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Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)
.... Dakhalnama and boynama and the contesting defendants have proved their title by filing and proving the title deeds like kabuliyats, Dhakhilas, kabala and other relevant papers. It is the established principle of law that the parties on whom the onus of proof lies must, in order to succeed, establis......ned Subordinate Judge, First Court, Jhalakati, in Title Suit No. 52 of 1994 is upheld and the suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 538. .......................Petitioners Vs. A Huq Munshi & others …………………………………………Opposite Parties. Judgment May 25, 2006. Case Referred to- 45 DLR 391. Lawyers Involved: Abdul Quayum with Tapash Biswas, Advocates—For the Petitioners. Rabi Shank..Category: Property Law | Date: | Hits: 70
Kazi Md. Shafiqur Rahman Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....Bichar-6/2N- 35/76 dated 25-4-2001 is declared to have been made without lawful authority and is of no legal effect. No order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 534.......Bichar-6/2N- 35/76 dated 25-4-2001 is declared to have been made without lawful authority and is of no legal effect. No order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 534.......a J Kazi Md. Shafiqur Rahman………………………………Petitioner Vs. Bangladesh and others ………………………………….Respondents. Judgment November 20, 2005. Lawyers Involved: Shahabuddin Ahmad with Kazi Zinat Haque, Advocates—For the Petitioner. AFM..Category: Employment/Service Law | Date: | Hits: 81
Eskayef Bangladesh Ltd. Vs. Commissioner of Taxes, 2004, 33 CLC (HCD)
....ly, the questions in both the reference applications are answered in the affirmative and in favour of the Department. No order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 531. ......ly, the questions in both the reference applications are answered in the affirmative and in favour of the Department. No order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 531. ......desh) Ltd Vs. Commissioner of Taxes, 2002 BTD 57; Commissioner of Taxes Vs. Mysore Commercial Union Ltd., ITR, 126, 340; Subramanian ITO and another Vs. Seimens India Ltd and another, ITR 156, 11. Lawyers Involved: Altaf Hossain. Advocate—For the Petitioner. Mosharraf Hossain Khan, Deputy..Category: Fiscal/Taxation Law | Date: | Hits: 88
Badrud Doza (alias Momin) (Md.) Vs. State, 2006, 35 CLC (HCD)
....sent BD House, Road No. 43, House No. 3, PS Gulshan, Dhaka be enlarged on bail subject to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 58 DLR (2006) 529....... Haider Bhuiyan alias Bulbul was mentioned having business in Dhaka in different names and styles in Export and Import sectors. It was further stated in the letter that in one consignment under Jamil International various types of vegetables about 7000 Kg were exported in which 7.5 Kg heroin was hid......hmed J Badrud Doza (alias Momin) (Md.)……………Petitioner Vs. State ……………………………………………………….Opposite Party. Judgment August 10, 2006. Lawyers Involved: Rokonuddin Mahmud, Abdur Razzaq, Ehsan A Siddiq with Abdullah Al Mubin, Advocat..Category: Criminal Law | Date: | Hits: 64
Mofazzal Hossain alias Mofa and others Vs. State, 2004, 33 CLC (HCD)
....respective bail bonds. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 524. ......respective bail bonds. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 524. ......u Mia and others, 54 DLR (AD) 60; Abul Taher Vs. State, 1991 BLD (AD) 81; Angur Vs. State, 41 DLR 66; Abul Hossain and others Vs. State, 46 DLR 77; Mizanur Rahman alias Mizan Vs. State, 49 DLR 53. Lawyers Involved: Not represented—For the Appellants. Md. Ibrahim Khalil, Assistant Attorney..Category: Criminal Law | Date: | Hits: 52
Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)
....e presented. The letter of credit is separate and distinct from the underlying contract between the seller and buyer. The issuing bank is concerned with the documents and not with the goods. But such principle is only subject to fraud exception and the issuing bank can refuse payment even after its ......67; Commercial Banking Company of Sydney Ltd Vs. Jalsard Pvt. Ltd, [1973] AC 279; Sztejn Vs. J Henry Schroder Banking Corporation, 31 NYS 2nd 631 (1941); Edward Owen Engineering Ltd Vs. Barclays Bank International Ltd. [1978] 1 Lloyd's Rep 166 = [1978] 1 All ER 976; Limited Trading Corporation SA an...... To- RD Harbottle (Mercantile) Ltd. and another Vs. National Westminster Bank Ltd and others, [1977] 2 All ER 862; Equitable Trust Company of New York Vs. Dawson Partners Ltd, [1927] 2 Lloyd's Law Report 49; Soporna Spa Vs. Marine and Animal ByÂproducts Corporation, [1966] 1 Lloyd's Law Repo..Category: Business or Commercial Law | Date: | Hits: 289
AM Ziaul Hoque Vs. Government of the People's Republic of Bangladesh and others, 2004, 33 CLC (HCD)
.... this Court stands vacated. The application for vacating the order of stay is thus disposed of without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 389. ...... this Court stands vacated. The application for vacating the order of stay is thus disposed of without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 389. ......……………………………………..Petitioner Vs. Government of the People's Republic of Bangladesh and others………Respondents Judgment April 20, 2004. Lawyers involved: Dr. M Zahir with Md. Mizanul Hoq Chowdhury, Advocates-For the Petitioner. ..Category: Employment/Service Law | Date: | Hits: 66
Md. Turan Miah and others Vs. Anguri Bibi and others, 2010, 39 CLC (HCD)
....the above, we find no subÂstance in the submissions of the learned Counsel for the appellants. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 100. ......the above, we find no subÂstance in the submissions of the learned Counsel for the appellants. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 100. ......dra Kumar Sinha J Md. Turan Miah and others…………………………….......Appellants Vs. Anguri Bibi and others ……………..........Respondents Judgment July 20, 2010. Lawyers Involved: Mahmudul Islam, Senior Advocate instructed by A. K. M. Shahidul Huq, Advocate-o..Category: Property Law | Date: | Hits: 74
Md. Nasrullah Chowdhury Vs. Mohammad Nurul Islam and others, 2010, 39 CLC (AD)
....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.......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....... Mohammad Nurul Islam and others……………….Respondents Judgment June 6, 2010. Cases Referred To- (Moulvi) Zahirul Alvi Vs. R.S. Seth Lachhmi Narayan, A.I.R. Privy Council 107. Lawyers Involved: A. K. Badrul Huq, Senior Advocate instructed by Syed Mahbubar Rahman, Advocate-..Category: Property Law | Date: | Hits: 65
.... In the result, the Rule is discharged without any order as to costs and the order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 58 DLR (2006) 517.
...... In the result, the Rule is discharged without any order as to costs and the order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 58 DLR (2006) 517.
......arayanganj Vs. Bangladesh Bank & ors, 45 DLR 8; Shahajadi Begum Waqf Estate Vs. Secretary, Ministry of Communication (Roads and Railway), Dhaka & another, 2001 BLD (AD) 59 = 7 BLC (AD) 41.
Lawyers Involved:
Mainul Hosein with Hassan MS Azim, Bepul Bagman Advocates—For the Petitioners..
