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Md. Nur Hossen Vs. State, 2007, 36 CLC (HCD)
....not a substantive law but a procedural law prescribing procedure. So far as procedural law is concerned, the general principle is that alterations in procedure are retrospective unless there are some good reason against it. Again according to general Rule of Interpretation of procedural statute is t......ook up the investigation and during investigation, he visited the place of occurrence, prepared sketch map with separate index thereof, arrested the accused and sent him to the Court, seized alamats, recorded the statements of the witnesses under section 161 of the Code of Criminal Procedure. 4. ......pellant Nur Hossen shall be set at liberty on his serving the remaining portion of sentence, if any. Send down the L.C.R at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 251. ..Category: Criminal Law | Date: | Hits: 77
Shafiqul Islam Khan Vs. The Commissioner of Taxes, 2012, 41 CLC (HCD)
....persons or a private limited company between the first day of July, 2002 and thirtieth day of June, 2005 (both days inclusive) in any trade, commercial or industrial venture, engaged in production of goods or service shall be exempted from tax and no question as to the source of such investment shal......ther on the facts and in the circumstances of the case the Tribunal was justified in passing the order without complying the Provision of Section 159(2) of the ITO, 1984, considering the evidences of record wherein it is evident that M/s. Shafique & Sons (TIN: 387-300-0564) filed return for the ......unal, which also having been failed, the Assessee-applicant preferred the instant I.T. Reference application before this court, upon formulating the question as has been mentioned earlier. 5. Upon service of the notice the learned Assistant Attorney General Ms. Mahfuza Begum, appeared and filed a..Category: Fiscal/Taxation Law | Date: | Hits: 83
....or the breach of the duty owed by the defendant to the plaintiff. Equity steps in and relieves the hardships of the plaintiff in a common law action for damages and enjoins upon the defendant to make good the damages suffered by the plaintiff on account of the negligence in the case of the duties or......ent-receivers themselves who shall be liable to pay rent to the Government with regard to lands not acquired by the Government under section 3(2). Clause(off) provides that where final publication of record-of-rights under section19 (3) or determination of rent under section 53 was yet to be made or......lude a person in respect of such of his lands, as has been let out together with any building standing thereon and necessary adjuncts thereto, otherwise than in perpetuity and landlords in respect of service tenures. When the Gazette notifications were passed acquiring the rent receiving interests, ..
Category: Environmental Law | Date: | Hits: 434
....is sent back to the Court below for writing out a proper order in accordance with law.
Send down the lower Court's record at once.
Ed.
This Case is also Reported in: 15 MLR (HCD) (2010) 242.
......5 as defendant entered appearance in the suit and filed written statement denying the claims of the plaintiff-bank against him. The Deputy Commissioner, Rangamati on consideration of the materials on record by his Judgment and order dated 18.08.1997 dismissed the suit. Against the said Judgment and ......is sent back to the Court below for writing out a proper order in accordance with law.
Send down the lower Court's record at once.
Ed.
This Case is also Reported in: 15 MLR (HCD) (2010) 242.
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Category: Civil Law | Date: | Hits: 74
Dr. Jadu Das Gupta alias J.D. Gupta Vs. State, 2009, 38 CLC (HCD)
....rim lodged FIR with Taknaf Police Station alleging that the accused No.1 Bimol Das Gupta @ Chili Gupta having previous acquaintance with him, asked for loan of Tk. 1,50,00,000/-, and the informant on good faith and bona fide belief paid the money on condition that it will be returned within three mo...... and in the light of our observation made out in the body of the judgment. Send a copy of the judgment to the court below at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 454. ...... and in the light of our observation made out in the body of the judgment. Send a copy of the judgment to the court below at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 454. ..Category: Criminal Law | Date: | Hits: 62
Mst. Rahima Khatun and another Vs. Sree Monoranjon Saha and others, 2006, 35 CLC (HCD)
....e impugned judgment dated12.04.1990 (decree signed on 18.04.1990) is hereby affirmed. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 334. ......h other lands originally belonged to Jadunath Saha, who before C. S. operation died leaving behind his only daughter Panchamoni Dasi, who inherited the suit land and in due course of law her name was recorded in C.S. Khatian and also in SA Khatian. The aforesaid Jadunath Sahahad another brother name......e impugned judgment dated12.04.1990 (decree signed on 18.04.1990) is hereby affirmed. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 334. ..Category: Property Law | Date: | Hits: 57
Millan Miah and another Vs. State, 2012, 41 CLC (AD)
