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Chittagong Dry Dock Ltd. Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....ervations made in the body of the Judgment. The Registrar is to take steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 412. ......ssistant Attorney-General with Kazi Zinat Hoque, Assistant Attorney-General - For the Respondent. Income Tax Reference Application No.485 of 2005. Judgment Zinat Ara J.- This reference application under section 160(1) of the Income Tax Ordinance, 1984 at the instance of the assessee-a..Category: Fiscal/Taxation Law | Date: | Hits: 107
Nazrul Islam (Md.) Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....er's property is declared to have been made without any lawful authority and is of no legal effect. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 39. ......ether the property is needed for immediate use or it is likely to be needed for some future use. The use of both these alternative expressions in the notice under section 3 is indicative of a lack of application of mind and the notice under section 3 is liable to be struck down on that ground as wel..Category: Property Law | Date: | Hits: 62
Abul Hasnat Bepari Vs. Md. Hasan Ali, 1987, 16 CLC (HCD)
....ings in C.R. Case No.121 of 1985 now pending in the Court of Upazila Magistrate, Taherpur is quashed. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 375. ......Lawyers Involved: Nasiruddin Chowdhury, Advocate-For the Petitioner. No one-For the Opposite Party. Criminal Revision No. 81 of 1985. Judgment Syed Misbahuddin Hossain J. - This is an application under section 561A of the Code of Criminal Procedure for quashing the proceedings in C..Category: Civil Law | Date: | Hits: 144
Dr. M. Rafiquzzaman Vs. Bangladesh Shilpa Bank, 2006, 35 CLC (HCD)
....f the judgment debtor is given a chance to place his submission before the learned District Judge in the Miscellaneous case. Accordingly we find that this is a fit case for sending back on remand for fresh trial. Therefore, the impugned judgment and order passed by the learned District Judge, Dhaka ......tion of loan granted to the borrowers by the Shilpa Bank and for that exclusive jurisdiction has been vested upon the District Judge to proceed with the realization case in a summary way by receiving application from the authorized officer of the bank and registering the same as a Misc. Case. So he ..Category: Civil Law | Date: | Hits: 127
Rajdhani Unnayan Kartipakha (RAJUK) Vs. Eunus Ali & others, 2012, 41 CLC (AD)
....ined in Title Suit No.464 of 1985 was a nullity and consequently, the impugned judgment is set-aside without any order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 1. ......qur Rahman, learned Senior Advocate, appearing on behalf of respondent Nos.1 (a)-1(e), supports the impugned judgment stating that the appellant did not have any locus standi to file the revisional application as it has not filed any case under Order IX rule 13 of the Code of Civil Procedure for s..Category: Property Law | Date: | Hits: 104
Md. Liton Bhuiyan @ Md. Liton Mia Vs. State, 2008, 37 CLC (HCD)
..... In the result, the Rule is discharged. Order of stay granted by this Court stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 323. ......irajgonj, should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Heard the learned Advocates appearing for both the sides. Perused the application under section 561A of The Code of Criminal Procedure for quashment of the proceeding. ..Category: Criminal Law | Date: | Hits: 90
Rashida Mahabub Vs. IFIC Bank & others, 2007, 36 CLC (HCD)
....ith the execution case in accordance with law. The order of stay stands vacated. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 78. ......2000 and the final decree was signed on 27-6-2002. Thereafter, the Bank on 9-10-2002 filed Title Execution Case No.123 of 1998 for execution of the decree passed in the suit before the Adalat. In the application for execution, the pledged and hypothecated goods were shown as schedule 'A and B'. Subs..Category: Civil Law | Date: | Hits: 136
Haji Mohammad Salim Ullah Vs. State and another, 2009, 38 CLC (HCD)
....nal Procedure. The Rule thus fails. In the result, the rule is discharged. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 416. ......jahan Kabir, Assistant Attorney-General with Nusrat Alam Chisty, Assistant Attorney-General - For the State. Criminal Revision No.563 of 2008. Judgment Siddiqur Rahman Miah J.- By this application under section 439 of the Criminal Procedure Code the petitioner seeks quashment of the o..Category: Criminal Law | Date: | Hits: 107
Saleha Khatoon @ Saleha Begum Vs. Abdur Rahman Kha, 2009, 38 CLC (HCD)
....he same was transferred to and heard by the Subordinate Judge, Second Court, Faridpur who set aside the aforesaid judgment and decree and sent back the case on remand to the concerned lower court for fresh trial (trial afresh) with the observation, “বিজ্ঞ নিম্ন আদাল......que Ahmed J.- This rule at the instance of the plaintiff petitioner was issued calling upon the opposite party to show cause as to why the impugned judgment and decree complained of in the revisional application should not be set aside and or pass such other or further order or orders as to this Cou..Category: Civil Law | Date: | Hits: 114
....ined.
The order of stay granted at the time of issuance of the rule is hereby vacated.
Send down the L.C. Records immediately.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 444.
......Title Suit No.424/79 was transferred to the Court of Senior Assistant Judge, Shingair and it was renumbered as Title Suit No.118/83.
4. On 27.02.91 opposite party No.1 Rafique Uddin Ahmed filed an application under order 1, Rule 10 of the Code of Civil Procedure for addition of party stating that..
