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Government of Bangladesh Vs. ASM Ferojuddin Bhuiyan, 2000, 29 CLC (HCD)
....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. ......earned Assistant Judge, First Court, Dhaka in Title Suit No.368 of 1985 should not be set aside. 2. The only question that survives for determination in this Civil Revision Petition is whether the principle of promissory Estoppel is attracted in awarding a decree in favour of petitioner. 3. Fo......and plaintiff-opposite party already deposited the said rents. Taka 7,27,410 had been fixed as valuation of the suit property and plaintiff was willing to purchase the property on depositing the said amount of Taka 7,27,410. 22. Plaintiff as P.W.1 gave testimony in support of plaintiffs case. He ..Category: Property Law | Date: | Hits: 83
....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.......nation of the contractual rights and obligation of the parties. But even in such cases, the law enjoins the Government to act fairly and reasonably and certainly not arbitrarily or capriciously. This principle of law is now settled and engrossed in our legal system. Reliance in this regard can be pl......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)
....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. ......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. ......er/bank draft, and Taka 1,36,860 by Protirokha Sonchoy Potro. This demand and mode of payment were contrary to agreement dated 19-4-77. Defendant No.2 another letter dated 8-11-83 again demanded said amount threatening disconnection of gas. Plaintiff by a letter dated 15-11-83 apprised defendant No...Category: Others | Date: | Hits: 132
Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)
....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. ...... enlarging the meaning of the word, by also clothing it with the connotation given to it in the interpretation clause in addition to the sense which it conveys in common parlance. This is an accepted principle of interpretation and needs no authority to support it and if one be needed the discussion...... 1922 and a local authority has also been included as person in this section and section 3 of the Act charges to tax the total income of every person and total income as per section 2(15) means total amount of income, profits or gains referred to in sub-section(I) of section (4) and sub-section (I) ..Category: Fiscal/Taxation Law | Date: | Hits: 86
.... are of the view that the petitioner should be saddled with cost.
In the result, the Rule is discharged with cost of Taka 5,000.00 only.
Ed.
This Case is also Reported in: 51 DLR (1999) 208.
......e his tender accepted unless he has been pushed aside in violation of the condition of the tender form and if there is no such violation no mandamus would lie nor even a suit. This also points to the principle of law, that to protect a right the right must exist at present and not in future.”
7......nt new offer, but it appears from the impugned letter dated 10- 10-94 (Annexure-A) that offer of the respondent No.4 made on 3-9-94 was found as the highest and he was directed to deposit the advance amount of Taka 34.20 lac. Thus it appears to us that the recommendation of that evaluation committee..
Category: Property Law | Date: | Hits: 102
Shahid Mia and anothers Vs. State, 1998, 27 CLC (HCD)
....esent case as noted above we find that the said principle is not applicable to the appellants. In the result, the application is rejected. Ed. This Case is also Reported in: 51 DLR (1999) 207.......0 DLR (SC) 339 though it has been observed that delay in concluding trial is good ground for allowing bail to the accused in the circumstances of the present case as noted above we find that the said principle is not applicable to the appellants. In the result, the application is rejected. Ed.......esent case as noted above we find that the said principle is not applicable to the appellants. In the result, the application is rejected. Ed. This Case is also Reported in: 51 DLR (1999) 207...Category: Criminal Law | Date: | Hits: 35
Abdur Rouf (Md.) and another Vs. State, 1998, 27 CLC (HCD)
....irected to surrender to their bail bonds immediately to serve out the sentence imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (1999) 192.......irected to surrender to their bail bonds immediately to serve out the sentence imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (1999) 192.......as appearing in the account opening form were admitted and authenticated by accused Shamsul Bari, the Second Officer of the Bank. The said Salimuddin appears to have deposited cheque No.178771 for an amount of Taka 83,000.00 from current deposit account No.9956 in the name of Mr. Kamrul Huda of Jana..Category: Criminal Law | Date: | Hits: 104
