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State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)
....orney General, instructed by B. Hossain, Advocate-on-Record—For the Appellant. None Represented—For Respondents. Criminal Appeal No. 7 of 2004. (From the judgment and order dated 31 st July, 2000 passed by the High Court Division in Criminal Appeal No.1349 of 1996) Ju......ewspaper report the informant Shamsunnahar Chowdhury (P.W. 1), who is the Convener of the Mohila Parishad, Rajbari discussed the matter in their regular meeting on 30-9-1995 and according to the decision of the meeting the informant went to meet the victim on 8-10-1995 at the house of Chand Ali..Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7
Government of Bangladesh Vs. Md. Abdul Maleque Miah and 7 anothers, 2013, 42 CLC (AD)
.... Md. Wahidiillah, Advocate-on- Record—For the Respondents. (In all the appeals) Civil Appeal No. 87-94 of 2001. (From the Judgment and order dated 8th November, 2000 passed by the High Court Division in Writ Petition Nos. 2295, 2508, 2509, 3...... they do involve common questions of laws and facts. Respondent No.1 of all these appeals filed 8 writ petitions seeking certain directions upon the present appellant to "implement the decisions and orders passed by the Administrative Tribunal in favour of present respondent No.1..Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3
ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)
....nal Appeal No. 3735 of 2010. Judgment Moyeenul Islam Chowdhury J.— This criminal appeal, at the instance of the convict-appellant, is directed against the judgment and order dated 16-11-2008 passed by the learned Special Judge, Court No. 9, Dhaka in Special Case No. 26 of 2......tion 537 of the Code, the impugned order of conviction and sentence cannot be maintained at all. 10. In support of the above submissions, Mr. Fida M Kamal draws our attention to a number of decisions including the decisions in the cases of Abdul Bari Mollah Vs. State, 3 BLC 474; Abul Khair..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
.... aided with the enemy, which imposed such as unjust war and genocide upon the unarmed civilian people of Bangladesh, simply because the people successfully exercised their adult franchise and gave mandate to their elected representation to form a Government; thereby exercised their right of self det......eving the goal of the EC and the scheme of the RPO. The EC received the latest constitution of the BJI in December, 2012, and 4(four) months have elapsed since then and the EC has not taken any final decision with regard to the amendments brought to the BJI constitution during the period between 04...
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
....
Writ Petition No. 630 of 2009
Judgment
M Moazzam Husain J.- In this case a rule nisi was issued calling upon the respondents to show cause as to why the registration (Registration No. 014 dated 04.11.2008) given to Respondent No. 1 as a political party by the Respondent No. 4 shall not b......aring filed an application praying for discharging the Rule on the ground that the Rule is premature in that the issue of BJI registration is still in seisin of the Election Commission and awaiting a decision to be given by the Commission. Subsequently, however, BJI chose to contest the Rule on meri..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
.... the Income Tax Ordinance, 1984)
Judgment
Zinat Ara J.- These four income tax reference applications under section 160(1) of the Income Tax Ordinance, 1984 have arisen out of a common order dated 28.10.2003 passed by the Taxes Appellate Tribunal, Division Bench-1, Dhaka (hereinafter referr......t of Bangladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984.
S. H. Md. Nurul Huda Jaigirdar J.- I agree.
Ed.
