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Annada Prosad Das Vs. DC, Khulna and others, 2001, 30 CLC (HCD)
....ppeal is allowed, the judgments and decrees of the Courts below are set aside and the suit is decreed in full. No order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 496.......up an authority to determine the question where, when and how citizenship of another country has been acquired and by R 30 the Central Government is designated as the authority which is invested with power to determine the question in such manner and having regard to such rules of evidence as may be......n) Present: Abu Sayeed Ahammed J Annada Prosad Das ……………………Appellant Vs. DC, Khulna and others………….Respondents. Judgment June 28, 2001. Cases Referred to- Mirza Shahab Ispahani Vs. Bangladesh, 40 DLR (AD) 116, Bangladesh Vs. Professor Golam Azam, ...... citizen of Bangladesh shall not merely by reason of being a citizen or acquiring citizenship of a state specified in or under clause (2), ceased to be a citizen Bangladesh. (2) The government may grant citizenship of Bangladesh to any person who is a citizen of any state of Europe or North Ameri..Category: Immigration and Citizenship Law | Date: | Hits: 190
Anindra Bhusan Ghose Vs. Bangladesh Government, 2001, 30 CLC (HCD)
....l. For the reasons and discussions made above, I find no merits in this appeal. In the result the appeal is dismissed. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 493.......l. For the reasons and discussions made above, I find no merits in this appeal. In the result the appeal is dismissed. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 493.......Case Referred To- Feroza Majid and another Vs. Jiban Bima Corporation, 39 DLR (AD) 76. Lawyers Involved: Sk Habibul Alam, Advocate—For the Appellant. Bivash Chandra Biswas, Assistant Attorney-General—For the Respondents. Second Appeal No.114 of 1978. Judgment Abu Sayeed Aha...... inadmissible under section 92 of the Evidence Act.” Section 91 of the Evidence Act is also very material in this respect which reads as follows: “91. When the terms of a contract, or of a grant or of any other disportion of property, have been reduced to the form of a document and in all..Category: Property Law | Date: | Hits: 85
....ainable.
For the reasons stated above, we do not find a substance in this Rule, which is discharged without any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 488.
......ional Commissioner, as the case may be, while exercising civil jurisdiction under the Chittagong Hill Tracts Regulation, 1900 does not become a Court subordinate to the High Court Division which is empowered to exercise revisional jurisdiction in respect of decisions of a Court subordinate to it.
......17 of 1995.
2. Bangladesh Forest Industries Development Corporation (BFIDC) appointed the opposite party Supervisor in the Timber Extraction Project, Kaptai on master roll basis. The Board of Directors, BFIDC, suspected huge financial irregularities during the period 1988 in Timber Extraction Pro......ainable.
For the reasons stated above, we do not find a substance in this Rule, which is discharged without any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 488.
..
