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Chittagong Dry Dock Ltd. Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....ation 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-application arises out of an order dated 21-8-2005 passed by the Taxes Appellate Tribunal, Chittagong Bench, Chittagong in Income Tax A......ess of the succeeding years. He lastly contends that the question posed in reference application No.93 of 2005 is not identical to question No. III of his reference application and, as such, the said decision has no manner of application in the case and therefore, question No. III should be answer..Category: Fiscal/Taxation Law | Date: | Hits: 107
Neo Mendes and others Vs. State, 2007, 36 CLC (HCD)
....f 2005 at the instance of accused No.6, Shahabuddin Chowdhury and accused No.7, Ranjit Kumar Chowdhury of the charge-sheet were issued for quashment of the proceeding of Doublemooring P.S. Case No.17 dated 17.10.2001 under section 406/420/467/468/471/476/121-A/109 of the Penal Code pending before th......itful result to the complainant as the complaint excepting harassing the accused petitioners nothing has been disclosed, as such the instant proceeding is liable to be quashed. 4. In the aforesaid decision of this Court passed in Criminal Miscellaneous Case No.8550 of 2001 this Court relying on t..Category: Criminal Law | Date: | Hits: 70
Nazrul Islam (Md.) Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....der Article 102 of the Constitution of the People's Republic of Bangladesh, calling upon the respondents to show cause as to why the proceedings in LA Case No.22 of 1996-97 under Process No.259/7(16) dated 5-10-1997 (Annexure-B), issued by the respondent No.2, should not be declared to have been pas......11 only by 21-5-2000, considering him as owner to the said property. The petitioner has not yet taken any compensation and his property is still in his possession. After expiry of one year from the decision of acquisition dated 5-10-1997, the respondent No.2 has no authority to issue such notice a..Category: Property Law | Date: | Hits: 62
Dr. M. Rafiquzzaman Vs. Bangladesh Shilpa Bank, 2006, 35 CLC (HCD)
....ndent. First Miscellaneous Appeal No.162 of 2000 with Civil Rule No. 566(F.M) of 2000. Judgment Md. Arayes Uddin J.-This Misc. Appeal has been preferred against the judgment and order dated 29.11.1999 passed by the learned District Judge, Dhaka in Misc. Case No.393 of 1999 decreeing ......k any adjournment. The order of stay is vacated and the connected civil rule is discharged. Let the L.C.R be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 18. ..Category: Civil Law | Date: | Hits: 127
Rajdhani Unnayan Kartipakha (RAJUK) Vs. Eunus Ali & others, 2012, 41 CLC (AD)
....ate, instructed by Nazrul Islam Bhtiiyan, Advocate-on-Record—For Respondent Nos. 1(a)-1(e). Not represented—Respondent Nos.2-7. Civil Appeal No.280 of 2010. (From the judgment and decree dated 14th day of October, 2009 passed by the High Court Division in Civil Revision No.3994 of 2007)......e way of getting the desired relief. Therefore, the revisional application filed by RAJUK before the High Court Division was quite competent to right the wrong. 20. The findings arrived at and the decisions made by the High Court Division are not based on proper appreciation of laws and facts and..Category: Property Law | Date: | Hits: 104
Md. Liton Bhuiyan @ Md. Liton Mia Vs. State, 2008, 37 CLC (HCD)
....er Maqbul Huq J.- The instant Rule was issued calling upon the opposite party to show cause as to why the proceedings of Sessions Case No.211 of 2007 arising out of Belkuchi Police station Case No.01 dated 8.7.2007 corresponding to G.R. Case No.66 of 2007 under section 19(1) table 7(b) of the Madak ....... 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. ..Category: Criminal Law | Date: | Hits: 90
Rashida Mahabub Vs. IFIC Bank & others, 2007, 36 CLC (HCD)
.... Masud Ahmed Sayed, Advocate - For Respondent No.1. Writ Petition No.711 of 2004. Judgment Zinat Ara J.- In this Rule Nisi the petitioner challenged the legality of the orders dated 12-8-2003 and 8-2-2004 passed by the Artha Rin Adalat No.3, Dhaka in Title Execution Case No.1...... the decretal money is to be deposited and on that ground also the second impugned order dated 8-2-2004 is without lawful authority. 13. In support of his contention, Mr. Asadullah referred to the decisions of the following cases: (1) Abbasuddin Chowdhury Vs. Chandra Mohan Chowdhury, reported ..Category: Civil Law | Date: | Hits: 136
Haji Mohammad Salim Ullah Vs. State and another, 2009, 38 CLC (HCD)
....sp; 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 order No.09 dated 02.03.2008 passed in Sessions Case No.1351 of 2007 arising out of CR Case No.716 of 2007 (Kotw......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. ..Category: Criminal Law | Date: | Hits: 107
Category: Fiscal/Taxation Law | Date: | Hits: 107
Saleha Khatoon @ Saleha Begum Vs. Abdur Rahman Kha, 2009, 38 CLC (HCD)
