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Ratan Sarder and others Vs. Bishai Bepari and others, 2009, 38 CLC (AD)
....vocate for the appellants and as such, find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 788. ...... the above document is also a paper transaction. 3. The defendant No.1 contested the suit filing written statement contending, inter-alia, that the suit is not maintainable and is also barred by principle of waiver, acquiescence and estoppel; Nazimuddin Sarder, being the owner of his share to t......vocate for the appellants and as such, find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 788. ..Category: Property Law | Date: | Hits: 28
Abdul Mannan Sheikh (Md) Vs. Soleman Bewa and others, 2007, 36 CLC (HCD)
....vacated. Send down the lower Court's record at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 392. ......of transfer of property by pardanashin lady is insisted when the transferee stands in a fiduciary relationship with the lady." 20. From the definition of Heba-bil-Iwaz itself and also from the principles of law involved it is clear that the transaction of Heba-bil-Iwaz is, in fact, a sale. Th......e and, (2) a bona fide intention on the part of the donor to divest himself in present of the property and to confer it upon the donee. The adequacy of consideration is not material; but whatever its amount, it must be actually and bona fide paid (a) Such a transaction is called the Heba-bil-Iwaz of..Category: Property Law | Date: | Hits: 26
Syed Salahuddin Ahmed Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....y each of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs and the Ministry of Communication. Ed. This Case is also Reported in: 59 DLR (2007) 388. ......ny particular case or cases, the action of the Government would be liable to be struck down, unless it can be shown by the Government that the departure was not arbitrary, but was based on some valid principle which in itself was not irrational, unreasonable or discriminatory." 15. The above ......e petitioner would use the land for the purpose of washing vehicles, supply of oil (petrol, diesel, mobil, etc.). The leasehold property was a very low lying land and the petitioner had to spend huge amount of money to develop it for the purpose of establishment of a 'petrol pump'. After that, the p..Category: Constitutional Law | Date: | Hits: 200
Khorshed Alam Khan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....Lakshmipur by declaring in the official Gazette that LA Case No. 34 of 1993-1994, so far as it relates to the petitioner's land, is abated. Ed. This Case is also Reported in: 59 DLR (2007) 383. ......Lakshmipur by declaring in the official Gazette that LA Case No. 34 of 1993-1994, so far as it relates to the petitioner's land, is abated. Ed. This Case is also Reported in: 59 DLR (2007) 383. ...... and shall, unless prevented by some one or more of the contingencies mentioned in subsection (2), pay it to them within sixty days from the date of deposit by the requiring person of the estimated amount of compensation under section 7(3). (2) If the persons entitled to compensation do not con..Category: Property Law | Date: | Hits: 57
Bangladesh Film Development Corporation Vs. Chairman, Labour Court & another, 2007, 36 CLC (HCD)
....discharged. The stay order passed at the time of issuance of these Rules is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 379. ......ss favourable to the express provision of the Standing Orders Act that provision, in our view, is void ab initio." 25. The facts and circumstances of the case in hand are identical. Therefore, the principle expressed in the case referred to above fully applies to the facts and circumstance of the......discharged. The stay order passed at the time of issuance of these Rules is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 379. ..Category: Labour and Industrial Law | Date: | Hits: 181
State Vs. Kajal Ahmed Jalali, 2007, 36 CLC (HCD)
....thwith if not wanted in connection with any other case. Send down the LCRs along with a copy of the judgment to the Court below forthwith. Ed. This Case is also Reported in: 59 DLR (2007) 345.......have been recorded by the Magistrate on 8-2-2003 i.e. after more than 1 1/2 years from the date of occurrence. Therefore, such a belated statement is also unworthy of credit. This is a well settled principle by several case decisions in our jurisdiction. 147. In this case as many as 7 Magistrat......d the suggestion that Shujan could not be his friend and that he was not of same status. He said that he went to Mouchak market by a black taxi-cab which had taken 20/25 minutes. He could not say the amount he paid to the taxi driver. He was unable to say about the time which he took for coming to J..Category: Criminal Law | Date: | Hits: 109
Bonlac Foods Ltd. Vs. Unilac Sanowara (BD) Ltd. & another, 2005, 34 CLC (HCD)
