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Md. Turan Miah and others Vs. Anguri Bibi and others, 2010, 39 CLC (HCD)

.... Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent Nos.1 -14. Not represented-Respondent Nos. 15-34. Civil Appeal No. 123 of 2007. (From the judgment and order dated the 24th day of May, 2006 passed by the High Court Division in Civil Revision No.2915 of 1997)......ktipotra if the said document is proved as a document regard­ing title and therefore, non-consideration of so on a document while passing the judgment by the High Court Division results in erroneous decision and the lower appellate Court in its judgment fully con­sidered the legal effect of 'Shoro..

Category: Property Law | Date: | Hits: 74

Md. Nasrullah Chowdhury Vs. Mohammad Nurul Islam and others, 2010, 39 CLC (AD)

....cate instructed by Haridas Paul, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-24. Civil Petition for Leave to Appeal No. 53 of 2010. (From the judgment and order dated 26.08.2009 passed by the High Court Division in Civil Revision No. 189 of 2006.) Judgment ......it after deciding whether or not there was any consent of the parties to compromise the dispute. Accordingly the petition is disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 91...

Category: Property Law | Date: | Hits: 65

Shrimp and Fish Processing Plant Ltd and another Vs. Bangladesh Bank, Dhaka and others, 2006, 35 CLC (HCD)

....port as on 30-9-2002 (monthly)/ June 30, 2002 (Quarterly) being default Code No. 3912 issued and circulated by the Credit Information Bureau of Bangladesh Bank under reference No. CIB 3(7)/2002-13935 dated 4-11-2002 (reproduced in paragraph 7) should not be declared to have been made without lawful ....... The petitioners, inter alia, stated that since the respondent bank filed Money Suit No. 74 of 2002 before the Artha Rin Adalat for realisation of bank dues against the petitioner No. 1 company, any decision in the present writ petition may affect the Judgment that may be passed by the competent Ci..

Category: Business or Commercial Law | Date: | Hits: 251

Dr. Md. Abu Obaidah Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)

....pplication No. 118 of 2002. Judgment Zinat Ara J. - This reference application under section 160(1) of the Income Tax Ordinance, 1984 at the instance of the assessee has arisen out of the order dated 2-6-1998 passed by the Taxes Appellate Tribunal, Dhaka in Income Tax Appeal No. 2101 of 1995-1......essee appellant is the director of more than one company and he could not show any documentary evidence from the other company that he does not receive any remuneration therefrom and thus, upheld the decision of the Joint Commissioner. 6. Mr. Md. Mojibur Rahman, the learned Advocate for the appli..

Category: Fiscal/Taxation Law | Date: | Hits: 91

Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....dents. Writ Petition No. 437 of 2001. Judgment Md. Muzammel Hossain J. - This Rule was issued at the instance of the petitioner calling upon the respondents to show cause as to why the order dated 6-12-2000 passed by the Metropolitan Magistrate, Chittagong in Patenga PS Case No. 10 dated 24......le 102 of the Constitution where the alternative remedy is not efficacious or adequate and where the wrong complained of is inextricably mixed up. In support of his contention, he has referred to the decision in the case of Dhaka Warehouse Ltd. Vs. Assistant Collector of Customs and others reported ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 221

Abul Khair and others Vs. State, 2006, 35 CLC (HCD)

....tively. 2. All these four appeals are taken up together for hearing and disposed of by this common judgment as all of them have arisen out of the same judgment and order of conviction and sentence dated 6-5-2002 passed by the learned Divisional Special Judge, Chittagong in Special Case No. 151 of......und to have clearly exceeded one year, as such, the charge is totally a defective one which is clearly made in violation of proviso to section 222(2) of the Code of Criminal Procedure. 11. In many decisions it has been held that this defect of charge when it comes within the mischief of proviso o..

Category: Criminal Law | Date: | Hits: 53

Shawkat Ali (Md.) and others Vs. Divisional Forest Officer and others, 2006, 35 CLC (HCD)

....he brother of the petitioner as per Rule 9 of the Sylhet Forest Transit Rules 1951 which was subsequently transferred in the name of the present petitioner in the year 1991 being Licence No. 6150/179 dated 1-12-1991 (Annexure A). Having obtained the licence the petitioner completed all formalities a......serve forest Rajkandi Adampur and international land boundary and, as such, the petitioner's application for the renewal of the licence was refused rightly, legally and in accordance with law and the decision of the respondent was intimated to the petitioner and, as such, the Rule is liable to be di..

