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Shahella Chowdhury Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
....no legal effect; and they are accordingly quashed. Order of stay granted on 23-5Â06 is also recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 213. ......rdinance, that is, two and half times of the reassessed income. 14. To understand the purport of impugned orders, we need to read certain provisions of the Ordinance. Section 93 of the Ordinance empowers the Deputy Commissioner of Taxes to reassess the total income of an assessee if any income ch......March 28, 2007. Case Referred To- Raghuvanshi Mills Ltd vs. CIT; 1952 22 ITR 484 (SC). Lawyers involved: Mosharraf Hossain, Advocate—For the Petitioner. Md. Rezaul Islam, Assistant Attorney-General—For the Respondents. Writ Petition No. 5143 of 2005. Judgment Md. Abdur Ra......84,454.00 (Annexure-F) by the Deputy Commissioner of Taxes are hereby declared to have been passed without any lawful authority and of no legal effect; and they are accordingly quashed. Order of stay granted on 23-5Â06 is also recalled and vacated. Communicate at once. Ed. This Case is al..Category: Fiscal/Taxation Law | Date: | Hits: 69
Dhaka City Corporation and others Vs. Shamsur Rahman and others, 2007, 36 CLC (HCD)
....ring with peaceful possession of the plaintiff in the suit land, in any way, as prayed for. Send down the records, at once. Ed. This Case is also Reported in: 59 DLR (2007) 207. ...... 43. Neither the acquiring body, the government nor the requiring body, the erstwhile DIT now RAJUK appear in and contest the suit. Section 8 of the Emergency (Requisition) of Property Act, 1948, empowers the Deputy Commissioner only to release unused land. Claim of the DCC that it got possession ......yan Mohajan and another 2006 BLD (AD) 145 = 11 BLC (AD) 226; Sarashijaksha Chatterjee and others vs. Karpor Kamini Devi and others, AIR 1937 Calcutta 745; S Sibtain Fazli vs. Messrs Star Film Distributors 14 DLR 307; Kayemat Ali Sakidar and others vs. Jainuddin Talukder, 14 DLR 657; Commander (Retd.......that if the Court found that the plaintiff was entitled to a relief on the case made out and proved but was not prayed for, the Court under Order VII, rule 7 of the Code of Civil Procedure can always grant such relief. In support, he cited S Sibtain Fazli vs. Messrs Star Film Distributors 14 DLR 307..Category: Property Law | Date: | Hits: 32
Anti-Corruption Commission Vs. Md. Hasan & others, 2008, 37 CLC (AD)
....of redress as against her grievance, if any, against the pending proceeding before the competent Court of Criminal Jurisdiction; that notice under Rule 15(ঘ) of the Emergency Power Rules, 2007 is a discretionary power. After issuance of notice under section 26 of the Ain notice under Rule 15(ঘ) ......against her grievance, if any, against the pending proceeding before the competent Court of Criminal Jurisdiction; that notice under Rule 15(ঘ) of the Emergency Power Rules, 2007 is a discretionary power. After issuance of notice under section 26 of the Ain notice under Rule 15(ঘ) does not arise......etitioner. Rafique-ul-Huq, Senior Advocate instructed by Md. Wahidullah, Advocate-on-Record—For the Respondent Nos. 1-2. Not represented—the Respondent Nos. 3-7. Civil Petition for leave to Appeal No. 1432 of 2008. (From the judgment and order dated the 18th day of June, 2008 passed ......ove, we find no subÂstance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2006) 183. ..Category: Anti-Corruption Laws | Date: | Hits: 143
....tore the disputed property to the possession of the petitioner within three months from date.
Mohammad Ismail Uddin Sarker J. - I agree.
Ed.
This Case is also Reported in: 40 DLR (1988) 87.
......tore the disputed property to the possession of the petitioner within three months from date.
Mohammad Ismail Uddin Sarker J. - I agree.
Ed.
This Case is also Reported in: 40 DLR (1988) 87.
......eoÂples’ Republic of BanglaÂdesh, represented by the Secretary, Ministry of Works, Secretariat Building, Dhaka..........................Respondent
Judment
March 31, 1987.
