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Shahjahan (Md) Vs. State, 2000, 29 CLC (HCD)

....months. Send down the original case record at once with a copy of the Judgment for perusal and necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 268. ...... section 30, it is not necessary that the confession should implicate the maker substantially to the same extent as it implicates the co-accused against whom it is sought to be used. According to the principles laid down in this ruling, the disputed confession Exhibit 3 may be considered as a confes......months. Send down the original case record at once with a copy of the Judgment for perusal and necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 268. ..

Category: Criminal Law | Date: | Hits: 38

Abdul Samad Gazi Vs. Abdul Khalil Gazi and others, 2000, 29 CLC (HCD)

.... Munsif is hereby affirmed. In the result, the Rule is made absolute but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 53 DLR (2001) 262....... Munsif is hereby affirmed. In the result, the Rule is made absolute but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 53 DLR (2001) 262....... The deposition of the DW 7 is found to be contradictory to the deposition of the defendant No.1 (DW 1) and other witnesses adduced on his behalf who deposed that the defendant No.1 received the loan amount of Taka 150.00 from the DW 7 and handed him over the blank stamp paper with his signatures on..

Category: Civil Law | Date: | Hits: 94

Dinesh Chandra Deb Vs. Dulal Chandra Karmakar and others, 2001, 30 CLC (HCD)

.... vacated. Let a copy of the judgment be communicated to the learned Senior Assistant Judge concerned. Send down the LC record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 259.......ures so written with any words or figures alleged to have been written by such person. The section applies also, with necessary modifications, to finger impressions.” (emphasis supplied) 15. The principle enunciated in the case of State (Delhi Administration) Vs. Pali Ram reported in AIR 1979 (...... vacated. Let a copy of the judgment be communicated to the learned Senior Assistant Judge concerned. Send down the LC record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 259...

Category: Procedural Law | Date: | Hits: 85

Star Medical Store Vs. Subordinate Judge, Artha Rin Adalat and other, 2001, 30 CLC (HCD)

....ears by this time. For the reasons and discussions made above, this writ petition does not merit and accordingly it is rejected summarily. Ed. This Case is also Reported in: 53 DLR (2001) 254.......law and disposed of by the Martial Law Court was decided. In view of the facts and circumstances of the instant Case which comes within the ambit of Civil Procedure Code and differs both in facts and principle with the case of the cited decision the said principle is not applicable. Mr. Karim cites ......e if the suit would have been tried as an ordinary money suit as covered by the Civil Procedure Code the petitioner could have filed an appeal on payment of ad valorem court fee only, on the decretal amount and within 90 days from the date of the decree, But as the instant suit has been decided as a..

Category: Civil Law | Date: | Hits: 93

Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)

....e Rules are discharged without any order as to costs. The order of stay granted by this court earlier the above Rules, are hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 237....... law to issue licence of permanent Nikah Registrar. The learned Counsels have further submitted that curtailment of the area without any notice to the Nikah Registrar having been done contrary to the principle of natural Justice is not sustainable in law, inasmuch as, a permanent Nikah Registrar is ......ter alia, that he having been appointed after the coming into operation of 5A on 27-2-94 and continued as such for more then 2(two) years was not liable to be removed from his Additional Charge which amount to cancellation of the licence of the petitioner for the said No. 4 Annadanagar Union. 22...

Category: Constitutional Law | Date: | Hits: 109

Abdul Hamid Chowdhury and others Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)

.... Accordingly, we answer both the questions in the negative and in favour of the assessee applicant, however, without any order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 234....... Accordingly, we answer both the questions in the negative and in favour of the assessee applicant, however, without any order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 234.......-93 showing a total income of Taka 93,916.00 but in assessing the total income of the assessee applicant the DCT estimated gross income from profession at Taka 3,00,000.00 and deducted expenses of an amount of Taka 1,25,000.00 and thus computed net income from profession at Taka 1,75,000.00 as again..

Category: Fiscal/Taxation Law | Date: | Hits: 64

Mojibul Haque (Md) Vs. Ataur Rahman and others, 2000, 29 CLC (HCD)

.... of the suit independently. The Rule is accordingly discharged without any order as to costs. The stay order granted by this Court stands. Ed. This Case is also Reported in: 53 DLR (2001) 229.......order of temporary injunction. In support of such proposition he has made reliance upon a decision reported in AIR 1959 (Mysore) 75. I need not discuss the said decision for inasmuch as the aforesaid principle has been settled by our apex court. He also placed reliance upon the Case reported in 47 D...... of the suit independently. The Rule is accordingly discharged without any order as to costs. The stay order granted by this Court stands. Ed. This Case is also Reported in: 53 DLR (2001) 229...

