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....ional Commissioner, as the case may be, while exercising civil jurisdiction under the Chittagong Hill Tracts Regulation, 1900 does not become a Court subordinate to the High Court Division which is empowered to exercise revisional jurisdiction in respect of decisions of a Court subordinate to it.
......17 of 1995.
2. Bangladesh Forest Industries Development Corporation (BFIDC) appointed the opposite party Supervisor in the Timber Extraction Project, Kaptai on master roll basis. The Board of Directors, BFIDC, suspected huge financial irregularities during the period 1988 in Timber Extraction Pro...... mentioned in sub-section (1) of section 3 of the said Ordinance is subject to the savings clause contained in (2) thereof.
12. The Chittagong Hill Tracts Regulation is a Special Law. It is specifically provided in the Regulation that subject to such modification, those laws specified in the sche......ainable.
For the reasons stated above, we do not find a substance in this Rule, which is discharged without any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 488.
..
Category: Civil Law | Date: | Hits: 89
Titas Gas Vs. Immense Washing Plant and others, 2001, 30 CLC (HCD)
....es of the Ministry of Law, Justice and Parliamentary Affairs, the Ministry of Power and Energy and the Chairman of the Law Commission. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 471. ......l Procedure against judgment and order dated 13-5-2001 passed by Additional District Judge, 2nd Court (In-Charge) at Dhaka in Miscellaneous Appeal No.147 of 2000 by which the defendants were directed to restore gas connection to the plant of the plaintiff by way of an ad-interim order of mandatory i......fendant Titas Gas having disconnected the gas line in violation of the order of temporary injunction, the Court of appeal below rightly directed them to restore the connection and such order does not call for any interference. The disconnection was wholly mala fide. Before disconnection, the defenda......es of the Ministry of Law, Justice and Parliamentary Affairs, the Ministry of Power and Energy and the Chairman of the Law Commission. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 471. ..Category: Civil Law | Date: | Hits: 151
State Vs. Md. Shamim alias Shamim Sikder and others, 2000, 29 CLC (HCD)
....der alias Md. Ratan are allowed and they are found not guilty to the charges levelled against them and they are acquitted in this case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 439.......ther of deceased Alak Dutta, lodged ejahar with Kotwali Police Station, Barisal stating, inter alia, that his deceased brother Alak Dutta along with their neighbours Kazi Jasim and another Jasim went to Barisal Medical College Hospital to see a patient at about 11-00 PM on 27-10-93 by a motorcycle. ......this the learned Advocates submit that this goes to suggest that the occurrence might have taken place elsewhere and in a different manner. 11. The date, time and place of occurrence are not practically disputed. 12. In the light of the submissions made by the learned Advocates for the parties......ly do a thing jointly, it is just the same as if each of them had done it individually. Common intention within the meaning of section 34 presupposes a prior concert. It requires a prearranged plan-a meeting of minds. 34. From the evidence on record as discussed above it is clear that the fact of..Category: Criminal Law | Date: | Hits: 50
Hamza Rubber Industries Vs. Golam Dastagir Gazi, 2001, 30 CLC (HCD)