Cases Referred to-
State of Bombay vs. Pandurang Vinayak and others, A.I.R. 1953 (S.C) 244; East End Dwelling C......memo dated 16.7.84 (Annexure-K) the respondent directed the petitioner to furnish by 1.9.84 some papers including his nationality certificate etc. The petitioner asked for extension of time which was granted upto 31.9.84 with an ultimatum vide memo dated 14.8.84 (Annexure-K(l). The petitioner sent a..
Category: Immigration and Citizenship Law | Date: | Hits: 188
Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)
....on of the judgment is stayed for 4 (four) weeks from date. There will however be no order as to costs. Amirul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 72.......t case we also find that there existed a contractual obligation between the Janata Bank, Bangladesh to reimburse the negotiating Bank namely the Bank of Tokyo for the amount paid upon the irrevocable power of attorney opened by Janata Bank and when the said amount had been negotiated by the Bank of ......irul Islam Chowdhury J Anwarul Hoque Chowdhury J Janata Bank....................Appellant Vs. M/S Ahmedia Garments ..............Respondent Judgment July 8, 1987. Cases Referred to- 33 DLR (AD) 298, AIR 1970 (S.C.) 891, AIR 1981 (S.C.) 1426, AIR 1986 ( S.C.) 1924, AIR 1983 (......it alÂleging that the machinery supplied were not upto mark and a prayer was made to restrain the Russian firm for taking any further step in pursuance of L.C. and from enforcing it. The trial court granted it which was reversed by the High Court. On appeal the SuÂpreme Court of India having quote..Category: Business or Commercial Law | Date: | Hits: 209
....eceipt of the copy of this judgment.
In the result, the Rule is disposed of with the aforesaid observation without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 35.
......eceipt of the copy of this judgment.
In the result, the Rule is disposed of with the aforesaid observation without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 35.
......d. is directed against the judgment and Order No. 23 dated 14-11-2000 passed by the learned Subordinate Judge, 4th Court Dhaka in Title Suit No. 276 of 1999 allowing an application for temporary mandatory injunction under section 55 of the Specific Relief Act, directing the defendant petitioner to r......l of the suit, was filed and moved and the learned Subordinate Judge, 4th Court, Dhaka was pleased to issue a show cause upon the Gas Company as to why temporary injunction as prayed for shall not be granted. The Gas Company as defendant appeared and filed the written objection on 17-6-2000 but no c..
Category: Civil Law | Date: | Hits: 115
ASM Shamsul Islam Rashedi Vs. Satellite Fishing Ltd. and others, 2001, 30 CLC (HCD)
....his application under section 233 which is deplorable. In view of the above, this application is dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 28. ......same. The Annual General Meetings were held regularly and none had raised any objection for that matter. 7. It is further stated that under Article 37 of the Articles of Association a Director has power to call an Annual General Meeting. Usually the Managing Director convenes the meeting and serv......n (Original Civil Jurisdiction) Present: KM Hasan J ASM Shamsul Islam Rashedi ………..Petitioner Vs. Satellite Fishing Ltd. and others ………….Respondents Judgment October 17, 2001. Lawyers Involved: Jashim Uddin Ahmed with Shibbir Ahmed, Advocates—For the ......his application under section 233 which is deplorable. In view of the above, this application is dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 28. ..Category: Company Law | Date: | Hits: 220
Gazi Tayebur Rahman Vs. Saikh Md. Ali and others, 2002, 31 CLC (HCD)
....preferably within 3 months from the date of receipt of this order by the lower Court. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 29.......‘11‑95 after obtaining information from the Court came to know about the dismissal order dated 16‑11‑93. 4. Upon hearing the learned Advocates, the learned Assistant Judge in exercise of his power under section 151 of the Code restored the Miscellaneous Case No. 37 of 1993 upon setting asid...... For the Petitioner. Not represented‑ the Opposite Parties. Civil Revisional No. 2699 of 1996. Judgment Md. Abdur Razzaque J.- By this Rule opposite party Nos. 1 and 2 were called upon to show cause as to why the judgment and order dated 21‑4‑96 passed by the learned Assistant Jud......gned order passed by the learned Assistant Judge. 15. In the result, the Rule is discharged without costs. The impugned judgment and order complained of in this revision are affirmed. 16. Stay granted earlier by this court is hereby vacated. 17. Learned Assistant Judge is directed to dispo..Category: Property Law | Date: | Hits: 36
....hout lawful authority and to be of no legal effect.
