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Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
....30); Associated Provincial Picture Houses Ltd. Vs. Wednesbury Corporation (1948 1K B 223); Education Secretary Vs. Tameside Council (1977 Ac 1014); Lazarus Estates Ltd. Vs. Beaseley 1956 1QB 702; Jaichand Vs. West Bengal (AIR 1967 SC 483); Shearer Vs. Shield 1914 AC 808). Lawyers Involved: Abd......rder as to cost. All interlocutory orders, issued earlier, are hereby vacated. Mohammad Anwarul Haque J.- I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 386. ..Category: Constitutional Law | Date: | Hits: 231
Rowshan Ali (Md.) Vs. State, 2000, 29 CLC (HCD)
.... rice by the accused appellant, the accused appellant is entitled to acquittal on benefit of doubt. 9. Mr. FKMA Mahbub, the learned Assistant Attorney-General appearing for the State, on the other hand, submits that the prosecution has proved the guilt of the accused appellant by most consistent ......his bail bonds immediately to serve out the remaining portion of sentence imposed upon him. Send down the lower Court records immediately. Ed. This case is also Reported in: 52 DLR (2000) 510...Category: Criminal Law | Date: | Hits: 88
Begum Tahmina Vs. Government of Bangladesh, 2000, 29 CLC (HCD)
....d wealth and resources disproportionate to her known sources of income. In the absence of any such positive and definite materials above allegation will be obviously vague and ambiguous. On the other hand the petitioner filed Annexure X-X(1) (Annexure D-D(1) i.e. her Income Tax return and wealth ass......-2/5231 dated 27-3-94 (Annexure-A) to the writ petition is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 503. ..Category: Criminal Law | Date: | Hits: 78
Wahida Begum Vs. Tajul Islam, 2000, 29 CLC (HCD)
....; Sunder Kuer Vs. Udey Ram, AIR 1944 Allahabad 42; Ambabai Vs. HR Dani, AIR 1948 Nagpur 367; Bhagwan Vs. Ujagar, AIR 1928 PC 20; Sunder Kuer Vs. Udey Ram, AIR 1944 Allahabad 42; Nainsukhdas Vs. Gowardhandas, AIR 1968 (Nagpur). Lawyers Involved: SN Goswami Advocate—For the Petitioner. Abu ......e sent down at once. Consequently, the order of this Court directing the parties to maintain status quo granted earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 491...Category: Property Law | Date: | Hits: 113
Saleha Khatun and others Vs. Fetema Hajura and others, 2000, 29 CLC (HCD)
....posite parties as plaintiff instituted a suit for declaration of title in the suit land mentioned in the plaint being CC Suit No.402 of 1982 in the Court of Subordinate Judge, Rajshahi against late, Khandaker Mafizuddin predecessor-in-interest of the petitioner as sole defendant. 3. The case of t......r of stay of further proceeding of OC suit No.402 of 1982/69 of 1990 granted by this Court at the time of issuing the Rule is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 457...Category: Property Law | Date: | Hits: 71
Atiqur Rahman (Md.) Vs. Ainunnahar, 1999, 28 CLC (HCD)
....ed under the Ordinance to appear before a Family Court otherwise than as a witness is a pardahnashin lady, the Family Court may permit her to be represented by a duly authorised agent. In the case in hand the defendant-petitioner is the husband of the plaintiff-opposite-party and he is male and not ......en absolutely without any merit, the same must be discharged. Resultantly, the Rule is discharged. Order of stay stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (2000) 453...Category: Procedural Law | Date: | Hits: 67
Abdul Awal (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
.... contention relies on the decisions reported in 29 ITR 30, 51 ITR (SC) 557 and 145 ITR 225. 5. Mr. Dabiruddin Ahmed, the learned Deputy Attorney-General, appearing for the department, on the other hand, submits that for the assessee applicant it was obligatory on his part to file the return for t......the Appellate Division and hence we allow the prayer and accordingly grant certificate for preferring appeal before the Appellate Division. Ed. This Case is also Reported in: 52 DLR (2000) 442. ..Category: Fiscal/Taxation Law | Date: | Hits: 96
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Aziz Pipes Limited, 2003, 32 CLC (AD)
....ted in the less developed areas and al the same time 100% export oriented. Next, he has argued that the office order of BSRS dated 19.9.82 is applicable only to future borrowers. 15. On the other hand, Mr. Aktar Imam has submitted that the plaintiff is entitled to get the benefit of paying inter......ll realization of the decreetal amount if it is not paid within a period of 90 days from date. The parties are to bear their own costs. Ed. This Case is also Reported in: II ADC (2005) 221. ..Category: Civil Law | Date: | Hits: 126
State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)
....edure has been ousted by the provision of Rule 19(Gha) of the Emergency Power Rules and by impugned judgment the High Court Division has decided the academic question without reference to the case in hand and declaring a general proposition divorced and detached from any particular case before the H......rected to take steps for disposal of the application in the light of our findings as above. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 82; 28 BLD (AD) (2008) 138; V ADC (2008) 796. ..Category: Criminal Law | Date: | Hits: 100
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
....ction Commission and others, 1996 BLD (AD) 204 = 48 DLR (AD) 208; Vikram Anand Vs. Rakesh Singha AIR 1995 (HP) 130; Vickers, Sons & Maxim Limited Vs. Evans (1910) Ac 444; Khagendranath Vs. Umesh Chandra Nath, 53 DLR (2 AIR 1958 Assam 183; Pakala Narayana Swamk Vs. Emperor, AIR 1939 (PC) 47; Nur ...... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261...Category: Constitutional Law | Date: | Hits: 202
