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Kamal Uddin Ahmed, Director, Holy Crescent Hospital Limited Vs. Chairman, National Board of Revenue, 2015, 44 CLC (HCD)

....d completeness of the return. Therefore, it cannot be said that the IACT has no jurisdiction to pass any order under section 120 of the Ordinance….. (14 &15) it is a settled principle of law that the IACT may invoke his jurisdiction under section 120 of the Ordina...... No costs. Communicate the judgment to respondents No.3 and 4 at once. J.N. Deb Choudhury J.—I agree. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 91   ......DCT is erroneous in so far as it is prejudicial to the interest of the Government revenue and the error of the DCT must be an error of law and not an error on facts………. (16) Lawyers Involved: Sarder Jinnat Ali, Umbar Ali, Ali Akbar Khan and Delwar H..

Category: Fiscal/Taxation Law | Date: | Hits: 0

Most. Renu Begum Vs. Khandoker Enamul Mowla and others, 2011, 40 CLC (HCD)

.... of appeal below that one witness is not sufficient to prove the bainapatro in question appears to be perverse being contrary to Section 134 of the    Evidence Act and well established principles of law. Mr. Zafer Ali Khan, the learned Advocate for the defendant-opposite parties has f......the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be set down at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 58.   ......parties Judgment July 20, 2011. Cases Referred to- Result: The Rule is made absolute. Case Referred To- 5 BLC 649, 59 DLR (AD) 39, 56 DLR 285, 29 DLR (SC) 211. Lawyers Involved: Moklesur Rahman with Mrs. Jobaida Pervin, Advocates-For the petitioner Z..

Category: Evidence Law | Date: | Hits: 6

Musammat Nahida Sultana Vs. Md. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)

.... this judgment. 28.  Let a copy of the judgment along with reconstructed case record be sent down at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 32.   ...... this judgment. 28.  Let a copy of the judgment along with reconstructed case record be sent down at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 32.   ......others ………....Respondents Judgment November 14, 2012. Result: The appeal is allowed. Cases Referred to- 32 DLR (AD) 231; 21 DLR 353, 7 DLR 173 Lawyers Involved: Golam Arshed, Advocate—For the appellant Abdus Samad Azad, Advocat..

Category: Civil Law, Procedural Law | Date: | Hits: 2

AKM Fazlul Haq and anothers Vs. People’s Republic of Bangladesh and others, 2010, 39 CLC (HCD)

....s from the date of receipt of the certified copy of the judgment and order passed today. There will be no order as to cost. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 178 ......s from the date of receipt of the certified copy of the judgment and order passed today. There will be no order as to cost. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 178 ......call for interference by this Court. When the classification appears to be unreasonable and arbitrary it is to be regarded as an infringement of the equality clause. ...... (17, 25 &26) Lawyers Involved: Abdur Razzaq, Senior Advocate and Tanvir Ahmed Al-Amin, Advocate—For th..

Category: Administrative Law, Employment/Service Law | Date: | Hits: 5

Rai Kishori Saha Vs. Md. Motaleb Ali and Others, 1892, 11 CLC (HCD)

....he State Acquisition and Tenancy Act is restored. This Rule is, therefore, made absolute without any Order as to cost. Ed.  This Case is also Reported in: 34 DLR (HCD) (1982)178 ......he State Acquisition and Tenancy Act is restored. This Rule is, therefore, made absolute without any Order as to cost. Ed.  This Case is also Reported in: 34 DLR (HCD) (1982)178 ......d of her life time a Hindu widow is a complete owner and co-share of any property or holding in question, with the right to claim partition and consequently having the right to claim preemption. Lawyers Involved: Rafiqur Rahman, Advocate with Serajur Rahman, Advocate—For the Pet..

Category: Property Law | Date: | Hits: 3

Moklesur Rahman & others Vs. State & others, 1983, 12 CLC (HCD)

....the court concerned immediately for early disposal of the present case. Amin-ur-Rahman Khan J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 174   ......the court concerned immediately for early disposal of the present case. Amin-ur-Rahman Khan J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 174   ......storing the original Sessions Case to its file and number setting aside the order of release passed the predecessor-in-office under section 339C (4) of the Code of Criminal Procedure— Lawyers Involved: Taleb Ali—For the petitioners. Sultan Ahmed, D.A.G. with Md. Mokht..

Category: Criminal Law, Procedural Law | Date: | Hits: 1

Md. Siddiqur Rahman, Acctt/Funds & Claims & others Vs. The Board of Trustees, Port of Chittagong, and others, 1975, 4 CLC (HCD)

....efusal to honour an obligation arising out of such a contract cannot be enforced in exercising the jurisdiction conferred on the predecessor of this Court by Art. 98 of the Constitution. Similar principle was recognized in the case of Mustafa Ansari Vs. Deputy Commissioner, Chittagong Hill Trac...... is discharged. We, however, make no order as to costs. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 481       ......y o9f Dacca Vs. Zakir Ahmed (1964) 16 DLR SC 722, PLD 1965 ( SC) 90; The Chairman, East Pakistan Industrial Development Corporation, Dacca Vs. Rustum Ali (1967) 19 DLR SC 106 PLD 1966 ( SC) 848. Lawyers Involved: Joynal Abedin- For the petitioner Ahmed Sobhan with Md. Fazlul Karim for..