Category: Administrative Law | Date: | Hits: 146

Fulbaria Adarsha Market Dokandar Malik Samity Vs. Fulbaria Adarsha Market Khatigrashta Kallyan Samabaya Samity Dokandar & others, 2001, 30 CLC (HCD)

....im order of injunction in mandatory form dated 29-11-2000 is hereby set aside. No order as to cost. Communicate this order to the Court. Ed. This Case is also Reported in: 53 DLR (2001) 220. ......injunction) is granted only to restore the status quo and is not granted to establish a new state of things different from the state which existed at the date when the suit was instituted.” This principle was approved by our Appellate Division in the case of Abdul Jalil, “if a party to a s......im order of injunction in mandatory form dated 29-11-2000 is hereby set aside. No order as to cost. Communicate this order to the Court. Ed. This Case is also Reported in: 53 DLR (2001) 220. ..

Category: Civil Law | Date: | Hits: 84

Pubali Bank Ltd. Vs. Abdul Jalil Bhuiyan, 2000, 29 CLC (HCD)

.... principal amount. We also find that the Learned Execution Court, clearly violated the provision of the Artha Rin Adalat by giving time to the judgment debtor for satisfaction of the decretal dues by installments extending over a period of one year. We are, therefore satisfied that the learned execu......rected to dispose of the execution Case with utmost expediency. Communicate the order of the court to the learned execution court at once. Ed. This Case is also Reported in: 53 DLR (2001) 217.......ase are that, the petitioner Bank as plaintiff instituted a suit in the court of the Artha Rin Adalat and Subordinate Judge, 2nd Court Madaripur being Money Suit No. 83 of 1991, for realisation of an amount of Taka 13,23,315.09 as outstanding dues as on 28-3-91. During the pendency of the suit the d..

Category: Civil Law | Date: | Hits: 92

Titas Gas (T & D) Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)

....the affirmative and against the assessee applicant and we refrain from answering the other questions. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 209. ......n mercantile system a liability accrued, though to be discharged at a future date, would be a proper deduction while working out the profits and gains of his business regard being had to the accepted principles of commercial practice and accountancy. It is not as if such deduction is permissible onl......the disallowance in profit and loss account and these questions have been formulated in the following terms: “Whether, the Taxes Appellate Tribunal was justified in not allowing deduction of the amount as deducted as Jamuna Bridge Levy, and In reference Application Nos. 47 of 1994 and 48 of 199..

Category: Fiscal/Taxation Law | Date: | Hits: 82

Bangladesh Water Development Board Vs. Contractor, Manu Barrage, 2000, 29 CLC (HCD)

....ll realisation. The parties are directed to bear their own respective costs. Send down the record of the case without any further delay. Ed. This Case is also Reported in: 53 DLR (2001) 200. ......the plaintiff. The defence Case, in brief, is that the suit as framed is not maintainable, there is no cause of action for the suit, the suit is barred by limitation and also bad for being hit by the principle of estoppel, waiver and acquiescence. The suit was motivated and based on greed of the pla......to the full satisfaction of the defendants. On 5-12-1982 the plaintiff submitted his final bill being No.50 which stood at Taka 16,03,278.00 on account of outstanding dues out of bill Nos. 46-49. The amount having not been paid, on 3-7-1983 the plaintiff made a representation to the Chairman of the ..

Category: Civil Law | Date: | Hits: 132

Motaleb Hossain (Md) Vs. State and another, 2000, 29 CLC (HCD)

.... Magistrate ‘Ka’ Zone, Sirajganj is quashed. The accused petitioner is discharged from his bail bonds. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 198. ......f the accused petitioner who is close relation of the complainant. Under such circumstances a request cannot be considered as false representation or inducement. In this connection we may rely on the principle laid down in the case of Md. Habib Vs. State as reported in 4 MLR 334. 6. As regards th......h the parties. In the Case reported in 46 DLR (AD) 180, we find that the accused took delivery of jute worth Taka 83,059 and made payment of Taka 40,000 in cash and gave an assurance that the balance amount would be paid within three days. In this case the Appellate Division held the view that as th..

Category: Criminal Law | Date: | Hits: 42

Hazi Sanjob Ali Vs. Hurmuj Ali and others, 2010, 39 CLC (AD)

.... the judgment of the trial court that correctly dismissed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 513....... the judgment of the trial court that correctly dismissed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 513....... of Jhamok who exe­cuted a registered kabuliat in their favour on 30th As win, 1325 B.S. the land was originally laik patit in nature and the set­tlement holders reclaimed the same by spending huge amount of money and labour they also paid rent of the same to the zaminder shreesta. The plaintiffs ..