Syed Abdul Alim alias Lalu Vs. DC, Dhaka and others, 2005, 34 CLC (HCD)
....osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ...... has since been held that except the vires of the Proclamation, Martial Law Orders. Martial Law Regulations, all proceedings taken or orders made by the Martial Law Courts or Tribunals, if hit by the principle of coram non judice, without jurisdiction or mala fide, the superior Court in writ jurisdi......were tried. In this regard we refer to paragraph 8 of the judgment in the case of Ehteshamuddin @ lqbal reported in 33 DLR (AD) 154 to show that passing of such order to issue warrant of arrest, etc. amounts to taking cognizance of offence which runs as follows: "The order sheet shows that on rec..Category: Criminal Law | Date: | Hits: 52
Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)
....ould not read English. He denied that the power of attorney was created for the suit. 56. On payment of consideration, we have noticed that the plaintiff said that he paid Taka 9,70,000 in several installments before the deed of power of attorney and sale. While PW 3 Md. Nurul Anwar said that on ......able. The plaintiff got no locus standi under section 42 of the Specific Relief Act to seek the relief as prayed for in the suit. The purchase of schedule- 1(Kha) land by the plaintiff was hit by the principles of lis pendens as provided under section 52 of the Transfer of Property Act. 10. It wa......the appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 62. ..Category: Property Law | Date: | Hits: 71
Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)
....l Haque in Other Suit No. 15 of 98 is directed to vacate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51.......l Haque in Other Suit No. 15 of 98 is directed to vacate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51.......tenants in the name of the plaintiffs in their bank account at the Sonali Bank at Rangpur. Shamsul Haque deposited money in the said account up to April, 1992 but thereafter he stopped depositing any amount in the account. In the month of March, 1994 Shamsul Hoque evicted the monthly tenants and occ..Category: Property Law | Date: | Hits: 139
Abu Taher Vs. State, 2005, 34 CLC (HCD)
....ted in any other case. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in : 58 DLR (2006) 34. ......rangulated to death. As the defence plea that the deceased committed suicide was proved false and the accused husband failed to explain the cause of death of his deceased wife, in view of the settled principle of law in a wife killing case, the Court below rightly and legally convicted and sentenced......ted in any other case. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in : 58 DLR (2006) 34. ..Category: Criminal Law | Date: | Hits: 41
World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14.......llegal or unenforceable. 18. He also cites the case of Central Inland Water Transport Corporation Ltd. Vs. Brojonath, AIR 1986 (SC) 1571 wherein it is held: "The types of contract to which the principle formulated by us above applies are not contracts which are tainted with illegality but are......ction, died or otherwise become incapable of making a fresh transfer, and in all cases where the transfer is for consideration, to the charge of making good to the disappointed transferee the amount or value of the property attempted, to be transferred to him." 48. The foundation of the d..Category: Information Technology Law | Date: | Hits: 321
.... any lawful authority and are of no legal effect.
In view of the facts and circumstances of the cases there will be no order as to cost.
Ed.
This Case is also Reported in: 58 DLR (2006) 5.
......n to the citizens or is arbitrary per se can be knocked down by this Court. In elaborating his submission, Mr. Islam relied on the decision reported in AIR 1958 (SC) 538 with special reference to the principles of law laid down by the Indian Supreme Court in that case as to when the Supreme Court ca......ered by HS Code Nos. 8418.30.90 and 8418.40.90 are exempted from payment of supplementary duty only in case of CKD but by the impugned order the respondents have demanded payment of VAT on the entire amount of sale price irrespective of value addition that has been made at the production stage. Mr. ..