Category: Administrative Law | Date: | Hits: 1

M/S Helal Jute Press Ltd Vs. Govt. of Bangladesh, 1975, 4 CLC (HCD)

....cate can be granted and the prayer is, accordingly, rejected. Fazle Munim J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 551       ......cate can be granted and the prayer is, accordingly, rejected. Fazle Munim J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 551       ......ss Ltd..................Petitioner Vs. Govt. of   Bangladesh......................Respondents Judgment March 12, 1975. Result: The Rule is made absolute. Lawyers Involved: Amirul Islam with fsmiruddin Sircar, Advo­cates—For the Petitioners..

Category: Abandoned Properties Law | Date: | Hits: 7

M. R. Khan, Chairman of the Board of Governors, Bangladesh National Society for the Blind Vs. Bangladesh and others, 1975, 4 CLC (HCD) Adminis/constitutional

.... before taking any action by way of suspension of any Governing Body the aggrieved party i.e. the Governing Body would be entitled to receive any show cause notice— In accordance with the principles of natural justice, no penal action shall be taken against anyone without any prior notic......mature stage. Accordingly, the Rule in this petition should be discharged for the reasons stated herein before. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 602   ......enable to defend oneself before any final penal action is taken……(22) Cases referred to: Durayappah Vs. Fernado, 1967(2) AELR 152; Wiseman Vs. Borneman, 1969(3) AELR 275. Lawyers involved: Khandaker Mahbubuddin Ahmed, with Pathan Shafiqur  Rhaman—For the ..

Category: Constitutional Law | Date: | Hits: 2

Mojibur Rahman Gazi Vs. State, 1993, 22 CLC (HCD)

....rwarded to the learned Sessions Judge, Jhalakati, for immediate necessary action in accordance with law. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 423     ......rwarded to the learned Sessions Judge, Jhalakati, for immediate necessary action in accordance with law. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 423     ...... of age and that initially he had no premeditation to murder, ends of justice would be substantially met if he is sentenced to imprisonment for life……………..(20) Lawyers Involved: S.A. Hasan, Assistant Attorney‑General—For the State. Sayed Ziau..

Category: Criminal Law | Date: | Hits: 2

Abdul Mukid (Md.) Vs. Artha Rin Adalat, Khulna and another, 2013, 42 CLC (HCD)

....father did not raise any objection before the Artha Rin Adalat regarding its lack of jurisdiction, yet, he submits, jurisdiction of a court cannot be conferred by consent of parties and, as such, the principle of estoppel, waiver & acquiescence will not apply against him in the present case. In ......order passed or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014)2 11, 33 BLD (HCD) (2013) 296.   ......nance Corporation Vs. Jahanara Akter, 16 BLD (AD) 231; 49 DLR (AD) 80; Essex Incorporated Congregational Church Union Vs. Essex CC, [1963] AC 808 Mahmudul Haque Vs. Shamsul Alam, 36 DLR (AD) 179 Lawyers Involved: Ahmed Nowshed Jamil, Advocate- For the Appellant. Writ Petition No. 4303..

Category: Others | Date: | Hits: 3

SM Sirajul Islam Vs. Janata Bank WAPDA Branch, 2013, 42 CLC (HCD)

....reby set-aside. The order of stay granted earlier by this Court is hereby vacated. Communicate this judgment at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 119. ......reby set-aside. The order of stay granted earlier by this Court is hereby vacated. Communicate this judgment at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 119. ......er the Artha Cases from one Court to another Court of compe­tent jurisdiction not under the Code of Civil Procedure but under the provisions of Artha Rin Adalat Ain, 2003….........(8) Lawyers Involved: Pankaj Kumar Kundu, Advocate—For the Petitioner. Akbar Amin, Advo..

Category: Banking Law, Civil Law | Date: | Hits: 3

Chairman, Power Development Board & Others, 1980, 9 CLC (AD)

....h Court and the Labour Court are set aside and the applications under section 34 are dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 59 ......h Court and the Labour Court are set aside and the applications under section 34 are dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 59 ......appeals are allowed. Section 34 is not meant for estab­lishment of any right, but it provides for enforcement of any existing right guranteed or secured by law, award or settlement. (7) Lawyers Involved: Serajul Huq and Amir Hossain, Advocates, instructed by S.M. Huq, Advocate-on-..

Category: Labour and Industrial Law | Date: | Hits: 1

S. M. Qamruzzaman Vs. State, 1980, 9 CLC (HCD)

....int as stated by Bose in his treatise on Evidence: "no matter how unanswerably the absence of the original source is accounted for, the inferior evidence will not be received." 16. The principle was never in doubt that generally speaking the statements for declara­tions of parsons...... and serve out the remainder of the sentence. The order granting stay of realisation of fine is vacated. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 107.     ......Telikecheral Kendalel Venkata Ramanaja vs. Telikecheraia Kandalal, 97 1C 785; Sheonandan Singh & others Vs. Jeonandan Das, 13 CWN 71;Chennupatti Vs. Nellurai Narayanaswami, AIR 1954 Mad 215. Lawyers Involved: Khandker Mahbubddin Ahmed with S.M.N. Alam and Md. Shafiqur Rahman, Advocates..

