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Ali Hossen @ Ali & another Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....risonment for 10 years is set aside and/or struck down. The petitioners be set at liberty forthwith, if not wanted in any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2006) 1. ......ts and sentenced to suffer rigorous imprisonment for 14 years and 7 years respectively. It has been stated that after the judgment was. delivered the petitioners were taken to the jail custody and an application for certified copy was filed by the tadbirkar of the petitioner on 1.9.02 and the certif..Category: Criminal Law | Date: 20 Mar, 2005 | Hits: 71
Anil Chandra Paul Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
....of Taxes on 29‑12‑2001 re‑opened the assessment of the assessee applicant under section 93 of the Income Tax Ordinance, 1984 and issued notice upon the assessee applicant to file the return for fresh assessment. 4. Pursuant to the said notice, the assessee applicant submitted the statemen.........................................Petitioner Vs. Commissioner of Taxes.........................................Respondent Judgment March 19, 2005. Result: The reference application is disposed of. Cases Referred to- JK Synthetics Ltd. and others Vs. Central ..Category: Fiscal/Taxation Law | Date: 19 Mar, 2005 | Hits: 4
Abdul Latif Hawlader Vs. Sultan Miah and others, 2005, 34 CLC (HCD)
....r Assistant Judge (in charge), Gopalganj Sadar, Gopalganj in Title Suit No.120 of 1997 are hereby set aside. Ed. This Case is also Reported in: 57 DLR (2005) 574. ......‑2001 passed by the trial Court in Title Suit No.120 of 1997. 5. Being aggrieved by that judgment and decree dated 7‑6‑2001 the defendant appellant petitioner has preferred this revisional application and obtained the present Rule. 6. Mr. Nurul Amin, the learned Advocate appearing fo..Category: Tenancy Law | Date: 15 Mar, 2005 | Hits: 3
Abdul Halim Gazi and others Vs. Afzal Hossain & ors., 2005, 34 CLC (AD)
....been vitiated as a whole and consequently canceling the Gazette notification declaring the appellant as elected to the aforesaid post and further directing the writ respondent Nos. 1 to 6 to hold a fresh election excluding the appellant as he was a bank defaulter and giving a further directi......parties we are led to hold that assertion is, at least, a disputed question of fact. It has been settled long ago that disputed questions of fact are outside the jurisdiction of disposal of an application under Article 102 of the Constitution. It is also found that the matter is at least pen..Category: Election Law | Date: 15 Mar, 2005 | Hits: 168
Ayub Ali Vs.State, 2005, 34 CLC (HCD)
....le is vacated. The prayer for stay operation of our judgment and order for 15 (fifteen) days is refused. Ed. This Case is also Reported in: 57 DLR (2005) 230. ...... Druta Bichar Tribunal Case No.31 of 2004 arising out of Tongi PS Case No.07 (05)04, corresponding to GR No.165/2004 should not be set aside. By said order dated 1‑1‑2005 the Tribunal allowed the application filed by the prosecution for calling two persons namely, Hafizur Rahman Habib and Kamrul..Category: Criminal Law | Date: 12 Mar, 2005 | Hits: 3
AK Fazlul Hoque Vs. Secretary, Ministry of Housing and Works and others, 2005, 34 CLC (HCD)
....ed initially, and to submit affidavit of compliance as to service to this Court within two weeks. Ed. This Case is also Reported in: 57 DLR (2005) 725. ......f the Ministry of Finance, Government of the People's Republic of Bangladesh, within 21 days from the date of receipt of the order. 3. No one appears to contest the Rule. 4. Perused the application and heard the learned Advocate appearing for the petitioner. It has been submitted that ..Category: Employment/Service Law | Date: 8 Mar, 2005 | Hits: 2
Mizanur Rahman (Md.) Vs. Commissioner of Customs and others, 2005, 34 CLC (HCD)
....ed to assess the consignment in question on the basis of the invoice price in accordance with law. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 510. ......commodity was more or less the same. Therefore, it appears the invoice price, in fact, reflects the transaction value within the meaning of section 23(1) and (2) of the Act. 7. On perusal of the application, supplementary affidavit and the affidavit‑in‑opposition it appears that there ..Category: Fiscal/Taxation Law | Date: 6 Mar, 2005 | Hits: 1
Hazi Md Hossain @ Md Aowlad Hossain and others VS. Obaidul Haque & others, 2005, 34 CLC (AD)
..... 21. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to cost. Ed. ......Rule absolute which was obtained against the order dated November 9, 1999 of the 4th Court of Subordinate Judge (now Joint District Judge), Dhaka passed in Title Suit No. 183 of 1997 rejecting the application filed by the defendant No.52 to allow him to make construction at his own risk in the l..Category: Civil Law | Date: 6 Mar, 2005 | Hits: 308
.... both the
aforesaid rules. Both the rules are therefore discharged without any order as
to costs.
Send down the L.C.R.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 75.
......ecree of a court against a party not impleaded in the suit shall not
be turned town on the ground of fraud.
13. The decisions cited by the learned
Advocate for the petitioner have no manner of application in the facts of the
case before us. In 27 DLR 413 a Single Bench of this diviÂsion hel..
Category: Property Law | Date: 23 Feb, 2005 | Hits: 5
.... and we find no cogent reason to interfere with the same.
