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Mofazzal Hossain Chowdhury Maya Vs. The State, 2010, 39 CLC (HCD)
....der passed for confiscation of the property of the appellant is also set aside. Let the appellant be discharged from his bail bond. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 156.......e prejudice of any person, such acts cannot be ratified or validated by post facto legislation, his action remains void." 14. In the case in hand the notice was served on 18.2.2007. Therefore, the principle expounded by the Appellate Division applies to the facts and circumstances of the present ......der passed for confiscation of the property of the appellant is also set aside. Let the appellant be discharged from his bail bond. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 156...Category: Criminal Law | Date: | Hits: 133
Raju Bala Kuri and others Vs. Narayan Chandra Kuri, 2009, 38 CLC (HCD)
....osts and 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: 16 MLR (HCD) (2011) 126. ......s and care taken by Santo Kumar Kuri gifted the suit land in his favour and as such the disputed deed in a genuine one. 12. Now a question may come whether this kind of gift is also covered by the principle of legal necessity Mr. Abul Kalam Chowdhury, the learned Advocate has referred to a decisi...... she had no male issue; that the said Santo Kumar Kuri used to maintain her, gave treatment and took every care of her and that he also spent for the spiritual benefit of her husband by spending huge amount of money from his own fund and that even after death of her, Santo Kumar Kuri was authorised ..Category: Civil Law | Date: | Hits: 103
Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)
.... 2nd Court, Narayanganj is hereby set aside and the plaint of Title Suit No.31 of 2002 is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 97, 118; 16 BLC (HCD) (2011) 277, 293. ...... 2nd Court, Narayanganj is hereby set aside and the plaint of Title Suit No.31 of 2002 is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 97, 118; 16 BLC (HCD) (2011) 277, 293. ......btor may prefer an application under section 6(2) of the Artha Rin Adalat Ain, 1990 or under section 19 of the Artha Rin Adalat Ain, 2003 for setting aside the ex-parte decree upon deposit of certain amount as per the said provisions of law and in that view of the matter the Judgment-debtor has no l..Category: Civil Law | Date: | Hits: 141
Meher Negar Vs. Mojibur Rahman, 1994, 23 CLC (HCD)
.... Motion No. 13 of 1987 is hereby set aside and that of the Magistrate, Kalkini passed in Miscellaneous Cass No. 42 of 1986 is restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 18. ......hat the relevant provisions of the West Pakistan Family Court Act, 1964 are quite different from the relevant provisions of our law i.e. the Family Courts Ordinance, 1985 and as such the above quoted principle of law laid down by the Supreme Court of Pakistan cannot be applied in our country. It can...... Motion No. 13 of 1987 is hereby set aside and that of the Magistrate, Kalkini passed in Miscellaneous Cass No. 42 of 1986 is restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 18. ..Category: Family Law | Date: | Hits: 215
Syed Monirul Huda Chowdhury Vs. Fouzia Chowdhury and others, 1994, 23 CLC (HCD)
....cepted. The revision is thus devoid of any merit. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 47 DLR (AD) (1995) 10.......it could not be allowed if it changed the nature and character of the suit, or if the prayer for amendment had become barred by lapse of time and a right had accrued to the other side. But the latter principle can be departed, if there are circumstances which outweigh the hardship and cause of preju......cepted. The revision is thus devoid of any merit. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 47 DLR (AD) (1995) 10...Category: Property Law | Date: | Hits: 151
....ioner of Taxes.
Send a copy with the seal of the Court to the Appellate Tribunal, Chittagong.
There will be no order as to costs.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 6.
......hin three years and cannot be carried over to be added with 4th year's credit and hence there is no question of continuation of business and continuation of credit liability standing over years. This principle is not at all applicable for income‑tax purpose because the provision of section 10(2A)(......vant to the assessment year 1972‑73 and the respondent admitted non‑payment of the said liability of Taka 25,68,022.00 within three years and, as such, the Deputy Commissioner of Taxes added this amount to profits of the assessee respondent under section 10(2A)(iii) of the Income Tax Act for the..
