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Ganesh Oil Mills Vs. Commissioner of Income Tax, 1978, 7 CLC (AD)

....question correctly. The answer must therefore be in the negative. The appeal is accordingly allowed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 56. ......question correctly. The answer must therefore be in the negative. The appeal is accordingly allowed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 56. ......mmissioner of Income Tax…………Respondent Judgment March 13, 1978. Case Referred To- The Commissioner of Income Tax, Dacca Zone Vs. Gulistan Cinema Co. (1976) 28 DLR (AD) 14. Lawyers Involved: C.R. Ali, Advocate, instructed by Abu Bakkar, Advocate-on-Record - For the App..

Category: Fiscal/Taxation Law | Date: | Hits: 77

Md. Wasiq Khan Vs. Md. Sabiq Khan and others, 1978, 7 CLC (AD)

...."to indulge in the luxury of pursuing the other remedy". The remedy under Order 9, rule 13 of the Code of Civil Procedure dis­appears only upon the disposal of the appeal and on merit when on the principle of merger the Court of first instance loses its jurisdic­tion to hear the Miscellaneous...... with costs. The decisions of the courts below are set aside. The Miscellaneous case before the court below shall proceed as usual. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ......izuddin, 39 Allahabad, 143B; Sankar Vs. Subdrajan, 30 Madras, 535; Mathura Vs. Ram Charan, 37 Allahabad, 208; Dhonai Sikder Vs. Tarak Nath, 12 CLJ, 53; Abdul Jalil Bhuiyan Vs. Majibar, 12 DLR 581. Lawyers Involved: S.R. Paul, Senior Advocate instructed by Abu Bakkar, Advocate-on-Record - For ..

Category: Procedural Law | Date: | Hits: 80

Chittagong Container Transportation Company Vs. Bangladesh and others, 2009, 38 CLC (AD)

.... above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petitioner is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 37. ...... above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petitioner is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 37. ......tagong Container Transportation Company...................Petitioner Vs. Bangladesh and others......................................................Respondents Judgment July 12, 2009. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate with Subrata Chowdhury, Advocates instruct..

Category: Property Law | Date: | Hits: 126

Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)

.... conclusive evidence of the sententia legis. They must in general take it absolutely for granted that the legislature has said what it meant, and meant what it has said. Ita scriptum est is the first principle of interpre­tation. Judges are not at liberty to add to or take from or modify the letter......l is dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ......on of India Vs. Pradip Kumari, AIR 1995 SC 2259; Syam Sunder Vs. Ram Kumer, AIR 2001 SC 2472; MKD Rozario Vs. Hassan Movies, 41 DLR (AD) 135; Kalu Mondal Vs. Begum Fazilatun Nessa, 46 DLR (AD) 53. Lawyers Involved: Harendra Nath Nandi, Senior Advocate, instructed by Md. Zahirul Islam, Advocate..

Category: Tenancy Law | Date: | Hits: 210

Salema Khatun Bibi & others Vs. Hemangini Ghosh Dastidar and others, 1977, 6 CLC (AD)

....pellate court, and restore that of the trial Court. None of the contentions of Mr. Karim is sustainable. This petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 99. ......pellate court, and restore that of the trial Court. None of the contentions of Mr. Karim is sustainable. This petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 99. ......nt August 25, 1977. Cases Referred To- Wali Mohammad Chaudhari Vs. Jamaluddin Chaudhuri, AIR 1950 Alahabad 524, S.C.A. 136 AIR 197(1) SC 761; Gopal Das Vs. Sri Thakurji, AIR 1943 (PC) 83. Lawyers Involved: Md. Fazlul Karim, Advocate, instructed by B. C. Panday, Advocate on-Record—Fo..

