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Zebunnessa Vs. Commissioner of Income Tax North (Zone), Dacca, 1982, 11 CLC (AD)
....uestion of fact, which cannot be interfered with under section 66(1); (b) so far as the provision of section 34A of the Income Tax Act is concerned the Inspecting Joint Commissioner of Taxes has wide powers to pass any order as the circumstances of the case may justify and in view of the aforesaid p......tion under section 66(1) of the Income Tax Act, filed by the assessee-appellant. The assessee, Mrs. Zebunnessa, has got a house at 119A, Dhanmandi Residential Area, Road No.2 Dacca, which she let out to the German Institute before the War of Liberation at a monthly rent of Tk. 4,000/- per month from......cer, Dacca Circle (J), Dacca, on 27-1-75, in respect of her income from the aforesaid house property under section 9 of the Income Tax Act upon a ‘bona fide annual value of property’ (hereinafter called ‘B.A.V’) of Tk. 48,000/-. Thereafter in the month of June, 1976, the Inspecting Joint Com......ve the question of assessment open for determination by the Department in the light of the observations made above. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 56...Category: Fiscal/Taxation Law | Date: | Hits: 88
Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
....using unbearable sufferings to the people, law and order situation has deteriorated to an alarming state seriously threatening peace, tranquillity, stability and life with dignity and bickering for power among the members of the ruling party ignoring the duty to the state and jeopardising national......………….Petitioner Vs. Hamidul Huq Chowdhury and others..............Respondents (In Civil Petition Nos. 30 & 31 of 1982) And Syed Ali...............Petitioner Vs. Director-General, BDR and others.........Respondents (In Civil Petition No. 9 of 1981) And Mofizur ......ment pronounced by the High Court Division under Article 102 and many other similar appeals preferred by the Government against judgments arising from such petitions are pending before this Court, we called upon the Attorney-General to address on the point at issue in order to enable us to come to t......n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ..Category: Constitutional Law | Date: | Hits: 181
Md. Anowarul Mustakin and another Vs. State, 2011, 40 CLC (HCD)
....scharged from their respective bail bonds. Send down the lower Court records with a copy of this judgment immediately. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... Vs. The State...….............................................Respondent Judgment April 24, 2011. Lawyers Involved: Not represented- the Appellants. Biswajit Deb Nath, Deputy Attorney General with Nizamul Hoque Nizam, Attorney General and Shaikat Basu, Assistant Attorney Gener......d prepared seizure list. P.W. 4 is a police personnel, who accompanied P.W. 3 at the time of seizing 135 bottles of phensedyl. P.W. 5 and 6 were the local witnesses. P.W. 5 at the relevant time was a call man of Rajonighodha bus counter whereas P.W. 6 was an owner of ‘pan’ shop of modern counter......scharged from their respective bail bonds. Send down the lower Court records with a copy of this judgment immediately. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 68
Md. Wasiq Khan Vs. Md. Sabiq Khan and others, 1978, 7 CLC (AD)
.... Oudh have held that where an appeal is preferred from an ex parte decree and the decree is confirmed or otherwise disposed of in appeal, the Court which passed the ex-parte decree has no longer any power to entertain an application to set aside. This view was as taken in Dhonai Vs. Tarak, 12 CLJ......J Ruhul Islam J Badrul Haider Chowdhury J Md. Wasiq Khan..……....Appellant Vs. Md. Sabiq Khan and others....…….Respondents Judgment July 5, 1978. Cases Referred to- 19 DLR (Dacca) 81; Sajeda Khatun Vs. Mostafa Khatun, 28 DLR 221; Chajuram Vs. Neki, 26 CWN 6......was further submitted that the attention of the High Court was not drawn to the case of Sajeda Khatun Vs. Mostafa Khatun reported in 28 DLR 221. 10. An ex parte decree is passed when the suit is called for hearing and the plaintiff appears but the defendant does not appear then the Court may p...... with costs. The decisions of the courts below are set aside. The Miscellaneous case before the court below shall proceed as usual. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ..Category: Procedural Law | Date: | Hits: 80
....ed. All the sentences are to run concurrently. The Respondent will now surrender to his bail bond to serve the remainder of his sentences.
