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Johura Khatun and others Vs. Sajed Ali Khan and others, 2009, 38 CLC (HCD)
.... possible not later than 6 (six) months from the date of received of the Judgment without fail. Communicate this Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 353. ......isions as referred by the learned Advocate for the petitioner lend support to above contention. 21. Considering the facts and circumstances, provisions of law, decisions as referred to I am of the view that the revisional Court by the impugned Judgment and Order committed an error of an important..Category: Procedural Law | Date: | Hits: 94
Chittagong Dry Dock Ltd. Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....ervations made in the body of the Judgment. The Registrar is to take steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 412. ......he other hand, contends that under section 37 of the Ordinance, income within the same year may only be set off with other income of the assessee of the said assessment year. He next contends that in view of the provision of section 38 read with paragraph 9(2) of the 3rd schedule of the Ordinance, a..Category: Fiscal/Taxation Law | Date: | Hits: 107
Nazrul Islam (Md.) Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....er's property is declared to have been made without any lawful authority and is of no legal effect. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 39. ......tion proceedings becomes liable to be declared as illegal. He submits that the respondents failed to make payment of compensation of the said property within the statutory period of one year, so, in view of the provisions laid down in section 12 of the Ordinance, the proceedings is liable to be a..Category: Property Law | Date: | Hits: 62
Rajdhani Unnayan Kartipakha (RAJUK) Vs. Eunus Ali & others, 2012, 41 CLC (AD)
.... dismissed the same on 24-11-2009. Even then the High Court Division held that the suit land was not the acquired land in LA Case No.02 of 1987-88 but is situated outside that LA Case. Such a glaring erroneous finding contrary to admitted fact cannot sustain in law. 15. As soon as LA Case has bee......plication for addition of party, the plaintiffs stated in no uncertain terms that RAJUK initiated LA Case No.02 of 1987-88 for acquiring the suit land along with other lands and that with this end in view, RAJUK had been conducting survey. 14. Admittedly, against a notice dated 30-4-2007 issued b..Category: Property Law | Date: | Hits: 104
Md. Liton Bhuiyan @ Md. Liton Mia Vs. State, 2008, 37 CLC (HCD)
..... In the result, the Rule is discharged. Order of stay granted by this Court stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 323. ......aunds of cannabis has been recovered from him in presence of the witnesses on the basis of a seizure list by the Informant and the member of the force accompanying him, the accused-petitioner, with a view to delay the proceeding and, also, in order to avoid legal punishment, has filed this petition ..Category: Criminal Law | Date: | Hits: 90
Rashida Mahabub Vs. IFIC Bank & others, 2007, 36 CLC (HCD)
....ith the execution case in accordance with law. The order of stay stands vacated. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 78. ......nd 57 of the Ain, and so, the present application under Article 102 of the Constitution is not maintainable; that the petitioner must furnish security to the extent of 25% of the decretal amount in view of the provision of section 32(2) of the Ain for maintainability of the application under the..Category: Civil Law | Date: | Hits: 136
Haji Mohammad Salim Ullah Vs. State and another, 2009, 38 CLC (HCD)
....nal Procedure. The Rule thus fails. In the result, the rule is discharged. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 416. ......e evidence on record that the opposite party No.2 Arshadul Shafi complying the provision of law filed this case under section 138 of the Negotiable Instrument Act. 12. We find support of the above view in the case of Nur Hossain (Md) Vs. State reported in 7 BLC 241. 13. The facts and circumsta..Category: Criminal Law | Date: | Hits: 107
....However, the petitioner will be at liberty to give reply under section 55 of VAT Act as per notice dated 15th July, 2007(Annexure-B).
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 388.
......ned Assistant Attorney General and considered their submissions. We have found considerable force and substance in the submissions pressed into service by the petitioner as already stated above. This view also finds support in the decision as cited above. From the impugned order it is found that the..