This Case is also Reported in:
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Category: Fiscal/Taxation Law | Date: 31 Jul, 2013 | Hits: 3
Nur Jahan Akhtar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....2004, 41 of 2004 and 42 of 2004. Judgment Zinat Ara J.- These four income tax reference applications under section 160(1) of the Income Tax Ordinance, 1984 have arisen out of a common order dated 28.10.2003 passed by the Taxes Appellate Tribunal, Division Bench-1, Dhaka (hereinafter referr......ngladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 31 Jul, 2013 | Hits: 2
Syed Raihan Hasan Ali Chowdhury Vs. Syed Hamde Ali Chow¬dhury and others, 2013, 42 CLC (HCD)
....o. 1. First Appeal No.321 of 2011 with Civil Rule No. 905(f) of 2011. Judgment Sharif Uddin Chaklader J.- This appeal at the instance of plaintiff, directed against judgment and decree dated 21-8-201 1 passed by the learned Joint District Judge, I" Court, Bogra rejected the plain......under this section which means that an order made by the Administrator is liable to challenge before the District Judge and any order made by the District Judge is appealable to the High Court, whose decision will be the final………(11) It is a well-accepted principle of inter..Category: Trust/Waqf Law | Date: 29 Jul, 2013 | Hits: 5
Robi Axiata Ltd Vs. First Labour Court Dhaka and others, 2013, 42 CLC (HCD)
....re of a plaint spelt out the initial engagement of each applicant on a temporary basis on various occasions evidenced in various service contracts stipulating the terms and termination dates of the period of employment. S 1 No. Writ Peti...... such grievance and the employer shall within fifteen days of receipt of such grievance, enquire into the matter, give the worker concerned an opportunity of being heard and communicate his decision, in writing, to the said worker; (b) if the employer fails to give a decision under cl..Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7
....structed by Ziaur Rahman, Advocate-on-Record- For Respondent No.1.
Not represented- For Respondent Nos.2-6.
Civil Petition for Leave to Appeal No.355 of 2012
(From the judgment and order dated 20th January, 2011 passed by the High Court Division in Writ Petition No.2942 of 2010)
Ju...... order dated 20.01.2011 passed by a Division Bench of the High Court Division in Writ Petition No.2942 of 2010 making the Rule absolute with a direction upon the writ respondent No.2 to implement the decision of the Upozilla Jalmahal Management Committee, dated 9th February, 2010, and thereby take a..
Category: Civil Law | Date: 28 Jul, 2013 | Hits: 169
Zahir Fakir (Md.) and oth¬ers Vs. Hahma Khatun and others, 2013, 42 CLC (HCD)
.... Petitioners. Md. Shamsul Haque Bhuiyan, Advocate—For the Opposite Parties. Civil Revision No. 514 of 2012. Judgment AKM Shahidul Huq J.— The judgment and decree dated 14-11-2011 passed by the Joint District Judge, 2nd Court, Gazipur, in Title Appeal No. 1...... fill up the lacuna in pleadings and evidence on this count also the impugned judgment and decree of the Appellate Court suffers from serious miscarriage of justice which has resulted an error in the decision occasioning failure of justice. More so, by the impugned judgment the appellate court encou..Category: Property Law | Date: 25 Jul, 2013 | Hits: 6
Md. Lokman Hakim and Others Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)
....sel at the time of provisional assessment. But subsequently demanded 5% Advance Income Tax on the petitioners imported scrap vessel on the basis of a circular being S.R.O. No. 232-Ain/Income Tax/2011 dated 5.7.2011, issued purportedly under the provision of section 185 of the Income Tax Ordinance 19......2 and as such a annexation of the said judgment with the instant cases will suffice for the disposal of the instant cases on the doctrine of annexation of judgment which allowed this court to annex a decision taken earlier on a similar and identical point with a later case. As the legal point involv..Category: Fiscal/Taxation Law | Date: 25 Jul, 2013 | Hits: 121
Younusuzzaman (Badal) Vs. State and another, 2013, 42 CLC (HCD)
.... cotton yarn produced by the said company. According to the terms and conditions of the agreement the complainant paid an amount of Tk. 20, 00,000/- (twenty lac) only to the accused petitioner on the date of signing of the said agreement as security money, if the company of the accused-petitioner fa......nstruments Act, as such, the proceeding is an abuse of the process of the court and is liable to be quashed. In support of his submission the learned advocate for the appellant placed reliance on the decisions in the cases of Jagarlamubi Surya Prasad Vs. State of AP (1992) 1 BC 120, UP Pollution Con..Category: Criminal Law | Date: 25 Jul, 2013 | Hits: 140
Chow Wen Chang and others Vs. SF Winsome Fashion Ltd. and others, 2013, 42 CLC (HCD)
....ny; that the respondent No. 1 company was incorporated in the year 2009, vide certificate of registration No. C-74550(2592) /09 with effect from 2-2-2009 under the Companies Act, 1994. As on the date of incorporation the authorized share capital of the respondent No.1 company was Taka 2,00,00,0......in the respondent No.1 company without any consideration value and, as such, the issuance of the shares in their favour is void and also against the laws of the land; and thirdly all acts and/or decisions taken by the illegal shareholders, i.e. the respondent Nos. 3 to 5, holding the purpo..Category: Company Law | Date: 24 Jul, 2013 | Hits: 10
....faqul Islam J.- At the instance of the petitioner, Bangladesh Development Bank Limited, this Rule Nisi was issued calling upon the respondent Nos.1 to 4 to show cause as to why the judgment and order dated 25-9-2011 passed by the Judge, Artha Rin Adalat, Jessore in Artha Rin Suit No.83 of 2004 and j......respondents No.2-4 treating the same as a proper miscellaneous case after hearing both sides forthwith.