Ed.
This Case also referred in: 31 DLR (AD) (1979) 29.
......rancer of Legal Affairs, Government of Bangladesh........Appellant
Vs.
Siddique Ahmed.........Respondent
Judgment
December 6, 1977.
Lawyers Involved:
Sultan Hossain Khan, Deputy Attorney-General, with B.B. Roy Chowdhury, Assistant Attorney-General, instructed by A. Backkar, Advoc......ht sight and the moon up and the informant recognised all the accused in the moonlight. The injured Tofazzal Hossain was taken inside the room and the doctor of the Gudarial Government Dispensary was called, but he was not available, so the compounder Jamshed Ali came. He examined the injured Tofa......ed. All the sentences are to run concurrently. The Respondent will now surrender to his bail bond to serve the remainder of his sentences.
Ed.
This Case also referred in: 31 DLR (AD) (1979) 29.
..
Category: Criminal Law | Date: | Hits: 74
Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)
....to these provisions will show that this Ordinance interferes with landlords right to property and freedom of contract only for the limited purpose of protecting tenants from misuse of the landlords power to evict them, by asserting their superior rights in property or trying to exploit their posit......y (Md.) @ Monjur Morshed and others.........Appellants Vs. Haji Abul Kashem Sawdagar and another........................................Respondents Judgment May 4, 2010. Cases Referred to- AKM Shamsuddin Vs. Dr. Aftab Uddin Ahmed, 12 BLD (AD) 81 = 43 DLR (AD) 230; Ramjan Ali Mistry......l is dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ......l is dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ..Category: Tenancy Law | Date: | Hits: 210
Salema Khatun Bibi & others Vs. Hemangini Ghosh Dastidar and others, 1977, 6 CLC (AD)
.... possession and asserted that the earlier suit was bonafide and the solenama was genuine. They, however, challenged the locus standi of Md. Hanif the attorney of the plaintiff on the footing that the power of Attorney filed in the suit was a forged one. 3. Both the Trial Court and the first appe...... Panday, Advocate on-Record—For the petitioners. B.B. Roy Chowdhury, Advocate, instructed by Abdur Rab-II, Advocate-on-Record—For the Respondent No. 1. Not Represented—Respondents 2 (a) to 2(A). Civil Petition for Special Leave to Appeal No. 189 of 1977 (From the Judgment and De......pellate court, and restore that of the trial Court. None of the contentions of Mr. Karim is sustainable. This petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 99. ......pellate court, and restore that of the trial Court. None of the contentions of Mr. Karim is sustainable. This petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 99. ..Category: Property Law | Date: | Hits: 63
Kamaluddin Ahmed Vs. Director of Trade Organisations and others, 2000, 29 CLC (HCD)
....ress release was issued from the CCCI stating that in an alleged “Emergent meeting” at 2 PM on 14-3-2000 a no confidence motion was passed against the petitioner on the ground of alleged abuse of power and incompetence as the President of the CCCI. The petitioner claims that no notice of any suc......000) 659. ......umder Syed Mamun Mahbub, Advocates - For Respondent No.6. Prabir Neogi, Assistant Attorney-General- For Respondent No. 4. Writ Petition No. 2608. Judgment KM Hasan J.- The Rule was issued calling upon the respondents to show cause as to why they should not be directed to cancel the impug......ain entered the President’s office and physically occupied it, declaring himself to have become the acting President. A press release was issued from the CCCI stating that in an alleged “Emergent meeting” at 2 PM on 14-3-2000 a no confidence motion was passed against the petitioner on the grou..Category: Others | Date: | Hits: 123
Giasuddin Ahmed Chowdhury Vs. Dhaka University and others, 2000, 29 CLC (HCD)
....quirement of law, as contained in sub-section (17) of the Statute 46 of the Dhaka University’s election laws. As a result the respective Presiding Officers were denied from exercising their ‘full power’ to dispose of ‘all points raised in the course of polling’. This has resulted in seriou......m, Shafique Ahmed, MA Halim, Kazi Kamrul Alam and AM Aminuddin - For the Respondents. Writ Petition No. 2314 of 1999. Judgment KM Hasan J.- The Rule was issued calling upon the respondents to show cause why the impugned notification dated 18-6-99 (Annexure-D) declaring the said election r......t Ali Khan with M Amirul Islam, Shafique Ahmed, MA Halim, Kazi Kamrul Alam and AM Aminuddin - For the Respondents. Writ Petition No. 2314 of 1999. Judgment KM Hasan J.- The Rule was issued calling upon the respondents to show cause why the impugned notification dated 18-6-99 (Annexure-D) ......y and others reported in 50 DLR 405 are referred to. 10. It is also stated that in the notification dated 21-3-99, date of election outside Dhaka, though fixed on 6th and 10th June, 1999, yet in a meeting on 1-6-99 of the leaders of the three panels, held in the residence office of the Vice Chanc..Category: Election Law | Date: | Hits: 105
