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Tahera Begum Vs. Farukh Meah, 1982, 11 CLC (AD)
.... the Muslim Family Laws Ordinance, 1961. In the result therefore this appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 170. ......the view of the changed circumstances when there was no Chairman of the Union Council the function could not be performed by the Chairman of Union Parishad unless the law was suitably amended and the provisions of sections 6 and 7 Ordinance have become nugatory. 4. Leave was granted to consider t..Category: Family Law | Date: | Hits: 166
Commissioner of Taxes, Chittagong Zone Vs. M/S. M. Ismail and Sons, 1982, 11 CLC (AD)
....rectly interpreted the expression 'person.' Accordingly, Civil Appeal No. 115 of 1981 is dismissed, without any order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 165. ......come Tax Act. The Commissioner of Taxes, Chittagong Zone, is the appellant in Civil Appeal No. 114 of 1981, wherein leave was granted to consider whether the High Court Division correctly interpreted provisions of sub-section 2(A) of section 34 of the Income Tax Act. The assessee is the appellant in..Category: Fiscal/Taxation Law | Date: | Hits: 104
Abdur Rashid and another Vs. Abdul Barik and another, 1983, 12 CLC (AD)
....or the aforesaid reasons, the order of the learned Judge of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 162....... suit against him. 10. Under Order IX, rule 13 of the Code, if summons is not duly served on the defendant, that is a good ground for setting aside an ex parte decree. On a perusal of the relevant provisions of the Civil Procedure Code it would be apparent, that due service of summons is an ess..Category: Property Law | Date: | Hits: 67
Shafiqur Rahman and others Vs. Nurul Islam Chowdhury and others, 1982, 11 CLC (AD)
....cessary to make any further observation in this regard. Order of the Court. By the majority judgments, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 127. ......nts moved the High Court Division under section 439 Cr.P.C. The learned Judge of the High Court Division who heard the matter held that the appellants' application under section 439 was barred by the provisions of section 439A of the Code of Criminal Procedure and therefore, discharged the rule. ..Category: Others | Date: | Hits: 135
Abu Saber Aziz Mohammad and others Vs. Government of Bangladesh and others, 1976, 5 CLC (AD)
....manded to the trial Court for disposal in the light of the observation made above. There will be no order as to costs in this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218.......settle the disputed lands with the appellants, that the said lands were cultivated by the bargadars of respondents No 2 to 4, that these lands were subsequently acquired by the Government under the provisions of East Bengal State Acquisition and Tenancy Act and that the Government had been in poss..Category: Property Law | Date: | Hits: 75
Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)
....urt fees payable on the Memorandum of Appeal so treated within six months from the date of the arrival of the records in the High Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195.......ons 86 and 87 of the State Acquisition and Tenancy Act by President's Orders No.72, 135 and 137 of 1972 the contesting defendants filed an application for abatement of the suit under the said amended provisions of sections 86 and 87 of the State Acquisition and Tenancy Act. While disposing of the sa..Category: Property Law | Date: | Hits: 133
M Fransis P Rojario alias Babu Vs. State, 2009, 38 CLC (HCD)
....ccused petitioners is hereby quashed. Communicate a copy of this Judgment to the Court concerned where the case is now pending at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 355.......contravention of the constitution and by laws of the Society and misappropriation of substantial part of the consideration money by the accused petitioners the complainant/ informant without invoking provisions of the Samabaya Samity Ain, 2001 has filed the petition of complaint in the Court of Chie..Category: Criminal Law | Date: | Hits: 86
Nurun Nabi (Md.) Vs. Md. Abu Taher Khan and another, 2009, 38 CLC (HCD)
....usly as may be Practicable. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 317. ......tion by its nature is a beneficial one and the chequed defaulter should not be indulged in a manner so that the legislative intent is allowed to be frustrated. 21. We have also considered that the provisions regarding framing of charges has been incorporated under Chapter XIX of the Code of Crimi..Category: Criminal Law | Date: | Hits: 86
Hanif Shaikh (Md) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....nced by Annexure E to the writ petition, is hereby declared to have been passed and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 645. ......re thereto, submitted that the newspaper "Dainik Uttarbanga Barta" is the only newspaper published from Natore after obtaining declaration from the respondent No. 2 on 4‑5‑1997 complying with the provisions of the Printing Presses and Publications (Declaration and Registration) Act, 1973, and th..Category: Information Technology Law | Date: | Hits: 282
National Life Insurance Company Ltd. Vs. Controller of Insurance, 2002, 31 CLC (HCD)
....3‑1999 by the respondent imposing fine upon the petitioner is declared to have been done without lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 624.......te its compliance. In the meantime, the Company has passed special resolutions amending Articles of Association inserting Article 52 and 52A requiring directors to be appointed in accordance with the provisions of sections 48(1), 48BB read with section 48B of the Insurance Act. Thereafter, the respo..Category: Business or Commercial Law | Date: | Hits: 271
Tofael Ahmed Vs. State, 2002, 31 CLC (HCD)
.... which the accused was acquitted under section 247 CrPC due to absence of complainant on the next date fixed. 29. On appeal it was dismissed by High Court with observation that section 247 CrPC is mandatory. Personal appearance of the complainant is compulsory. The section makes no difference bet......l the matter was sent back for retrial by the appellate Court, the trial Court abruptly recorded the impugned order dated 21‑1‑1995 which, according to him, cannot be sustainable. He read out the provisions of section 247 Cr.P.C. and shows there from that in view of the above background and hist..Category: Procedural Law | Date: | Hits: 73
BIVAC International SA and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....t the Government's policy to set up an efficient Customs Department. As a means of implementation of the Government's policy through the PSI Agent, the Customs Act 1969 was amended making PSI schemes mandatory and further imposing penalty if goods are imported in Bangladesh without CRF Certificate i....... Mr. Islam categorically denied the submission made by the petitioners and submitted that respondents had decided to appoint the Pre-shipment Inspection Agencies (PSI) for a new term pursuant to the provisions provided in Pre-shipment Inspection Rules, 2002(SRO No.255-Law/2002/1973/Customs dated 9t..Category: Fiscal/Taxation Law | Date: | Hits: 152
.... discharged, however, without any order as to costs.
