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....I and yet to give its decision. The Rule, therefore, is premature and not maintainable. Further case of BJI is that the writ petition was filed in 2009 on the basis of an outdated constitution of BJI published in November, 2009. The BJI-constitution has undergone four amendments thereafter. It is an......effect.
2. Facts leading to this Rule (as transpired from the writ petition), in brief, are as hereunder:
The Election Commission (hereinafter referred to as "the Commission"), in order to hold a free, fair and credible general election exchanged views with the political parties ......¦‰à¦¨à§à¦¡à§‡à¦¶à¦¨ করà§à¦¤à§ƒà¦• পà§à¦°à¦•à¦¾à¦¶à¦¿à¦¤, পৃষà§à¦ াঃ ৬৮)
(..to be continued at CLC ID ( 9365 )
......vision
(Special Original Jurisdiction)
Present:
M Moazzam Husain J
Quazi Reza-ul Hoque J
M Enayetur Rahim J
Maulana Syed Rezaul Haque Chadpuri and others .......Petitioners
Vs.
Bangladesh Jamaat-e-Islami and others……………&he..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
....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:
......(1) of 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 ......2) of the Income Tax Ordinance, 1984.
S. H. Md. Nurul Huda Jaigirdar J.- I agree.
Ed.
This Case is also Reported in:
....... Nurul Huda Jaigirdar J
Nur Jahan Akhtar, Director of Medona Garments Limited, 28, Mohakhali, C/A, Dhaka-1212………………Applicants
Vs.
The Commissioner of Taxes, Taxes Zone-3, Ayesha Monzil, 35, Pioneer Road, Kakrail, Dhaka………..
Category: Fiscal/Taxation Law | Date: 31 Jul, 2013 | Hits: 3
Nur Jahan Akhtar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....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: ......40 of 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 ......e Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in: ...... Nur Jahan Akhtar, Director of Medona Garments Limited, 28, Mohakhali, C/A, Dhaka-1212………………Applicants (In all the cases) Vs. The Commissioner of Taxes, Taxes Zone-3, Ayesha Monzil, 35, Pioneer Road, Kakrail, Dhaka……&he..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)
....Civil Rule No.905(f) of 2011 is disposed of. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ...... manner in which the enrolment is to be made and in this context section 50 authorises the Administrator to decide the question whether a particular property is waqf property or not and the order made by the Administrator under this section is subject to challenge by the District Judge in ......te this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ...... Syed Masud Ali Vs. Md. Asmatullah reported in 32 DLR (AD) 39. Nur Hossain, learned Advocate on reference to the judgment passed by the High Court Division in Civil Revision No.2032 of 2010, in which one of us was a party, and also the judgment passed in First Miscellaneous Appeal No.247 of 2010 sub..Category: Trust/Waqf Law | Date: 29 Jul, 2013 | Hits: 5
Robi Axiata Ltd Vs. First Labour Court Dhaka and others, 2013, 42 CLC (HCD)
....Orders of Stay as initially granted are necessarily recalled and vacated. There are no Orders as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 551 ......Orders of Stay as initially granted are necessarily recalled and vacated. There are no Orders as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 551 ......called and vacated. There are no Orders as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 551 ...... High Court Division (Special Original Jurisdiction) Present: Syed Refaat Ahmed J Mahmudul Hoque J Robi Axiata Ltd………………...Petitioner Vs. First Labour Court Dhaka and others...................Respondents Judgment&n..Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7
....d over possession of the fishery in question and also to refund to the petitioner the proportionate lease money for the unexpired period of the lease.
Ed.
This Case is also Reported in:
......te, instructed 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)
......ity Ltd. and others......................Respondents
Judgment
July 28, 2013.
Result:
The Petition is Disposed of.
Lawyers Involved:
Abdul Wadud Bhuiyan, Senior Advocate, instructed by Gaisudin Ahmed Advocate-on-Record- For the Petitioner.
Dr. Md. Ali, Advocate, instr......bsp;
Muhammad Imman Ali J
Mohammad Anwarul Haque J
Hasan Foez Siddique J
Md. Monirul Islam………………………………….Petitioner
Vs.
Bijoy Halder, President Lohalamari Matshajibi Samabaya Samity Ltd. and others......