In the result, the Rules are discharged without however any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 112. ...... actual requirement of Radio Bangladesh for installation of Transmitter which is apparent from the decision of the Government as contained in Annexure-E and in that view of the matter the exercise of power of the Government was arbitrary; that the retention of the property under requisition is illeg......Writ Petitions).
Writ Petition No. 964 of 1994
with
WP No.1170 of 1994.
Judgment
M A Aziz J.- These two Rules having involved similar facts and a common question of law are taken up together and disposed of by a single Judgment.
2. The above Rules were issued calling upon the re......hout lawful authority and to be of no legal effect.
In the result, the Rules are discharged without however any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 112. ..
Category: Property Law | Date: | Hits: 31
Osman Ali (Md) Vs. Md. Makbul Hossain and Others, 1999, 28 CLC (HCD)
....se of the case within 3 months from the return of service of notice for hearing upon the parties after the receipt of the case record. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 109. ......s of justice. 13. I have read the decisions cited by the learned Advocate for the petitioner. In the case reported in 28 DLR 252 a Division Bench of this Court just restated the principle that the power under section 151 of the Code should be used in limited and a sparing manner and must be avoid......9 of 1986 was obtained from the then High Court Division at Rangpur Bench by the pre-emptee as petitioner in a revision application made under section 115 (1) of the Code of Civil Procedure, referred to hereinafter as the Act, against order dated 01-02-86 passed by the learned Munsif at Upazila Pirg......invoke its inherent jurisdiction. The decision in 43 DLR (AD) 128 rather supports this proposition of law. Moreover, when a subordinate Court invokes its inherent jurisdiction for reasons recorded to grant a chance of hearing to a party for ends of justice by recalling its own order and such order b..Category: Civil Law | Date: | Hits: 69
Idrish Ali Bhuiyan (Md) Vs. Dr. Alauddin Ahmed & ors., 2002, 31 CLC (HCD)
....g out the name of respondent Nos. 1‑3, 8 & 9 and the prayers 'b', ‘c’, ‘d’ & ’e’ in the prayer portion of the election petition. Ed. This Case is also Reported in: 55 DLR (2003) 19..........It is well settled that it is a special right conferred under a self‑contained special law and the court will have to seek answer to the question raised within the four comers of the Act and the powers of the court are circumscribed by its provisions. It is not a common law right and an electio......ional Assembly of the Constituency No. 165, Kishoreganj‑1 and respondent No. 4 was declared as elected candidate and accordingly, Gazette notification was made by the Election Commissioner on 9th October, 2001. The election was held peacefully in the constituency and election authority played a no......g out the name of respondent Nos. 1‑3, 8 & 9 and the prayers 'b', ‘c’, ‘d’ & ’e’ in the prayer portion of the election petition. Ed. This Case is also Reported in: 55 DLR (2003) 19...Category: Election Law | Date: | Hits: 85
Hanif Ali (Md) Vs. Hajera Khatun and others, 2002, 31 CLC (HCD)
....oner before the trial Court for the amendment is allowed. In view of the facts and circumstances there will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 17. ......site Parties Judgment February 10, 2002. Result: The Rule is made absolute. The Code of Civil Procedure, 1908 (V of 1908); Order XVIII rule 17 Order XVIII rule 17 empowers the Court to re‑call at any stage a witness who has been examined and cross-examined. The p......udgment February 10, 2002. Result: The Rule is made absolute. The Code of Civil Procedure, 1908 (V of 1908); Order XVIII rule 17 Order XVIII rule 17 empowers the Court to re‑call at any stage a witness who has been examined and cross-examined. The powers under the r......rties, on the ground that as long as a suit is pending a relief cannot be refused. 14. In view of my aforesaid discussion, I am still in opinion that it was yet open to the Court of trial below to grant this relief. The impression that by opening the preliminary decree further evidences require t..Category: Property Law | Date: | Hits: 34