....ty for costs may be returned to the learned Advocate appearing on behalf of the petitioner. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 332. ......d 11 years after the registration of the impugned trademark on 11th August 1991, it is barred under the provisions of section 24 of the Act. It is also contended that the application is barred by the principles of waiver, estoppel and acquiescence and also under section 25 of the Act. It is further ......ty for costs may be returned to the learned Advocate appearing on behalf of the petitioner. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 332. ..Category: Intellectual Property Law | Date: | Hits: 199
N Mohd Engineering Industries Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
.... as formulated in paragraph No. 7 of the application in the negative and in favour of the assessee. The parties will bear their own costs. Ed. This Case is also Reported in: 54 DLR (2002) 132....... as formulated in paragraph No. 7 of the application in the negative and in favour of the assessee. The parties will bear their own costs. Ed. This Case is also Reported in: 54 DLR (2002) 132.......sh in ITA No. 2469 of 1993-94 (Assessment Year 1991-92). 2. The assessee applicant company filed income tax return for the assessment year 1991-92 showing loss of Taka 62,97,836 which include loss amount of Taka 5,5 8,424 incurred during the year. In response to notices under sections 83(I) and 7..Category: Fiscal/Taxation Law | Date: | Hits: 72
Bhaskar Chakraborty Vs. State, 2006, 35 CLC (HCD)
.... accused petitioner is directed to appear before the trial Court to face trial. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 325. ...... Advocate, Mr. Md. Abdun Noor, appearing on behalf of the informant opposite party No. 1 and perusing the FIR and all other materials on record, it appears that the accused petitioner relied upon the principle that the alleged transaction being the business transaction is immune from the allegation ......he accused petitioner was allowed under written contract to act as Commission Agent in the year 1998. The accused petitioner, accordingly, was given the product of the Lever Brothers on credit for an amount of Taka 21,89,536 00 out of which a balance amount of Taka 16,72,301 40 has been left with th..Category: Criminal Law | Date: | Hits: 81
AKM Shamsuddin Vs. Secretary, Ministry of Establishment and others, 2007, 36 CLC (HCD)
....ny merit in this Rule. 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: 59 DLR (2007) 312. ......uthority. The learned Counsel adds that before taking decision to cancel the appointment of the petitioner, no opportunity of being heard was given to him, hence there has been gross violation of the principle of natural justice in passing the impugned order and, as such, the same is liable to be de......ny merit in this Rule. 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: 59 DLR (2007) 312. ..Category: Employment/Service Law | Date: | Hits: 76
Eskayef Bangladesh Ltd. Vs. Commissioner of Taxes, 2004, 33 CLC (HCD)
....and against the Department but other costs mentioned in the said question are answered in the affirmative. No order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 308. ......and against the Department but other costs mentioned in the said question are answered in the affirmative. No order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 308. ......the DCT and the Appellate Tribunal acted illegally in not accepting the same as a whole. Mr. Altaf Hossain lastly submits that the Appellate Tribunal committed error of law in not allowing the entire amount of perquisites paid to the employees of the company, and, as such, the questions formulated i..Category: Fiscal/Taxation Law | Date: | Hits: 64
Monwar Mallik Vs. State, 2007, 36 CLC (HCD)
.... be set at liberty forthwith if not wanted in any other case. Send down the LCR at once along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 301. ...... be set at liberty forthwith if not wanted in any other case. Send down the LCR at once along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 301. ......se doubtful. In the circumstances, what is apparent in the face of the record has to be taken as real unless the contrary is proved by convincing evidence. Thus it is difficult to conclude with any amount of certainty that the victim was actually raped by the accused. 37. In the instant case, t..Category: Criminal Law | Date: | Hits: 38
....ubstance in the submission of the learned Counsel for the appellant.
Accordingly, the appeals are dismissed.
Ed.
This Case is also Reported in: 15 BLC (AD) (2010) 210, 16 MLR (AD) (2011) 447.......ubstance in the submission of the learned Counsel for the appellant.
Accordingly, the appeals are dismissed.
Ed.
This Case is also Reported in: 15 BLC (AD) (2010) 210, 16 MLR (AD) (2011) 447.......than the sale figures shown on five sale deeds produced before the Court. He further held that the learned arbitrator and subordinate Judge in his judgment had given cogent reason for enhancing the amount of award.