Communicate the judgment to the concerned executing Court at once.
Nazmun Ara Sultana J. - I agree.
Ed.
This Case is also Reported in:
......t committed any illegality in admitting the same.
6. We have examined the writ petition, affidavit-in-opposition and the order sheet of the execution case and carefully consulted with the relevant provisions of law. It appears that the suit was instituted on 23.6.1998 and was decreed on 12.7.1999..
Category: Civil Law | Date: | Hits: 107
Abdus Salam Laskar Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... result, the Rule is discharged. The order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......hengra Beel, Choto Chengra Beel, Goal Beel and Kasma Beel. The Government has been managing and controlling the suit land for last fortyfive years and leased out the same to different persons. As per provisions of sections 3 and 20 of the State Acquisition and Tenancy Act, all fisheries have been ve..Category: Property Law | Date: | Hits: 78
Govt. of Bangladesh & another Vs. M/S Mashriqul Textiles and others, 1982, 11 CLC (AD)
.... parties agreed upon his appointment in the agreement. In the result, the appeal is dismissed without, however, any order to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ...... or where the parties cannot agree upon an arbitrator, to an arbitrator appointed by the Court. (5) Thereafter the arbitration shall proceed in accordance with, and shall be governed by, the other provisions of this Act so far as they can be made applicable." 3. As it appears, section 20 provi..Category: Alternative Dispute Resolution | Date: | Hits: 238
State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)
....as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ......their opinions in respect of maintaining capital sentence or awarding a sentence of life imprisonment. 5. As a preliminary point, it is argued by the learned advocates for the appellants that the provisions of Sections 378 and 429 of the Code of Criminal Procedure require that the whole case be ..Category: Criminal Law | Date: | Hits: 94
Abdul Mannan Bhuiyan Vs. State, 2010, 39 CLC (AD)
....t Division, in the premises, are perfectly justified in maintaining the conviction and sentence of the appellant. The appeal is therefore dismissed. Ed. This Case is also Reported in: ....... It was observed “It may be remarked that there can be no absolute rule that a retracted confession can not be acted upon unless the same is corroborated materially”. In P.K. Singh’s case, the provisions of the Code of Criminal Procedure were not applied in Manipur where the occurrence took p..Category: Criminal Law | Date: | Hits: 100
Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)
.... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ...... has or have exercised the power of a District Judge or a Subordinate Judge to be a Special Judge or Special Judges for the purposes of hearing appeals which may be preferred to him or them under the provisions of this Act and of inquiring into disputes as to the title to receive any compensation un..Category: Property Law | Date: | Hits: 67
Government of Bangladesh and Others Vs. Md. Mosharraf Hossain, 2011, 40 CLC (AD)
....not find any error in the impugned judgment and order calling for interference by this Court. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 67.......r as they treat Bench Readers as Third Class Non-Gazetted Officers instead of First Class Gazetted Officers do so without lawful authority and are, therefore, declared to be of no legal effect. These provisions are so blatantly discriminatory in their effect that there can be no hesitation on the pa..Category: Employment/Service Law | Date: | Hits: 127
....Kha) were inserted in sub-section (2) of section 42 and the second proviso to section 194 of the Customs Act came to the clear finding that the Tribunal had no jurisdiction to waive/dispose "with the mandatory requirement of deposit of a percentage of demanded VAT or penalty to entertain an Appeal......tition) passed by respondent No.1, Customs, Excise & VAT, Appellate Tribunal, directing it to submit the copy of the treasury chalan after depositing the demanded Value Added Tax (VAT) as per the provisions of the Value Added Tax Act, 1991 (the VAT Act) to have been issued without lawful autho..
Category: Fiscal/Taxation Law | Date: | Hits: 130
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