Habib (Md) and another Vs. State represented by the Deputy Commissioner, 1999, 28 CLC (HCD)
.... proceedings of GR Case No. 929 of 1998 so far it relates to the present petitioners Md. Habib and Ahmed Abdullah Lokman are quashed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 105. ...... decision before the Appellate Division in the case of Latifa Akter Vs. State reported in 19 BLD (AD) 20=51 DLR (AD) 159 and the Appellate Division took the view that High Court Division has inherent power to pass necessary order to prevent abuse of the process of the court and for ends of justice u......s. Rafiqul Haque with M Nazrul Islam, Advocates—For the Opposite Party. Criminal Appeal No.1156 of 1999. Judgment Md. Hamidul Haque J. - By this Rule the opposite party was called upon to show cause as to why the proceedings of GR No. 929/98 now pending in the Court of Chief Metropoli......of Khatungonj was given credit facilities of Taka 12, 61, 00,000.00 from the above Branch of the Bank and Md Habib was the guarantor. The above firm imported Dano Full Cream Powder Milk with the loan granted by the Bank. On the basis of agreement dated 01-06-96, 29,200.00 cartons of Dano powder milk..Category: Criminal Law | Date: | Hits: 39
Kalur Hat KC Bilateral School Vs. Sabbir Hossain Chowdhury & others, 1999, 28 CLC (HCD)
....er as to costs and the impugned order of the learned District Judge is set aside and that of the learned Subordinate Judge is restored. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 102.......of the predecessor of the defendants in SA Khatian, hence the decision of the lower appellate Court does not suffer from any error of law, warranting any interference by this Court in the exercise of power under section 115 of the Code of Civil Procedure. 12. We have perused the orders of both th......dinate Judge, 2nd Court, Panchagarh, in Other Class Suit No. 7 of 1996 and allowing the appeal and setting aside the order dated 2-2-97 and upholding the order dated 1-10-96 and directing the parties to maintain status quo in respect of the suit lands. 2. The present petitioner being plaintiff in......ith other land in auction on 11-12-1942 in Rent Execution Case No.1955 of 1942 and accordingly, got delivery of possession through Court on 5-5-1943. Said Mahbub Hossain being the owner in possession granted settlement of the suit land for agriculture purpose in favour of the plaintiff school on 2nd..Category: Property Law | Date: | Hits: 21
Shahjahan Ali Khan (Md) and others Vs. Bangladesh, 1999, 28 CLC (HCD)
....ion of Article 116A of the Constitution. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 99. ......by way of inserting proviso to sections 31 and 34 of the Acquisition and Requisition of Immovable Property Ordinance, 1982, hereinafter referred to as the Ordinance, and that by the amendment so made power of the Arbitrator has been limited to the extent of revising the amount of compensation alread...... Surendra Kumar Sinha J Shahjahan Ali Khan (Md) and others……………Petitioners Vs. Government of Bangladesh and others..................................Respondents Judgment October 26, 1999. Cases Referred To- Province of East Pakistan and others Vs. Sirajul Hoque Patw......ion of Article 116A of the Constitution. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 99. ..Category: Alternative Dispute Resolution | Date: | Hits: 191
Humayun Majid Vs. Bangladesh Bureau of Anti-Corruption and ors., 2000, 29 CLC (HCD)
....t, the Rule is made absolute with cost of Taka 5,000 against the respondent No. 6 and no order as to cost is made against other respondents. Ed. This Case is also Reported in: 54 DLR (2002) 12. ......aterial statements of the petitioner as to his title ad ownerships in the suit property. The respondent No.6 and the respondent Nos. 7 to 14 have mainly stated that Anti-Corruption Bureau has got the power to issue the notice upon the petitioner on the allegation that the petitioner made certain fal......ecember 3, 2000. Case Referred To- Durga Das vs Emperor, AIR 1943 Lahore 28. Lawyers Involved: MI Farooqui with Ruhul Quddus, Advocates—For the Petitioner. Hasan Shaheen, Deputy Attorney- the Respondents 1-5. SM Munir Advocate—For the Respondent No. 6. Writ Petition No. 7......clared to have been taken without any lawful authority and to be of no legal effect. 2. The short facts leading to the issuance of the Rule are, that the then Government of erstwhile East Pakistan granted lease of a piece of land measuring 10.88 kathas to M/S M Enam Elahi & Brothers, a family..Category: Anti-Corruption Laws | Date: | Hits: 232
Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)
....he appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 39. ......endant No. 3 were present Sahid Khan, Rafique Ahmed, Nasir Uddin and others. In paragraph 8 of the plaint, name of PW 1 Md. Amjad Hossain was not mentioned. The plaintiff appointed Amjad Hossain by a power of attorney dated 16‑10Â-2000, exhibit 1 as an attorney to depose on his behalf in the suit......a contract dated 2‑4‑1985. 2. On 23‑5‑1991 respondent No. 1 Md. Seraj-ud‑Dowla instituted Title Suit No. 176 of 1991 in the 2nd Court of Subordinate Judge at Dhaka, which was on transfer to the above court renumbered as Title Suit No. 14 of 2001. Plaintiff instituted the suit for specif......he appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 39. ..Category: Civil Law | Date: | Hits: 78
Abdul Kader Mirza and another Vs. Bangladesh, 2003, 32 CLC (HCD)
....he Writ Petition No. 5951 of 2003 is disposed of with the direction as given above and Writ Petition No. 6047 of 20031 is rejected summarily. Ed. This Case is also Reported in:56 DLR (2004) 31. ...... Constitution and that sections 5 and 6 of the Ain have given scope to pick and choose any person and that the impugned Notification in question is arbitrary, discriminatory and mala fide exercise of power by the respondents in transferring the case in question and that in as much as the petitioner ......omar Kundu, Advocates-For the Petitioner (In Writ Petition No. 5951 of 2003). Md. Saifuddin Khaled, Advocate-For the Petitioner (In Writ Petition No. 6047 of 2003). Adilur Rahman Khan, Deputy Attorney‑General with Razik‑Al‑Jalil, Assistant Attorney-General-For the Respondents (In both th......he Writ Petition No. 5951 of 2003 is disposed of with the direction as given above and Writ Petition No. 6047 of 20031 is rejected summarily. Ed. This Case is also Reported in:56 DLR (2004) 31. ..Category: Criminal Law | Date: | Hits: 50
Abul Hossain and others Vs. State and another, 2003, 32 CLC (HCD)
....esolved and decided in the case only on a proper discussion and assessment of evidence on record. This application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 12. ......caused in lodging the FIR and that the evidence given by the pregnant female witness was not trustworthy. 11. We have examined ourselves both the judgments of the Courts below. While exercising power under section 439A Cr.P.C., the Sessions Judge, under the present scheme of law, shall exercis...... Gour Gopal Saha J Abdus Salam Mamun J Abul Hossain and others……………..Petitioners Vs. State and another……..Opposite Parties Judgment July 16, 2003. Cases Referred to- Mosleuddin (Md) vs. State, 42 DLR (AD) 160; Kashem vs. State 40 DLR (AD) 294; Abdus Salam vs.......esolved and decided in the case only on a proper discussion and assessment of evidence on record. This application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 12. ..Category: Criminal Law | Date: | Hits: 34
Shahinur Alam @ Shahin Vs. State, 2003, 32 CLC (HCD)
.... merit. Communicate the order at once to the Nari‑oÂ-Shishu Nirjatan Daman Tribunal, Rangpur for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 10. ......atan Daman Tribunal, Rangpur accused preferred the appeal before this Court. 8. Mr. Md. Abdus Samad Miah, the learned Advocate appearing for the appellant, submits that although the Court has wide power under section 540 of the Code of Criminal Procedure to call for any evidence not earlier recor......ellate Jurisdiction) Present: Gour Gopal Saha J Zubayer Rahman Chowdhury J Shahinur Alam @ Shahin ..................Appellant Vs. State...................Respondent Judgment October 26, 2003. Case referred to- Nazrul Islam @ Montu vs. State, PLD 1975 Lahore 1431. Law...... merit. Communicate the order at once to the Nari‑oÂ-Shishu Nirjatan Daman Tribunal, Rangpur for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 10. ..Category: Criminal Law | Date: | Hits: 37
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