Category: Civil Law | Date: 28 Jul, 2013 | Hits: 169
Zahir Fakir (Md.) and oth¬ers Vs. Hahma Khatun and others, 2013, 42 CLC (HCD)
....urts records along with a copy of this judgment to the concern Court forthwith for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 240 ...... perform. In avoiding such responsibility on the part of the appellate Court was not proper. All the materials for deciding the suit finally were before the Appellate Court. The impugned judgment and order of remand has been passed by the final Court of fact in order to fill up the lacuna. It is not......y action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 240 ......reme Court High Court Division (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J AKM Shahidul Huq J Zahir Fakir (Md.) and others..............Petitioners Vs. Hahma Khatun and others……………....Opposite Part..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)
....o the writ petitioners. In the result, these rules are made absolute. However, there shall be no order as to cost. Mohammad Ullah J. - I agree. This Case is also Reported in: ......directing the petitioner to deposit Tk. 95,02,309.62 and Tk. 1,43,43,175.97 should not be declared to have been made without lawful authority and of no legal effect, and/or pass such other or further order or orders as to this Court may seem fit and proper.†4. Upon perusing the judgment passe......re made absolute. However, there shall be no order as to cost. Mohammad Ullah J. - I agree. This Case is also Reported in: ......tion) Present: AFM Abdur Rahman J Mohammad Ullah J Md. Lokman Hakim, Proprietor of Fardous Steel Corporation, 9 Bhatiary U/P, Sitakunda, District: Chittagong………….............Petitioner Vs. 1. National Board of Revenue, Rajashasha Bhaban, 1,Segunbagicha, Police Station- Ramn..Category: Fiscal/Taxation Law | Date: 25 Jul, 2013 | Hits: 121
Younusuzzaman (Badal) Vs. State and another, 2013, 42 CLC (HCD)
.... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ......he impugned proceeding, the accused-petitioner preferred this instant application under section 561A of the Code of Criminal Procedure for quashing the proceeding and obtained the present Rule and an order of stay. 5. Mr. Lutfor Rahman, learned advocate appearing for the petitioner at the outse......f this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ...... High Court Division (Criminal Appellate Jurisdiction) Present: Borhanuddin J KM Kamrul Kader J Younusuzzaman (Badal).........................Petitioner Vs. The State and another………………..............Opposite parties Judgme..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)
....The respondent No.3 is directed to pay cost of Taka 50,000 to petition No.1 and Taka 50,000 to petitioner No. 2 within 30 days. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 584. ......unlawful gain to petitioner No. 1. Fraud vitiates everything. Besides, in such a case, the corporate veil is to be lifted to find out the real culprits and to undo the misdeed for ends of justice, in order to obviate harassment by dragging the company to multiplicity of proceedings, particularly whe......petition No.1 and Taka 50,000 to petitioner No. 2 within 30 days. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 584. ......84. ..Category: Company Law | Date: 24 Jul, 2013 | Hits: 10
....petitioner Bank referring the aforesaid Artha Rin Suit and prayed for waiver of interest. But the proposals, being not acceptable, were not considered by the petitioner-bank. The petitioner Bank published auction notice in the 'Daily Janakantha' on 9-2-2011 and the 'Daily Lokshomaj&......d. Ashfaqul 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......ous case after hearing both sides forthwith.
Communicate at once.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2013) 1.
......urt
High Court Division
(Special Original Jurisdiction)
Present:
Md. Ashfaqul Islam J
Md. Ashraful Kamal J
Bangladesh Development Bank Limited...................Petitioner
Vs.
Judge, Artha Rin Adalat, Jessore and others..............Respondents
Judgmen..
Category: Banking Law | Date: 24 Jul, 2013 | Hits: 10
Sarwar Hossain Moni (Md.) Vs. State and another, 2013, 42 CLC (AD)
....iewed in affirming the judgment and order passed by the High Court Division and accordingly, both these petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 283. ......laint having been filed before expiry of the statutory period as stipulated in clause(c) of the proviso to section 138(1) of the Act, was barred by law, this Division having affirmed the judgment and order passed by the High Court Division which took the view that though the respective petition of c......Court Division and accordingly, both these petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 283. ...... Abdul Wahhab Miah J Syed Mahmud Hossain J AHM Shamsuddin Chowdhury J Sarwar Hossain Moni (Md.)........Petitioners (In both cases) Vs. State and another……………&hellip..Category: Criminal Law | Date: 24 Jul, 2013 | Hits: 8
Zahidul Islam (Md.) Vs. Md. Kamal Hossain and another, 2013, 42 CLC (AD)
....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. ...... Taufique Hossain, Advocate-on-Record—For Respondent No.1. Mahmuda Begum, Advocate-on-Record—For Respondent No.2. Criminal Appeal No.2 of 2011. (From the judgment and order dated the 25th day of March,2009 passed by the High Court Division in Criminal Miscellaneous C...... case in accordance with law and dispose of the same expeditiously. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 180. ......ition of complaint 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..Category: Others, Procedural Law | Date: 23 Jul, 2013 | Hits: 9
Mati alias Md. Matiar Rahman Vs. State, 2013, 42 CLC (AD)
....304 of the Penal Code, he is hereby sentenced to rigorous imprisonment for ten years. The sentence imposed by the High Court Division is accordingly modified. Ed. This Case is also Reported in: ...... Advocate-on-Record-For the Appellant. Shohrowardi, Deputy Attorney General, instructed by B. Hossain Advocate-on-Record-For Respondent. Criminal Appeal No.51 of 2003. (From the judgment and order dated 1st July, 2002 passed by the High Court Division in Criminal Appeal No.303 of 1987) J......espondent Judgment July 23, 2013. Result: The appeal is allowed. Lawyers Involved: Muhammad Nawab Ali, Advocate-on-Record-For the Appellant. Shohrowardi, Deputy Attorney General, instructed by B. Hossain Advocate-on-Record-For Respondent. Criminal Appeal No.51 of 2003. (Fr......n. Upon hearing, Leave was granted to consider the following ground: “Because the Hon’ble High Court Division erred in law in awarding twenty years of sentence upon the accused appellant petitioner after converting his offence under section 302/34 to 304 part I of the Penal Code which means h..Category: Criminal Law | Date: 23 Jul, 2013 | Hits: 88
....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
......irected to give time scale, selection grade, seniority and related service benefits to the petitioners and count their service period in the development project and/or pass such other or further order or outers as to this Court may seem fit and proper.