Category: Property Law | Date: | Hits: 63

Homeland Life Insurance Co. Ltd. Vs. Jahanara Begum and others, 2000, 29 CLC (HCD)

....he learned Subordinate judge rejecting the plaint is hereby affirmed. Send down the records at once. The order of stay granted is vacated. Ed. This Case is also Reported in: 52 DLR (2000) 666. ......he learned Subordinate judge rejecting the plaint is hereby affirmed. Send down the records at once. The order of stay granted is vacated. Ed. This Case is also Reported in: 52 DLR (2000) 666. ...... Mozammel Hoque J Md. Abdur Rashid J Homeland Life Insurance Co. Ltd…………….Appellant Vs. Jahanara Begum and others…………….Respondents Judgment August 24, 2000. Lawyers Involved: AY Ahmed Ali with Md. Azizul Hoque, Advocates - For the Appellant. Faruque A..

Category: Business or Commercial Law | Date: | Hits: 190

Kamaluddin Ahmed Vs. Director of Trade Organisations and others, 2000, 29 CLC (HCD)

.... Rule is disposed of without any order as to costs. Send down the record at once. Let a copy of order portion be sent to DTO immediately. Ed. This Case is also Reported in:52 DLR (2000) 659. ...... Rule is disposed of without any order as to costs. Send down the record at once. Let a copy of order portion be sent to DTO immediately. Ed. This Case is also Reported in:52 DLR (2000) 659. ......ns and others................Respondents Judgment July 25, 2000. Case Referred To- Bangladesh Chemical Industries Corporation Vs. Registrar Joint Stock Companies and another, 39 DLR 1. Lawyers Involved: Dr. Kamal Hossain with M Zahir and Tanjibul Alam, Advocates - For the Petitione..

Category: Others | Date: | Hits: 123

Giasuddin Ahmed Chowdhury Vs. Dhaka University and others, 2000, 29 CLC (HCD)

....ul Hosein is that, not counting of votes of centres outside Dhaka at the respective centres has exacerbated the illegality of the election process from which it suffers. He submits that the universal principle is that votes should be counted at the centres where the poll takes place, unless it is ot......the Senate of the Registered Graduates of Dhaka University is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 650. ...... University Vs. Mohiuddin, 44 DLR (AD) 305; Professor Nurul Amin Bepari Vs. Vice Chancellor Dhaka University and others, 50 DLR 405; Mian Jamal Shah Vs. Member, Election Commission, DLR 18 (SC) 1. Lawyers Involved: Mainul Hosein with Md. Azizul Hoque, Md. Mozammel Huq and Manjur Kadir, Advocat..

Category: Election Law | Date: | Hits: 105

Janata Insurance Co. Vs. Islam Steel Mills, 2000, 29 CLC (HCD)

....e promissor every fact and circumstance which may influence him in deciding to enter into the contract or not. 27. The same way, the insurer (promissor) has also a duty to act in good faith as the principle is stated in the case of United India Insurance Co. Vs. MJK Corporation, [1996] 6 SCC 428.......in MS No.44 of 1994, MS No.45 of 1994 and MS No.46 of 1994 are hereby confirmed. Let the records be sent down without any further delay. Ed. This Case is also Reported in: 52 DLR (2000) 642. ......and Foreign Marine Insurance, 1906 AC 336; P Samuel Company Vs. DUMAS, 1924 AC 431; Portavan Cinema Vs. Price and Century Insurance, (1939) 4 All ER 601; Beswick Vs. Beswick, (1967) 2 All ER 1197. Lawyers Involved: Rokanuddin Mahmood with Ruhullah and Awsafur Rahman, Advocates - For the Appell..

Category: Business or Commercial Law | Date: | Hits: 211

Panna Khan and Others Vs. Birendranath Halder, 2000, 29 CLC (HCD)

.... aside the decree of the appellate Court. The suit is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 640. ...... aside the decree of the appellate Court. The suit is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 640. ......sional Jurisdiction) Present: Md. Awlad Ali J Panna Khan and Others………………Petitioners Vs. Birendranath Halder…………….Opposite Parties Judgment June 8, 2000. Lawyers Involved: Md. Serajul Huq with SAM Mahbub Elahi, Advocates - For the Petitioners. NK S..