....aint. 3. The defendant (Opposite Party) field a written statement and contested the suit. 4. The learned Senior Assistant Judge, Madhukhali, Faridpur decreed the suit by his judgment and decree dated 25.05.1999, holding that the defendant had not been in possession of the disputed land earlier......he revisional jurisdiction of the High Court Division under Section 115(1) of the Code of Civil Procedure. The learned Advocate for the petitioner in support of his submission has referred to several decisions to the effect that though the plaintiff petitioner appeared in those appeals and contested..Category: Civil Law | Date: | Hits: 114
Category: Civil Law | Date: | Hits: 103
Sharmin Akhter Vs. Major (Rtd.) Mahbub Akbar Bhuyian, 2012, 41 CLC (HCD)
....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 1.3.2004 passed by the Additional District Judge, 5th Court, Dhaka in Miscellaneous Family App......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: ..Category: Family Law | Date: | Hits: 117
M. A. Jaher and others Vs. Sonali Bank and others, 2007, 36 CLC (HCD)
....or the Petitioners. Asad Hossain Chowdhury, Senior Advocate - For the respondent No.1-2. Writ Petition No.6067 of 2004. Judgment Md. Abu Tariq J.- This rule has arisen out of order No.49 dated 16.6.2004 issuing warrant of arrest against the writ petitioners passed by the Artha Rin Adala...... surrender before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 283. ..Category: Civil Law | Date: | Hits: 69
Md. Khalilur Rahman Vs. Md. Alam Bepari & others, 2007, 36 CLC (HCD)
....osite Parties. Civil Revision No.1730 of 2006. Judgment Bijan Kumar Das J.- By this Rule the opposite party No.1 was called upon to show cause as to why the impugned Judgment and order dated 20-4-2006 passed by the learned District Judge, Pirojpur being Election Appellate Tribunal in ......s of justice, if the ballot papers are recounted in presence of the concerned parties. In view of the finding of the lower Appellate Tribunal I do not find any illegality or infirmity in the impugned decision. I shall only point out that the Election Tribunal shall consider the gunny bags before ope..Category: Election Law | Date: | Hits: 509
Abdul Matin Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (HCD)
....07, being area .01 had been suit property. c. Baluster of claim put forth by plaintiff was that he took settlement of suit tank plot No.596 from Maharaja of Tripura by way of registered Patta deed dated 9-4-1951 and got possession thereof. d. Suit was contested by First-Defendant-Government ...... The Rule is made absolute. Doctrine of res judicata Doctrine of res judicata has received a statutory sanction in The Code as a matter of prudence and to give due weightage to a finding or decision so as to reach finality in the matter of a dispute between the same parties or litigating u..Category: Property Law | Date: | Hits: 69
Md. Raushan Alam Vs. Mst. Zahura Khatun, 2012, 41 CLC (HCD)
....ddus 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 judgment and order dated 18.8.1996 passed by the Senior Assistant Judge, Gaibandha Sadar allowing an application under ......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: ..Category: Procedural Law | Date: | Hits: 105
Category: Company Law | Date: | Hits: 127
Jalaluddin @ Badsha Vs. State, 1986, 15 CLC (HCD)
....uddin Sircar - For the State. Md. Nowab Ali - For the State. Criminal Appeal No.339 of 1982. Judgment Amin-ur-Rahman Khan J.- This appeal is directed against the Judgment and order dated 30-11-82 passed by Mr. Golam Rasul, Assistant Sessions Judge, Kishoreganj convicting the app...... of the charge. The appellant shall be set at liberty forthwith if not wanted in any other connection. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 119. ..Category: Family Law | Date: | Hits: 108
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
.... As many as four Writ Petitions, registered as Writ Petitions no. 7236 of 2010, 826 of 2011, 1048 of 2011 and 1059 of 2011 respectively had been filed challenging the validity of the (i) Proclamation dated 20th August, 1975, whereby the whole of Bangladesh was placed under Martial Law, (ii) the Mart......owered the tribunal to sit in camera at the so-called chair’s discretion. 7. The so-called regulation placed a total clog on appeal, stipulating, “No appeal shall lie to any authority from any decision or judgment of the tribunal”. 8. Section 4 (10) thereto stipulated that when the tribu..Category: Criminal Law | Date: | Hits: 154
Amarbati Natya Mandir Vs. State, 2009, 38 CLC (HCD)
....atement. 6. The learned Joint District Judge also noticed that fact but rejected the petition on the reasoning that the plaintiff did not seek for setting aside abatement by furnishing the correct date of death. The learned Joint District Judge fails to notice that the question of abatement arose......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. ..Category: Civil Law | Date: | Hits: 104