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Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)
....reby set aside. The Miscellaneous Case No. 4 of 1997 of the Assistant Court, Hatia, Noakhali is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507.......reby set aside. The Miscellaneous Case No. 4 of 1997 of the Assistant Court, Hatia, Noakhali is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507....... responsibilities and send the case, in such a situation, on remand to the Court below for disposal. If it does that, it will then be failing in its duties and will be guilty of misdirection. It will amount to an abuse of its power and authority. If an appeal is properly brought before an appellate ..Category: Property Law | Date: | Hits: 37
Siddique Abedin Vs. Md. Musa Alam and State, 2000, 29 CLC (HCD)
....d Magistrate is directed to proceed with the case in accordance with law and shall hear the matter relating to taking of cognizance afresh. Ed. This Case is also Reported in: 54 DLR (2002) 506. ......d Magistrate is directed to proceed with the case in accordance with law and shall hear the matter relating to taking of cognizance afresh. Ed. This Case is also Reported in: 54 DLR (2002) 506. ......f complaint itself. 4. We have perused the petition of complaint and order passed by the Magistrate. From the petition of complaint it appears that after giving a specific promise of returning the amount accused petitioner took Taka 1,20,000 from complainant and the cheque which he issued for rep..Category: Criminal Law | Date: | Hits: 28
....2000 is hereby recalled and vacated. Learned Subordinate Judge is directed to proceed with the suit in accordance with law.
Communicate.
Ed.
This Case is also Reported in: 55 DLR (2003) 166.
......ee whether or not the proposed amendment is necessary to decide the issue that may arise in the suit on the basis of original pleadings.
26. Let us now consider the proposed amendment on the above principles regarding amendment. At first, we must say that the objections to the proposed amendment ......erent adjudication orders on the basis of Import General Manifest as submitted by them; and also
CIV a decree of mandatory injunction directing defendant Nos. 2 and 3 to pay the penalty and other amount as assessed by defendant No. 1.
4. On the same date, the application was heard and rejecte..
Category: Procedural Law | Date: | Hits: 60
Aumullaya Chandra Haldar Vs. Md. Mohsin Ali Mandal & others, 2002, 31 CLC (HCD)
...., as such, it should be maintained. In the result the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 54 DLR (2002) 500. ......se land at that time. 5. On appeal by the petitioner the learned District Judge upheld the judgment sustaining two grounds out of the aforesaid 3 holding that the right of preemption is hit by the principle of estoppel and waiver and that the deposit of the preemption case king inadequate the pre......2 Sarat Chandra Halder to the stranger opposite party No. 1 Mohsin Ali Mandal on 13-9-1994 by a registered kabala. The petitioner is a co-sharer in the case holding and he deposited the consideration amount of the kabala under preemption amounting to Taka 7,000 along with statutory compensation as r..Category: Procedural Law | Date: | Hits: 75
Auto Equipment Ltd. Vs. Commissioner of Taxes, 2001, 30 CLC (HCD)
.... and adopted GP rate at 23%. 9 Therefore the question is answered in the negative and in favour of the assessee. No order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 496.......rify the account and it depends on the facts of the case. Reliance has also been placed in the case of Commissioner of income Tax Vs. Messrs. Ata Hossain Khan Ltd. reported in 1977 BTD 163, where the principle has been laid down in the following terms: “Mere low profits and the absence of a sto...... and adopted GP rate at 23%. 9 Therefore the question is answered in the negative and in favour of the assessee. No order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 496...Category: Fiscal/Taxation Law | Date: | Hits: 69
.... the Rule. Accordingly, the Rule is discharged and the order of stay granted at the time of issuance of the Rule is hereby vacated. No costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 494.......ng the petitioner any opportunity to controvert the allegation, the Court directed the bank authority (respondent No. 2) to realise Taka 16,000 from the writ petitioner. He further submitted that the principle of natural justice had been violated by not giving any opportunity to the writ petitioner ......f 1989 for realisation of money, impleading respondent No. 5 as defendant. The case of respondent No. 2, in short, is that respondent No. 5 took a loan of Taka 25,000 but he failed to re-pay the said amount regularly as a result of which outstanding balance rose to Taka 50,855.
