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Milon @ Shahabuddin Ahmed Vs. State, 2001, 30 CLC (HCD)
.... Ahmed are hereby maintained. Send down the lower Court records along with a copy of this judgment to the Court concerned at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 464. ......” The other case cited by the learned Advocate for the appellant is Alamgir Hossain (Md.) alias Alamgir Hossain and another Vs. State reported in 49 DLR 590 wherein it has been observed that “The principle laid down in the said case along with the provision of section 114(g) of the Evidence Act ...... Ahmed are hereby maintained. Send down the lower Court records along with a copy of this judgment to the Court concerned at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 464. ..Category: Criminal Law | Date: | Hits: 35
Seastar Shipping Lines Ltd. Vs. Bangladesh & others, 2001, 30 CLC (HCD)
....te of receipt of this order. A copy of this order be sent forthwith to the Prime Minister’s Secretariate and the Ministry of Food. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 449.......te of receipt of this order. A copy of this order be sent forthwith to the Prime Minister’s Secretariate and the Ministry of Food. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 449.......this aspect so that the vessel cannot sail out of the port without satisfying the port dues. It may be mentioned in this connection that the port authorities is always empowered in law to realise any amount by way of port dues by refusing to accord port clearances. The said vessel, irrespective of t..Category: Admiralty Law or Maritime Law | Date: | Hits: 212
State Vs. Md. Shamim alias Shamim Sikder and others, 2000, 29 CLC (HCD)
....der alias Md. Ratan are allowed and they are found not guilty to the charges levelled against them and they are acquitted in this case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 439.......before the arrival of accused Shamim who, according to the prosecution case, caused the fatal injury. 33. Section 34 of the Penal Code does not create any distinct offence and merely lays down the principle of joint liability in a criminal act done in furtherance of the common intention of the of......der alias Md. Ratan are allowed and they are found not guilty to the charges levelled against them and they are acquitted in this case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 439...Category: Criminal Law | Date: | Hits: 50
Gurvinder Singh Vs. Secretary, Ministry of Finance and others, 1992, 21 CLC (HCD)
.... In the result, this Rule is disposed of on the above observations without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 434. ...... In the result, this Rule is disposed of on the above observations without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 434. ......ppended to the petitioner shows that the company namely, Messers Cross Towny Inc. House No.79C, Road No.6, Banani, Dhaka do receive US $ 4,000.00 equivalent to Taka 142,794.00 and again US $ 9,000.00 amounting to Taka 321,288.30 and also US $ 4,000.00 amounting to Taka 142,794.00 and again US $ 3985..Category: Fiscal/Taxation Law | Date: | Hits: 98
Hamza Rubber Industries Vs. Golam Dastagir Gazi, 2001, 30 CLC (HCD)
.... is also discharged and order of ad-interim injunction granted at the time of issue of the Rule is also vacated. Communicate at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 430. ......975(1) All ER 504 (HL), the rule was formulated, it was sufficient if a “triable issue be presented by the plaintiff and the merits need not be gone into”. 10. In UK Laddie, J reconsidered the principle recently and explained American Cyanamid in his judgment in Series 5 Software Vs. Clark, 1......n that if injunction is granted as prayed for and the plaintiff ultimately fails to succeed in the suit he would not suffer anything whereas the defendants would be ruined. Mr. Bhuiya submits that no amount of investment of money will entitle the defendants in law to infringe the Trade Mark of the p..Category: Intellectual Property Law | Date: | Hits: 230
....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.