Category: Criminal Law, Evidence Law | Date: | Hits: 2

Babul Robin de' Rozario Vs. Elizabeth R Das another, 2014, 43 CLC (AD)

.... below to hear the matter afresh in accordance with law. The petition is accordingly disposed of with the above observation. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 207 ...... below to hear the matter afresh in accordance with law. The petition is accordingly disposed of with the above observation. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 207 ...... to acquittal to one of conviction. High Court Division has exceeded its revisional power by restoring the conviction on setting aside the order of acquittal to one of convic­tion........(5) Lawyers Involved: Md. Khiirslud Alam Khan, Advocate, instructed by Md. Znlnnil Islam, Advocate-..

Category: Criminal Law | Date: | Hits: 5

Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)

....er the learned Magistrate was so much in a hurry that he had very little time to apply his mind judicially and disposed of the case very arbitrarily without assigning the slightest reason defying all principles of justice. The learned Assistant Sessions Judge deemed to be Addi­tional Sessions Ju......the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur Rah­man J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 4.   ...... Result: The Rule is discharged. Cases Referred to- Abu Taher and others Vs. Mst. Razia Begum and another, 37 DLR 18; Abdul Kader Choudhury & ors. Vs. The State, 28 DLR 38 AD. Lawyers Involved Mokbul Ahmed— For the Petitioner. M. Abu Salek Chowdhury with Abdul..

Category: Criminal Law | Date: | Hits: 1

Mohammad Ali Vs. Sukur Ali (The State) & others, 1985, 14 CLC (HCD)

....sions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 1. ......sions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 1. .........Infor­mant Petitioner Vs. Sukur Ali (The State) & others......................Opposite-Parties Judgment December 3, 1985. Result: The Rule is discharged. Lawyers Involved Mahbubur Rahman, with Sharifuddin Chaklader— For the Petitioner. Ab..

Category: Criminal Law | Date: | Hits: 1

Abdul Mannan Shah & others Vs. Kafiran Nessa being dead her heirs: Md. Abdul Gofur Shah and others, 1992, 21 CLC (HCD)

....y order as to cost. The connected Civil Rule No.1477 (R) 1990 is also discharged without any order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 103.   ......y order as to cost. The connected Civil Rule No.1477 (R) 1990 is also discharged without any order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 103.   ......ischarged. Cases Referred to- Rokeya Khatun Vs. Alijan Bepari and others, BLD 1982 (AD) 139; 33 DLR (AD) 1; Siddique Ahmed Chowdhury and other Vs. Gani Ahmed and others, 33 DLR (AD) 1. Lawyers Involved: Md. Asaduzzaman, Advocate‑For the Petitioner. Md. Abdul Momin Talukdar..

Category: Evidence Law | Date: | Hits: 7

Shamsun Nahar Begum on behalf of the detenu Khalequzzaman Vs. Bangladesh & others, 1977, 6 CLC (HCD)

....at was rendered by Mr. S. S. Halder and Mr. AnwarulHuq Chowdhury in this case. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 33. ......at was rendered by Mr. S. S. Halder and Mr. AnwarulHuq Chowdhury in this case. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 33. ......C) 3341; Makhan Singh Tarasikka Vs. The State of Punjab, in A.L.R. 1964 (SC), 1120; Golam Jillani in 19 D.L.R. (SC), 403, Baqui Baluch, in 20 D.L.R. (SC);Begum Abdul Karim, in 21 D.L.R. (SC), 1. Lawyers Involved: S. S. Haider with A. Y. Mosihuzzaman —For the petitioner. Anwarul ..

Category: Criminal Law | Date: | Hits: 1

Md. Shabjahan and another Vs. Haji Yeaqub Ali Chowdhury and another, 1978, 7 CLC (HCD)

.... Sub-Divisional Magistrate, Sadar (North) Chittagong. In the result, the Rule is made absolute. Abdul Malek J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 63 ......ssed by the learned Magistrate. A counter affidavit was riled on behalf of the complainant opposite party. 6. The petitioner No. 2 Harun-ur-Rashid Chowdhury is the Manager of the Firm "Sans International" at Ramjoy Mahajan Lane, Chittagong, and petitioner No. 1 Md. Shahajahan Khan is ......er…............Opposite-Parties Judgment July 25, 1978. Result: The Rule is made absolute. Case Referred To- AIR 1951 Calcutta 206 and 13 Cr.L.J. (F.B.) 1988 Lawyers Involved: A.K.M. Mozammel Haque Bhuiyan with Rabia Bhuiyan—For the Petitioners. ..

Category: Criminal Law | Date: | Hits: 1