Abu Sayed Vs. State, 2001, 30 CLC (HCD)
.... and three daughters in the North-bhiti hut, the appellant the eldest son of her elder co-wife with one daughter and wife in the West-bhiti hut and her husband deceased Azitullah with her eldest son Chand Ali on the cot and Zayeeb, another son of her co-wife, cowboy of the house M Akbar, Yeasin and ......he time the Sessions Judge at Pabna Send down the records of the case at once if he is not wanted in connection with any other case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 559. ..Category: Criminal Law | Date: | Hits: 41
Sultan Mia (Md.) Vs. Hazi Md. Yusuf, 2001, 30 CLC (HCD)
.... 3. The learned Subordinate Judge allowed the application filed by the third party opposite party and rejected the application filed by the decree-holder petitioner and directed the decree-holder to hand over possession of the schedule ‘Kha’ property in favour of third party opposite party. ......e of the matter expeditiously preferably within 3 months from the date of receipt of the order. Send down the lower Court records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 555. ..Category: Property Law | Date: | Hits: 82
Molla Mahjenul Islam Vs. State and others, 2001, 30 CLC (HCD)
....illegally vacated the order of injunction and thereby has committed an error of law which has occasioned failure of justice. 7. Mr. Abdul Quaiyum, the learned Deputy Attorney-General, on the other hand, submits that on a plain reading of the plaint, the relief claimed therein is barred under sect......rder as to costs. The status quo order passed by this Court earlier is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 552...Category: Property Law | Date: | Hits: 105
Anwar Hossain Vs. Election Commission of Bangladesh and others, 2001, 30 CLC (HCD)
....ossain ………..Petitioner Vs. Election Commission of Bangladesh and others……...Respondents. Judgment July 05, 2001. Case Referred To- Secretary, Parliament Secretariate Vs. Khandker Delwar Hossain, 1999 BLD (AD) 276 = 4 BLC (AD) 27. Lawyers Involved: Syed Ishtiaq Ahme......ny lawful authority. In the premises, the Rule is made absolute in view of the reasons stated above without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 546. ..Category: Constitutional Law | Date: | Hits: 196
Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)
....¦â€¦â€¦â€¦Appellant Vs. Md. Qayum Mollah & others……...Opposite Parties. Judgment August 14, 2001. Cases Referred To- 43 DLR (AD) 78; 43 DLR (AD) 125; AIR 1975 All 341; Ram Chand Appellant Vs. Rain Swamp Respondent AIR 1952 Allahabad 654; Jalaluddin Mia Vs. Md. Yunus 1982 B......s of the case, we direct the parties to bear their respective costs all through. Send down the lower Court’s Record immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 535. ..Category: Civil Law | Date: | Hits: 71
Shuinya @ Suruj Ali Vs. State, 2000, 29 CLC (HCD)
....n Vs. The Emperor IC 1927 page 935; Shahdin Vs. State PLD 1961 (Lahore) 704; State Vs. Amir Khan PLD 1963 (Peshawar) 54; Emperor Vs. Nga Lu Gale AIR 1928 (Rangoon) 49. Lawyers Involved: Subash Chandra Shaha, Advocate— For the Petitioner. Nikhilesh Dutta, Deputy Attorney-General — For th...... our above discussion, we find no reason to interfere with the impugned judgment and order. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 527. ..Category: Criminal Law | Date: | Hits: 40
Government of Bangladesh Vs. ASM Ferojuddin Bhuiyan, 2000, 29 CLC (HCD)
....7 1 Cal:90 CWN 449 and Robertson Vs. Minister of Pensions 1 KB 227 (LR) Kings Bench Division; Central London Property Trust Ltd. Vs. High Trees House Ltd. 1947 QB 30. Lawyers Involved: Bhivash Chandra Biswas, Assistant Attorney-General —For the Petitioners. Md. Nurul Huq with, AKM Shahidu......t Judge, Second Court, Dhaka in Title Appeal No.136 of 1997 are maintained. Lower Courts Record be sent as immediate as possible. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 522. ..Category: Property Law | Date: | Hits: 83
.... tender was highest still the respondents could not finalise the matter due to litigation’s but even after conclusion of the litigation’s, the respondents did neither complete the transaction nor hand over the physical possession of the property in favour of the petitioners in spite of complianc......ry, Ministry of Commerce, Government of Bangladesh, for taking necessary action in accordance with law against the delinquent officers.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 519...
Category: Others | Date: | Hits: 96
Bengal Ceramic Industries Ltd. Vs. Chairman, Petro Bangla & others, 1984, 13 CLC (HCD)
....unction coul4 not be granted to establish a new state of fact different from those existing on the date of institution of the suit. According to the trial Court, the plaintiff did not come with clean hands, and therefore, balance of convenience and inconvenience was not in favour of the plaintiff. ......ule [Civil Rule No.205 (FM) of 1984] which has been heard along with the appeal, is also made absolute without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 516. ..Category: Others | Date: | Hits: 132
Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)
....estrict the scope of the word to the four corners of what is stated in the clause and to deprive it of any other meaning that it may have in the English language. The word ‘include’, on the other hand, is used with a view to enlarging the meaning of the word, by also clothing it with the connota......27 of 1992, 28 of 1992, 29 of 1992, 30 of 1992, 32 of 1992, 31 of 1992, 34 of 1992, 35 of 1992. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 509. ..Category: Fiscal/Taxation Law | Date: | Hits: 86
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