Category: Environmental Law | Date: | Hits: 551

Ashique Jeans Apparels Ltd and another Vs. National Board of Revenue and another, 2005, 34 CLC (HCD)

....er and now disposed of by this single judgment. In Writ Petition No. 4083 of 2002, the Rule Nisi was issued upon the respondents to show cause as to why Memos being file No. 11 (302) Anu; 1/2000/2563 dated 21-12- 2000 (Annexure-A) (wrongly stated in the prayer as well as in Rule issuing order as fil...... totally surprised and taken aback by the impugned letter dated 21-12-2000 refusing to grant tax holiday to the petitioner. The petitioner then wrote to the respondent No.1 for reconsideration of its decision stating that eight machines borrowed from a sister concern for 1 month were not old and on ..

Category: Fiscal/Taxation Law | Date: | Hits: 93

Abdur Rahim Chowkider @ Abdur Rahman Sheikh Vs. Raji Haider and others, 2006, 35 CLC (HCD)

.... 112 of 1991. Judgment Md. Abdur Rashid J. - Defendant No. 1 obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against judgment and decree dated 18-2-1990 passed by District Judge at Pirojpur in Title Appeal No. 8 of 1989 affirming those d......ather, it was the case of the plaintiffs that they came to know that the defendant No. 1’s father obtained a decree in respect of the suit land. As Courts of fact, lower Courts are required to give decision on proof, not doubt. Any decision based on doubt cannot be binding and/or sustained in revi..

Category: Property Law | Date: | Hits: 79

Abu Musa Kutub (Md.) Vs. Secretary, Election Commission and others, 2005, 34 CLC (HCD)

.... this application under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi was issued calling upon the respondents to show cause as to why the declaration of the candidate of respondent No.6 Md. Mir Kashem alias Mir Kashem for the post of Member of Ward No.4 in the e...... is discharged. The interim order passed at the time of issuance of the Rule, is herby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 450. ..

Category: Election Law | Date: | Hits: 87

Bangladesh Paribesh Andolan and another Vs. Bangladesh, represented by the Secretary, Ministry of Works and others, 2004, 33 CLC (HCD)

....arrying out any further construction of the impugned project. 6. Respondent No.1 filed an affidavit-in opposition denying the allegations of the petitioners and stating that there are Master Plans dated 12 March 1962, 3 May 1963, 21 December 1963, 10 May 1964, August 1964 and February 1965 wherei......e Minister, keeping in mind the similitude with the other buildings constructed under the supervision of Louis Kahn. However, the genius of Louis Kahn should not take precedence over the government's decision to build houses for the Speaker and the Deputy Speaker, which are meant for the use of the ..

Category: Environmental Law | Date: | Hits: 484

Wally Ahmed alias Babi Vs. State, 2005, 34 CLC (HCD)

....espondent-State. Criminal Appeal No. 1918 of 1994. Judgment SM Ziaul Karim J. - By this appeal convict appellant Wally Ahmed alias Babi has challenged the propriety of the judgment and order dated 19-9-1994 passed by the learned Additional Sessions Judge, 3rd Court, Dhaka in Session Case No......rosecution has failed to find out. With this regards he submits that such observation is absolutely an erroneous one of the learned Judge by which he evidently fell in error in coming to his ultimate decision occasioning failure of justice. 11. Mr. Md. Ibrahim Khalil, the learned Assistant Attorn..

Category: Criminal Law | Date: | Hits: 70

Nazrul Islam (Md.) and another Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....tion a Rule Nisi was issued calling upon the respondents is show cause as to why the impugned order under letter পউএ/ প্রকৌঃ/ খামার/ ২০০৪/ ২৪(১) ১৫৮৭ dated 1-9-2004 issued under the signatures of the Project Director, Expansion and Modernisation of D......ent that the petitioners can still vindicate their grievance through arbitration as contained in the contract. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 431...

Category: Business or Commercial Law | Date: | Hits: 186

Sk Md. Tariqul Alam and another Vs. ATM Matiul Islam, 2006, 35 CLC (HCD)

....ntiffs filed Title Suit No. 198 of 1997 for ejectment of a tenant from the suit premises in the Court of the learned Joint District Judge, 5th Court Dhaka which was decreed by the judgment and decree dated 11-5-2003 with the finding that the defendant is a tenant under the plaintiff. 4. Being agg......slam, the learned Advocate for the opposite party, submits that the delay is intentional and the petitioners have failed to explain the sufficient cause of delay. Mr. Majumder Saiful Islam refers the decision in the case of Additional Deputy Commissioner (Rev.) and Assistant Custodian, Vested Proper..