......t jurisdiction or made any finding upon no evidence or without considering any material evidence facts causing prejudice to the complaining party or that it had acted mala fide or in violation of any principle of natural justice. In the absence of any of these conditions the interference by the High......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
Progoti General Insurance Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....ormulated by us in the negative and in favour of the assessee petitioner. There will be no order of cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 424, 53 DLR (HCD) (2001) 531. ......td. reported in 90 ITR 307, took the law that when the transfer of price differential or the windfall profit in favour of the BPC was through a Government decision before it reaches the assessee, the principle of diversion of income by overriding title is only attracted. On a perusal of the Indian S...... assessment year 1990-91 it was assessed on an estimate income of Taka 1,98,18,176.00 against the income return of Taka 1,65,75,17.00. While computing the income the DCT disallowed the Jamuna Levy an amount of Taka 13,18,045.00 holding that it was not an allowable expense against the interest and di..Category: Fiscal/Taxation Law | Date: | Hits: 104
Sogra Begum Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....es not appear to us to be a fit case for granting a certificate as prayed for. Hence the prayer is rejected. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 420, 26 BLD (HCD) (2006) 301. ......tigant should not be punished for the negligence committed by the lawyer or for the ill advice of the Advocate. The learned Advocate further submits that in dealing with a condonation application the principle that substantial justice shall take preponderance over technical consideration should alwa...... Commissioner of Taxes for the assessment year 1987-88 the petitioner preferred an appeal before the Additional Commissioner of Taxes (Appeal) who allowed the appeal in part and deleted a substantial amount to the tune of Taka 10 lakh and odd but the department being aggrieved by the aforesaid order..Category: Fiscal/Taxation Law | Date: | Hits: 108
Mainuddin Chowdhury & others Vs. State and another, 2001, 30 CLC (HCD)
....itioners No.4 be enlarged on bail to the satisfaction of the Deputy Commissioner, Chittagong, if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 416. ...... his independent finding on the allegations made and has not also at all considered the attending facts and circumstances of the case including the facts of enmity and counter case. This is a settled principle of law for the purpose of cancellation of bail on the application of the aggrieved person ......itioners No.4 be enlarged on bail to the satisfaction of the Deputy Commissioner, Chittagong, if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 416. ..Category: Criminal Law | Date: | Hits: 43
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. ......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. ......ি-১৪৮৩/৮৯/১০৭৮ (Annexure-A-I). Having obtained the approved plan the petitioner started constructing the building in accordance with the Rules and the petitioner invested huge amount of money for the said construction. While the construction work is going on the respondent No..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.......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.......ys Taka 30,000 to 60,000 to the recruiting agents depending upon nature and prospect of the job abroad and after incurring various expenses for the job-seekers, the agents are left with a substantial amount per head which on the average will not be less than Taka 15,000 although the assessee made a ..
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. ......nder of its discretion. It would then not be the authority’s discretion that is exercised, but someone else’s. If an authority surrenders its discretion to another body it acts ultra vires as the principle stated by Venkatachaliah, J in the case of State of UP Vs. Maharaja Dharmander Prasad Sing......n is vested in the RAJUK to exercise powers of cancellation of the sanction. The RAJUK cannot permit its decision to be influenced by the dictates of others, how big they may be, as this would be tantamount to abdication and surrender of its discretion. It would then not be the authority’s discret..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. ......eciation on behalf of the respondents as to the duty and responsibilities in regard to the return to be made to a Rule issued by the Court under Article 102 (2) (b) of the Constitution. The English principle as expressed by Lord Atkin in his dissenting speech in Liversidge Vs. Anderson that every ......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. ..Category: Constitutional Law | Date: | Hits: 291
Zafela Begum and others Vs. Atikulla and others, 2011, 40 CLC (AD)
....l is allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 46, 31 BLD(AD) (2011) 111, 8 LG (AD) (2011) 133, 16 MLR (AD) (2011) 216, VIII ADC (2011) 907. ...... of law argued in the case cited by Mr. Mahmudul Islam. The submission that this document having been marked as exhibit without objection became admissible in evidence, is a general rule and the same principle is not applicable in all cases. This rule disentitling a party to object to the admissibil......l is allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 46, 31 BLD(AD) (2011) 111, 8 LG (AD) (2011) 133, 16 MLR (AD) (2011) 216, VIII ADC (2011) 907. ..Category: Property Law | Date: | Hits: 127
.... 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.