Category: Civil Law | Date: | Hits: 89
Parul Bala @ Parul Rani Shah Mondol Vs. Suruj Miah and others, 2001, 30 CLC (HCD)
....)68 is disposed of accordingly, the judgments and decrees of, the Courts below are set aside. The suit is decreed in full. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 481.......)68 is disposed of accordingly, the judgments and decrees of, the Courts below are set aside. The suit is decreed in full. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 481.......judgment and decree dated 26-5-1964 passed by the Subordinate Judge, Additional Court, Noakhali in OC Suit No.45 of 1960 dismissing the suit which was filed for declaration of title of the plaintiffs to the suit property, on the basis of purchase on 26-2-1951 from the defendant No.2 and that the tit......e the sale of the property comprised in the order for sale on such terms and for such period as he thinks proper, to enable him to raise the amount. (2) In such case, the Certificate officer shall grant a certificate to the certificate debtor authorising him within a period to be mentioned therei..Category: Property Law | Date: | Hits: 83
Titas Gas Vs. Immense Washing Plant and others, 2001, 30 CLC (HCD)
....es of the Ministry of Law, Justice and Parliamentary Affairs, the Ministry of Power and Energy and the Chairman of the Law Commission. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 471. ......es of the Ministry of Law, Justice and Parliamentary Affairs, the Ministry of Power and Energy and the Chairman of the Law Commission. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 471. ......l Procedure against judgment and order dated 13-5-2001 passed by Additional District Judge, 2nd Court (In-Charge) at Dhaka in Miscellaneous Appeal No.147 of 2000 by which the defendants were directed to restore gas connection to the plant of the plaintiff by way of an ad-interim order of mandatory i...... the arrears on the defiance of the plaintiff to pay any bills for the gas consumed. He also submits that the suit as framed is not at all maintainable under section 42 of the Specific Relief Act and granting of mandatory injunction in such misconceived suit is totally arbitrary, illegal and without..Category: Civil Law | Date: | Hits: 151
Abdus Sukur (Md.) and others Vs. Bhasani Mandal and another, 2001, 30 CLC (HCD)
....gment and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452.......gment and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452.......esent: Md. Abdur Rashid J Abdus Sukur (Md.) and others……….…Petitioners Vs. Bhasani Mandal and another………..Opposite Parties. Judgment July 17, 2001. Cases Referred to- Haider Ali Vs. the State, 47 DLR (AD) 47, Moulavi Abdul Mannan Vs. Md. Rafiqul Islam, 46 DLR...... not be maintained.” 23. The suit was brought for declaration that decree passed in Title Suit No.69 of 1961 is fraudulent, void, collusive, inoperative and not binding upon the plaintiff. Leave granted to consider question whether the suit for declaration of title simpliciter could be maintain..Category: Property Law | Date: | Hits: 75
....ons stated here in above the Rule is liable to be discharged.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 426.
......ons stated here in above the Rule is liable to be discharged.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 426.
......QMH Md. Ayub Ali Vs. Bangladesh 47 DLR (AD) 71; Bangladesh Vs. Md. Abdul Jalil, 49 DLR (AD) 26.
Lawyers Involved:
SS Halder, Advocate—For the Petitioner.
Dr. Kazi Rezaul Hoque, Assistant-Attorney-General—For the Respondents.
Writ Petition No. 2512 of 1995.
Judgment
Syed Mahmud ......ons stated here in above the Rule is liable to be discharged.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 426.
..
Category: Property Law | Date: | Hits: 103
Abul Kashen (Md.) Vs. Chairman, RAJUK and others, 2000, 29 CLC (HCD)
....n already made under the order of this Court should not be disturbed in any way by the respondents. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 488. ......ing and technical aspect of the said construction issued impugned memo requesting the petitioner to contact the office of the respondent for correction or amendment of the plan already approved which power is very much there in order to carry out the object of the Building Construction Act and such ......ur Rahman, Advocates—For the Petitioner. Shah Khasruzzaman—For the Respondents. Writ Petition No. 3599 of 1998. Judgment Md. Awlad Ali J.- Rule was issued calling upon the respondents to show cause as to why the impugned notice Annexure-D dated 2-11-98 being Memo No. নঅঅ/রা...... to the property or any legal right or any fundamental right has not been infringed. In the above view, we do not find any merit in this Rule and accordingly, the Rule is discharged. Stay order granted by this Court stands vacated. The construction already made under the order of this Court..Category: Property Law | Date: | Hits: 114
....ered in the negative, and against the Revenue.
Accordingly, the reference is answered in the negative. There will be no order as to costs.
Ed.
This case is also Reported in: 52 DLR (2000) 484....... follow any method of accounting regularly, the income tax officer is competent to use his own judgment and compute the profit in such a manner and on such basis, as he deems proper by exercising his power under the proviso to section 13.
10. It is also well settled that the Income Tax Officer ca......
Sagorika and Co. (Pvt.) Ltd..……………………Applicant
Vs.