Communicate at once.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2013) 1.
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Category: Banking Law | Date: 24 Jul, 2013 | Hits: 10
Sarwar Hossain Moni (Md.) Vs. State and another, 2013, 42 CLC (AD)
.... Division having affirmed the judgment and order passed by the High Court Division which took the view that though the respective petition of complaint was filed before expiry of thirty days from the date of receipt of the notice issued under clause (b) of the proviso to section 138 was maintainable......he petitions, has canvassed that this Division while dismissing the leave petitions did not consider clause (c) of section 138(1) of the Act, 1881 with section 141 thereof to see the propriety of the decision of the High Court Division that though the cases were filed before the expiry of the statut..Category: Criminal Law | Date: 24 Jul, 2013 | Hits: 8
Zahidul Islam (Md.) Vs. Md. Kamal Hossain and another, 2013, 42 CLC (AD)
....t before expiry of thirty days of the receipt of the notice issued under clause (b) of the proviso to section 138 as created in case of filing a petition of complaint after expiry of one month of the date on which the cause of action arises under clause (c) of the proviso to section 138. The moment ......irected to proceed with the trial of the Sessions case in accordance with law and dispose of the same expeditiously. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 180. ..Category: Others, Procedural Law | Date: 23 Jul, 2013 | Hits: 9
....t Project to Revenue Budget, 2005 Rules clearly entitled an employee transferred from the development project to the revenue set up to enjoy salary, leave, pension and other service benefits from the date of his entry/joining the development project…..(20)
Lawyers Involved:
AKM Fazl......e benefits to the petitioners counting their service period in the development project.
There will be no order as to costs.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 157
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Category: Administrative Law, Employment/Service Law | Date: 8 Jul, 2013 | Hits: 3
Ayurvedia Pharmacy (Dhaka) Ltd. Vs. Meher Banu Bibi and others, 2013, 42 CLC (AD)
....the despondent. Civil Petition for Leave to Appeal No.1430 of 2009. Judgment Mohammad Anwarul Hague J.- This petition for leave to appeal is directed against the judgment and order dated 25"h of March, 2009 passed by Division Bench of the High Court Division in Civil Revision No.......ic Performance of Contract on the basis of unregistered deed of agreement and without payment of balance amount as required by law. So the court below and the High Court Division has taken a right decision which cannot be interfered with. 7. On such submission let us quote the provision lai..Category: Civil Law | Date: 7 Jul, 2013 | Hits: 13
Afazuddin Fakir (Md.) Vs. MH Rahman and others, 2013, 42 CLC (HCD)
.... & 2. Civil Revision No.1683 of 2011. Judgment Md. Nuruzzaman J.—This Rule was issued calling upon the opposite party Nos.1 and 2 to show cause as to why the impugned order dated 24-11 -2010 passed in Miscellaneous Case No. 129 of 2008 (pre-emption) by the Joint District J...... time of hearing of the Rule he also filed a supplementary affidavit in Court stating additional grounds. He also submitted that the Court below committed an error of law resulting in an error in the decision occasioning failure of justice in not considering that the pre-emption case does not come w..Category: Property Law | Date: 17 Jun, 2013 | Hits: 4
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