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Islam Enterprise Vs. Commission of Taxes Zone-3, 2007, 36 CLC (HCD)

....ellate Tribunal maintained the orders of the Appellate Joint Commissioner regarding receipts and gross profits without any modifications. 24. Both the applicants are contractors and engaged in the Government and statutory bodies. In support of the receipts, they submitted certificates of payments......he applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 59.......ommission of Taxes Zone-3………………respondents Judgment August 9, 2007. Result: The references are returned with answer to the questions relating to enhancement of the receipts and rejecting summarily the applications under section 173 of the Ordinance in the negative and agai......) (2010) 59...

Category: Fiscal/Taxation Law | Date: | Hits: 97

Abul Kashem Vs. AKM Golam Mostafa and others, 2009, 38 CLC (HCD)

....4, 2009. Result: The Rules are made absolute. Cases Referred to- Abdur Rahman Vs. Shamsunnahar Begum, 7 BLT (AD) 125; Md. Ismail Vs. Province of East Pakistan through the Chief Secretary, Government of East Pakistan, 16 DLR (AD) 438; Hajarilal Mondal Vs. Md. Mozaffor Bepari, 8 BLC (AD) 7......ated. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed This Case is also Reported in: 62 DLR (HCD) (2010) 44. ...... 62 DLR (HCD) (2010) 44. ......Case is also Reported in: 62 DLR (HCD) (2010) 44. ..

Category: Administrative Law | Date: | Hits: 230

Shefali Bala Vs. Khalipur Pukurpara Registered Non-Government Primary School Managing Committee and others, 2009, 38 CLC (HCD)

....010) 41....... the plaintiff's dismissal shall be treated to be special leave without pay and other benefits. Send down the LC records accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 41.......ction) Present: Md. Azizul Haque J Shefali Bala...............Petitioner Vs. Khalipur Pukurpara Registered Non-Government Primary School Managing Committee represented by its President and others………………Opposite Parties Judgment July 2, 2009. Result: The Rule ......Case is also Reported in: 62 DLR (HCD) (2010) 41...

Category: Employment/Service Law | Date: | Hits: 118

Chief Engineer, the Local Government and Engineering Department and others Vs. Kazi Mizanur Rahman and others, 2012, 41 CLC (AD)

....uzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J The Chief Engineer, the Local Government and Engineering Department, LGED Bhaban, Agargaon, Sher-E-Bangla Nagar, Dhaka…………......ineering Department, LGED Bhaban, Agargaon, Sher-E-Bangla Nagar, Dhaka…………………….....................Petitioner (In Civil Petition No. 1781 & 1784 of 2011) People’s Republic of Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and Co-ope......sain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J The Chief Engineer, the Local Government and Engineering Department, LGED Bhaban, Agargaon, Sher-E-Bangla Nagar, Dhaka…………………â€......etariat Building, Ramna, Dhaka and others……………………………………………………………………………..Petitioners (In Civil Petition Nos. 1948, 2184 & 2206 of 2011) Vs. Kazi Mizanur Rahman and others……………………………………………..Respondent..

Category: Employment/Service Law | Date: | Hits: 147

Director General, Bangladesh Railway and others Vs. Sher-e-Bangla Market Dokander Bohumukhi Samobaya Samity Ltd., 2012, 41 CLC (AD)

....bujbag, District-Dhaka in favour of writ petitioner, namely Sher-E-Bangla Market Dokandar Bohumukhi Samabaya Samity Limited. It is the claim of the writ petitioner -Society that it had approached the Government for allocation of land for establishing market for the purpose rehabilitation of 8 member......ourt Appellate Division (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Director General, Bangladesh Railway and others………………..Petitioners Vs. Sher-e-Bangla Market Dokander......ivision (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Director General, Bangladesh Railway and others………………..Petitioners Vs. Sher-e-Bangla Market Dokander Bohumukhi Samobaya......Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Director General, Bangladesh Railway and others………………..Petitioners Vs. Sher-e-Bangla Market Dokander Bohumukhi Samobaya Samity Ltd., represented by its Secretary, A..

Category: Civil Law | Date: | Hits: 70

Abdul Mataleb Howlader and others Vs. State, 2003, 32 CLC (HCD)

....d by this Court earlier, stands vacated. Send a copy of this judgment to the Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 607.......trial and, as such, the prayer for transfer of the case may not be considered. He lastly submits that there is nothing on record to show for the present that Barisal Divisional Headquarter is outside Bangladesh and that the law and order situation of the said place is out of control and, as such, he......ase is also Reported in: 56 DLR (2004) 607.......Supreme Court High Court Division (Criminal Revisional Jurisdiction) Present: Md. Hassan Ameen J ATM Fazle Kabir J Abdul Mataleb Howlader and others.................. Petitioners Vs. State ………………..Opposite Party Judgment October 25, 2003. Result: Rule ..

