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Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)
....hereon at plot No.N(W)H, Block-6, 159 Gulshan Avenue, Gulshan-2, Dhaka (hereinafter called "the said property") originally belonged to one Mrs. Inge Flatz (an Austrian Lady) by virtue of a lease deed dated 14-9-1965 executed by the then Dhaka Improvement Trust (DIT) in her favour for 99 years. After...... Court Division in First Appeal No.585 of 2001 within 30 days from receipt of the copy of this judgment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ..Category: Property Law | Date: | Hits: 127
SM Kamaluddin Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
.... of section 19 of the Ordinance, which he deemed to be income from other sources. 14. It also appears from the record as stated hereinabove that the Deputy Commissioner of Taxes recorded his order dated 25-5-97 amongst other that contents of the report were read out to authorized representative o...... questions in the negative and against the revenue department and in favour of the assessee. The parties shall bear their own cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 191. ..Category: Fiscal/Taxation Law | Date: | Hits: 151
Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
....he instance of the defendant No.6 on the following terms: "Let the records be called for and a Rule issue calling upon the opposite party No.1 show cause as to why the impugned judgment and decree dated 14-3-1996 and 19-3-1996 respectively passed by Additional District Judge, Magura in Title Appe......nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ..Category: Property Law | Date: | Hits: 123
Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
.... Wazed alias Sheikh Hasina, former Prime Minister of Bangladesh calling upon the opposite party to show cause as to why the proceeding of Special Case No.1 of 2008 arising out of Tejgaon PS Case No.2 dated 2-9-2007 corresponding to ACC General Registered Case No.89 of 2007 and Metropolitan Special C......o.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka be quashed so far as it relates to the accused petitioner. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 162. ..Category: Criminal Law | Date: | Hits: 156
....ks and to take necessary legal actions against those people who were engaged in digging activities at Mahasthangar. The above mentioned incident no. 1 was stopped immediately and has remained so till date. The incident no. 2 was also stopped by the respondent no. 3 without delay and has remained sto......erve the notice at the cost of office.
We felt that the prayer is a cogent one and hence, resolved to accede to the same.
Jahangir Hossain J. - I agree.
Ed.
This Case is also Reported in:
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Category: Property Law | Date: | Hits: 159
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
.... the amendment to the Constitution in question incorporating the concept of the non‑party caretaker government is not destructive of the concept of the democratic government, rather it helps consolidate and institutionalise the democracy in Bangladesh. Concept of a neutral caretaker government as ......e 142(1A) clearly says that for amendment of the Preamble or Articles 8, 48 or 56 of the Constitution a referendum is required. Neither the long title nor the amendment itself shows that there is any breach of the provision of article 142 as a whole. Previously, Article 142(1A) contained that in the..Category: Constitutional Law | Date: | Hits: 215
Overseas Garments Industries (Pvt.) Ltd. Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....hy section 12 of the Artha Rin Adalat Ain, 2003 (Act No. VIII of 2003) should not be declared ultra vires of the Constitution and why the notice for sale in auction published in the daily Prothom Alo dated 25‑3‑2004 in respect of the petitioner's mortgaged property should not be declared to have......bstance in the Rule. Accordingly, the Rule is discharged without any order as to cost. Status‑quo granted by this Court stand vacated. Ed. This Case is also Reported in: 57 DLR (2005) 168. ..Category: Civil Law | Date: | Hits: 129
State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)
.... for confirmation of the sentence of death by hanging by the neck imposed upon the condemned‑prisoner Innocent N Egbunine under section 19(1)(4) of the Narcotics Control Act, 1990 on his conviction dated 19‑9‑1991 for the offence under section 9 thereof passed in Sessions Case No. 243 of 1990....... 34. Now coming to the sentence as has been submitted by the learned Counsel for the condemned-prisoner, let us consider relevant provision of section 19 which reads as under- “19. Penalty for breach of provision of section 9.- (1) If any person violates any provision of section 9 relating..Category: Criminal Law | Date: | Hits: 164
Shahidullah Patwary Vs. State, 1983, 12 CLC (AD)
....ndent No.1 (State). Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record - For the Respondent No. 2. Criminal Appeal No.18 of 1982. (From the judgment and order dated 28-5-82 passed by the High Court Division in Criminal Revision No.38 of 1981) Judgment S......81) Judgment Shahabnddin Ahmed J.- The question involved in this appeal is whether a person who executed a bond for production of a property before Court is liable to prosecution for criminal breach of trust in the case of his failure to produce the property when called for, in addition to o..Category: Criminal Law | Date: | Hits: 111
Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Corporation Ltd., 1982, 11 CLC (AD)
....rd - For the Appellant. Faqueer Shahabuddin Ahmed, Sr. Advocate, instructed by Abu Backkar, Advocate-on-Record - For the Respondent. Civil Appeal No. 81 of 1982. From the judgment and order dated April 2, 1982 passed by the High Court Division in Reference Case No.1 of 1981. Judgment ...... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ..Category: Fiscal/Taxation Law | Date: | Hits: 269
Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)
....ppellant. B.C. Panday, Advocate-on-Record, Supreme Court (absent) - For the Respondent No.1. Ex-parte - Respondent Nos. 2 and 3. Civil Appeal No. 50 of 1982. (From the Judgment and order dated October 27, 1981 passed by the High Court Division in F.M.A. No. 471 of 1976) Judgment S......ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ..Category: Property Law | Date: | Hits: 77
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
....িচালক (টাষ্ক ফোর্স-৩) দুর্নীতি দমন কমিশন। The above reproduced purported order was based on a First Information Report (FIR), dated 27th March 2002, invoking sections 409, 418, 201, 217, 218, 109 of the Penal Code, and Section......Petitioner. In his concluding submission, Mr. Haque put it on board that as many as 3 FIRs were filed relying on one in single event, which is not permissible by Article 35 of our Constitution, as it breaches the doctrine against double jeopardy. 18. Mr. A.K.M. Fazlul Haque, appearing for the Com..Category: Criminal Law | Date: | Hits: 133
....kar, Advocate-on-Record-For the Respondent Nos. 1-3 (In Civil Appeal No. 37 of 1976).