Commissioner of Taxes, Intelligence and Investigation Zone.... Respondent.
Judgment
August 23, 1999.
Cases referred to-
1975 BTD 221 (HC); 1977 BTD 18 and 163 (AD).
Lawyers Involved:
MA Noor, Advocate—For ......ered in the negative, and against the Revenue.
Accordingly, the reference is answered in the negative. There will be no order as to costs.
Ed.
This case is also Reported in: 52 DLR (2000) 484...
Category: Fiscal/Taxation Law | Date: | Hits: 101
A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....n view of our decision, the order issued earlier directing the parties to maintain status quo in respect of construction is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 461. ......ully vested in them and those rights cannot be taken away with such bureaucratic fiat. 34. KM Saifuddin Ahmed, the learned Counsel appearing on behalf of the respondents 2 to 4, submitted that the power to grant sanction includes the power to revoke or cancel the sanction. 35. He then submitte......ents. Judgment May 2, 2000. Cases Referred To- Abdus Sattar Vs. Bangladesh and others, 48 DLR (AD) 180; State of UP Vs. Maharaja Dharmander Prasad Singh, (1989) 2 SCC 505; Munnich Vs. Godstone RDC, (1996) 1 WLR 427, at p. 435. Lawers Involved: M Amir ul Islam with A Hasib, Tania A....... 3803 of 1999. Judgment Md. Abdur Rashid J.- This Rule Nisi was issued upon the respondents to show cause as to why the impugned order dated 24-06-99 canceling the sanction of the revised plan granted on 18-02-93 for construction of a 22-storied building, order dated 21-09-99 rejecting the ap..Category: Property Law | Date: | Hits: 125
Mrs. Aruna Sen Vs. Govt. of the People's Republic of Bangladesh and others, 1974, 3 CLC (HCD)
....this case involves substantial question as to the interpretation of the Constitution. Abdur Rahman Chowdhury, J.- I agree. Ed. This Case is also Reported in: 27 DLR (1975) HCD 122. ......n a particular manner. Chief Justice Goayer, who delivered the judgment of the Court, though posed the question whether the satisfaction of the detaining authority as referred to in the rule-making power contained in section 2 of the Defence of India Act should be subjective or objective did not a...... Rahman Chowdhury J Mrs. Aruna Sen……….....Petitioner. Vs. 1. Govt. of the People's Republic of Bangladesh through the Secretary, Ministry of Home Affairs, Dacca. 2. The Director, Rakkhi Bahini, Sher-e-Bangla Nagar, Dacca. 3. The Deputy Commissioner, Dacca. 4. Depu......as to the necessity of the impugned detention, the learned Deputy Attorney General prayed for time for filing a supplementary affidavit containing the required particulars and the said prayer was granted of Article 33 of the Constitution have been strictly complied with and that there are mater..Category: Constitutional Law | Date: | Hits: 291
.... of the review petitioners the same is set aside on review.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (2003) 289.
......awalpindi reported in PLD, 1970 SC 1 corresponding to 21 DLR (SC) 356 in support of his contention that the proceeding in the writ petition in the instant case being a civil proceeding this court has power under section 114(b) read with Order XLVII, rule 1 of the Code of Civil Procedure to review th......A Bari and others …………………....Petitioners
Vs.
Uttara Sarkari Officers Quarter Kallayan Samity and others ...............Respondents
Judgment
March 1, 2003.
Cases Referred to-
Zobaida Naher @ Jharna Vs. Khairunnessa, 3 BLC (AD) 170; Nurul Husain (Md.) Vs. Government of......d later. Accordingly, the review petitioners (respondent) Nos. 6 and 7 in the writ petition) filed an application before the Private secretary to the hon’ble Prime Minister raising objection to the granting of the name clearance certificate in favour of the subsequently formed samity. Thereafter, ..