Category: Fiscal/Taxation Law | Date: | Hits: 81
Selim Reza Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....Rule is made absolute without any order as to costs. The office is directed to communicate this order to the respondents for information. Ed. This Case is also Reported in: 58 DLR (2006) 1. ...... for the illegal and mala fide acts committed by the respondents for illegally obtaining lease of the said Cattle Hat by causing revenue loss to the state and the government but would also offend the principle of fair play and justice as well as the principle of legitimate expectation of the petitio......s. The petitioner therefore, requested the respondent No. 4, Deputy Commissioner, that since he wanted to take lease of the said Cattle Hat at Taka 22 lac plus other charges which was higher than the amount quoted by the respondent No. 7 his bid should be accepted and lease of the said Cattle Hat sh..Category: Others | Date: | Hits: 114
Commissioner of Taxes Vs. Kushtia Sugar Mills Ltd., 2000, 29 CLC (HCD)
..... Accordingly, we answer the questions in the affirmative and against the revenue applicant. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 504........ Accordingly, we answer the questions in the affirmative and against the revenue applicant. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 504......., Dhaka, Division Bench-2, Dhaka in It, No.1675 of 1982-83 (Assessment Year 1978-79) whereby the Tribunal affirmed the order of AJCT which reversed the order of the DCT respect of disallowances of an amount 9,99,541 paid as bonus to its employees. 2. The assessee company is a incorporated under t..Category: Fiscal/Taxation Law | Date: | Hits: 104
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.......a citizen of Bangladesh. 16. In the case of Mirza Shahab Ispahani, 40 DLR (AD) 116 as stated above, while the interpretation and the meaning of President’s Order No.149 of 1972 were made and the principle as to granting of dual citizenship also has been accepted. In paragraph 25 of that decisio......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...Category: Immigration and Citizenship Law | Date: | Hits: 190
....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.
......on is an illustrative of the Courts exercising normal Original Civil Jurisdiction under the law. Any person or authority entrusted with the responsibility of judicial functions in accordance with the principles of law and following the procedure laid down by any law will be taken as a Court and, in ......ing the period 1988 in Timber Extraction Project. An investigation was made and the Investigation Team submitted a report on 10-1-89 wherein it was stated that the opposite party received substantial amount of money from the Corporation as advance for the purpose of completion of various works at Ga..
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.......8 of the PDR Act. Mr. Bhuiyan also submits on point of law that sections 7 and 8 of PDR Act should be read with Rule 6 of that Act and, according to Mr. Bhuiyan, Rule 66 of the PDR Act is the guiding principle as to how to act under sections 7 and 8 of PDR Act. 15. Trial Court held that the purch......nt No.1 for Rs 1700.00-only whereas the demand for debt in the said OD Case was for Rs 1784.00-only and in the earlier cases namely, 3 and 16 as referred above, the demand of income tax was for heavy amount and to save other properties, the suit property was sold by said Raj Kumar Ghose for Taka 12,..Category: Property Law | Date: | Hits: 83
Nizam Hazari Vs. State, 2001, 30 CLC (HCD)
....nal No.14, Chittagong in Special Tribunal Case No.757 of 1999 stand maintained. Lower Court Records be sent down immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 475. ......ed is a relevant fact under section 9 of the Evidence Act and unless accused explains his conduct abscondence may indicate guilt of accused. In Amir Hossain Howlader Vs. State, 1984 BLD (AD) 193, the principle enunciated is that absconsion of as accused is corroboration of the direct evidence of eye......nal No.14, Chittagong in Special Tribunal Case No.757 of 1999 stand maintained. Lower Court Records be sent down immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 475. ..Category: Criminal Law | Date: | Hits: 58
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. ...... 100 cases, the matter goes no further (after grant or refusal of an interlocutory injunction) [The closing chapter by Denning at 259]. I do not think the situation is very different in our land. The principle is also nearly settled long ago that a Court has no jurisdiction to grant an ‘interlocut......tiff disputes the figure and claims to have paid further Taka 40,000.00 only by another pay order dated 12-4-2001 which is no doubt a paltry sum against the huge arrears. The plaintiff calculated the amount at a load of 13357.66 cubic meter per month at a gas flow pressure of 5 PSIG instead of load ..Category: Civil Law | Date: | Hits: 151
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