Category: Civil Law | Date: | Hits: 103
Sharmin Akhter Vs. Major (Rtd.) Mahbub Akbar Bhuyian, 2012, 41 CLC (HCD)
....e the operative portion of the impugned order will remain unchanged and will take effect from the next date of hearing of the appeal, if it is still pending. Ed. This Case is also Reported in: ......For the opposite party. Civil Revision No.568 of 2004. Judgment Md. Ruhul Quddus J.- This Rule at the instance of respondent-petitioner Sharmin Akhter, mother of a minor boy was issued on an application under section 115 of the Code of Civil Procedure to examine the legality of order dated ..Category: Family Law | Date: | Hits: 117
Nirmal Chandra Halder Vs. Hasina Begum and others, 2012, 41 CLC (HCD)
....rt considers that further evidence is required to be adduced, it is at liberty to give the parties such opportunity. Send down the lower Court’s records. Ed. This Case is also Reported in: ......nd Court, Jhalakathi ultimately heard the appeal and allowed the same by judgment and decree dated 1.4.2008, challenging which the plaintiff-respondent moved in this Court with the present revisional application and obtained the Rule with an order of status quo in respect of possession of the suit l..Category: Civil Law | Date: | Hits: 73
Md. Khalilur Rahman Vs. Md. Alam Bepari & others, 2007, 36 CLC (HCD)
....rgent reasons. The office is directed to send a copy of this order to the Tribunal positively within a period of 30 days from date. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 36. ......es of dead persons. 3. The petitioner of election petition examined 3.P.Ws. and the opposite party No.1 of the election petition examined 4 O.P.Ws. The petitioner of the election petition filed an application on 7-7-04 for recounting of ballot papers on the ground that the petitioner has establis..Category: Election Law | Date: | Hits: 509
Md. Raushan Alam Vs. Mst. Zahura Khatun, 2012, 41 CLC (HCD)
....e interim order of stay granted earlier is vacated. The trial Court is directed to dispose of the suit expeditiously. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......s Involved: No one appears for either of the parties. Civil Revision No. 3996 of 1996 Judgment Md. Ruhul Quddus J. - This Rule at the instance of the plaintiff-petitioner was issued on an application under section 115(1) of the Code of Civil Procedure calling in question the legality of ..Category: Procedural Law | Date: | Hits: 105
....ided for in Articles of Association, prima facie there cannot be, any problem in running the affairs of the company. If this is as such as submitted by Mr. Ahmed then the Board of Directors in a fresh legally constituted meeting can now, ratify, the resolution dated 7‑1‑95. The Indian Supre......the operation of the bank accounts of the company maintained with the defendant No.1 bank at BCIC Bhaban. 30/31, Dilkusha Commercial Area, Dhaka. After the filing of this suit the plaintiffs filed an application under Order 39, rules 1 and 2 of the Code of Civil Procedure with a prayer for restraini..
Category: Company Law | Date: | Hits: 127
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....ourt of Session, and hence the notion of justice will be frustrated if through a writ of certiorari the conviction is completely set aside, because in that event he will go scot free without facing a fresh trial de novo. Secondly, other complicated issues are also blended with this case, such as......ame to know of the purported conviction and the sentence that was passed on her husband. 11. On learning of the purported passage of death sentence on her husband, the Petitioner No.2 preferred an application to the so-called President, to the so-called Chief Martial Law Administrator and to Majo..Category: Criminal Law | Date: | Hits: 154
Amarbati Natya Mandir Vs. State, 2009, 38 CLC (HCD)
....n for leave to proceed with the suit after amendment of the plaint is allowed. The order of abatement of the suit is also set aside. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 217. ......sh Kanti Ghose against the respondent for declaration of title in the suit property mentioned in the schedule to the plaint. The secretary of the plaintiff died on 25th March 2004, and pursuant to an application filed by the respondent on 8th July 2004, the learned Joint District Judge recorded an o..Category: Civil Law | Date: | Hits: 104
Md. Abdul Jabbar Sarker Vs. State and another, 2011, 40 CLC (HCD)
....Rule. In the result, the Rule is discharged. Office is directed to send down the lower Court record with copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 103. ...... ground that the complaint did not file any supporting document or affidavit and therefore there was no reason to proceed with the case. 9. The petitioner has taken the grounds in his Revisional application that the learned Senior Special judge, Rajshahi should have taken cognizance of the al..Category: Procedural Law | Date: | Hits: 92
Abdul Motaleb and others Vs. Customs, Excise and VAT Appellate Tribunal, 2011, 40 CLC (HCD)
....tice dated 14-2-2008 (Annexure-C) is also declared to have been passed and issued without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 100. ......emand could be made under section 55(3), none of the provisions of section 37 could be resorted to. It is needless to say as the fiscal law demands strict interpretation so equally demands for strict application by an authority authorized to apply. The VAT Act is a comprehensive tax law. It has defi..Category: Fiscal/Taxation Law | Date: | Hits: 135
Rezia Sultan & another Vs. Md. Haroon Malik and another, 2011, 40 CLC (HCD)
....cellaneous case No.192 of 1980 are set aside. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 347. ......rte decree, plaintiff put the decree into execution and Court issued writ of delivery of possession on 30-9-80; defendants were evicted from the suit premises on 5-10-80. Thereafter, defendants filed application under Order IX, rule 13 of the Code of Civil Procedure in the Court of Munsif, 3rd Court..Category: Civil Law | Date: | Hits: 94
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