Category: Business or Commercial Law | Date: | Hits: 251
Dr. Md. Abu Obaidah Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
.... the learned Advocate for the applicant. Thus, question Nos. (iii) and (iv) are also decided in the affirmative in favour of the Department. Ed. This Case is also Reported in : 58 DLR (2006) 515....... the learned Advocate for the applicant. Thus, question Nos. (iii) and (iv) are also decided in the affirmative in favour of the Department. Ed. This Case is also Reported in : 58 DLR (2006) 515.......hhab Mian J Zinat Ara J Dr. Md. Abu Obaidah……………………………..Applicant Vs. Commissioner of Taxes ……………………….Respondent. Judgment April 26, 2005. Lawyers Involved: Md. Mojibur Rahman with Md. Abdul Quddus, Advocates—For the Appellant. Kaz..Category: Fiscal/Taxation Law | Date: | Hits: 91
Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ed to have been made without lawful authority and to be of no legal effect. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 58 DLR (2006) 503. ...... engaged in illegal fishing within the territorial waters of Bangladesh. The fish caught by the vessel was sold by the Marine Fisheries Office amounting to Taka 18,500. The captain did not follow the International Oceanic Rules and failed to show any danger signal at the time of distress and, as suc...... Bangladesh & others, 2004 BLD 365 = 9 BLC 613; Mahmudul Haque (Md.) Vs. Md. Hedayetullah and others, 48 DLR (AD) 128; Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed & others, 49 DLR 1. Lawyers Involved: Bashir Ahmed, Advocate—For the Petitioner. Zaman Akhter, Deputy Attorney-G..Category: Admiralty Law or Maritime Law | Date: | Hits: 221
Abul Khair and others Vs. State, 2006, 35 CLC (HCD)
....he date of receipt of this judgment and order by the trial Court. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 500, 26 BLD (HCD) (2006) 467. ......he date of receipt of this judgment and order by the trial Court. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 500, 26 BLD (HCD) (2006) 467. ......, 45 DLR 352; Abul Kalam Azad Vs. State, 48 DLR (AD) 294; ASM Faruq Vs. State, 22 DLR 539; AIR 1986 (PC) 53; Shid Nath Westhi Vs. Emperor, 33 CWN 454; AIR 1943 (Lahore) 304; AIR 1945 (Bombay) 413. Lawyers Involved: Md. Khurshid Alam Khan, Advocate—For the Convict-Appellant. (In Criminal Appe..Category: Criminal Law | Date: | Hits: 53
Shawkat Ali (Md.) and others Vs. Divisional Forest Officer and others, 2006, 35 CLC (HCD)
....80 days because of the contravention of the provisions of Rule 8 of the Rules of 1998, having given them sufficient opportunity to defend themselves and thereby the respondent No. 2 complied with the principles of natural justice and, as such, there being no illegality in the impugned orders the Rul...... The orders of stay granted earlier by this Court stand vacated. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 58 DLR (2006) 487. ......nd others………..Respondents. Judgment February 16, 2006. Cases Referred to- Jibendra Kishore Vs. East Pakistan, 9 DLR (SC) 21; Oali Ahad Vs. Government of Bangladesh, 26 DLR 376. Lawyers Involved: AF Hassan Ariff with Khaleda Zaman, Advocates— For the Petitioner (In Writ Pe..Category: Environmental Law | Date: | Hits: 551
Ashique Jeans Apparels Ltd and another Vs. National Board of Revenue and another, 2005, 34 CLC (HCD)
....mmencement of commercial production or not or whether the same were left only as installed or whether the same is used to meet the emergency supply of the demands of the buyers must be ignored on the principle of Wabbing and Belting's case. From the present case also we do not find that the 8 old ma...... section 46 is to encourage more new undertakings to be established. However, there will be no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 478, 26 BLD (HCD) (2006) 324. ......l-151, page 270; Alapati Venkataramiah Vs. CIT (1969) 57 ITR 185; Wabbing & Belting Factory Pvt. Ltd. Vs. CIT (1961) 43 ITR, 234, 238; CIT Vs. Indian Aluminum Co. Ltd. (1973) 88 ITR 257, 276. Lawyers Involved: Mahmudul Hoque for Rokonuddin Mahmud, Advocate—For the Petitioners. Kazi W..Category: Fiscal/Taxation Law | Date: | Hits: 93