......inst the respondent Nos. 6 and 7 in the writ petition who are now the review petitioners. Hence it cannot be said that the judgment and order dated 25-7-2001 passed in the writ petition is hit by the principle of natural justice. It is further contended by the respondent No.1 ie the writ petitioner,...... 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.
..
Category: Others | Date: | Hits: 119
Agrani Bank Vs. MA Kahhar, 2002, 31 CLC (HCD)
....f 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 himself to repay the loan through ten monthly installments of Taka 500 each, the first installment being due a month after the loan was disbursed ......e new contract, whether the stipulated amount reflects the whole of the earlier debt or only a part of the same, which debt the creditor could not otherwise recover because of the limitation law. The principle that what sub‑section (3) creates is an independent contract, but that it does not creat...... with interest in the event of the borrower's default to do so. The borrower having gone into oblivion, the plaintiff served notice upon the defendant urging him to honour his guarantee by paying the amount, which, being multiplied by interest, inflated to an amount of Taka 74,055. The defendant's d..Category: Banking Law | Date: | Hits: 215
Alam Kabiraj and others Vs. State, 2003, 32 CLC (HCD)
.... Sarder and Bashir Sarder @ Bashar accordingly, directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 273. ......nal Code including non-confessing accused Bashir Sarder @ Bashar. We stated earlier convict accused Abdul Majid Sarder preferred no criminal appeal. 35. There is no dispute as to the established principle that statement under section 164 Cr.P.C. can be used against its maker in order to base co...... Sarder and Bashir Sarder @ Bashar accordingly, directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 273. ..Category: Criminal Law | Date: | Hits: 42
Bangladesh House Building Finance Corporation Vs. Md. Abdul Hoque, 2002, 31 CLC (HCD)
....y installment payable by the opposite party was fixed at Taka 3,508.40 including 5% interest thereon beginning from January, 2002, It was stipulated that in case of default in payment of 4 successive installments, the petitioner would be at liberty to realise the balance decretal amount in its entir...... of the Money Execution Case No. 88 of 1996. Communicate the order to the learned Joint District Judge, Artha Rin Adalat, Jessore at once. Ed. This Case is also Reported in: 55 DLR (2003) 270....... the execution case was in progress with certain adjustments recorded the petitioner and the opposite party entered into a compromise rescheduling the installment of repayment of the balance decretal amount of Taka 6,53,760.77, Monthly installment payable by the opposite party was fixed at Taka 3,50..Category: Property Law | Date: | Hits: 91
Hossain Khan (Md.) and others Vs. Government of Bangladesh & others, 2001, 30 CLC (HCD)
..... 636 belonging to petitioner No.1 only (b) That the respondent No. 3, the requiring body shall pay a compensation of Rs 25,000 within two months from today. The said sum shall be paid in three equal installments, the first installment falling due within one week from today, the second installment w......aggerated and inflated. The claimant is not entitled to get the excess. The further case of the Government is that the assessment made by the Collector was just, proper and was in consonance with the principles of law laid down for such assessment. The crop compensation demanded was severe and rec......h from today the respondent No. 3 shall pay Rs 1,500 per month to petitioner No. 1 (d) That the respondent No. 3 shall fill up the place and also put in structures of their own (e) That the aforesaid amount of Rs 25,000 shall be paid to the petitioner in the presence of the Registrar of this Hon'ble..Category: Property Law | Date: | Hits: 95
Mazharul Huq Quraishi and others Vs. Hari Chandrs Hrishi and another, 2000, 29 CLC (HCD)
.... to conclude the trial as early as possible preferably within 3 months from the date of receipt of the judgment. Copy be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 392. ...... to conclude the trial as early as possible preferably within 3 months from the date of receipt of the judgment. Copy be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 392. ...... and having arranged to sell property, Fateh Haider induced Mukha Shah as Creditor to accompany him to a petition writer with a view to let the petition writer draft a sale deed after calculating the amount due on the mortgage bonds. The bonds were left with the petition writer and creditor Mukha Sh..Category: Criminal Law | Date: | Hits: 42
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