Tamima Akhter (Mitu) Vs. Deputy Commissioner, Joypurhat and others, 2011, 40 CLC (HCD)
....the forgoing discussion, we find no merits in this rule. Accordingly the rule is discharged. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ......te parties Judgment March 21, 2011. Lawyers Involved: Zakir Hossain, Advocate-For the petitioner. Ashok Kumar Banik, Advocate-For the father of the victim. Bashir Ahmed, Assistant Attorney General-For the Opposite parties. Criminal Miscellaneous Case No. 22065 of 2010. Judgme...... the Opposite parties. Criminal Miscellaneous Case No. 22065 of 2010. Judgment AKM Asaduzzaman J. - On an application under section 491 of the Code of Criminal Procedure this rule was issued calling upon the Deputy Commissioner, Joypurhat to show cause as to why the detenu Tamima Akhter Mit......the forgoing discussion, we find no merits in this rule. Accordingly the rule is discharged. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 57
United Commercial Bank Ltd. Vs. Rahimafrooz Batteries Ltd. and others, 2000, 29 CLC (HCD)
....res of Article 25 of the Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (President’s Order No.16 of 1972), shortly the Order, for the said article did not delegate any power to the Government to make rules with retrospective effect. 29. Mr. Mahmudul Islam also subm.......1 (In FA No.85 of 1997 and FA No.158 of 1999). M Nurullah with AQM Safiullah, Mohammed Ullah and Ashraf Kanial, Advocates - For Respondent Nos. 2 and 3 (In FA No.85 of 1997). Mahmudul Islam, Attorney-General - For the Appellants (In FA No. 158 of 1999). Syed Ishtiaq Ahmed with Syed Refaat ...... purchase such property, then the Government will be at liberty to sell it through tender. He further submits that in a case where a property is going to be sold through tender the contract cannot be called a concluded one on the basis of mere offer and acceptance, rather it will be a concluded cont......suit on 24-3-97 did not commit any error of law calling for our interference in any way and, as such, both the appeals therefore must fail. Ed. This Case is also Reported in: 52 DLR (2000) 625. ..Category: Tenancy Law | Date: | Hits: 135
Paniraj and Company Ltd. Vs. Bangladesh Shilpa Bank and another, 2000, 29 CLC (HCD)
.... deposit tender, or the bid for sale of the vessel MV Kadam Rasul held on 25-5-1999 became inoperative and stood rejected and the earnest money stood forfeited to the Bank. The BSB authority is not empowered either to extend the time for deposit or accept the bid money deposited beyond time. The acc......Respondent No.1. Md. Shamsul Huda, Advocate - For added Respondent. Writ Petition No.1962 of 1999. Judgment Khademul Islam Chowdhury J.- This Rule was issued calling upon the respondents to show cause as to why publication on 14-5-1999 in the Daily Star of the Notice to sell the vessel,...... Abdul Aziz, Advocates - For Respondent No.1. Md. Shamsul Huda, Advocate - For added Respondent. Writ Petition No.1962 of 1999. Judgment Khademul Islam Chowdhury J.- This Rule was issued calling upon the respondents to show cause as to why publication on 14-5-1999 in the Daily Star of t......ake steps for resale of the vessel expeditiously according to law. In the result the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 621. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 171
Md. Rafiqul Islam Liton Vs. Noor Mohammad and others, 2010, 39 CLC (HCD)
....versed the judgment upon apprising the evidence on record independently and found that the trial court committed wrong in decreeing the suit. Therefore, this court in its revisional jurisdiction is empowered to enter into the evidence adduced by the parties in order to ascertain which of the finding......l be no order as to cost. Ed. This Case is also Reported in: ...... non adducing the evidence by the plaintiff himself has no adverse effect on the question of title of the plaintiff, as obtained through the title deed, and since the attesting witnesses have categorically proved the execution of the plaintiff’s title deed by the defendant No.2, Samala Bibi, upon ......e Appellate court is hereby set aside and that the judgment and decree passed by the trial court is resorted. However, there shall be no order as to cost. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 74
....lief. Reliance in this respect may be placed in the well-known decision Burmah Eastern Ltd. Vs. Burmah Eastern Employees Union and others PLD 1967 Dacca 190 = 18 DLR 709.