Category: Fiscal/Taxation Law | Date: | Hits: 188
American Bureau of Shipping Vs. Commissioner of Taxes (South) Zone, Chittagong, 1994, 23 CLC (HCD)
....l dispose of these three Reference applications namely, Application Nos. 80, 81 and 82 of 1992. There shall be no order as to costs. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 1. ......ection 4 of the Income Tax Act, income includes all incomes, profits and gains from whatever source derived. Total income includes profits and gains referred to in subsection (1) of section 4 and the principle underlying changeability of income depends on the legal accumulation or receipt where that......ed Assistant Joint Commissioner of Taxes, for that matter the Income Tax Appellate Tribunal, was justified in deleting disallowance of expenses for fees for plan approval, engineering, etc. and the amount for the essential co‑ordinating services and expenses and debited in the account of the ass..Category: Fiscal/Taxation Law | Date: | Hits: 159
Abdul Ali and another Vs. State, 1977, 6 CLC (AD)
....e with the judgment of brother K. Hossain J. Order of the Court In view of the opinion of the majority the appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 58. ......xtra ordinary power which is inherent in the High Court for doing justice but such power is to be used extremely cautiously and that solely for advancing the cause of justice. It is also a salutary principle that a criminal proceeding started against a certain person should not be thwarted or in......n Initial stage may be justified where the facts are so preposterous that even on the admitted facts no case can stand against the accused and that a further prolongation of the prosecution would amount to harassment to an innocent party and abuse of the process of the Court." 19. In the said..Category: Criminal Law | Date: | Hits: 115
Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)
....at the appeal is allowed with costs. The judgment and decree of the High Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ......h the plaintiffs as their bargadars and the plaintiffs, so long as they were in such possession, were estopped from denying the title of the defendants who had inducted them into such possession. The principle underlying the provision of section 116 of the Evidence Act, read with section 115 of the ......at the appeal is allowed with costs. The judgment and decree of the High Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ..Category: Property Law | Date: | Hits: 97
Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)
.... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ......e does not in terms prescribe specifically the service of any notice upon the parties concerned, the practice of issuing a rule upon such parties before the final order is made is dictated by the principle of natural justice to which a Court of law is required to adhere before making any judicia...... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ..Category: Civil Law | Date: | Hits: 111
Musammat Khaleda Razia Khanam and others Vs. Mahtabuddin Choudhury and others, 1977, 6 CLC (AD)
....chase enured to the benefit of Kushor Pashi. We do not find any of the contentions to be of substance. The petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 27. ......le in favour of plaintiff was based on such a Nadabi deed. The Nadabi deed appears to have been taken to be a piece of evidence merely to strengthen the plaintiff's claim of title on the basis of the principle of feeding the grant by estoppel. 7. Mr. Khandker has further submitted that in any vie......chase enured to the benefit of Kushor Pashi. We do not find any of the contentions to be of substance. The petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 27. ..Category: Property Law | Date: | Hits: 102
....f Rs.36 per bigha is payable by the Tenant in two equal half-yearly of April and on the 1st day of October each year.
10. In addition to the annual rent which is payable in two equal half-yearly installments, as has been one of the terms of the Indenture of lease, the Government has sought to......ed that when such land is held free of rent, such development and relief tax shall be levied and collected at the rate of four annas on each rupee of rent that would be assessable on such land on the principles laid down in section 26 of the East Bengal State Acquisition and Tenancy Act,1950.
(......d 28-3-70 addressed to Respondent No.2, stating that all rents till 1969 has been deposited and asked for withdrawal of the said notice. On an enquiry made by the appellant he was informed that the amount of the demand consisted of Development and Relief Tax at the rate of 25% of the rent with eff..
