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Annada Prosad Das Vs. DC, Khulna and others, 2001, 30 CLC (HCD)
....ppeal is allowed, the judgments and decrees of the Courts below are set aside and the suit is decreed in full. No order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 496....... is qualified to be deemed to be a citizen of Bangladesh under Article of this Order, the question shall be decided by the government which decision shall be final. (4) The government may, upon an application made to it in this behalf in the manner prescribed, grant citizenship to any person. ..Category: Immigration and Citizenship Law | Date: | Hits: 190
Anindra Bhusan Ghose Vs. Bangladesh Government, 2001, 30 CLC (HCD)
....l. For the reasons and discussions made above, I find no merits in this appeal. In the result the appeal is dismissed. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 493.......e. Thus submission has no legal force because the transfer took place in the year 1952 before the State Acquisition and Tenancy Act came in the locality and hence as there is no agreement there is no application of section 95 or 95(a) of the State Acquisition and Tenancy Act in this legal conflict. ..Category: Property Law | Date: | Hits: 85
....issioner has set aside the order of the Deputy Commissioner and sent the case record to the Deputy Commissioner without giving any direction as to whether the Deputy Commissioner shall hear the suit afresh or not. Even, he did not set aside the order of dismissal of the opposite party from the servi......er wholly or with modification in the Chittagong Hill Tracts. However, we are of the view that any aggrieved party against the decision of the Divisional Commissioner in Civil matters can maintain an application under Article 102 of the Constitution and not a revision petition under section 115(1) C..
Category: Civil Law | Date: | Hits: 89
Parul Bala @ Parul Rani Shah Mondol Vs. Suruj Miah and others, 2001, 30 CLC (HCD)
....)68 is disposed of accordingly, the judgments and decrees of, the Courts below are set aside. The suit is decreed in full. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 481.......s not have any leg to stand. 21. Mr. Bhuiyan submits that no fraudulent intention from any corner in releasing the property found in the record. Mr. Bhuiyan further submits that although no formal application has been exhibited showing prayer for releasing the property which was sold by the defen..Category: Property Law | Date: | Hits: 83
Titas Gas Vs. Immense Washing Plant and others, 2001, 30 CLC (HCD)
....DLR (AD) 6. Both the cases arise out of ordinary civil disputes over land. In the earlier case, a wall was raised blocking a passage violating an order of ad-interim injunction and in the later case, fresh pucca construction was made in spite of an order of status quo. In the cases, unlike the insta......d Sk Mohammad Morshed, Advocates—For Opposite Party No.1. Civil Revision No. 2866 of 2001. Judgment Md. Abdur Rashid J.- This Rule was obtained by the defendant No.4 upon making a revision application under section 115 of the Code of Civil Procedure against judgment and order dated 13-5-2..Category: Civil Law | Date: | Hits: 151
Milon @ Shahabuddin Ahmed Vs. State, 2001, 30 CLC (HCD)
....Vs. State reported in 35 DLR 41 and in this case it has been held that, “Neither P.W.9 nor P.W.10 was named in the first information report, nor in the charge-sheet. They came to depose certain fresh facts which contain some serious allegations against the accused. The Special Tribunal cannot ...... 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
Abdus Sukur (Md.) and others Vs. Bhasani Mandal and another, 2001, 30 CLC (HCD)
....gment and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452.......s. Garib Newaz with Maksuda Aktar—For Opposite Party No.1. Civil Revision No. 3535 of 2000. Judgment Md. Abdur Rashid J.- This Rule was obtained by the plaintiffs upon making a revision application under section 115 of the Code of Civil Procedure against judgment and decree dated 9-5-2..Category: Property Law | Date: | Hits: 75
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. ......d R Sobban, Advocate—For the Petitioner. Moksudur Rahman, Advocate—For Respondent No.3. Writ Petition No. 1672 of 1992. Judgment Anwarul Haque Chowdhury J.- This Rule arises out of an application under Article 102 of the Constitution of the People’s Republic of Bangladesh and is di..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. ......acturing and selling rickshaw tyres using a device of two double elephants similar to the Trade Mark of the plaintiff. 3. After filing the plaint, on the aforesaid averments, the plaintiff made an application under Order XXXIX rules 1 and 2 of the Code of Civil Procedure for temporary injunction ..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.