Category: Property Law | Date: | Hits: 55

Bangladesh Inland Water Transport Corporation Vs. M/S Broadway Shipping Limited, 2010, 39 CLC (HCD)

....actual realization of decreetal amount along with the cost of the suit. The office is directed to assess the cost of the suit and the amount of interest. Ed. This Case is also Reported in: ......actual realization of decreetal amount along with the cost of the suit. The office is directed to assess the cost of the suit and the amount of interest. Ed. This Case is also Reported in: ............................Plaintiff Vs. M/S Broadway Shipping Limited, Nahar Building, Strand road, Chittagong………Defendant Judgment March 24, 2010. Result: The suit be decreed. Lawyers Involved: J. K. Paul, Advocate with Ms. Aziz Ul-Mawa, Advocate-For the Plaintiff. No ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 198

Fazlur Rahman & Co. Vs. M.V. CHOSUN HOPE and others, 2010, 39 CLC (HCD)

....tatement that the suit is not maintainable in this Admiralty Court; that the plaintiff has no locus standi to file this suit and the suit is bad for miss-joinder and non-joinder of parties and on the principle of estoppel, waiver and acquisance and also denied all the material allegations made in th......days from the date of decree drawn. The office is directed to calculate the interest and the cost and inform the same to the defendant within the date fixed. Ed. This Case is also Reported in: ......€¦â€¦......Defendant Judgment March 1, 2010. Result: That the suit be decreed in part with cost. Case Referred to- M/S Shahnaj Traders Vs. MV SLETTER and others, 7 BLT (AD) 381. Lawyers Involved: Dr. M. Zahir, Senior Advocate with Izaz Rahman, Advocate - For the Plaintiff. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 178

Tamima Akhter (Mitu) Vs. Deputy Commissioner, Joypurhat and others, 2011, 40 CLC (HCD)

....the forgoing discussion, we find no merits in this rule. Accordingly the rule is discharged. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ......the forgoing discussion, we find no merits in this rule. Accordingly the rule is discharged. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ......Kamal J Tamima Akhter (Mitu)…………………………………Petitioner Vs. The Deputy Commissioner, Joypurhat and others.…………Opposite parties Judgment March 21, 2011. Lawyers Involved: Zakir Hossain, Advocate-For the petitioner. Ashok Kumar Banik, Advocate-For ..

Category: Criminal Law | Date: | Hits: 57

Md. Fazlar Rahman @ Major Vs. State, 2011, 40 CLC (HCD)

....y at once if not been wanted in connection with any other case. Send down the L.C. records at once along with judgment. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......y at once if not been wanted in connection with any other case. Send down the L.C. records at once along with judgment. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......man @ Major ………………………..….…… Appellant Vs. The State……………………………………………………..…………Respondent Judgment March 16, 2011. Lawyers Involved: Mrs. Zahida Khatun, Advocate-For the appellant. Bashir Ahmed, Assistant Atto..

Category: Criminal Law | Date: | Hits: 60

Pacific Marine Service NOBPAC Ship Management Ltd. Vs. M.V.C UTOPIA , 2010, 39 CLC (HCD)

....el MV C UTOPIA from arrest. The office is directed to comply this order as to keep a record of this order in the registry in order to guide them in future. Ed. This Case is also Reported in:......el MV C UTOPIA from arrest. The office is directed to comply this order as to keep a record of this order in the registry in order to guide them in future. Ed. This Case is also Reported in:......NOBPAC Ship Management Ltd. JV Chittagong…………….Plaintiff Vs. M.V.C UTOPIA (IMO No. 8500496) now lying at Chittagong Port and others....Defendants Judgment January 28, 2010. Lawyers Involved Dr. M. Zahir, Senior Advocate-For the Defendant Nos.1, 2, and 4. Admiralty ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 191

State Vs. Md. Khosbar Ali, 2000, 29 CLC (HCD)

....e. It is directed that the said accused be transferred from the condemned cell to the general cell. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 633. ......e. It is directed that the said accused be transferred from the condemned cell to the general cell. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 633. ......ul Aziz J State…………….Appellant Vs. Md. Khosbar Ali………………..Respondent Judgment April 23, 2000. Case Referred To- Abdur Rashid Vs. State, 27 DLR (AD) 1. Lawyers Involved: Shamsuddin Chowdhury with Syed Haider Ali, Assistant Attorney-General - For the..