....ived at. We find no reason to interfere with the impugned decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 797. ......r treatment and the injured Shahidul died in the Hospital during treatment. Thereafter, Md. Ranga Miah, the informant, filed ejahar. One Krishna Kumar, Sub-Inspector of Mithapukur Police Station recorded the ejahar and Md. Ibrahim, Sub-Inspector started investigation in the case. 4. On recei......ived at. We find no reason to interfere with the impugned decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 797. ..Category: Criminal Law | Date: | Hits: 60
Chairman, Rajdhani Unnayan Kartipakha Vs. Ramjan Ali and others, 2006, 35 CLC (HCD)
....h the observations made in the body of the judgment. Send down the Lower Court Records at once along with a copy of the Judgment. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 41. .......2000 after disposal of the original suit RAJUK evicted the plaintiffs and other unauthorized occupants and took possession of the suit land. 4. The trial court on consideration of the evidence on record dismissed the suit with the observation that the document of delivery of possession (ext-ka) ......h the observations made in the body of the judgment. Send down the Lower Court Records at once along with a copy of the Judgment. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 41. ..Category: Property Law | Date: | Hits: 56
Momin Miah & others Vs. Md. Shafiullah Patwari and others, 2007, 36 CLC (HCD)
....umstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down to Courts concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 86. ......nbsp; Mohammad Abul Kashem Bhuiyan for AB Roy Chowdhury, Advocate - For Opposite Party No.1. Civil Revision No.5369 of 2000. Judgment AK Badrul Huq J.- Feeling aggrieved by decision recorded by learned Appellate Judge in Title Appeal No.183 of 1997 by which adjudication rendered by......arty. Predecessor of petitioners obtained ex parte order through fraudulent suppression of summons upon plaintiff-opposite party. Plaintiff-opposite party had been abroad during the period of alleged service of summons. Plaintiff-First opposite party was not at all aware of pre-emption proceeding ag..Category: Property Law | Date: | Hits: 64
Nawabgonj Central Co-operative Bank Ltd. Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....re unable to accept the submissions advanced by the learned Counsel for the petitioner, however the submissions advanced by learned Counsels for the respondents Nos.2-3 prevail and appear to have a good deal of force. 17. In the facts and circumstances of the case and foregoing narrative, we ar......dvanced by the learned Counsels, we have gone through the writ petition, as well as the circular No.6 of 1991 dated 16-6-1991 (Annexure-C), Circular dated 7-4-1994 (Annexure-F) and other materials on record and given our anxious consideration to their submissions. 12. Admittedly, the petitioner d......down the record of Money Execution Case No.4 of 1998 to the concerned Court at once, and the same will proceed in accordance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 46. ..Category: Civil Law | Date: | Hits: 70
Advocate Manzill Murshid and others Vs. Bangladesh, 2011, 40 CLC (HCD)
....e rest of the world goes on; and that will be bad for both” (Packer Vs. Packer 1954). 45. Lord Mackay, a former Lord Chancellor of the UK, in delivering Hamilyn Lectures in 1993, observed that a good sound Judgment is based on knowledge of law, a willingness to study all sides of an argument wi......urts reviewing Jurisdiction in the countries with written constitution, and describing judicial review as the “soul of the judiciary in a written constitution” (Page VIII), Mustafa Kamal J put on record his following assertion; “The doctrine of legislative supremacy in the United Kingdom is no......mendation by the Parliamentary Sub-Committee on Law Justice Parliamentary Sub-Committee was published, without delay. Gobinda Chandra Tagore J. - I agree. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 413
....clared to have been passed without lawful authority and is of no legal effect.
Communicate a copy of the judgment.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
...... predecessors or any of them did not sell any land to any other person. As the D. P. khatians were wrongly prepared including their land in the names of respondents, they prayed for correction of the record by filing Appeal Nos.6281-6284 of 2010 under rule 31 of the Tenancy Rules, which were ultimat......clared to have been passed without lawful authority and is of no legal effect.
Communicate a copy of the judgment.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
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Category: Property Law | Date: | Hits: 65
Sonali Bank and another Vs. Chandon Kumar Nandi, 1994, 23 CLC (HCD)
.... Judgment and decree passed by the learned District Judge are hereby set aside and those of the learned Assistant Judge are restored. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 330. ......at his suit was not maintainable, the civil Court having no jurisdiction to entertain his suit. 14. Mr. Amir Hossain, the learned Advocate for the plaintiff‑opposite party, submits that the case recorded in 41 DLR 94 is relating to an employee of Janata Bank and the case reported in 44 DLR (AD)......tituted Title Suit No.43 of 1983 in the Court of Munsif (Assistant Judge), Sadar, Comilla against the defendant‑petitioner No.1 Sonali Bank and another for a declaration that the termination of his service by the defendant Bank vide memo No.PO Com. EST (PF)/9336 dated 19‑9‑81 issued by the the..Category: Labour and Industrial Law | Date: | Hits: 137
....evance for non‑supply of the same. But he having not prayed for such copy cannot make a grievance for non‑supply of the same.