Category: Property Law | Date: | Hits: 28

Ebrahim Steel Re-Rolling Industries (Pvt.) Limited Vs. Bangladesh and others, 2010, 39 CLC (AD)

....we find no sub­stance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 495. ...... writ-petitioner having paid the entire amount as determined by the Bank within the time fixed by the bank, the bank is bound by its promise which was acted upon by the writ petitioner in view of the principle of law. The learned Advocate further submitted that the writ-petitioner having paid the en......99 decreeing the suit for the sum of TK.2,42, 28,435.80 and foreclosing the mortgage. 2. The facts involved in the case, in short, are that the respondent No.4-Sonali Bank sanctioned loan of total amount of TK.80,00,000.00 to this writ-petitioner company in the year 1988 on condition amongst othe..

Category: Banking Law | Date: | Hits: 95

Md. Abdul Kader Vs. Bangladesh Road Transport Corporation, 2010, 39 CLC (AD)

....ay. Security of Tk. 1,000/- is to be deposit­ed within 1(one) month. Preparation of the paper book is dis­pensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 481....... licence or knowledge in respect of driving which had been clearly stated before the enquiry officer as such the labour court has acted with lawful author­ity allowed the case to the effect that the principle of natural justice has been denied to the petitioner while dismissing him from service ina......ay. Security of Tk. 1,000/- is to be deposit­ed within 1(one) month. Preparation of the paper book is dis­pensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 481...

Category: Labour and Industrial Law | Date: | Hits: 79

Prime Finance and Investment Limited Vs. Delwar H. Khan and others, 2009, 38 CLC (AD)

....pace was fixed at TK.41,28,960.00. On 17.07.2000 the Company paid TK. 16,51,58400 as book­ing advance for the said office space. The rest of the amount of TK. 24,77,376.00 was payable in eight equal installments of TK. 3,09,67200 each to be paid on 07.08.2000, 07.09.2000, 07.10.2000, 07.11.2000, 07......he above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 459. ......an Avenue, Gulshan-1, Dhaka. The price of the office space was fixed at TK.41,28,960.00. On 17.07.2000 the Company paid TK. 16,51,58400 as book­ing advance for the said office space. The rest of the amount of TK. 24,77,376.00 was payable in eight equal installments of TK. 3,09,67200 each to be paid..

Category: Company Law | Date: | Hits: 197

Tafazzal Hossain Vs. Bangladesh, 2009, 38 CLC (AD)

....reparation of paper book is dispensed with as prayed for. The order of stay granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 451. ......ll be guar­anteed and in which effective participation by the people through their elected repre­sentative in administration at all levels shall be ensured." To give full effect to this fundamental principle of state policy the function of the municipality must be entrusted to a body composed of p......reparation of paper book is dispensed with as prayed for. The order of stay granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 451. ..

Category: Election Law | Date: | Hits: 92

Anti-Corruption Commission Vs. Dr. Muhiuddin Khan Alamgir and others, 2010, 39 CLC (AD)

....dy been acquitted on merit of the case as is in this case. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 290, VIII ADC (2011) 78. ......dy been acquitted on merit of the case as is in this case. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 290, VIII ADC (2011) 78. ...... of the Emergency Powers Rules, 2007. 3. The learned Special Judge, on examination of witnesses and other evidence on record, found the respondent no. 1 guilty of the charges of concealing various amounts and possessing those beyond his known source of income and on those findings, by his Judgmen..

Category: Anti-Corruption Laws | Date: | Hits: 231

Anti Corruption Commission Vs. Shah Alam Chowdhury and others, 2007, 36 CLC (AD)

....ith as prayed for. Order of the High Court Division dated 11th November, 2007 passed in Writ Petition No.9613 of 2007 is stayed till hearing of the appeal. Ed. This Case is also Reported in: ......ith as prayed for. Order of the High Court Division dated 11th November, 2007 passed in Writ Petition No.9613 of 2007 is stayed till hearing of the appeal. Ed. This Case is also Reported in: ......ort with Ramna Police Station, Dhaka Metropolitan Police, Dhaka on 15.02.2007 against the petitioner and 2 others showing the date of occurrence as 19.06.2002 alleging, inter-alia, that the 4% of the amount received against lease money of hat-bazar of the country under the Ministry of local Governme..

Category: Anti-Corruption Laws | Date: | Hits: 159

Titas Gas Transmission and Distribution Company Limited Vs. Messrs Ashraf Ali Limes, Proprietor Md. Helaluddin and others, 2008, 37 CLC (AD)

.... to restore gas connection to plaintiff-respondent after receiving Tk. 24,65,256/- and to issue bills as per minimum charge and the rest Tk. 24,65,256/- is to be paid within next nine months in equal installments by the respondent-opposite party along with regular bills. 2. The facts, in short, ......is granted to consider the same. Security of Tk.1,000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ......2- petitioner and 4 other officers of the company in the Court of 1st, learned Subordinate Judge, Narayanganj seeking a declaration that the gas bills for the months of February, 1998 to August, 1998 amounting to Tk.11,15,044/60 are illegal and issued without jurisdiction and not binding upon the pl..

Category: Civil Law | Date: | Hits: 82