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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. ......t Attorney General—For the Respondent. Application Nos. 43, 44. 46, 47 and 48 of 1994. Judgment Syed Amirul Islam J. - As common question of law and facts are involved in these reference applications and the parties being same they are heard together and are being disposed of by this ju..Category: Fiscal/Taxation Law | Date: | Hits: 82
Bangladesh Water Development Board Vs. Contractor, Manu Barrage, 2000, 29 CLC (HCD)
....5. In view of such order, Mr. Rafiqur Rahman submitted that the order must have been passed under section 19 of the Arbitration Act shortly, the Act, and the parties therefore are obliged to pursue a fresh arbitration, and the suit instituted in presence of the arbitration agreement is not maintaina......tion 33 with section 30 of the Arbitration Act against the award before the 3rd Court of Subordinate Judge, Dhaka being Arbitration Miscellaneous Case No.907 of 1986. The defendants also made similar application for setting aside the award being Arbitration Miscellaneous Case No. 42 of 1987. On hear..Category: Civil Law | Date: | Hits: 132
Abdul Wahab Biswas Vs. Abdul Matin Miah & others, 1999, 28 CLC (HCD)
....eous Appeal No. 94 of 1997 allowing the appeal summarily on the date of admission of the appeal is hereby set aside. The Case is sent back on remand to the District Judge for rehearing of the appeal afresh by a court other than his having jurisdiction to hear the same in the light of the observation......t opposite party Nos.1-5 have been contesting the suit by filing written statement denying all material allegations made in the plaint. 4. When the suit was thus proceeding the plaintiffs filed an application under Order 39 rules 1 and 2 of the Code of Civil Procedure for injunction with a prayer..Category: Procedural Law | Date: | Hits: 81
Abdul Kader @ Kada and others Vs. State, 2010, 39 CLC (AD)
....e above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 531. ......s above. Thus, the forward requisite is that the order under review suffers from an error apparent on the face of the order and possessing the same to stand would lead to failure of justice. A review application cannot be allowed to be an appeal in disguise. In view of the above, we find no sub..Category: Criminal Law | Date: | Hits: 57
Most. Selina Banu Bewa and others Vs. Most. Jamila khatun and another, 2009, 38 CLC (AD)
....oper consideration of the materials on record arrived at a correct decision and accordingly no interference call for. The petition is dismissed. This Case is also Reported in: VII ADC (2010) 516.......leave, at the instance of the defendant/petitioners, is directed against the order dated 3.3.2008 of the High Court Division passed in Civil Order No. 1711 of 2008 summarily dismissing the revisional application filed impugning the judgment and decree dated 17.9.2007 of the learned Joint District Ju..Category: Property Law | Date: | Hits: 26
Md. Abu Zafar Shahid and others Vs. Mrs. Joinab Begum and others, 2009, 38 CLC (AD)
.... on record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 499.......r dated 18.1.2003 drew up the final decree. The heirs of defendant No.1 preferred Other Class Suit No.92 of 2003 against the final decree. In the appellate court the heirs of defendant No.19 filed an application for allotment of saham. The learned Additional District Judge, 6th Court, Chittagong the..Category: Property Law | Date: | Hits: 17
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. ......93.00 towards the outstanding principal amount and also a sum of TK. 25,000.00 on account of the respondent's legal expenses. That on receipt of the said payment the respondent No.4 prepared an application to be submitted in the Court praying for dismissal of the suit on the ground that the pe..Category: Banking Law | Date: | Hits: 95
Charupado Mondol and others Vs. Chinmay Bachar and others, 2009, 38 CLC (AD)
....judicata in the instant suit, and the trial Court, if the question is so raised, is directed to decide the same in accordance with law. Ed. This Case is also Reported in: VII ADC (2010) 492. ......declaration that the patta dated 16.03.1932 is forged, collusive, void and not binding upon the plaintiff and the learned Subordinate Judge vide his judgment and order dated 14.10.1999 rejected the application on the finding that regarding the deed of patta dated 16.03.1932, a decision was given..Category: Procedural Law | Date: | Hits: 95
....d the attesting witnesses of their deeds and in the absence of original deeds, they may be afforded an opportunity to examine them and accordingly, the suit may be remanded to the trial Court for fresh hearing for ends of justice. Learned Advocate further submits that the defendant No.6 has alre......peal No. 888 of 2009.
(From the judgment and decree dated 23.02.2009 passed by the High Court Division in First Appeal No. 324 of 1997.)
Judgment
Shah Abu Nayeem Mominur Rahman J. - Instant application under Article 103 of the Constitution is for granting leave to appeal against the judgme..
Category: Property Law | Date: | Hits: 38
....h Court Division committed no illegality in discharging the Rule.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 474.......No.5351 of 2000 discharging the Rule and affirming the order dated 01.10.2000 passed by the Administrator of Waqf, Dhaka in B.C.No. 2323 (Chittagong) (Tofazzal Ali Chowdhury Waqf Estate) rejecting an application under Section 32(1) of the petitioner.