Accordingly, the appeal is dismissed.
No order as to costs.
Ed.
This Case is also Reported in: V ADC (2008) 271.
...... the share of the respondent No. 1 within 3 months from the date of assessment of the value of the shares of the appellant No. 1 company.
2. The aforesaid Matter No. 94 of 2000 arose out of an application filed by the respondent No. 1 under section 233 of the Companies Act, 1994, seeking, amo..
Category: Company Law | Date: 22 Feb, 2005 | Hits: 364
Govt. of BD rep. by the Sec., Min. of Establishment Vs. Md. Abu Bakar, 2005, 34 CLC (AD)
....lotment of a plot to the writ petitioner. 5. So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ......n because the land of his father was acquired and he and other heirs already received compensation from the authority and that he made a formal prayer for allotment of the land as described in his application but no plot was allotted to him and that the last intimation that was given to him is o..Category: Property Law | Date: 16 Feb, 2005 | Hits: 69
Siraj Miah Vs. Mohammad Miah and others, 2005, CLC (HCD)
....t No.91 of 1977 renumbered as Title Suit No.52 of 1986 is hereby upheld. Send down the Lower Courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 356. ...... and dissatisfied with the impugned judgment and decree passed by the learned Appellate Court disallowing the appeal and affirming those of the trial Court, the plaintiff appellant has preferred this application under section 115(1) of the Code of Civil Procedure and obtained the instant Rule. ..Category: Property Law | Date: 7 Feb, 2005 | Hits: 2
Chairman, Sherpur Paurashava Vs. Md. Jahangir Hossain Chowdhury, 2005, 34 CLC (AD)
....-retainable khas land of the original landlord, we do not find any substance in the submission of the learned Counsel for the petitioner. The petitions are dismissed. Ed. ......e of the decree passed in that suit and the same is liable to be declared illegal and void. The suit land is a pond not under the control and management of Sherpur Pourshava, when the defendant filed application for mutation on 25-9-1985 and later on the plaintiff could know about the earlier decree..Category: Property Law | Date: 1 Feb, 2005 | Hits: 118
Mustaque Hossain (Md). Vs. Md. Shajahan Miah and another, 2005, 34 CLC (AD)
.... attributed for acceptance of the salami to render the tenant non‑ejectable in accordance with law. The petitions are dismissed. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 105. ......fer to the 3rd Court of Assistant Judge, Dhaka for setting aside the aforesaid ex parte decree. 5. The plaintiff contested the Miscellaneous Case the same by filing written objection and upon an application dated 25‑11‑2001 filed by the defendant petitioner, the learned 2nd Court of Assista..Category: Tenancy Law | Date: 1 Feb, 2005 | Hits: 120
SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267. ...... Advocate- For Respondent No.9. ANM Musfiqur Rahman, Assistant Attorney-General‑For the Respondent No.2. Writ Petition No.4433 of 2003. Judgment Syed Mahmud Hossain J.- In this application under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule..Category: Property Law | Date: 16 Jan, 2005 | Hits: 7
Monohar Joarder and others Vs. State, 2005, 34 CLC (HCD)
....LC record be sent down to the learned Additional Sessions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ......o murder him. In that view of the matter, reliance was made in the case of Abdus Samad Vs. State reported in 44 DLR (AD) 233 by the learned Assistant Attomey‑General which however, has no manner of application in this case in view of the different facts and circumstances. 44. In the case of A..Category: Criminal Law | Date: 15 Jan, 2005 | Hits: 3
Barkatullah Khan (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....cation and accordingly the same is allowed. 17. Accordingly, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 302. ......cates- For the Petitioner. Zaman Akhter Bulbul, Assistant Attorney-General- For the Respondents. Writ Petition No.5557 of 2003. Judgment Zubayer Rahman Chowdhury J. - By this application under Article 402 of the Constitution, the petitioner challenges the order dated 1‑7â€..Category: Employment/Service Law | Date: 15 Jan, 2005 | Hits: 2
Habibullah (Md) Vs. Sher Ali Khan and others, 2005, 34 CLC (AD)
....the discussions made herein above we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 55. ...... on no evidence since the appellate Court was in error in not accepting the case of the plaintiffs that they were dispossessed during the pendency of the suit and thereupon the plaintiffs filed an application for violation of the order of status quo and a Miscellaneous Case was registered and th..Category: Civil Law | Date: 15 Jan, 2005 | Hits: 177
Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)
.... stands vacated. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 57 DLR (2005) 635. ......kabala and delivered possession and thereupon, the defendant No.3 and delivered possession who mutated the Khatian in his name within the knowledge of the plaintiff and the plaintiff earlier filed an application for redemption where defendant No.1 appeared and challenged the agreements to be forged ..Category: Property Law | Date: 10 Jan, 2005 | Hits: 2
Afzal Molla (Md.) Vs. Government of Bangladesh & others, 2005, 34 CLC (HCD)
....e and the same is liable to be discharged. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 586. ......ul Kalam Mainuddin, Advocate‑For the Petitioner. Not represented‑The Opposite Parties. Civil Rule No. 509 (Con) of 2004 Judgment Md. Abdul Aziz J. - This Rule was issued on an application und section 5 of the Limitation Act. 2. The petitioner in his application has state..Category: Limitation Law | Date: 10 Jan, 2005 | Hits: 6
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