....d for. Remedies under section 15 of the Act cannot be supposed either to be alternative nor are the provisions of section 73 of the Act made subject to the section. 14. Section 15 of the Act has empowered the Registrar to exercise certain powers in respect of registration of Trade Marks whereas s......ferred To- Abdul Jabbar and another Vs. Ahmad Jan, PLD 1973 Karachi 289; Messers Burney’s Industrial and Commercial Co. Ltd. Vs. Messers Rehman Match Works, PLD 1983 Karachi 357; Dacca Match Factory Vs. Bangladesh Match Factory, 30 DLR 244; De Cordova and others Vs. Vick Chemical Coy, Vol. LXV......of infringement before the Additional District Judge, none of them appears to be prejudiced. In such circumstances, the impugned order of learned District Judge refusing temporary injunction does not call for any interference. This appeal therefore fails. In the result, the appeal is dismissed. L...... is also discharged and order of ad-interim injunction granted at the time of issue of the Rule is also vacated. Communicate at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 430. ..Category: Intellectual Property Law | Date: | Hits: 230
Sogra Begum Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....es not appear to us to be a fit case for granting a certificate as prayed for. Hence the prayer is rejected. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 420, 26 BLD (HCD) (2006) 301. ......of 159 days in filing the reference application under section 160 of the Income Tax Ordinance, 1984. 2. It is stated that the petitioner is a pardahnashin lady and a housewife and she was assessed to tax under section 82(2)/93 of the Income Tax Ordinance, 1984 on total income of Taka 11,61,555.00......r of the Tribunal rather than filing the reference application before this Court under section 160 of the Ordinance. It is clear that against that order she had two remedies available to her, i.e. to call in question the legality and propriety of the order of the Tribunal under section 160 of the Or......es not appear to us to be a fit case for granting a certificate as prayed for. Hence the prayer is rejected. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 420, 26 BLD (HCD) (2006) 301. ..Category: Fiscal/Taxation Law | Date: | Hits: 108
Abul Kashen (Md.) Vs. Chairman, RAJUK and others, 2000, 29 CLC (HCD)
....ing and technical aspect of the said construction issued impugned memo requesting the petitioner to contact the office of the respondent for correction or amendment of the plan already approved which power is very much there in order to carry out the object of the Building Construction Act and such ......ur Rahman, Advocates—For the Petitioner. Shah Khasruzzaman—For the Respondents. Writ Petition No. 3599 of 1998. Judgment Md. Awlad Ali J.- Rule was issued calling upon the respondents to show cause as to why the impugned notice Annexure-D dated 2-11-98 being Memo No. নঅঅ/রা......ed: Moudud Ahmed with Matiur Rahman, Advocates—For the Petitioner. Shah Khasruzzaman—For the Respondents. Writ Petition No. 3599 of 1998. Judgment Md. Awlad Ali J.- Rule was issued calling upon the respondents to show cause as to why the impugned notice Annexure-D dated 2-11-98 be......n already made under the order of this Court should not be disturbed in any way by the respondents. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 488. ..Category: Property Law | Date: | Hits: 114
.... follow any method of accounting regularly, the income tax officer is competent to use his own judgment and compute the profit in such a manner and on such basis, as he deems proper by exercising his power under the proviso to section 13.
10. It is also well settled that the Income Tax Officer ca......
Sagorika and Co. (Pvt.) Ltd..……………………Applicant
Vs.
Commissioner of Taxes, Intelligence and Investigation Zone.... Respondent.
Judgment
August 23, 1999.
Cases referred to-
1975 BTD 221 (HC); 1977 BTD 18 and 163 (AD).
Lawyers Involved:
MA Noor, Advocate—For ......licant assessee.
5. On perusal of the assessment order passed by the Deputy Commissioner of Taxes it appears that he has accepted the commission receipts shown by the assessee company and does not call in question the method of accounting employed by the assessee. There is no finding by the Deput......ered in the negative, and against the Revenue.
Accordingly, the reference is answered in the negative. There will be no order as to costs.
Ed.
This case is also Reported in: 52 DLR (2000) 484...