2. The facts, in short, are that the petitione..
Category: Trust/Waqf Law | Date: | Hits: 185
Prime Finance and Investment Limited Vs. Delwar H. Khan and others, 2009, 38 CLC (AD)
....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. ......Fazlul Karim J. - This Petition for Leave to Appeal is directed against the judgment and order dated the 4th day of June, 2007 passed by the High Court Division in Matter No. 174 of 2006 allowing the application for winding up of the pro-forma respondent No.2 Gonophone Bangladesh Limited. 2. The ..Category: Company Law | Date: | Hits: 197
Government of Bangladesh and another Vs. Mohiuddin, 2009, 38 CLC (AD)
....5.1988 of the Court of Settlement is restored. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 454, 15 BLC (AD) (2010) 179......in favour of the plaintiff-writ-petitioner Ordinance LV of 1976 came into force on 17th July, 1976 and the order of injunction passed earlier became ineffective. Thereafter, the writ-petitioner filed application to the Secretary, Ministry of Works for releasing the property which was enlisted as Aba..Category: Property Law | Date: | Hits: 24
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. ...... Md. Abdul Matin J.- This petition for leave to appeal is directed against the judgment and order dated 13.07.2009 passed by the High Court Division in Writ Petition No.2375 of 2001 rejecting the application for restoration and discharging the Rule. 2. The facts, in short, are that by a notif..Category: Election Law | Date: | Hits: 92
Anti-Corruption Commission Vs. Dr. Muhiuddin Khan Alamgir and others, 2010, 39 CLC (AD)
....ch sanction from the Commission. Both the sub-section (1) and sub-section (2) of the section 32 envisages only one sanction, not two. Sub-section (1) does not spell out or even envisage filing of any fresh sanction when the sanction to prosecute has already been filed along with the charge sheet of ......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. ..Category: Anti-Corruption Laws | Date: | Hits: 231
....de the judgment and decree dated 04.07.2005 passed by the learned Joint District Judge, Additional Court, Narayanganj in Title Suit No.03 of 2005. Title Suit No.03 of 2005 was sent back on remand for fresh trial by giving parties opportunity to adduce further evidences, if they so desire. Respondent......1998 to August, 1998 amounting to Tk.11,15,044/60 are illegal and issued without jurisdiction and not binding upon the plaintiff-respondent. After filing of the suit the plaintiff-respondent filed an application for temporary injunction upon which the court below passed an order directing the partie..
Category: Civil Law | Date: | Hits: 82
Dr. Mohiuddin Farooque Vs. Bangladesh & others, 2001, 30 CLC (HCD)
....n 30.7.2010. In the meantime, if any of the respondents feel it necessary for further direction, they are at liberty to approach the Court. Ed. This Case is also Reported in: 15 BLC (2010) 61. ......Hasan with M. Iqbal Kabir, Advocates-For the Petitioner Mustafa Zaman Islam, Deputy Attorney General-For the respondents. Writ Petition No. 891 of 1994 Order In this matter earlier on the application of Bangladesh Environmental Lawyers Association (BELA), a Rule was issued on 6.6.1994 in..Category: Environmental Law | Date: | Hits: 279
Dr. Mohiuddin Farooque Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....enabling them to take necessary steps in this regard immediately. A copy also be forwarded to the Chairman, BELA. Md. Joynul Abedin J.- I agree. This Case is also Reported in: 55 DLR (2003) 69. ...... the respondents. 9. This writ petition is in the nature of public interest litigation, as such, the first question comes up for consideration is as to the locus standi of BELA in maintaining this application as an aggrieved person under Article 102 of the Constitution of the People’s Republic ..Category: Environmental Law | Date: | Hits: 345
....rder dated 18-09-2008 passed in Civil Revision no. 04 of 2008 is hereby set aside.
Office is directed to communicate the at once.
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 233.......08 passed by learned District Judge, Gazipur, allowing Civil Revision no. 04 of 2008 by reversing those of dated 03-02-2008 passed by learned Senior Assistant Judge, first Court, Gazipur, allowing an application for addition of party in Title Suit no. 363 of 2005.
2. Material facts are that on 1..
Category: Property Law | Date: | Hits: 27
Anti Corruption Commission Vs. Barrister Mir Mohammad Helal Uddin and another, 2008, 37 CLC (AD)
....hold that the High Court Division committed no illegality in granting bail to the respondent. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 109. ......l is directed against order dated 03.06.2008 passed by the High Court Division in Criminal Appeal No. 3742 of 2007 granting bail to the respondent No.1. 2. The fact, in short, are that the instant application has arisen out of the appeal filed against the judgment and order dated 04.07.2007 passe..Category: Criminal Law | Date: | Hits: 51
Captain (Md) Lutfar Rahman Vs. Md. Abu Taher and others, 2000, 29 CLC (HCD)
....92 of the 2nd Court of Subordinate Judge, Chittagong for pre-emption is allowed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 193. ......ng the statutory deposit, impleading all necessary parties. 3. Opposite party Nos.1-6 contested the case by filing the written objection denying all the material allegations of the pre-emption application and contended, inter alia, that the case is barred by limitation and it is bad for defec..Category: Property Law | Date: | Hits: 22
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