Category: Criminal Law | Date: | Hits: 62

United Commercial Bank Ltd. Vs. Rahimafrooz Batteries Ltd. and others, 2000, 29 CLC (HCD)

.... a case showing that even during the pendency of an appeal if any legal right comes in favour of the appellant, in that case also the appellant will be entitled to have the benefit of such right. The principle laid down by the Indian Federal Court in above case, in our view, is applicable in the fac......suit on 24-3-97 did not commit any error of law calling for our interference in any way and, as such, both the appeals therefore must fail. Ed. This Case is also Reported in: 52 DLR (2000) 625. ......imafrooz Batteries Ltd. and others……………….Plaintiff-Respondents Judgment February 23, 2000. Case Referred To- Shyamakant Lal Vs. Rambhajan Singh, AIR 1939 Federal Court, 74. Lawyers Involved: Syed Ishtiaq Ahmed with Dr. Syed Refaat Ahmed, AH Abdur Rahman Chowdhury and As..

Category: Tenancy Law | Date: | Hits: 135

Paniraj and Company Ltd. Vs. Bangladesh Shilpa Bank and another, 2000, 29 CLC (HCD)

....ake steps for resale of the vessel expeditiously according to law. In the result the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 621. ......ake steps for resale of the vessel expeditiously according to law. In the result the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 621. ...... KM Hasan J Khademul Islam Chowdhury J Paniraj and Company Ltd………….Petitioner Vs. Bangladesh Shilpa Bank and another……………..Respondents Judgment March 13, 2000. Lawyers Involved: M Zahir with Biplab Saha, Advocates - For the Petitioner. Kazi Akhter Hamid ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 171

Md. Rafiqul Islam Liton Vs. Noor Mohammad and others, 2010, 39 CLC (HCD)

....d. The learned Judge of the Appellate Court when such opining failed to take notice of the provision of Section 103 of the Evidence Act, 1872 which provided for the burden of prove. It is now settled principle that burden of prove is not a rigid aspect, rather if shifts from the shoulder of the plai......e Appellate court is hereby set aside and that the judgment and decree passed by the trial court is resorted. However, there shall be no order as to cost. Ed. This Case is also Reported in: ......in of Village-Goalpara, Post Office- Pashi Bazar, Police Station-Rupgonj, District-Narayangonj................Opposite Party Judgment March 9, 2010. Result: The Rue is made absolute. Lawyers Involved: Taimur Alam Khandaker, Advocate with Nur Mohammad Miah, Advocate-For the Petit..

Category: Property Law | Date: | Hits: 74

Mohammad Ali Vs. Government of the People’s Republic of Bangladesh and Others, 2010, 39 CLC (HCD)

....that rule 389 of the BSR Part I is not applicable to the petitioner as he is not an officer when the question of his re-employment surfaced. The respondents will be estopped from such claiming on the principle of Constructive Estoppel which barred a pension from denying to act again in the same mann...... Let a copy of the judgment be sent to the respondent No.1 for their future guidance. Ed. SM Emdadul Huque J. - I agree. This Case is also Reported in: 7 LG (HCD) (2010) 317.  ...... Officer, District Jessore. 5. Upazilla Education Officer (Primary), Upazilla-Monirampur, Jessore….....Respondents Judgment May 20, 2010. Result: The Rule is made absolute.  Lawyers Involved: Masud Rana Mohammad Hafiz, Advocate-For the Petitioner. Mujibar Rahman, Depu..

Category: Employment/Service Law | Date: | Hits: 70