Category: Fiscal/Taxation Law | Date: | Hits: 101
A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....ully vested in them and those rights cannot be taken away with such bureaucratic fiat. 34. KM Saifuddin Ahmed, the learned Counsel appearing on behalf of the respondents 2 to 4, submitted that the power to grant sanction includes the power to revoke or cancel the sanction. 35. He then submitte......ents. Judgment May 2, 2000. Cases Referred To- Abdus Sattar Vs. Bangladesh and others, 48 DLR (AD) 180; State of UP Vs. Maharaja Dharmander Prasad Singh, (1989) 2 SCC 505; Munnich Vs. Godstone RDC, (1996) 1 WLR 427, at p. 435. Lawers Involved: M Amir ul Islam with A Hasib, Tania A......ittee canceling the sanction of the revised plan granted on 18-02-93. As we found earlier, in the letter dated 24-06-99 the respondent 3 for the first time asked the petitioners for removal of the so-called unauthorised constructions. The appellate authority just okayed such direction of the respond......o to remedy it?” In the circumstances, we are unable to say the notice is valid one and was duly served. 62. The respondent 3 sent the letter dated 24-06-99 informing the petitioners that at the meeting of the Building Construction Committee, held on 21-06-99 the sanction granted to the petitio..Category: Property Law | Date: | Hits: 125
Mrs. Aruna Sen Vs. Govt. of the People's Republic of Bangladesh and others, 1974, 3 CLC (HCD)
....n a particular manner. Chief Justice Goayer, who delivered the judgment of the Court, though posed the question whether the satisfaction of the detaining authority as referred to in the rule-making power contained in section 2 of the Defence of India Act should be subjective or objective did not a...... Rahman Chowdhury J Mrs. Aruna Sen……….....Petitioner. Vs. 1. Govt. of the People's Republic of Bangladesh through the Secretary, Ministry of Home Affairs, Dacca. 2. The Director, Rakkhi Bahini, Sher-e-Bangla Nagar, Dacca. 3. The Deputy Commissioner, Dacca. 4. Depu......s enough. 11. The earliest case in the Indian subcontinent which had to consider the Liversidge case is the case of Keshab Talpade Vs. Emperor, AIR 1943 FC 1 where the Federal Court of India was called upon to consider the legality of the detention of the appellant under the Defence of India Ru......this case involves substantial question as to the interpretation of the Constitution. Abdur Rahman Chowdhury, J.- I agree. Ed. This Case is also Reported in: 27 DLR (1975) HCD 122. ..Category: Constitutional Law | Date: | Hits: 291
....awalpindi reported in PLD, 1970 SC 1 corresponding to 21 DLR (SC) 356 in support of his contention that the proceeding in the writ petition in the instant case being a civil proceeding this court has power under section 114(b) read with Order XLVII, rule 1 of the Code of Civil Procedure to review th......A Bari and others …………………....Petitioners
Vs.
Uttara Sarkari Officers Quarter Kallayan Samity and others ...............Respondents
Judgment
March 1, 2003.
Cases Referred to-
Zobaida Naher @ Jharna Vs. Khairunnessa, 3 BLC (AD) 170; Nurul Husain (Md.) Vs. Government of......hat situations the principles of the Code of Civil Procedure will be applied and to what extent may perhaps, be left to the wise discretion of the court itself. In other words, barring what is specifically provided for in the Rules themselves is the master of its own procedure and it will exercise b......eview petitioners before us. The government servants being allottes of D‑type government quarters at Uttara Model Town felt it necessary to form a welfare association for themselves. After several meetings of the said residents a welfare association by the name "Uttara Sarkari Officers Kallyan Sa..
Category: Others | Date: | Hits: 119
Hossain Khan (Md.) and others Vs. Government of Bangladesh & others, 2001, 30 CLC (HCD)
....and the notice of compensation was issued on the owner of the property on 24‑3‑1985 and a period of 7 years has also passed from 26‑10‑1978 to 24‑3‑1985 and, as such, it is not beyond the power of this Court to grant in an appropriate case some additional amount by way of interest or oth......19 DLR 237. Lawyers Involved: MA Samad with MGH Ruhullah, Advocates‑ For the Appellants. Mahbubey Alam with Md. Harun-or-Rashid, Advocates-For Respondent No. 3. Nihilesh Datta, Deputy Attorney‑General with Md. Tafique Hossain and Md. Jainul Abedin, Advocate-For the Government-Respond......nt to the Deputy Commissioner for the suit property by depositing the rent by Challan No. Ka/131 dated 21‑8‑1984 for the period from 9‑9-1960 to 29‑11‑1976. It is clear that whatever the so-called compensation was paid in Writ Petition No. 42 of 1960, it was partly the monthly rent for the......Rule No. 250(FM) of 2001 is also made absolute. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 264. ..Category: Property Law | Date: | Hits: 95
