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Board of Intermediate & Secondary Education Vs. Md. Mirajul Alam, 1995, 24 CLC (AD)

....dvanced by Mr. Majumder. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 41, 47 DLR (AD) (1995) 167 ......dvanced by Mr. Majumder. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 41, 47 DLR (AD) (1995) 167 ...... We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 41, 47 DLR (AD) (1995) 167 ......"Sirajul Alam", whereas the respondent's name is "Mirajul Alam". Subsequently, the respondent's father was supplied with a duplicate copy of the said Memo. and from an internal source of the Board the respondent's father came to know that the Head Examiner had sent a report t..

Category: Constitutional Law | Date: | Hits: 182

Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)

....nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ......nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ......h Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ......allowing the law to stand rather its overruling would be productive of inconvenience. In order to ensure certainty and consistency in the law and to preserve the sanctity of precedent as a good source of law it would be eminently just and proper to follow the principle of stare decisis..........

Category: Business or Commercial Law | Date: | Hits: 114

Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)

....ich he received Taka. 6 lakh and handed over his tide deeds to the respondent; it was stipulated that the appellant would execute and register a necessary sale‑deed by obtaining income‑tax and gain‑tax clearance certificates and that whenever these formalities would be complete......(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ......Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ......(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ..

Category: Property Law | Date: | Hits: 69

Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and others, 1995, 24 CLC (AD)

....4 of the Transfer of Property Act, 1882 and section 4 of the Partition Act, 1893 the plaintiffs being stranger purchasers are not entitled to get any possession. She paid rent to the Government and tax to the municipality but the dakhilas and tax‑receipts were looted during disturbance. ......er entitlement under section 4 of the Partition Act, .1893 was not at all satisfactory. The appeal is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 45 ...... of the Partition Act, .1893 was not at all satisfactory. The appeal is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 45 ......er entitlement under section 4 of the Partition Act, .1893 was not at all satisfactory. The appeal is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 45 ..

Category: Property Law | Date: | Hits: 51

State Vs. MA Malik, 1995, 24 CLC (AD)

....hem as absolutely false and fictitious. He stated that he was a respectable citizen and a business magnate of the country having a number of Industries and Commercial enterprises and paying income tax to the tune of Taka 23 lacs approximately per year. He alleged that shortly after the marriage ......onably or unfairly. There is no compelling reason to interfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ......no compelling reason to interfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ......onably or unfairly. There is no compelling reason to interfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ..

Category: Criminal Law | Date: | Hits: 64

Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)

....uring the proper discharge of their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 01 ......uring the proper discharge of their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 01 ......their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 01 ...... it was held that executive action was not immune from judicial review merely because it was carried out in pursuance of a power derived from a common law, or, prerogative, rather than a statutory source, and a minister acting under a prerogative power might, depending on its subject matter, be ..

Category: Constitutional Law | Date: | Hits: 203

Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)

....der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ......der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ......vision and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ......der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ..

Category: Tenancy Law | Date: | Hits: 87

Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)

.... the law. 6. It is found from the impugned judgment that the points raised for con in the writ-petitions were two in number-1) whether the importers were hound to pay the customs duty/sales tax at the rate higher than the rate in force on the date of opening of the letters of credit and ...... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ......ssary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ...... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ..

Category: Business or Commercial Law | Date: | Hits: 126

Fazle Karim and others Vs. Government of Bangladesh and others, 1995, 24 CLC (AD)

....a rehearing of the matter. If a case is permitted on these grounds, there will not be case for refusal. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 178.......a rehearing of the matter. If a case is permitted on these grounds, there will not be case for refusal. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 178........ If a case is permitted on these grounds, there will not be case for refusal. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 178.......ued in that it ought to have been held that it was clearly found in that suit that public notice under section 5(1a) was not served. Thirdly, Mr. Ahmed submits that the observations made as to the “source material” i.e., the order sheet Ext.1 are not proper and correct. Fourthly, he submits that..

Category: Property Law | Date: | Hits: 80

Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)

.... decreed for an amount of US $ 5,87,028.00 including cost to the plaintiff-respondent which we assess at US $ 53, 366.00. Ed. This case is also reported in: 48 DLR (AD) (1996) 143 ......f the vessel was “the value shown for unrepaired damage in the policy”, i.e., US $ 22,50,000.00. The scrap value of the vessel was US $ 6,10,000.00. US $ 20,000.00 is to be compulsorily deducted as per policy “at the time of assessing the compensation”. So, a total sum of ...... 5,87,028.00 including cost to the plaintiff-respondent which we assess at US $ 53, 366.00. Ed. This case is also reported in: 48 DLR (AD) (1996) 143 ...... decreed for an amount of US $ 5,87,028.00 including cost to the plaintiff-respondent which we assess at US $ 53, 366.00. Ed. This case is also reported in: 48 DLR (AD) (1996) 143 ..

Category: Business or Commercial Law | Date: | Hits: 151

Fazlur Rahman Shah Vs. Md. Arifur Rahman @ Badsha Chairman, 1996, 25 CLC (AD)

....enceforth would be deducted from the said Taka 1080. The defendant caused new doors to be made for the suit-shop with the permission of Jahanara Bewa which cost Taka 3000.00. He also paid Municipal taxes. The defendant did not know about the transfer of the suit premises to the plaintiff. The def......unt to the defendant after a withdrawal from the House Rent Control Office. Jahanara Bewa realised rent upto Magh 1390 BS and ceased taking rent thereafter saying that the rent henceforth would be deducted from the said Taka 1080. The defendant caused new doors to be made for the suit-shop with ......asons aforesaid the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 258, 48 DLR (AD) (1996) 138 ......able in law. For the reasons aforesaid the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 258, 48 DLR (AD) (1996) 138 ..