Ex-parte-For the Respondent Nos. 4-8.
Civil Appeal Nos. 36 and 37 of 1976.
(From the Judgment and Order dated May 6, 1976 passed by the High Court Division in petition No.134 of 1976 in both cases)
Jud......Normand were "that neither a Minister nor any subordinate Officer of the Crown can by any conduct or representation bar the Crown from enforcing a Statutory prohibition or from 'prosecuting for its breach".
43. Mr. T.H. Khan, Counsel for respondent, referred to the cases of, Wells and others ..
Category: Others | Date: | Hits: 154
Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)
....r Ghosal, (1897) ILR 24 Cal. 720; Seoti Bibi Vs. Jagonnath Prasad, (1920) IC 593; Benoy Krishna Das Vs. Salsiccioni, (1932) 37 CWN PC 1. Civil Appeal No. 55 of 1982. From the Judgment and Order dated 9.3.82 passed by the High Court Division in Civil Revision No. 46 of 1981. Lawyers Involved......uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ..Category: Property Law | Date: | Hits: 103
M/s. Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and others, 2003, 32 CLC (AD)
....te, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.1. Not represented- Respondent Nos.2-6. Civil Petition for Leave to Appeal No.1205 of 2003. (From the judgment and order dated 27th July, 2003 passed by the High Court Division in F.M.A. No.234 of 2003). Judgment ......s we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: | Hits: 208
Babar Ali Prodhan Vs. Kinu Mia and others, 1979, 8 CLC (AD)
....udul Islam, Advocate, instructed by Syed Sakhawat Ali, Advocated-on-Record - For the Respondent No.1. Respondents 2-11 - Ex-parte. Civil Appeal No. 103 of 1978. (From the Judgment and Order dated 28.4.77 passed by the High Court in Civil Revision Case No.29 of 1972) Judgment Kemaludd......al is allowed without any order as to costs. The judgment of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 323...Category: Property Law | Date: | Hits: 60
Nuvista Pharma Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....ction 55 of Value Added Tax Act 1991 Annexure Nos. B1, C1, C2, C3 and C4 in the writ petition and Annexure Nos. I, J and K of the supplementary affidavit and their subsequent demand by their letter dated 23 April, 2007 (Annexure-E1) of an open ended unconditional and continuous bank guarantee and ......ustoms, Excise and VAT North Commissionerate House, Dhaka will be at liberty to encash the bank guarantee. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 132. ..Category: Fiscal/Taxation Law | Date: | Hits: 181
Golam Mowla Vs. Abdul Hashem, 2009, 38 CLC (HCD)
....f Golam Mowla defendant of the suit on the following terms: "Let the records be called for and a Rule be issued calling upon the opposite party No.1 to show cause as to why the judgment and decree dated 20-11-2002 passed by the Additional District Judge, 1st Court, Noakhali in Title Appeal No. 15......judgment and decree of trial Court are restored and thereby, the suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 85. ..Category: Property Law | Date: | Hits: 88
Abdur Rahman Vs. Md. Abdul Awal and others, 2009, 38 CLC (HCD)
.... Md. Delwar Hossain J. - This Rule was issued on an application under section 561A of the Code of Criminal Procedure calling upon the opposite parties to show cause as to why the judgment and order dated 26-10-2005 passed by the learned Additional Metropolitan Sessions Judge, Court No. 5, Chittago......lleging that he was the owner in possession of the case land (as described in the petition of complaint). As the second party was trying to dispossess him from the case land there was apprehension of breach of peace. It was further stated the first party obtained loan from Public Bank Ltd, Tetibazar..Category: Criminal Law | Date: | Hits: 122
Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)
....lant. Sultan Hossain Khan, Deputy Attorney General, instructed by S.S. Huda, Advocate-on- Record-For the Respondent. Criminal Appeal No.3 of 1977. (In appeal from the judgment and order dated the 24th September, 1974 passed by the High Court Division in Criminal Revision No.1641 of 197......e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112...Category: Criminal Law | Date: | Hits: 76
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