Amirul Islam (Md.) and others Vs. Thana Nirbahi Officer and others, 2000, 29 CLC (HCD)
....d discriminatory. 11. At the hearing of the Rule we find none to represent any of respondents. But just before delivering this judgment, the learned Assistant Attorney-General appeared and filed a power on behalf of the respondent No. 5 and prayed for recording his appearance. 12. It is now ad......bahi Officer and others ………………Respondents Judgment April 5, 2000. Lawyers Involved: Md. Eunus Ali Akond, Advocate—For the Petitioner. Dr. Kazi Reazul Hoque, Assistant Attorney General—For the Respondent No.5. Writ Petition No. 1092 of 1999. Judgment Md. Abd......d in the affidavit that stopping of the salaries and allowances is the internal affairs of the local authorities and the said local authorities exercised their discretion judicially and that does not call for any interference by this Court. 6. In view of the papers annexed as Annexure-‘X’ ser......his order within four weeks from the date of receipt of a copy of this order. The office is directed to communicate this order at once. Ed. This Case is also Reported in: 52 DLR (2000) 388. ..Category: Employment/Service Law | Date: | Hits: 84
Deputy Commissioner and another Vs. Md. Abu Taher and another, 2010, 39 CLC (AD)
.... record. Learned Deputy Attorney General has taken us to the impugned judgment and argued that the High Court Division erred in law in making the rule absolute despite holding that the government has power to acquire the disputed property for public purpose at any point of time. Learned Deputy Attor......ndra Kumar Sinha J The Deputy Commissioner and another …………..........Petitioners Vs. Md. Abu Taher and another ……………………………………....Respondents Order October 13, 2010. Lawyers Involved: Karunamay Chakma, Deputy Attorney General, instructed by B. ......t and order dated 19th April, 2007 passed by the High Court Division in Writ Petition No.6142 of 2001 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 23.......t and order dated 19th April, 2007 passed by the High Court Division in Writ Petition No.6142 of 2001 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 23...Category: Property Law | Date: | Hits: 81
Commissioner of Customs and others Vs. Ruhul Amin Bachuchu and others, 2009, 38 CLC (AD)
....,92,201.39 from consignment imported by him under Letter of Credit dated 7.3.99 on the averments that in the course of his business he opened the above letter of credit dated 7.3.1999 for import of power tiller with accessories from China and after arrival of the goods he through his clearing agen......III ADC (2011) 14. ......of paper book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till hearing of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 14. ......of paper book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till hearing of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 14. ..Category: Fiscal/Taxation Law | Date: | Hits: 92
Md. Raisuddin Biswas and others Vs. Md. Mazed Ali, 2009, 38 CLC (AD)
.... be sustained and accordingly those are set aside. Both the appeals are allowed without any order as to costs. End. This Case is also Reported in: VIII ADC (2011) 1, 16 MLR (AD) (2011) 261. ......filed the above Title Suit No. 92 of 1995 seeking declarations that the Deed of Heba-bil-Ewaz No. 15294 dated 11.10.1986 allegedly executed by his father Hedayetullah Biswas gifting the suit land to the defendant Beraful Nessa, his second wife and the predecessor of the appellants in both the ......artitioned among the co-sharers by metes and bound and Mazed Ali, being the son of Hedayetullah, his possession in the suit property was natural and as such his mere possession does not automatically prove the genuineness of the above Deed No. 21065 dated 21.4.1975; further the High Court Divi...... be sustained and accordingly those are set aside. Both the appeals are allowed without any order as to costs. End. This Case is also Reported in: VIII ADC (2011) 1, 16 MLR (AD) (2011) 261. ..Category: Property Law | Date: | Hits: 109
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....of the Criminal Law Amendment Act, 1958 and also the schedule to the A.C.C. Act, 2004 by inserting offences under the Ain of 2002 in both the schedules, the ACC has been emboldened with the exclusive power and jurisdiction to enquire into and conduct investigation of offences of money laundering, pr...... represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others.......Respondents Judgment February 9, 2011. Cases Referred to- Md. Nazimuddin Vs. The State, 30 DLR 49 (FB) 70; T.S. Baliah Vs. Income-tax Officer, Madras, ......of with the above observations and modifications. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 18, 31 BLD (AD)(2011) 34, 19 BLT (AD) (2011)104, 8 LG (2011) AD 90, VIII ADC (2011) 217. ......of with the above observations and modifications. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 18, 31 BLD (AD)(2011) 34, 19 BLT (AD) (2011)104, 8 LG (2011) AD 90, VIII ADC (2011) 217. ..Category: Civil Law | Date: | Hits: 174
