date: | Hits: 63
Planters (Bangladesh) Ltd. Vs. Mahaluxmi Bank Ltd. (in liquidation) and others, 1984, 13 CLC (AD)
....evidence which formed the basis of the finding of the learned Single Judge is wrong and cannot be sustained. (Another aspect of the case was missed by both the Courts below. The written statements of respondent No.1 show that respondent No.1 was trying to get the benefit of its own f......n three months, in default decretal amount will be paid with interest at the rate of 15% till realisation of the amount. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 129. ..Category: Business or Commercial Law | Date: | Hits: 139
Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)
.... petitioner is not aggrieved; (d) that this Court has no jurisdiction to issue a Rule and to direct the respondent Nos. 3-5 to attend the Sessions; (e) that in view of the statements that the respondent Nos. 3-5 have ceased to be members of Parliament, as such......e Constitution and they are performing their functions in connection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ..Category: Constitutional Law | Date: | Hits: 147
Bashir Mia and another Vs. State, 2009, 38 CLC (AD)
....6 and rightly held that the petitioners are responsible for the murder of the deceased. No mitigating circumstances have been made out to reduce the sentence of death. Since the confessional statements have been found true and voluntary these are sufficient to maintain the conviction, apa......16. In the facts and circumstances of the case we find no substance in these jail petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 335. ..Category: Criminal Law | Date: | Hits: 41
Md. Abdus Samad and others Vs. Md. Mukbal Hossain Mondal and others, 2008, 37 CLC (AD)
....ubstance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 320. ......ing upon the Civil Court; that the High Court Division has misdirected himself in giving much emphasis upon the solenama filed by the defendants in Other Suit No.44 of 1966; that for non-payment of rents the title of the plaintiffs have been extinguish which is absolutely an erroneous findin..Category: Property Law | Date: | Hits: 28
Md. Awlad Hossain and another Vs. Joynab Bibi and another, 2004, 33 CLC (AD)
....ivision, declined to exercise power of review by accepting the unqualified apology as sought holding that unqualified apology was sought at a belated stage and said petition for review also contained statements justifying the conducts of the appellants and that power to remit such punishment on te...... set aside but with the warning that the appellants in future should be respectful while addressing, communicating or dealing with the Court. Ed. This Case is also Reported in: II ADC (2005) 256...Category: Criminal Law | Date: | Hits: 51
Trading Corporation of Bangladesh Vs. Kazi Abdul Hye, 1997, 26 CLC (AD)
....g that the police was not properly investigating the case whereupon the C.I.D. took up investigation as per F.I.R. lodged by the plaintiff. One Ohid and Altaf were arrested. They made confessional statements admitting the commission of dacoity. The criminal case, being Sessions Case No. 303 of 1......we hold that the High Court Division erred in law in decreeing the suit. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 206. ..Category: Employment/Service Law | Date: | Hits: 69
Mohammad Ali Akhand Vs. Bahatan Nessa Bewa and others, 1997, 26 CLC (AD)
....order of remand of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 195. ...... one Sarojini Chowdhurani in Khas. It is the case of the plaintiff that between 1331 B.S, and 1332 B.S. he took settlement of the land from the said owner on different dates paying usual nazar and rents, but Harop Ali, predecessor-in-interest of the defendant Nos. 1-8 who had no interest therein..Category: Procedural Law | Date: | Hits: 63
Faruque @ Jamai Faruque Vs. State, 2004, 33 CLC (AD)
....e next argued that the evidence of P.W. 17 Md. Rabiul Islam @ Rabi and his wife P.W.19 Shafia Begume cannot be relied upon as because they contradicted each other on material points from their statements recorded under section 161 of the Code of Criminal Procedure. He further submitted that...... Faruque and L.M. Liakat Ali Laskor are found not guilty to the charges leveled against them and they are acquitted in this case. Ed. This Case is also Reported in: II ADC (2225) 165. ..Category: Criminal Law | Date: | Hits: 45
Sheikh Abdur Rashid Vs. Alhaj Akram Hossain and others, 2003, 32 CLC (AD)
....on 5.12.83. Hence the plaintiff filed the suit for the aforesaid reliefs. 4. The present appellant as defendant contested the said suit by filing written statement denying the material statements made in the plaint and contended, inter alia, that Atul @ Arjun alone acquired the suit ...... appeal is allowed with cost. The judgment and decree of the High Court Division is set aside and the suit is dismissed. Ed. This Case is also Reported in: II ADC (2005) 139. ..Category: Property Law | Date: | Hits: 37
Md. Shahjahan Mia Vs. Md. Abdul Hye, 2000, 29 CLC (AD)
....e and restore that of the learned S.S.C. Judge decreeing the suit. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 134. ...... and the lease was, however, renewed by a fresh agreement dated 13.4.1988 fixing the monthly rental at Tk. 700/-. The respondent for the month of December 1990 and for January 1991 to March 1991 paid rents on 24.3.1991 and rent for the month of January 1996 was paid on 24.3.1996 and thus the respond..Category: Tenancy Law | Date: | Hits: 172
M. A. Mannan Vs. Chairman, Second Labour Court and others, 2003, 32 CLC (AD)
....at this grievance petition is exactly the same which the petitioner submitted subsequently on 6.12.94. This clearly shows that what was written in the grievance petition dated 12.10.94 are the statements of the petitioner himself that is why he did not find any necessity of adding anyth......ievance petition was barred by time. In view of the discussion above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 131. ..Category: Employment/Service Law | Date: | Hits: 81