Category: Others | Date: | Hits: 119
Agrani Bank Vs. MA Kahhar, 2002, 31 CLC (HCD)
.... in view of above nothing would justify us to allow this appeal. We do, therefore dismiss this appeal without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 285. ...... in view of above nothing would justify us to allow this appeal. We do, therefore dismiss this appeal without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 285. ......uit was partially decreed against him, he did not lodge any appeal. Nor did any one appear on his behalf during the hearing of this appeal. 3. It has been alleged in the plaint that the defendant stood guarantor for the repayment of a loan for Taka 15,000 (fifteen thousand) the plaintiff granted ......n his behalf during the hearing of this appeal. 3. It has been alleged in the plaint that the defendant stood guarantor for the repayment of a loan for Taka 15,000 (fifteen thousand) the plaintiff granted to one Abdul Hai Pathan. The plaintiff further averred that the said borrower obligated hims..Category: Banking Law | Date: | Hits: 215
Hossain Khan (Md.) and others Vs. Government of Bangladesh & others, 2001, 30 CLC (HCD)
....Rule No. 250(FM) of 2001 is also made absolute. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 264. ......and the notice of compensation was issued on the owner of the property on 24‑3‑1985 and a period of 7 years has also passed from 26‑10‑1978 to 24‑3‑1985 and, as such, it is not beyond the power of this Court to grant in an appropriate case some additional amount by way of interest or oth......19 DLR 237. Lawyers Involved: MA Samad with MGH Ruhullah, Advocates‑ For the Appellants. Mahbubey Alam with Md. Harun-or-Rashid, Advocates-For Respondent No. 3. Nihilesh Datta, Deputy Attorney‑General with Md. Tafique Hossain and Md. Jainul Abedin, Advocate-For the Government-Respond......nsation was issued on the owner of the property on 24‑3‑1985 and a period of 7 years has also passed from 26‑10‑1978 to 24‑3‑1985 and, as such, it is not beyond the power of this Court to grant in an appropriate case some additional amount by way of interest or otherwise as it had been s..Category: Property Law | Date: | Hits: 95
Amirul Islam (Md.) and others Vs. Thana Nirbahi Officer and others, 2000, 29 CLC (HCD)
....his order within four weeks from the date of receipt of a copy of this order. The office is directed to communicate this order at once. Ed. This Case is also Reported in: 52 DLR (2000) 388. ......d discriminatory. 11. At the hearing of the Rule we find none to represent any of respondents. But just before delivering this judgment, the learned Assistant Attorney-General appeared and filed a power on behalf of the respondent No. 5 and prayed for recording his appearance. 12. It is now ad......bahi Officer and others ………………Respondents Judgment April 5, 2000. Lawyers Involved: Md. Eunus Ali Akond, Advocate—For the Petitioner. Dr. Kazi Reazul Hoque, Assistant Attorney General—For the Respondent No.5. Writ Petition No. 1092 of 1999. Judgment Md. Abd......his order within four weeks from the date of receipt of a copy of this order. The office is directed to communicate this order at once. Ed. This Case is also Reported in: 52 DLR (2000) 388. ..Category: Employment/Service Law | Date: | Hits: 84
Omar Ali Sheikh Vs. Shamsul Alam Mridha and others, 2002, 31 CLC (HCD)
.... the Rule is discharged without any order as to cost. The order of stay granted at the time of the issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 257. ...... the Rule is discharged without any order as to cost. The order of stay granted at the time of the issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 257. ...... 4‑11‑1997 passed by the learned senior Assistant Judge, Naria, Shariatpur in Title Suit No. 2 of 1995. 2. Relevant facts, for the disposal of this in short, are that the opposite party Nos. 1 to 3 as plaintiff instituted the aforesaid suit for Specific Performance of Contract alleging that t......ich calls for any interference by this Court exercising vested under section 115 of the Code of Civil Procedure. Accordingly, the Rule is discharged without any order as to cost. The order of stay granted at the time of the issuance of the Rule is hereby vacated. Ed. This Case is also Repo..Category: Property Law | Date: | Hits: 84