Razia Sultana Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....y the rest Taka 15,000 with a prayer to register the deed of sale in their favour. 19. Thereafter, the Ministry of Jute and Textiles, Textiles Division, Government of Bangladesh in exercise of its powers conferred by clause (2) of Article 23 of the Order directed winding up of the Dhakeswari Cott......ana……………………………………………….………Petitioner Vs. Government of Bangladesh and others …………….Respondents Judgment March 1, 2004. Cases Referred to- Buxly Paints Ltd Vs. Bangladesh Government 31 DLR (AD) 266; Chairman, Bangladesh Steel Mills ......o. 3308 of 1998. Judgment ABM Khairul Raque J.- This Rule Nisi under Article 102 of the Constitution of the People's Republic of Bangladesh was issued at the instance of one Mrs. Razia Sultana, calling, upon the respondents to show cause as to why the order of respondent No. 2 contained in Mem......ic Works, a firm. The Dhakeswari Cotton Mills Limited, a company in liquidation, owned the properties at the holding Nos. 27 and 28, Hatkhola Road, Dhaka. The board of directors of the company in its meeting held on 28‑12‑1963 authorised its managing director, the respondent No. 3), to sell its ..Category: Business or Commercial Law | Date: | Hits: 194
Virginia Tobacco Company (BD) Ltd. Vs. Registrar of Trade Marks and another, 2000, 29 CLC (HCD)
....ing heard to the parties and the parties will be at liberty to adduce further evidence if they want. There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 362. ......rty to adduce further evidence if they want. There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 362. ......Express" from the label of the appellant. 2. The respondent No.2 Ardath Tobacco Company Limited filed an application under section 37 read with section 46 of the Trade Marks Act, 1940 (hereinafter called "the Act") for removal or rectification of the registered Trade Mark of the appellant on the ......ing heard to the parties and the parties will be at liberty to adduce further evidence if they want. There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 362. ..Category: Intellectual Property Law | Date: | Hits: 226
Jashimuddin (Md.) alias Md. Jashimuddin Vs. Dali Begum and another, 2003, 32 CLC (HCD)
.... below found that the marriage is a valid marriage and the divorce is also a valid one and child born of their wedlock is a legitimate child. This Court, being the revisional Court, has a supervisory power and can grant relief of full dower and maintenance according to the law as contemplated in the......alias Md. Jashimuddin………..Defendant-Petitioner Vs. Dali Begum and another ………….......................Plaintiff Opposite Parties Judgment November 15, 2003. Cases Referred to- Dr. ALM Abdullah Vs. Rokeya Khatun, 21 DLR 213; Anwar Hossain Vs. Momtaz Begum, 4 BLC 521; Ab...... In that view of the matter, the Rule is discharged without any order as to costs. The stay order granted by this Court is hereby vacated. Ed. This Case is also Reported in: 56 DLR (2004) 358. ...... parties to the marriage and acceptance of the proposal by or on behalf of other party in presence and hearing of 2 male or one male and 2 female witnesses but must be same and adult expressed at one meeting. He has further cited the case of 4 BLC 521 wherein it has been told that a marriage between..Category: Family Law | Date: | Hits: 186
State Vs. Billal Hossain Gazi, 2004, 33 CLC (HCD)
....s wife and he is required to be put on trial for the cause of death before a proper court. The proper procedure in the facts of the given case, is to remand the case to the Court of Magistrate having power to take cognisance of the offence for passing necessary orders on perusal of the police report......Bhuiyan J State ……………………………………Petitioner Vs. Billal Hossain Gazi ……………..Respondent Judgment April 13, 2004. Lawyers involved: Nikilesh Dutto, Deputy, Attorney-General with Md. Baset, Assistant Attorney-General and Fara Mahmuda Assistant A......d prisoner about 7/8 years ago. After the marriage the accused Billal Hossain Gazi has taken ornaments and money as dowry by creating pressure upon the victim. He used to torture the victim both physically and mentally for dowry and that lastly he has demanded dowry of Taka 20,000 on the plea of goi......ourt and the trial Court shall be at liberty to decide the case independently on the basis of the evidence to be available with the record. Ed. This Case is also Reported in: 56 DLR (2004) 355. ..Category: Criminal Law | Date: | Hits: 43
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