Abdur Rahim Chowkider @ Abdur Rahman Sheikh Vs. Raji Haider and others, 2006, 35 CLC (HCD)
.... No. 2. In the circumstances and on such evidence on record, concurrence by the appellate Court of the view of the trial Court on the 'Benami' transaction must be held to be not based on any accepted principles of law relating to 'Benami' transaction and cannot be accepted. 36. More I examine res...... decree affirming those of trial Court decreeing the suit are hereby set aside and the suit is dismissed. Send down the record at once. Ed. This Case is also Reported in: 58 DLR (2006) 470. ......€¦â€¦â€¦â€¦ Petitioner Vs. Raji Haider and others…………………….Opposite Parties. Judgment June 28, 2006. Cases Referred to- 34 DLR (AD) 61; 49 DLR (AD) 73; 6 MLR 199. Lawyers Involved: Syed Mofizur Rahman for AH Md. Shahadat Ali Khan, Advocate—For the Petitioner..Category: Property Law | Date: | Hits: 79
Abu Musa Kutub (Md.) Vs. Secretary, Election Commission and others, 2005, 34 CLC (HCD)
....ary Affairs 5 BLC (AD) 176 the Appellate Division accepted the view of the High Court Division that determination of age is a disputed question of fact which cannot be decided in a Writ petition. The principle expressed in the case referred to above fully applies in the facts and circumstances of th...... 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. ......Election Commission of India, 1984 SCR 1911; AKM Hasanuzzaman Vs. Election Commission I SCR 493; Election Commissioner of India Vs. Shivaji 1984 Supreme Court Cases 277; Shamsul Haque Vs. Ministry of Law, Justice and Parliamentary Affairs, 5 BLC (AD) 176. Lawyers Involved: Md. Khurshed A lam..Category: Election Law | Date: | Hits: 87
.... the industry must be encouraged and (3) MC Mehta Vs. Union of India (2001) 9 SCC 235, which relates to sitting of brick kilos within 20 km radius of the Taj Mahal as a precaution in keeping with the principles of environmental management. He also referred to the decision in the case of Bangalore Me...... Let a copy of this judgment be communicated to the respondents to take necessary steps in the light of our judgment, in accordance with law.
Ed.
This Case is also Reported in: 58 DLR (2006) 441........ AW Mallik and others, 20 DLR (SC) 229; Dr. Mohiuddin Farooque Vs. Bangladesh, represented by the Secretary, Ministry of Irrigation, Water Resources and Flood Control and others, 49 DLR (AD) 1.
Lawyers Involved:
Tanjibul Alam, Advocate—For the Petitioners.
Fida M Kamal, Additional Att..
Category: Environmental Law | Date: | Hits: 484
Wally Ahmed alias Babi Vs. State, 2005, 34 CLC (HCD)
........Appellant Vs. State…………………………………………………………………..Respondent. Judgment May 10, 2005. Result: The appeal is allowed. Fundamental principle of criminal jurisdiction It is also the fundamental principle of criminal jurisdiction......d from the bail bond. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 58 DLR (2006) 433; 13 MLR (HCD) (2008) 375. ......handra Haider Vs. State, 54 DLR 148; Ghulam Yusaf Vs. Crown PLD 1953 Lahore 213; Safdar Ali Vs. Crown, 5 DLR (FC) 64; Woolmington vs. Director of Public Prosecutions, House of Lords, 1935 All England Law Reports (Reprint) page-1, Sodeman Vs. R (PC) (1936) 2, All ER 1138; Dahyabhai Vs. State of Gujar..Category: Criminal Law | Date: | Hits: 70
Solaman Vs. State, 2005, 34 CLC (HCD)
....ion evidence examination of the accused is mandatory and non examination of the accused under section 342 vitiates the trial. No explanation has been given as to why the accused was not examined. The principle has been supported by the reported case of Malu and others, Osman and others, Ratan Vs. St....... 236 of 1999 is hereby set aside. The accused-petitioner be set at liberty if not wanted in any other case. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 429. ...... Chowdhury Vs. State, 20 DLR 666; The Board of Secondary and Higher Secondary Education Dhaka & another Vs. Md. Nurul Islam and others, 1986 BLD (AD) 189; Shiplu and another Vs. State, 49 DLR 53. Lawyers Involved: Syed Ziaul Hasan with Farhanat-ul-Alam—For the accused-Petitioner. Snigdha..Category: Criminal Law | Date: | Hits: 53
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