2. At the time of hearing at the outs...... in the development project.
There will be no order as to costs.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 157
......Court
High Court Division
(Special Original Jurisdiction)
Present:
Tariq-ul-Hakim J
Abu Taher Md. Saifur Rahman J
Shahnaz Parveen and others.......................Petitioners
Vs.
Bangladesh, represented by the Secretary, Ministry of Heath and Family Welfare D..
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)
....in which deserves our interference. In that view of the matter the petition for leave to appeal is hereby dismissed Ed. This Case is also Reported in: 21 BLT (AD) (2013) 229. ......rd-For 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 Revis......bi and others………………………………Respondents Judgment July 7, 2013. Result: The is hereby dismissed Lawyers Involved: Quamrul Islam Siddique, Advocate instructed by Mohd. Nawab Ali Advocate-on-record- For the Petitioner. Fida M. Kamal, Advocate......ppellate Division (Civil) Present: Nazmun Ara Sultana J Mohammad Anwarul Haque J Hasan Foez Siddique J Ayurvedia Pharmacy (Dhaka) Ltd…………………......Petitioner Vs. Meher Banu Bibi and others………………………………Respondents J..Category: Civil Law | Date: 7 Jul, 2013 | Hits: 13
Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)
....f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129. ......l cases) Momtaz Uddin Fakir, Additional AC instructed by Mahmuda Begum, Advocate-on-Record-For the Respondents. (In all cases) Criminal Appeal Nos. 11-13 of 2010 (From the judgment and order dated 29-11-2007 passed by the High Court Division in Criminal Appeal No. 3215 of 2004, No.334......et them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129. ......victing the appellants under sections 302/34 of the Penal Code and sentencing each of them to suffer imprisonment for life and pay fine of Taka 10,000, in default, to suffer rigorous imprisonment for one year more. 2. The relevant facts, for disposal of these appeals, are that these three appel..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3
Afazuddin Fakir (Md.) Vs. MH Rahman and others, 2013, 42 CLC (HCD)
....d with the Miscellaneous Case in accordance with law. Send down the lower Court records with copy of this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 581 ...... Nos.1 & 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 Dist......Case is also Reported in: 65 DLR (HCD) (2013) 581 ......(2013) 581 ..Category: Property Law | Date: 17 Jun, 2013 | Hits: 4
Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)
....h the above observations. Let a copy of this judgment be communicated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ......orms of judicial ethics and will be considered as interference with the administration of criminal justice. The High Court Division cannot dictate its subordinate courts regulating the purported orders to be passed by it after the appearance of accused. The learned Judges have left nothing for ...... communicated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ......bsp; AHM Shamsuddin Chowdhury J Wadud Mollah (Md.)........................Petitioner Vs. Md. Nayem and Another………………..Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3
Monowara Begum Vs. Government of Bangladesh others, 2013, 42 CLC (HCD)
....tances since the “অরà§à¦ªà¦¿à¦¤ সমà§à¦ªà¦¤à§à¦¤à¦¿ পà§à¦°à¦¤à§à¦¯à¦¾à¦°à§à¦ªà¦¨ আইন, ২০০১ (Act XVI of 2001) imposed restriction to consider any of the matter after publishing the property in the gazette notification for judicial consideration so this court may dis......atter afresh. 15. Considering the facts and circumstances of the case and the discussions above the Rule may be disposed of. 16. In the result, the Rule is disposed of, however, without any order as to cost. The Tribunal is directed to dispose of the case afresh considering the evidence on......ision No. 2259 of 1997. Judgment SM Emdadul Hoque J. — On an application of the petitioner Monowara Begum under section 115 (1) of the Code of Civil Procedure, the Rule was issued calling upon the opposite party Nos. 1 and 2 to show cause as to why the impunged judgment and decree da...... 476. ..Category: Civil Law, Property Law | Date: 16 Jun, 2013 | Hits: 2
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