Category: Fiscal/Taxation Law | Date: | Hits: 107
Saleha Khatoon @ Saleha Begum Vs. Abdur Rahman Kha, 2009, 38 CLC (HCD)
....ntained. The order of injunction at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 486. ......ssion thereof. No suit under this section shall be brought against the Government. No appeal shall lie from any order or decree passed in any suit instituted under this section, nor shall any review of any such order or decree be allowed." 13. Thus a close reading of the said provision of s..Category: Civil Law | Date: | Hits: 114
Sharmin Akhter Vs. Major (Rtd.) Mahbub Akbar Bhuyian, 2012, 41 CLC (HCD)
....e the operative portion of the impugned order will remain unchanged and will take effect from the next date of hearing of the appeal, if it is still pending. Ed. This Case is also Reported in: ......visa and takes the minor abroad in any manner, then the petitioner will be deprived from resisting the opposite party’s claim for custody of her son. 9. Under the above circumstances I am of the view that justice will be met if the opposite party is restrained from taking the minor abroad until..Category: Family Law | Date: | Hits: 117
Nirmal Chandra Halder Vs. Hasina Begum and others, 2012, 41 CLC (HCD)
....rt considers that further evidence is required to be adduced, it is at liberty to give the parties such opportunity. Send down the lower Court’s records. Ed. This Case is also Reported in: ......’ of the plaint, both the learned Advocates have agreed that the Courts below ought to have framed an issue to that effect and decided the same. 12. Under the facts and circumstances I am of the view that the Courts below committed error of law in deciding the suit and appeal without framing is..Category: Civil Law | Date: | Hits: 73
Md. Khalilur Rahman Vs. Md. Alam Bepari & others, 2007, 36 CLC (HCD)
....rgent reasons. The office is directed to send a copy of this order to the Tribunal positively within a period of 30 days from date. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 36. ......ctual foundation for recounting of the ballot papers. The Election Appellate Tribunal appears to have applied his mind in the facts and circumstances of the case and the evidence on record keeping in view that there was a difference of only one vote between the petitioner and the opposite party No..Category: Election Law | Date: | Hits: 509
Abdul Matin Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (HCD)
....act and circumstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 30. ......essing into service contention that suit tank is a fishery and it was liable to be acquired by Government and Government legally acquired suit tank. j. Learned Munsif dismissed suit adopting the view that suit tank was a fishery and it was liable to be acquired under section 3 of The State Acqu..Category: Property Law | Date: | Hits: 69
Md. Raushan Alam Vs. Mst. Zahura Khatun, 2012, 41 CLC (HCD)
....e interim order of stay granted earlier is vacated. The trial Court is directed to dispose of the suit expeditiously. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......h the name of learned Advocate for the petitioner. Today it is called on for hearing, but no one appears. It is an old matter pending for nearly 17 years and proceedings of a suit has been stayed, in view of which the matter is taken up for disposal even in absence of the parties. 3. Facts releva..Category: Procedural Law | Date: | Hits: 105
....nd the publication of the newspaper the daily Ittefaq the parties in litigation may act in pursuance to resolution dated 30‑9‑90.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 597.
......ution of the Board of Directors of the company dated 30‑9‑1990 relating to the operation of the company Accounts held with Arab Bangladesh Bank Limited is hereby cancelled.
2. Resolved that in view of the resolution No.1 above, the operation of the company’s bank Accounts including borrowin..
Category: Company Law | Date: | Hits: 127
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....া কোনো বাংলাদেশি মানুষের পক্ষেই সম্ভব না।” Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ...... Bangladesh Italian Marble Works Ltd-V-Government of Bangladesh, best known as the 5th Amendment Case, reported in the Special Issue of Bangladesh Law Times 2006. 16. A leave petition filed with a view to challenge the said Judgment of this Division, was turned down by the Appellate Division, tho..Category: Criminal Law | Date: | Hits: 154
Amarbati Natya Mandir Vs. State, 2009, 38 CLC (HCD)
....n for leave to proceed with the suit after amendment of the plaint is allowed. The order of abatement of the suit is also set aside. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 217. ......enough to say here that according to Pratistha Mayukha the Sankalpa in case of establishment of an idol is of two kinds; one is for accomplishment of a particular object which the founder may have in view; the other is simply for the love of God. It is pointed out by Mandalik that according to Prati..Category: Civil Law | Date: | Hits: 104
Agrani Bank Vs. Orbit Enterprise Ltd and another, 2009, 38 CLC (HCD)
....it at the rate of 15% per annum till realization. Send down the LC record at once. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 710. ......question is, whether this discretionary power of the Court is an unfettered one has to be construed in the light of the facts and circumstances of a particular case. Certainly this discretion, in our view, is to be exercised judiciously and not capriciously. 13. This view of ours finds support in..Category: Civil Law | Date: | Hits: 95
Md. Abdul Jabbar Sarker Vs. State and another, 2011, 40 CLC (HCD)
....Rule. In the result, the Rule is discharged. Office is directed to send down the lower Court record with copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 103. ...... meanings, unless a different intention appears from the subject or context: (a).......... (g).......... (h) "Complaint" means the allegation made orally or in writing to a Magistrate with a view to his taking action under this Code, that some persons whether known or unknown, has committed..Category: Procedural Law | Date: | Hits: 92
Abdul Motaleb and others Vs. Customs, Excise and VAT Appellate Tribunal, 2011, 40 CLC (HCD)
....tice dated 14-2-2008 (Annexure-C) is also declared to have been passed and issued without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 100. ...... go for an action under section 37 of the VAT Act, which is a penal provision. Liability has to be fixed first under section 55 of the Act nothing more nothing less. (underlined by me) 15. In that view of the matter this Rule succeeds. 16. In the result, the Rule is made absolute. The Judgme..Category: Fiscal/Taxation Law | Date: | Hits: 135
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