3. Respondent No. ..
Category: Civil Law | Date: | Hits: 76
MA Kabir Chowdhury and others Vs. M Mahbubur Rahman Miah & others, 2002, 31 CLC (HCD)
....he executing Court is directed to proceed with the proceeding of Other Execution Case No. 3 of 1997 in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 485. ......ncept of functus officio will not come on the way of the Court in acting and setting aside such order in exercise of the inherent jurisdiction on the basis of true facts brought before the Court. The principle of ‘finality of a proceeding’ should not be understood to say it is a vehicle to perpe....... Satyam Fibres (India) Pvt Ltd., 1996(5) SCC 550 it again stated the legal position thus: “Since fraud affects the solemnity, regularity and orderliness of the proceedings of the Court and also amounts to an abuse of the process of Court, the Courts have been held to have inherent power to set..Category: Civil Law | Date: | Hits: 125
Government of Bangladesh Vs. Hazrat Baku Shah Hawkers Market Somabaya Samity, 2010, 39 CLC (AD)
....m date". The Attorney General office will communicate the judgment and order of this Court to the Ministry concerned for compliance. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 505.......e withdrawn. Copy of the memo has been annexed as Annexure-E to the additional paper book. 4. However leave was granted to consider whether in view of Section 21 of the General Clauses Act and the principle enunciated in the case reported in (1997) 3 Supreme Court Cases 398, the High Court Divisi......aku Shah Hawkers Market Somabaya Samity on the basis of a decision of the Central Land Allocation Committee of the Government. It was duly approved by the Hon'ble Prime Minister and the consideration amount fixed at Tk. 16,80,21,000/- has been received from the aforesaid Samity as far back in the ye..Category: Property Law | Date: | Hits: 28
Nasiruddin Khan Vs. Forhad Hossain Bhuiyan, 2009, 38 CLC (AD)
....the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 707.......and Abul Bahser transferred their .23 acres of land to the plaintiff by a registered kabala deed dated 20.06.1998. The plaintiff has been possessing the said property by erecting pucca house and then principle, Aminul Islam instituted Title Suit No. 130 of 1999 in respect of Dag No.235 and the plain......the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 707...Category: Property Law | Date: | Hits: 42
Commissioner of Tax Vs. Chowdhury Apparels (Pvt.) Ltd., 2001, 30 CLC (HCD)
....question No.1 has been answered in the affirmative, we find it redundant to answer question No.2 which is more or less similar question No.1. Ed. This Case is also Reported in: 54 DLR (2002) 483.......question No.1 has been answered in the affirmative, we find it redundant to answer question No.2 which is more or less similar question No.1. Ed. This Case is also Reported in: 54 DLR (2002) 483.......ft by the bank is Apparent from the bank statement submitted by the assessee company and accordingly they found that the Deputy Commissioner of Taxes was not legally justified in adding the aforesaid amount under section 19(4) of the Ordinance as income from other source. 6. It appears from the a..Category: Fiscal/Taxation Law | Date: | Hits: 86
Md. Shahabuddin Vs. Janata Bank, 1988, 17 CLC (HCD)
....he result, the Rules issued in Civil Revision No. 71 of 1987 and Civil Revision No. 73 of 1987 are discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 94....... only because of their participation in the strike that the authority had by way of punishment passed the orders which were for all intents and purposes orders of dismissal which offended against the principle of natural justice as having been passed without any show cause notice. There is no disput......he result, the Rules issued in Civil Revision No. 71 of 1987 and Civil Revision No. 73 of 1987 are discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 94...Category: Employment/Service Law | Date: | Hits: 76
Angur Vs. State, 1988, 17 CLC (HCD)
....e anything for which the pardon already tendered to him can be forfeited. He should be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (1989) 66.......e anything for which the pardon already tendered to him can be forfeited. He should be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (1989) 66.......took away one stengun along with two magazines and 55 rounds of ammunitions from the guards of the Nikli Branch of the Agrani Bank who were traveling by the same launch. The dacoits also took away an amount of Tk. 600/- in cash and some other papers from the possession of the serang of the launch. I..Category: Criminal Law | Date: | Hits: 42
Md. Azad Shaikh alias Azad SK Vs. State, 1988, 17 CLC (HCD)
....passed against the appellant is set aside. It is directed that he be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 62....... (3) of the Code of Criminal Procedure with minute particularity so as to ensure that the confessing is absolutely free from the slightest tinge or taint of extraneous influence," "It is a settled principle of law" as pointed out by a Division Bench of this Court in the case of Zaheda Bewa & anot......passed against the appellant is set aside. It is directed that he be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 62...Category: Criminal Law | Date: | Hits: 31