8. But in exercising this power the Court can look into the statements in the plaint alone. It cannot consider any fact stated......1 of 1995.
Judgment
ABM Khairul Haque J.- This Rule under section 115 of the Code of Civil Procedure was issued at the instance of the defendant-petitioners calling upon the opposite party No.1 to show cause as to why the order dated 13-7-1995 passed by the learned Assistant Judge, Dhamrai, Dh......ite Party.
Civil Revision No. 4391 of 1995.
Judgment
ABM Khairul Haque J.- This Rule under section 115 of the Code of Civil Procedure was issued at the instance of the defendant-petitioners calling upon the opposite party No.1 to show cause as to why the order dated 13-7-1995 passed by the...... in the order dated 13-7-1995 passed by learned Assistant Judge.
In the result, the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (2000) 614...
Category: Civil Law | Date: | Hits: 94
Major General (Retd.) Mahmudul Hasan Vs. State, 2000, 29 CLC (HCD)
....responding to TR No.9 of 1991 pending in the Court of Magistrate, First Class, Kotalipara, Gopalgonj is quashed in respect of the petitioner. Ed. This Case is also Reported in: 52 DLR (2000) 612....... Judgment May 8, 2000. Case Referred To- State Vs. Fazar Ali, 9 DLR 77. Lawyers Involved: Mahbubur Rahman with Farah Mahbub, Advocates - For the Petitioner. Md. Mustafa, Assistant Attorney-General - For the State. Criminal Miscellaneous Case No. 831 of 1998. Judgment Md. ......or the Petitioner. Md. Mustafa, Assistant Attorney-General - For the State. Criminal Miscellaneous Case No. 831 of 1998. Judgment Md. Hamidul Haque J.- By this Rule opposite parties were called upon to show cause as to why the proceedings of Kotalipara PS Case No.2 dated 26-4-91 corresp......responding to TR No.9 of 1991 pending in the Court of Magistrate, First Class, Kotalipara, Gopalgonj is quashed in respect of the petitioner. Ed. This Case is also Reported in: 52 DLR (2000) 612...Category: Criminal Law | Date: | Hits: 58
Md. Raju Sheikh Vs. State, 2011, 40 CLC (HCD)
....y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ...... Vs. The State……………………………….Opposite party Judgment April 3, 2011. Lawyers Involved: Md. Golam Rasul, Advocate-For the petitioner. Bashir Ahmed, Assistant Attorney General-For the Opposite party. Criminal Miscellaneous Case No. 3492 of 2011. Judgment ......ocate-For the petitioner. Bashir Ahmed, Assistant Attorney General-For the Opposite party. Criminal Miscellaneous Case No. 3492 of 2011. Judgment AKM Asaduzzaman J. - This rule was issued calling upon the opposite party to show cause as to why the accused petitioner should not be enlarge......y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 56
Rasharaj Sarker Vs. State, 2000, 29 CLC (HCD)
.... in reviving the case after such order of discharge. 7. Mr. Shueb Ahmed, learned Assistant Attorney-General, on the other hand submits that the learned Additional Chief Metropolitan Magistrate has power to revive the case since the order of discharge of petitioner was made on technical ground wit......m Master and another Vs. State, 36 DLR (AD) 58; Abdus Salam @ Salam and another Vs. State, 36 DLR (AD) 58. Lawyers Involved: MA Wahab, Advocate—For the Petitioner. Shueb Ahmed, Assistant Attorney-General—For the State. Criminal Revision Case No. 1738 of 1992. Judgment SK Sinha ......the case of Abdus Salam Master and another Vs. State, 36 DLR (AD) 58, observed: “The police after investigating the case which was registered on the First Investigation Report submitted a report calling it a final report under section 173 of the Code of Criminal Procedure recommending that the ......7 and the order dated 14-5-87 of the learned Additional Chief Metropolitan Magistrate, Dhaka in GR case No.1991 of 1982 are hereby quashed. Ed. This case is also Reported in: 52 DLR (2000) 598. ..Category: Criminal Law | Date: | Hits: 56