Category: Property Law | Date: | Hits: 114
Mokbul Hossain and others Vs. State, 2011, 40 CLC (HCD)
....e acquitted of charges leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ...... 22. Furthermore, the learned Judge in passing his judgment and order of conviction did not consider the statements of appellant Nos.1 and 2 made under section 342 of the Code. It is a well settled principle of law that non-consideration of statements under section 342 of the Code causes miscarria......e acquitted of charges leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 105
State Vs. Jahangir Mallik, 2008, 37 CLC (HCD)
....onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ......guilty man does not escape. Both are public duties. A judge is to sift grain out of chaff. Therefore, he cannot afford any favour other than truth and only truth. In the touchstone of above stated principles of criminal Jurisprudence, the points formulated are being addressed. 17. The learned ......onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ..Category: Criminal Law | Date: | Hits: 87
Pubali Bank Ltd. Vs. Farzana Begum and another, 2009, 38 CLC (HCD)
....and realise the same through the process of law. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 49.......fund. So the amount of claim may be reduced according to section 47 of the Artha Rin Adalat Ain, 2003, which allows the Bank to set up claim of only the loan amount by adding not more than double the principle amount as interest irrespective of the contract. In the said line, we consider it fit and ......e charge documents necessary for the purpose and the original defendant No. 2 SM Nazimuddin was guarantor by mortgaging his property against the sanctioned loan. The defendant No. 1 withdrew the loan amount but did not repay the same in accordance with the terms and conditions of the contract. Sever..Category: Civil Law | Date: | Hits: 116
Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
.... the CIB Report is mala fide, arbitrary and without lawful authority. Mr. Akhter Imam thereafter submitted that the petitioners have deposited an installment and now ready and willing to pay the rest installments as per terms and conditions of the offer of compromise and, as such, the inclusion of t...... is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3-12-2000 is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 34. ......hind the back and knowledge of the petitioners. The respondent No. 3 bank instituted Mortgage Suit No. 21 of 1990 in the Court of Subordinate Judge and Artha Rin Adalat No. 1, Chittagong, claiming an amount of Taka 8,89,94,800.22 against the petitioners and others. The petitioners duly appeared and ..Category: Civil Law | Date: | Hits: 121
Baby Masum & another Vs. Bangladesh Film Development Corporation, 2009, 38 CLC (HCD)
.... Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 29. ...... Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 29. ......y the accused petitioners in this case, it appears that admittedly there was a written contract between the FDC and the accused petitioners for making a film on stipulated terms and conditions and an amount of Taka 35,93,315 became payable by the petitioners to the FDC for using the materials and se..Category: Criminal Law | Date: | Hits: 95
....e.
Accordingly, the Award dated 8-4-2006 is hereby set aside.
There will be no order as to costs.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 20; 14 MLR (HCD) (2009) 441.
......efore an Arbitral Tribunal, there may very well be an Award by the majority. This is an undisputed position. At the same time, the arbitration proceeding must also conform to certain well established principles and norms of legal rules and conduct. Upon conclusion of hearing, the members of the Trib......espondent herein) and dismissed the counterclaim of the respondent (the petitioner herein).
4. The dissenting opinion was given by Mr. M Amirul Islam, who allowed the claim of the claimant for the amount of Taka 4,88,72,217.43 and also allowed the counterclaim of respondent No. 1 for Taka 57,26,9..
Category: Alternative Dispute Resolution | Date: | Hits: 385
State Vs. Anwar Hossain and others, 2008, 37 CLC (HCD)
.... sentenced to imprisonment for life. The jail appeals are accordingly, disposed of. Send down the lower Court's records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 1. ......ve beyond all reasonable doubt that the convicts shot the deceased to death. He refers the cases of Anisur Rahman Vs. State, 1986 BLD (AD) 79 and Billat Vs. State, 52 DLR (AD) 143 as to the settled principle of law of the theory of last seen. He adds that accused Abu Bakar, Bipul, Miru, Babui and...... sentenced to imprisonment for life. The jail appeals are accordingly, disposed of. Send down the lower Court's records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 1. ..Category: Criminal Law | Date: | Hits: 67
Nur Mohammed alias Bog Master Vs. State, 1988, 17 CLC (HCD)
....tion and sentence passed against the accused-petitioner is set aside. Let the accused-petitioner be discharged from his bail-bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 301. ......ing the burden of proof entirely on the defence holding that the talk of amicable settlement between the parties became corroborative proof of alleged occurrence in total ignorance of the established principle of Criminal jurisprudence. The learned appellate Court also has not arrived at any indep......tion and sentence passed against the accused-petitioner is set aside. Let the accused-petitioner be discharged from his bail-bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 301. ..Category: Criminal Law | Date: | Hits: 92
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