Abdul Mukit Chowdhury Vs. The Chief Election Commissioner & others, 1988, 17 CLC (HCD)
....nt any such direction. In the result, the Rule is discharged without costs. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 57.......nt any such direction. In the result, the Rule is discharged without costs. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 57.......nt any such direction. In the result, the Rule is discharged without costs. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 57...Category: Election Law | Date: | Hits: 119
Warish Miah Vs. People's Republic of Bangladesh, 1988, 17 CLC (HCD)
....es of the present case. In the result, the Rule is discharged without costs. The order of slay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 51......y connected with the main act. When the candidate or any official is discharging or professing to discharge that act, a reasonable person may assume that he could or might act in that capacity. But principle of Quo Warranto can be applied in case of a disqualified candidate who on his successful......es of the present case. In the result, the Rule is discharged without costs. The order of slay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 51..Category: Election Law | Date: | Hits: 104
Sonali Bank Vs. Meghna Vegetable Oil Industries Ltd. & ors., 2009, 38 CLC (AD)
....wing the defendant Nos.1 and 2 to file a written statement advised. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 644.......wing the defendant Nos.1 and 2 to file a written statement advised. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 644....... to Sonali Ltd. The bifurcation of parties of Meghna Group of Industries took place as per agreement dated 03.11.2001 and subsequent amendments dated 22.01.2004 and 04.03.2004 whereby ultimately an amount of Tk. 15,48,95,235.69 remained outstanding payable by 'ka' group enterprise to 'kha' group..Category: Procedural Law | Date: | Hits: 81
Commissioner of Taxes Vs. Aleaf Enterprise, 2001, 30 CLC (HCD)
....n accordance with law. The result, therefore, is that the question raised is answered in the affirmative. There be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 471. ......h the assessee shall be governed by law which was in force during the relevant assessment years and not by the law which ease into force at the date of filing or disposal of the appeal. Following the principle laid down by the Privy Council in the Colonial Sugar Refining Company case and also having......n accordance with law. The result, therefore, is that the question raised is answered in the affirmative. There be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 471. ..Category: Fiscal/Taxation Law | Date: | Hits: 55
Pubali Bank Ltd. Vs. Md. Mamunur Rahman and Another, 2001, 30 CLC (HCD)
....without any order as to cost. The counter-claim of the defendant No.1 is dismissed as not maintainable. Send down the records forthwith. Ed This Case is also Reported in: 54 DLR (2002) 458.......without any order as to cost. The counter-claim of the defendant No.1 is dismissed as not maintainable. Send down the records forthwith. Ed This Case is also Reported in: 54 DLR (2002) 458.......1, a loan of Taka 8.00 lac was allowed in its favour by the plaintiff which was subsequently enhanced to Taka 11.00 lac by the sanction letter dated 15-3-1986. The defendant No.1 although repaid some amounts of money towards liquidation of its loan liabilities from time to time but since 24-6-1986 d..Category: Civil Law | Date: | Hits: 79
Moniruzzaman (Md.) Vs. ANM Didar-e-Alam and others, 2002, 31 CLC (HCD)
.... time of issuance of the Rule staying further proceeding of the case is recalled. Send down a copy of the order to the court below immediately. Ed This Case is also Reported in: 54 DLR (2002)445....... Instruments Act, to take cognizance in the general law and he further submits referring the case of Ali Akkas Vs. State reported in 1997 BLD (AD) 44 = 2 BLC (AD) 16, wherein it is held that, settled principle of law is that to bring a case within the purview of section 561A for the purpose of quash......n at an initial stage may be justified where the facts are so preposterous that even on admitted facts no case stands against the accused; (2) Where the institution and continuation of the proceeding amounts to an abuse of the process of the Court; (3) Where there is a legal bar against the initiati..Category: Criminal Law | Date: | Hits: 29
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2001, 30 CLC (HCD)
.... impugned Judgment and decree calling for interference by the Court. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 440.......acquired a right to the ‘A’ scheduled property at least to protect their session to maintain a suit within the meaning of section 42 of the Specific Relief Act and their suit is maintainable. The principle of law enunciated in the cited cases as referred to by the learned Advocate for the petiti...... impugned Judgment and decree calling for interference by the Court. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 440...Category: Property Law | Date: | Hits: 23
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