Category: Criminal Law | Date: | Hits: 86

Azad Hossain (Md) Vs. State, 2003, 32 CLC (HCD)

....ction with Special Tribunal Case No. 41 of 1996 in the said NGR Case No. 124 of 2002, The present petitioner filed an application before the Tribunal supported by a copy of his passport issued by the Government of Bangladesh on 16‑8‑1989, his voter identity card, driving licence, income tax TIN ......cial Tribunal Case No. 41 of 1996 in the said NGR Case No. 124 of 2002, The present petitioner filed an application before the Tribunal supported by a copy of his passport issued by the Government of Bangladesh on 16‑8‑1989, his voter identity card, driving licence, income tax TIN certificate an....... - The petitioner Md. Azad Hossain obtained this Rule under section 561A of the Criminal Procedure Code calling upon the Deputy Commissioner, Dinajpur to show cause as to why the petitioner arrested and now kept under custody to suffer the sentence passed on 17‑6‑2001 by the Special Tribunal No......is also Reported in: 56 DLR (2004) 602...

Category: Criminal Law | Date: | Hits: 73

Dr. Qazi Faruque Ahmed Vs. State, 2004, 33 CLC (HCD)

....the petitioner the trial Court shall have the liberty to deal with the question of bail of the accused‑petitioner in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 600. ......, learned Counsel, appearing with Mr. Amir-ul Islam for the petitioner, submits at the outset that the petitioner is an aged man of 57 years and a law abiding, peace loving and respectable citizen of Bangladesh. He is also a freedom fighter and has been dedicated to bring social and economic change ......o show cause why the petitioner Dr. Qazi Faruque Ahmed should not be enlarged on bail in Pallabi PS Case No. 31(6) 2004 dated 20‑6‑2004 now pending before the Chief Metropolitan Magistrate, Dhaka and or such other or further order or orders passed as to this Court may seem fit and proper. 2. ......the petitioner the trial Court shall have the liberty to deal with the question of bail of the accused‑petitioner in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 600. ..

Category: Criminal Law | Date: | Hits: 81

Kazi Liakat Ali and others Vs. Chairman, Civil Aviation Authority and another, 2003, 32 CLC (HCD)

....a and another Vs. Bangladesh Biman Corporation and another, 52 DLR 308; The North South Property Developments Limited Vs. Ministry of Land, Secretary and another, 52 DLR 7. Mohammed Hafizul Islam Vs. Government of Bangladesh, represented by the Secretary Ministry of Local Government, Rural Developme......s Judgment June 21, 2003. Result: The Rule is discharged. Cases referred to- Chairman BJMC Vs. Nasir Ahmed Chowdhury and others, 7 BLC (AD) 144; Rabia Bashri, Irena and another Vs. Bangladesh Biman Corporation and another, 52 DLR 308; The North South Property Developments Limited ...... Ed. This Case is also Reported in: 56 DLR (2004) 595.......04) 595...

Category: Employment/Service Law | Date: | Hits: 125

Al Baraka Bank Bangladesh Ltd. Vs. Rina Alam and another, 2004, 33 CLC (HCD)

....ffirmed. The bank is directed to return the schedule document within seven days of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 588....... This Case is also Reported in: 56 DLR (2004) 588....... High Court Division (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Siddiqur Rahman Miah J Al Baraka Bank Bangladesh Ltd ....................Appellant Vs. Rina Alam and another............Respondents Judgment April 12, 2004. Result: The appeal is dismis......8...

Category: Civil Law | Date: | Hits: 109

Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)

....abib Jamil, 2001 BLD (AD) 63; 7 BLT (AD) 31; 46 DLR (AD) 191; Zahurul Islam Vs. National Bank Ltd; 2002 BLD 320, Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation, 53 DLR (AD) 112; Government of Bangladesh Vs. Member, Administrative Tribunal, 8 MLR (AD) 148, Hasina Textile and Pri......Additional District Judge and others……………Respondents Judgment October 20, 2003. Result: The Rule is made absolute. Cases referred to- 42 DLR (AD) 86, Begum Lutfunnessa Vs. Bangladesh, 48 DLR (AD) 171; The Secretary, Internal Resource Division, Ministry of Finance and Plan......rt Division (Special Original Jurisdiction) Present: Md. Abdur Rashid J S Rahman Miah J Abdur Rashid Chowdhury...........................Petitioner Vs. Additional District Judge and others……………Respondents Judgment October 20, 2003. Result: The Rule is made......) 573. ..