7. The appellant then filed writ petitions which were also discharged by the Hig..
Category: Property Law | Date: | Hits: 37
Titas Gas Transmission and Distribution Co. Ltd. Vs. Shams Company and others, 2001, 30 CLC (HCD)
....unity of hearing to both parties and as soon as within six months, from the date of receipt of the records. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 128.......unity of hearing to both parties and as soon as within six months, from the date of receipt of the records. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 128.......ff is entitled to a decree for Taka 43 (forty-three) lac only as value of the suit land and compensation for his loss of business or earnings from the year 1982 to December, 1989 and interest on this amount at the rate of 12% which the defendant No. I is liable to pay within a period as per directio..Category: Property Law | Date: | Hits: 31
Eastern Hardware Store Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....n favour of the applicant. Accordingly, the questions raised in the reference are answered as above. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 125. ......the applicant preferred an appeal before the learned Appellate Additional Commissioner of Taxes which was registered as Appeal No. 684 of 1991-92 and the Appellate Additional Commissioner of Taxes on principle maintained the order of the Deputy Commissioner of Taxes but reduced the estimate of sale ......ion of law can be agitated by the applicant even before the Appellate Tribunal and it was the legal obligation of the Tribunal to decide the point of merits in view of the admitted fact that the said amount was spent by the applicant. It, thus, appears that the judgment of the Appellate Tribunal suf..Category: Fiscal/Taxation Law | Date: | Hits: 65
Md. Jamal Uddin Vs. Dr. ABM Morshed Alam, 2010, 39 CLC (AD)
....r books is dispensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 1016. ......r books is dispensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 1016. ...... as loan at his house but the accused did not re-pay the said money to him in time; as a result, he requested the accused to pay the same and at one stage of request the accused gave a current cheque amount of TK. 5,00,000.00(five lacs) and after receiving the said cheque the complainant on the same..Category: Criminal Law | Date: | Hits: 39
Mrs. Rokeya Begum Vs. Chartered Credit and Co-operative Limited, 2010, 39 CLC (AD)
....dated 02.06.2009 passed by the High Court Division in Criminal Miscellaneous Case No.1709 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 1011. ......dated 02.06.2009 passed by the High Court Division in Criminal Miscellaneous Case No.1709 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 1011. ......984 and the accused petitioner is the member of the said society and she obtained loan of TK. 23,00,000.00 with a condition to pay the said loan within 90 days but failed to pay in time although same amount was paid; that the accused paid part of money by cheque dated 15.02.2006 from saving account ..Category: Criminal Law | Date: | Hits: 45
Mokbul Hossain Vs. Government of Bangladesh & ors., 2002, 31 CLC (HCD)
....illegally and as such we find no substance in the Rule and the same liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 118. ...... detention. 10. As regards the pending cases, we find that a case involving a grave offence is pending. Mr. Islam has argued that in that case this court already granted him anticipatory bail. The principle which is followed in respect of granting bail can not apply in case of preventive detentio......illegally and as such we find no substance in the Rule and the same liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 118. ..Category: Criminal Law | Date: | Hits: 34
Mokim alias Md. Mokim Vs. State, 2002, 31 CLC (HCD)
..... Let the appellant be set at liberty forthwith if not wanted in connection with any other case. Send down the case record expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 81. ......d as if the repealing Act or Regulation had not been passed." 18. In this regard we may refer to a decision reported in 29 DLR (SC) 101 Akhter Hossain Vs. State wherein it is held: "The general principle that one enactment which is repealed is to be treated as if it had never existed is subjec......of Azizul Haque Malita from his house at village Gopalnagar when he was sleeping in his verandah of his dwelling house At the time of abduction the miscreants ordered his family members to arrange at amount of Taka 20,000 as subscription and also asked them that they would make communication through..Category: Criminal Law | Date: | Hits: 38
Ambia Khatun Vs. Bangladesh and others, 2009, 38 CLC (AD)
....ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 200. ......diction or made any finding upon no evidence or without considering any materials evidence and facts causing prejudice to the complaining party or that it had acted mala fide or in violation of any principle or natural justice. 7. The learned Additional Attorney-General, appearing for the res......ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 200. ..Category: Property Law | Date: | Hits: 30
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