4. It appears that petitioner was charged with misappropriation of goods of the Corporation, insubordination, negligence of duty and unauthorised absence. He filed a r......e J.- In this Rule at instance of the petitioner Abdul Haque Sikder order dated 1‑2‑84 (Annexure‑'O') dismissing the petitioner from service is under challenge.
2. After placing materials on record learned Advocate for the petitioner submitted that Enquiry Officer was a biased person and as......rit Petition No.1791 of 1990.
Judgment
Kazi Ebadul Hoque J.- In this Rule at instance of the petitioner Abdul Haque Sikder order dated 1‑2‑84 (Annexure‑'O') dismissing the petitioner from service is under challenge.
2. After placing materials on record learned Advocate for the petitio..
Category: Labour and Industrial Law | Date: | Hits: 228
Md. Golam Mostafa Vs. State, 2010, 39 CLC (HCD)
....e of Tk. 6,00,000/- (Six) lacs as cash credit (Hypo) and Tk. 50,00,000/-(fifty lacs) as cash credit (pledge) for running his business of selling and purchasing fertilizer; that the accused kept those goods in different pledged godowns; that on 14.11.1999 the Bank authority inspected the godowns and ......he Penal Code by an order dated 10.10.2004. During trial, prosecution has examined 10 witnesses. In the course of trial, on 15.01.2007, the accused petitioner filed a petition with prayer to call the records from the Bank in connection with the pledged goods, stock register and inventory reports etc......is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 337. ..Category: Criminal Law | Date: | Hits: 97
Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
....n passed in writ petition No.10946 of 2006 he deposited Tk. 11,8,498/- as 1st installment in favour of the bank. It has been also stated in the supplementary affidavit that for the sake of continuous good relationship between the petitioners and the bank, the petitioners have withdrawn the said writ......ttlement of the loan liabilities of the petitioners and the petitioners having unconditionally accepted the said offer thereafter refusal of the respondent No.3 to give consent on the application for recording compromise decree and sending the name of the petitioners for inclusion in the CIB Report ......is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3.12.2000 is hereby vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 434. ..Category: Civil Law | Date: | Hits: 112
Hachina Begum and others Vs. Abdul Mannan and others, 2010, 39 CLC (HCD)
....arisal in Title Suit No.23 of 1978 is set-aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 628. ...... others………………………………….Respondents Judgment August 2, 5, 8, 2010. Result: The appeal is allowed. The limitation will start not from the date of publication of record of right, so long any dispute as to title and possession is not raised . . . the wrong record.......21.At the time of taking settlement of the suit land Abdul Kader Mia was a -seasonal hut collector of khashmohal; that Abdul Kader Mia died leaving behind the plaintiffs as his heirs while he was in service; that Abdul Kader Mia in connection with his service posted different station in which he as..Category: Property Law | Date: | Hits: 146
Most. Shiuli alias Babi Vs. State, 2006, 35 CLC (HCD)
....zure list witnesses. Seizure list witness Manik deposed that he did not see the alleged Phensidyle. To sustain a conviction for the offence of smuggling it has to be fully established that the seized goods are contraband goods and were illegally brought into Bangladesh without payment of the customs......les of Phensidyle were recovered from her bathroom by the raiding party which was proved and supported by the prosecution witnesses and thus the appeal must fail. 8. I have perused the evidence on record, scrutinized the facts and circumstances of the case and heard the learned Advocate appearing......s discharged from her bail bond. 17. Send down the lower court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 29. ..Category: Criminal Law | Date: | Hits: 95
M/s. Sonali Agency Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (HCD)
.... to have been made without any lawful authority and as such, is of no legal effect and accordingly, quashed. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 313. ......ssment made under the Ordinance. 12. Section 120 clearly provides, amongst other, that the Inspecting Joint Commissioner of Taxes may call for from the Deputy Commissioner of Taxes and examine the record of any proceeding under this Ordinance and if he considers that any order passed therein by t...... to have been made without any lawful authority and as such, is of no legal effect and accordingly, quashed. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 313. ..Category: Fiscal/Taxation Law | Date: | Hits: 94
Md. Hafizur Rahman and others Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
....cipality or union every when and then except in due process of law. Thus the Rule is disposed of with the above observations. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ......rding to the recommendation of Deputy Commissioner, Brahmanbaria as contained in Memo No.Stha: Sha: 6 (Gathan) 10/09-51 dated 3.2.2010 (annex J-2 to the application). The said application was kept in record and taken up for hearing along with the writ petition. 9. Mr. Md. Zakaria Sarker, learned ......cipality or union every when and then except in due process of law. Thus the Rule is disposed of with the above observations. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 131
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