Category: Others | Date: | Hits: 185

Md. Iqbal Hossain Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)

.... CJ Surendra Kumar Sinha J MA Wahhab Miah J Syed Mahmud Hossain J Md.MamtazUddin Ahmed J Md. Shamsul Huda J Md. Iqbal Hossain……………….............Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Developm......ra Kumar Sinha J MA Wahhab Miah J Syed Mahmud Hossain J Md.MamtazUddin Ahmed J Md. Shamsul Huda J Md. Iqbal Hossain……………….............Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and Co-ope...... Md. Shamsul Huda J Md. Iqbal Hossain……………….............Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and Co-operatives (LGRD) and others..........................Respondents Judgment October 27,......Hossain CJ Surendra Kumar Sinha J MA Wahhab Miah J Syed Mahmud Hossain J Md.MamtazUddin Ahmed J Md. Shamsul Huda J Md. Iqbal Hossain……………….............Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Local Government, Rural D..

Category: Election Law | Date: | Hits: 250

Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)

....fts in accordance with the deed of lease and, as such, both the oral gifts do not have any legal effect and for this reason the suit is liable to be dismissed. The suit property was leased out by the Government and, as such, Government is also a necessary party to the suit and the plaintiff filed th......ned Joint District Judge, Second Court, Dhaka in Title Suit No.100 of 2006. 2. The facts involved in the appeal, in brief, are as follows: The plaintiff and defendant No.1 both are citizens of Bangladesh by birth and they got married. They were blessed with a son and a daughter. Because of ma...... Supreme Court Appellate Division (Civil) Present: Md. Muzammel Hossain CJ MA Wahhab Miah J Syed Mahmud Hossain J Md. Imman All J Md. Mamtaz Uddin Ahmed J Shahid Hamid and another....................................Appellants Vs. Nilufar Momtaz and another........... Md. Muzammel Hossain CJ MA Wahhab Miah J Syed Mahmud Hossain J Md. Imman All J Md. Mamtaz Uddin Ahmed J Shahid Hamid and another....................................Appellants Vs. Nilufar Momtaz and another..................................Respondents Judgment Dec..

Category: Property Law | Date: | Hits: 81

Govt. of People's Re­public of Bangladesh Vs. Md. Habibur Rahman @ Manu, 1978, 7 CLC (AD)

....the detention will neither be urged nor enforced whatever be the result of the appeal. Leave was granted to examine the correctness of the observation of the learned Judges on the clause "whereas the Government is satis­fied" appearing in the detention order and similar language in the Bangladesh P......se is also Reported in: 31 DLR (AD) (1979) 152......., 72 I.A. 241; AIR 1945 P.C. 336; Annie Basant Vs. Emperor, ILR 39 Madras 1085; Queen Empress Vs. Bal Gangadhar Tilak, ILR 22 Bombay 112; Z. A. Suleri Vs. The Crown, PLD 1954 Sind 80; Diwan Parkash Chand Vs. Emperor, AIR 1937 Lahore 513; State of Bombay Vs. Purushottam, AIR 1952 S.C. 317; A. Sanjeev...... Supreme Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J KM Subhan J Govt. of People's Re­public of Bangladesh……………………Appellant Vs. Md. Habibur Rahman @ Manu…………………….Respondent Judgment March 14, 1978. ..

Category: Criminal Law | Date: | Hits: 63

SAH Monowar Ali and others Vs. Chairman, Bangladesh Jute Mills Corporation and others, 2009, 38 CLC (HCD)

....ave to Appeal No.354 of 2004. In that Judgment the Appellate Division observed as under: ''In the instant case from the materials on record it is seen that BJMC acted illegally or for that matter Government in terminating the service of the writ petitioners did not act reasonably and fairly. ...... Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J SAH Monowar Ali and others………………………Petitioners Vs. Chairman, Bangladesh Jute Mills Corporation and others……………………Contemner-respondent's Judgme......also Reported in: 62 DLR (HCD) (2010) 1. ......urt High Court Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J SAH Monowar Ali and others………………………Petitioners Vs. Chairman, Bangladesh Jute Mills Corporation and others……………………Contemner-respo..