Deputy Commissioner and another Vs. Md. Abu Taher and another, 2010, 39 CLC (AD)
....t and order dated 19th April, 2007 passed by the High Court Division in Writ Petition No.6142 of 2001 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 23....... record. Learned Deputy Attorney General has taken us to the impugned judgment and argued that the High Court Division erred in law in making the rule absolute despite holding that the government has power to acquire the disputed property for public purpose at any point of time. Learned Deputy Attor......ndra Kumar Sinha J The Deputy Commissioner and another …………..........Petitioners Vs. Md. Abu Taher and another ……………………………………....Respondents Order October 13, 2010. Lawyers Involved: Karunamay Chakma, Deputy Attorney General, instructed by B. ......consider that aspect of the matter. 7. On consideration of the facts and circumstances of the matter, we find merit in the contention of the learned Deputy Attorney General. Leave is, therefore, granted to consider the following points: I. Whether the High Court Division correctly found mali..Category: Property Law | Date: | Hits: 81
Commissioner of Customs and others Vs. Ruhul Amin Bachuchu and others, 2009, 38 CLC (AD)
....of paper book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till hearing of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 14. ......,92,201.39 from consignment imported by him under Letter of Credit dated 7.3.99 on the averments that in the course of his business he opened the above letter of credit dated 7.3.1999 for import of power tiller with accessories from China and after arrival of the goods he through his clearing agen......III ADC (2011) 14. ......n such view of the matter, the order of the High Court Division can not be sustained in view of the principle laid down in 52 DLR (AD) 149. The above submissions merit consideration. Leave is granted upon condonation of delay. Preparation of paper book is dispensed with as prayed for. ..Category: Fiscal/Taxation Law | Date: | Hits: 92
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....of with the above observations and modifications. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 18, 31 BLD (AD)(2011) 34, 19 BLT (AD) (2011)104, 8 LG (2011) AD 90, VIII ADC (2011) 217. ......of the Criminal Law Amendment Act, 1958 and also the schedule to the A.C.C. Act, 2004 by inserting offences under the Ain of 2002 in both the schedules, the ACC has been emboldened with the exclusive power and jurisdiction to enquire into and conduct investigation of offences of money laundering, pr...... represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others.......Respondents Judgment February 9, 2011. Cases Referred to- Md. Nazimuddin Vs. The State, 30 DLR 49 (FB) 70; T.S. Baliah Vs. Income-tax Officer, Madras, ......of with the above observations and modifications. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 18, 31 BLD (AD)(2011) 34, 19 BLT (AD) (2011)104, 8 LG (2011) AD 90, VIII ADC (2011) 217. ..Category: Civil Law | Date: | Hits: 174
Jashimuddin (Md.) alias Md. Jashimuddin Vs. Dali Begum and another, 2003, 32 CLC (HCD)
.... In that view of the matter, the Rule is discharged without any order as to costs. The stay order granted by this Court is hereby vacated. Ed. This Case is also Reported in: 56 DLR (2004) 358. ...... below found that the marriage is a valid marriage and the divorce is also a valid one and child born of their wedlock is a legitimate child. This Court, being the revisional Court, has a supervisory power and can grant relief of full dower and maintenance according to the law as contemplated in the......alias Md. Jashimuddin………..Defendant-Petitioner Vs. Dali Begum and another ………….......................Plaintiff Opposite Parties Judgment November 15, 2003. Cases Referred to- Dr. ALM Abdullah Vs. Rokeya Khatun, 21 DLR 213; Anwar Hossain Vs. Momtaz Begum, 4 BLC 521; Ab......hat the marriage is a valid marriage and the divorce is also a valid one and child born of their wedlock is a legitimate child. This Court, being the revisional Court, has a supervisory power and can grant relief of full dower and maintenance according to the law as contemplated in the case of Abdus..Category: Family Law | Date: | Hits: 186
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