......signatures on the back page of the bainapatra, i.e. even after his death. In Title Suit No.54 of 1986 while substituting, he submits, the heirs of Ali Mohammad Abbas it was stated in the substitution application that he died in 1979. He lastly, submits that Government has effectively been managing t..
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. ......iyan, Advocate—For the Appellant. MA Rahim Bhuiyan, Assistant Attorney-General— For the Respondent. Reference Application No. 23 of 1993. Judgment Syed Amirul Islam J.- This reference application filed under section 160 of the Income Tax Ordinance, 1984 (hereinafter called “the Ord..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. ...... Lawyers Involved: Md. Altaf Hossain, Advocate—For the Applicant. Not represented—the Respondent. Reference Application No. 78 of 2000. Judgment Syed Amirul Islam J.- This is an application filed under section 5 read with section 14 of the Limitation Act, for condonation of del..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. ...... should not be enlarged on bail in the said case. 2. Pending hearing of this Rule another Division Bench of this Division vide their order dated 17-8-2000 granted bail to the petitioners 1-3 on an application filed by them. 3. The prosecution case, in short, inter alia, is that the informant o..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. ......xure-D the petitioner served a demand of justice notice on 5-11- 98 requesting the respondents to withdraw the notice but without any result. Thereafter, the petitioner moved this Court by filling an application under Article 102 of the Constitution and obtained the Rule as aforesaid. 3. The resp..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.......yers Involved:
MA Noor, Advocate—For the Applicant.
Not represented— the Respondent.
Income Tax Reference Application No. 216 of 1991.
Judgment
Syed Amirul Islam J.- This reference application is at the instance of the assessee applicant company which was assessed to income tax fo..
Category: Fiscal/Taxation Law | Date: | Hits: 101
Abdul Mannan and another Vs. Bangladesh, 1999, 28 CLC (HCD)
.... Petition No.2259 of 1998 are discharged without any order as to costs. The order of stay granted earlier in both Rules are hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 471. ......position filed by the respondents denying the allegations/statements made in the affidavit-in-opposition and reiterating the statements made in the writ petition and annexing two documents namely, an application dated 10-5-99 written by the Chairman of Choumuhani Pourashava requesting the Thana Stat..Category: Election Law | Date: | Hits: 97
A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....sed Officer may think fit to impose. Such sanction shall remain valid for a period of three years from the date of sanction and on expiry of the period, the applicant shall have to apply and obtain a fresh sanction. 45. Under sub-section 2 of section 3, a Committee, namely, Building Construction ...... Dhaka Metropolitan City Development Plan (1995-2000) and submitted that the nature and scope of development of the old Tejgaon airport area was still pending to be finalised. So there is no scope of application of the Civil Aviation Rules, 1984. 40. Whether the RAJUK acted within its lawful auth..Category: Property Law | Date: | Hits: 125
Osena Begum alias Babuler Ma and another Vs. State, 2003, 32 CLC (HCD)
....r case. Let a copy of this judgment be sent to the learned Additional Sessions Judge for his guidance. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 299. ......fore concluding on the issue, we must record when a new law is made to prevent heinous crimes of newer dimension, the Court is expected to be fully abreast of such new law and more circumspect in its application. That does not mean that the Court should not take the pains of the victim intimately an..Category: Criminal Law | Date: | Hits: 49
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. ......e Defence of India Rules made under the Defence of Indian Act, 1939, which were similar to the Regulation and the Emergency Powers (Defence) Act, 1939 under which the said Regulation was made on an application under section 491 of the Code of Criminal Procedure. There were two rules in Defence o..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. ......plicable in all cases. This rule disentitling a party to object to the admissibility of secondary evidence in appeal, when no objection was taken in the Court of first instance can not have universal application. The rule contained in section 65 which excludes secondary evidence is not so rigid as t..Category: Property Law | Date: | Hits: 127
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