Md. Azim Uddin and others Vs. State, 2011, 40 CLC (HCD)
....y at once if not wanted in connection with any other case. Send down the L.C. records at once along with the judgment. AKM Zahirul Haque, J. I agree. Ed. This Case is also Reported in: ......Syed Hyder Ali, Advocate-For the appellants. (In Criminal Appeal No. 5076 of 2006) Md. Mamnur Rashid, Advocate-For the appellant. (In Criminal Appeal No. 5260 of 2006) Bashir Ahmed, Assistant Attorney General-For the respondent. Criminal Appeal No. 5076 of 2006 with Criminal Appeal ......ssociates namely Md. Abed Ali and Md. Ashraf Ali, the accused petitioners herein, took the deceased Kayemuddin to the hat at Jigatola and after he finished his shopping in the hat the accused persons called the deceased out of the hat for the discussion about the monetary transaction relating to the......y at once if not wanted in connection with any other case. Send down the L.C. records at once along with the judgment. AKM Zahirul Haque, J. I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 56
Md. Mohiuddin Mollah and others Vs. Government of Bangladesh and others, 2010, 39 CLC (AD)
....e petitioners have been in possession without any interruption and the threatening through microphone announcement to evict the petitioners is nothing but an arbitrary exercise of the executive power. The learned Counsel further submitted that the land in C.S. Dag No.164 has not been validly a......am, Senior Advocate instructed by Mrs. Mahmuda Begum, Advocate-on-Record-For the Petitioners. (In both the cases) Not represented- the Respondents. (In both the cases) Civil Petition for Leave to Appeal Nos. 1360 and 1377 of 2009. (From the judgment and order dated the 20th day of April, 2......Counsel further submitted that the land in C.S. Dag No.164 has not been validly acquired inasmuch as the Gazette Notification published in L.A. Case No.66 of 1957-58 on 21.03.1963 did not categorically mention about which portion of land in C.S. Dag No.164 was acquired; that the authority has no......e above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 138. ..Category: Property Law | Date: | Hits: 59
Most. Aleya Begum and others Vs. Rahima Begum and others, 2010, 39 CLC (AD)
....itnesses he having received Tk.1,80,000/-executed the agreement and delivered possession of the suit property in favour of the plaintiff and further on the same date i.e. 10.04.1986 he executed a power of attorney appointing his uncle Safiuddin Bhuiyan as his attorney, which was registered o......ate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Mohammad Ali, Advocate-on-Record-For Respondent Nos. 1-5. Not represented-Respondent No. 6. Civil Petition for Leave to Appeal No. 2380 of 2009. (From the judgment and order dated 05.10.2009 passed by the High Cour......rced in any court of law. In the premises, we do not find any substance in the application. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 134.......rced in any court of law. In the premises, we do not find any substance in the application. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 134...Category: Property Law | Date: | Hits: 61
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