Category: Criminal Law | Date: | Hits: 83

Mantu Faraji alias Jamal Faraji and others Vs. Mahiuddin Khan, 1996, 25 CLC (HCD)

....cquisition and Tenancy Act has been made applicable to a holder of non-agricultural land. The simple test is as to whether the holder of non-agricultural land has become a tenant under the Provincial Government is respect of such, land by virtue of the acquisition of the superior rights in such land......om the date of coming into force of the whole of Part V in any area, the BT Act stands repealed in that area. By 1964 the Part V was enforced throughout country so, BT Act stands repealed entirely in Bangladesh from that period. Even after the repeal of BT Act by the State Acquisition and Tenancy Ac...... This Case is also Reported in: 50 DLR (HCD) (1998) 147. ......HCD) (1998) 147. ..

Category: Property Law | Date: | Hits: 70

NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)

....ce 1980. There was ditch earlier now that was filled with earth. He did not see the plaintiff before the defendant. 32. In cross-examination, he stated that he was a teacher of Tejgaon Polytechnic Government College. Defendant No. 14 Possessed western part of the suit plot. He could not say the q......h. He denied that the date 31‑5‑1917 on the deed was written recently. One page stamp was valued one Taka two Annas and subsequent two papers were cartridges. He denied that those cartridges were Bangladeshi. He denied that there was no entry in the ledger book of the Sub-registry and that cartr......t High Court Division (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Syed ABM Huq J NFM Universeum Estate Ltd. .....................Appellant Vs. ANM Obaidul Islam and others......... Respondents Judgment April 20, 2004. Result: The appeal is dismissed......(2004) 563. ..

Category: Property Law | Date: | Hits: 85

Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)

....The Crown, reported in PLD 1956 (FC) 43. In that case Chan Shah was convicted for murder and sentenced to death by an order of the La­hore High Court, passed on an appeal preferred by the Provincial Government against acquittal by the Sessions Judge. During pendency of the appeal which is directed ......t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ......udgment February 15, 1989. Result: The Rule is discharged. Cases Referred to- Chan Shah Vs. The Crown, PLD 1956 (FC) 43; Khalid Saigol Vs. The State, 14 DLR (SC) 321; Khalilur Rahman and anoth­er Vs. The State, 33 DLR 12; Nirmal Krishna Chandra and another Vs. The State; Gendan Lal...... 291. ..

Category: Criminal Law | Date: | Hits: 95

M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)

....cu­ments, articles of daily use, clothes etc. belonging to the accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ...... Result: Cases Referred to- State Vs. Balshri Das Sutradhar, 13 DLR 289; Kalipada Nandi Vs. The State, AIR 1950 (Cal) 427; Emperior Vs. Kutub Bux, AIR 1930 Cal. 633, 634; Tamiz Mia Vs. Bangladesh, 33 DLR 203; Talukder A. Azia Vs. State, 35 DLR 127. Lawyers Involved: Serajul Huq...... Vs. The State....................................Respondent Judgment November 10, 1988. Result: Cases Referred to- State Vs. Balshri Das Sutradhar, 13 DLR 289; Kalipada Nandi Vs. The State, AIR 1950 (Cal) 427; Emperior Vs. Kutub Bux, AIR 1930 Cal. 633, 634; Tamiz Mia Vs......ka Bench) (Criminal Appellate Jurisdiction) Present: Fazle Hossain Moham­mad Habibur Rahman J Mahmudul Amin Chowdhury J M. M. Rafiqul Hyder................................Appellant Vs. The State....................................Respondent Judgment November 10, 1988. ..

Category: Criminal Law | Date: | Hits: 87

Secretary, Bangladesh Jute Corporation & another Vs. The Chairman, Second La­bour Court & another, 1989, 18 CLC (HCD)

....9.8.82. We, therefore, find no ground for interference. In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 265. ......rted in: 41 DLR (HCD) (1989) 265. ......Writ Petition No. 471 of 1986. Judgment Mustafa Kamal J.- This Rule Nisi ob­tained under Article 102 of the Constitution of the People's Republic of Bangladesh calls into question the judgment and order dated 13.8.86 passed by the Chairman, 2nd Labour Court, Dhaka, respondent No.1, in Complai......ench) (Special Original Jurisdiction) Present: Mustafa Kamal J Mahmudul Amin Chowdhury J Secretary, Bangladesh Jute Corporation & another............................Petitioners Vs. The Chairman, Second La­bour Court & another...............................Respondents ..

Category: Labour and Industrial Law | Date: | Hits: 166