Category: Procedural Law | Date: | Hits: 116

Jamal Ahmed alias Jamal Vs. State, 2005, 34 CLC (HCD)

....Judgment Siddiqur Rahman Miah J. - This revisional application under section 439 of the Code of Criminal Procedure at the instance of Jamal Ahmed @ Jamal is directed against the judgment and order dated 1-11-2004 passed by the learned Sessions Judge, Sylhet, in Criminal Appeal No. 124 of 2004 pre......ge of the judgment as in section 18 of the Limitation Act. Furthermore, extension of time shall always be available if sufficient cause is shown for delay. 33. A somewhat similar point came up for decision in the case of Hakim Rai Vs. State before a full Bench of Punjab High Court, reported in AI..

Category: Criminal Law | Date: | Hits: 65

Abdus Sattar @ A. Sattar @ Sottar Vs. State, 2006, 35 CLC (HCD)

....suffer rigorous imprisonment for 10 years in Session Case No. 161 of 1994 arising out of Raujan Thana Case No. 8(3)/90 corresponding to GR 30/1990 by the judgment and order of conviction and sentence dated 15-3-2003 passed by the learned Assistant Sessions Judge and 3rd Artha Rin Adalat, Chittagong....... Barua, the appellant has been convicted which cannot be the sole basis of conviction in the eye of law. The learned Counsel empathically submits that this is the settled principle of law and cites a decision reported in 1998 BLD (AD) 43 in support of his contention. Besides, he also contends that t..

Category: Criminal Law | Date: | Hits: 59

Engineer Md. Nurul Islam Chowdhury Vs. GM, Dhaka Rural Electrification Samity 1 and another, 2005, 34 CLC (HCD)

....and 7-2-2002 requesting them to remove the 'unauthorized electric poll failing which appropriate action would be taken. Thereafter, on 13-2-2002 the respondent No. 1 gave a reply to the legal notices dated 15-1-2002 and 7-2-2002 shifting the burden illegally upon the petitioner by asking him to pay ......acticable, pay or tender payment for all necessary damages to be done, and in case of dispute as to the sufficiency of the amount so paid or tendered refer the matter to the Deputy Commissioner whose decision shall be final. 11. From a clear reading of section 18 it appears that the Chairman or a..

Category: Others | Date: | Hits: 146

Suratjan Bewa Vs. Md. Abdul Mannaf and others, 2006, 35 CLC (HCD)

....Judgment Syed Refaat Ahmed J. - In this application under section 115 of the Code of Civil Procedure a Rule was issued calling upon the opposite-parties to show cause as to why judgment and decree dated 31-5-1999 passed by the learned Additional District Judge, Second Court, Kishoreganj in other ...... regard. On the question as to why the executor had affixed an LTI instead of appending his signature to the deed given that he knew how to sign, the learned Additional District Judge referred to the decision in Rashida Begum Vs. Chairman, Court of Settlement reported in 1 BLC 138 to the effect that..

Category: Property Law | Date: | Hits: 82

Sheikh Mujibur Rahman @ Rajib Ullah Vs. State, 2004, 33 CLC (HCD)

....f the convict Sheikh Mujibur Rahman alias Rajib Ullah alias Rajibul Islam alias Rajibur Rahman preferred under section 420 of the Code of Criminal Procedure is directed against the Judgment and order dated 26-8-2001 of the learned Sessions Judge, Hobigonj, in Sessions Case No. 190 of 2000 convicting......upon Mr. Md. Abdur Rashid Mia then Sessions Judge, now Jananirapatta Bignakari Aparadh Daman Tribunal, Barisal by guaranteed registered post. Ed. This Case is also Reported in: 58 DLR (2006) 393...

Category: Criminal Law | Date: | Hits: 51

State Vs. Mokammel Hyeath Khan, 2006, 35 CLC (HCD)

....s, Togar and Nurul Islam group took position at the main gate of BUET. Moky and Tuhin along with their group by forming an unlawful assembly with deadly weapons took position in Titu Mir Hall. On the date of occurrence, that is, on 8-6-2002 at or about 12-30 PM both the groups started indiscriminate......ment and that such emotion and sentiment led him to deliver the judgment. 99. Judges are human beings and they have emotion and sentiment but emotion and sentiment must not sway their findings and decision. 100. Having perused the judgment, in general, we, however, find that emotion and sentim..

Category: Criminal Law | Date: | Hits: 236