Category: Property Law | Date: | Hits: 52

Continental Corporation (Pvt.) Ltd. Vs. Al-Haj Md. Ismail, 1996, 25 CLC (AD)

.... section 9 of the Ordinance and the decision of this Division referred to above which was considered by the learned Judge of the High Court Division. Section 9 provides that where any municipal rate, tax, etc, is payable by the tenant and the landlord agrees, under the terms of the tenancy, to pay s......, therefore, the appeal is allowed without any order as to cost and the impugned judgment and order are set aside. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 141, 48 DLR (AD) (1996) 90 ......is allowed without any order as to cost and the impugned judgment and order are set aside. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 141, 48 DLR (AD) (1996) 90 ......, therefore, the appeal is allowed without any order as to cost and the impugned judgment and order are set aside. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 141, 48 DLR (AD) (1996) 90 ..

Category: Tenancy Law | Date: | Hits: 82

Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)

....The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ......The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ...... any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ......The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ..

Category: Property Law | Date: | Hits: 51

Premhari Barman and others Vs. Commissioner of Taxation, East Pak. Dacca, 1972, 1 CLC (HCD)

.... Judgment:       Maksum ul-Hakim J: This is a case stated by the Agricultural Income Tax Tribunal under sub-section (2) of section 63 of the Agricultural Income-tax Act. The questions of law propounded by and referred to this Court are as follows: ......ingly, our answer to the second question is in the affirmative. 12. In view of the facts and circumstances of the present case, we direct the parties to bear their own costs. Ed. ............Applicants                          Vs. Commissioner of Taxation, East Pak. Dacca (now Director of Taxation, E. Pak. Dacca) ..........Respondents Judg......ingly, our answer to the second question is in the affirmative. 12. In view of the facts and circumstances of the present case, we direct the parties to bear their own costs. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 98

Abdul Hamid Howlader and others Vs. Province of East Pakistan, 1972, 1 CLC (HCD)

....n has no merit which is therefore, discharged with costs which we assess at Rs. 500/ (Rupees five hundred) only. The costs so ordered will be taken equally by the respondents. Ed. ......n has no merit which is therefore, discharged with costs which we assess at Rs. 500/ (Rupees five hundred) only. The costs so ordered will be taken equally by the respondents. Ed. ......nbsp;   January 27th, 1971. Lawyers Involved: Tufail Mahammad Vs. Raja Mohammad Ziaullah 17 DLR (1965) (SC) 325 PLD 1965 (SC); Lawyers Involved: DC Bhattacharjee and SS Haider. Advocates — For the Petitioners. Ruhul Islam, Attorney-Gene......nd Sadar (North) Sub-division fells to the western side of this river, it is obvious, therefore, that in order to reach the police station people of this newly formed char which is well known to be source of constant law and order problems, would require crossing of such a wide river apart from ..

Category: Property Law | Date: | Hits: 81

AKM Shamsuzzaman Khan Vs. Chairman EPRTC, 1972, 1 CLC (HCD)

....e of the amount of Rs. 8400.00 should be so deposited within the period stipulated as above. The appellant worker is entitled to his costs throughout and we order accordingly. Ed. ......r. Aziz, has pointed out that proviso (a) of section 4(1) D of the WC Act clearly laid down that payment made to a worker during the period of his convalescence for his medical treatment cannot be deducted from the compensation under this section and, as such, the order of the learned Commission......thin the period stipulated as above. The appellant worker is entitled to his costs throughout and we order accordingly. Ed. ......e of the amount of Rs. 8400.00 should be so deposited within the period stipulated as above. The appellant worker is entitled to his costs throughout and we order accordingly. Ed. ..

Category: Labour and Industrial Law | Date: | Hits: 118

Daulatpur Jute Mills Ltd. Vs. Income Tax Officer and ors., 1972, 1 CLC (HCD)

....ow disposed of under one judgment. 2. Petitioner in Petition No 527 in Daulatpur Jute Mills Limited, Khulna and the "chargeable accounting period" in respect of which the impugned tax under the Business Profits Tax has been levied is 1.7.54 to 30.6.55. A notice was issued upon ......ugned notice and all proceedings thereunder as without lawful authority and of no legal effect. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. ......er as to costs. Ed. ......ugned notice and all proceedings thereunder as without lawful authority and of no legal effect. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 106

City Bank Limited and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)

....nd any substance in the submissions made by Mr. Rokanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ......nd any substance in the submissions made by Mr. Rokanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ......kanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ......nd any substance in the submissions made by Mr. Rokanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ..

Category: Business or Commercial Law | Date: | Hits: 106

Phoenix Leasing Ltd and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)

....surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ......surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ......l the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ......surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ..

Category: Business or Commercial Law | Date: | Hits: 96

Salma Khatun and others Vs. Zilla Parishad, Chittagong, 1999, 28 CLC (AD)

..... They are not entitled to a declaration of title. 6. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ....... They are not entitled to a declaration of title. 6. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ......aration of title. 6. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ....... They are not entitled to a declaration of title. 6. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ..

Category: Tenancy Law | Date: | Hits: 82