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Moulana Development Co. Limited Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)

....t relates to the previous assessment years other than the current assessment years. However, there shall be no order as to costs. Mohammad Ullah J. - I agree. This Case is also Reported in: ......Abdur Rahman J Mohammad Ullah J Moulana Development Co. Limited, 980/Access road, Agrabad Chittagong represented its Managing Director Muhammad Abdul Quader Zilany…....Petitioner Vs. 1. National Board of Revenue, NBR Building, Segunbagicha, Dhaka, represented by its Chairman. 2. Com......t relates to the previous assessment years other than the current assessment years. However, there shall be no order as to costs. Mohammad Ullah J. - I agree. This Case is also Reported in: ......p;                   Judgment June 12, 2013. Result: The rule having merit, is made absolute. Lawyers Involved: Mosharaf Hossain, Advocate-For the writ-petitioner. S. Rashed Jahangir, Depu..

Category: Fiscal/Taxation Law | Date: 12 Jun, 2013 | Hits: 86

Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)

.... delivering it to the person on whom -it is to be served; or (b) By sending it by registered post with acknowledgement due to that person at his usual or last known place of abode or business in Bangladesh; or (c) By publication in a daily Bangla nation­al newspaper having wide circula......rtered Bank in favour of the complainant for settling the busi­ness transaction; that the said cheque was pre­sented for encashment in AC No. 37000577 with the Standard Chartered Bank through National Bank, Kawran Bazar on 19-7-2004 and the same was returned back to the drawer on the said da......t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58.     ......y Vs. State, 28 DLR (AD) 38; Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan, 60 DLR (AD) 195; Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38 and Habibur Rahman Howlader Vs. State, 53 DLR (AD) 111. Lawyers Involved: MA Samad, Senior Advocate, instructed by Md. Zahirul Islam, Advocate-on-Recor..

Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10

Sahab Uddin (Md.) Vs. State and another, 2013, 42 CLC (HCD)

....tiable Instruments Act, 1881 (the Act, 1881), alleging, inter alia, that in order to repay a loan due to him, the accused issued three cheques in his favour. All the cheques were drawn on Islami Bank Bangladesh Ltd., Chauk Bazar Branch. The cheques were dated 28-5-2008, 10-6-2008 and 28-5-2008 for T......ce during the trial. In view of the above, we find no merits in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 86. ......ce during the trial. In view of the above, we find no merits in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 86. ......the cheque shall have the liberty to take such defence during the trial...........................(8) Cases Referred to- Arif-uz-Zaman (Md.) Vs. State, 17 BLC (AD) 176=21 BLT (AD) 234. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record—For the Petitioner. B. Hossa..

Category: Civil Law | Date: 11 Jun, 2013 | Hits: 14

Grameen Telecom Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)

....en Bank Complex Mirpur-2, Dhaka-1216….. ……………............Assessee-Applicant Vs. The Commissioner of Taxes, Taxes Zone-03, 35, Pioneer Road, (Ayesha Manjil) Segunbagicha, Dhaka-1000, Bangladesh………Respondent Judgment June 5, 2013. Result: Income Tax Reference Applic......o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ......o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ......es, Taxes Zone-03, 35, Pioneer Road, (Ayesha Manjil) Segunbagicha, Dhaka-1000, Bangladesh………Respondent Judgment June 5, 2013. Result: Income Tax Reference Application is allowed. Lawyers Involved: Sarder Jinnat Ali, Adocate with A.B.M. Fazlur Rashid, Advocate-For the Assessee..

Category: Fiscal/Taxation Law | Date: 5 Jun, 2013 | Hits: 86

A.B.M. Liton Vs. Bangladesh & Others, 2013, 42 CLC (HCD)

....iction) Present: Sheikh Hassan Arif J Mustafa Zaman Islam J A.B.M. Liton…………………………..Petitioner Vs. Bangladesh & Others………………………&hell......the refusal of bail are set-aside in so far as the petitioner is concerned. Communicate this order.  Ed.  This Case is also Reported in: 66 DLR (HCD) (2014) 207   ......the refusal of bail are set-aside in so far as the petitioner is concerned. Communicate this order.  Ed.  This Case is also Reported in: 66 DLR (HCD) (2014) 207   ......hausting all the processes against the main borrower, the impugned orders of arrest as well as the refusal of bail should not sustain in the eye of law……………(6) Lawyers Involved: Helal Uddin Mollah, Advocate- For the Petitioner A.Z.M. Mohiuddin, Advoc..

Category: Banking Law | Date: 3 Jun, 2013 | Hits: 5

Bimol Rosario Vs. Barbara Rosario and others, 2013, 42 CLC (HCD)

....w are hereby maintained. Let a copy of this judgment along with the lower Court s record be sent down at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 122.   ......w are hereby maintained. Let a copy of this judgment along with the lower Court s record be sent down at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 122.   ......w are hereby maintained. Let a copy of this judgment along with the lower Court s record be sent down at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 122.   ......to gift the suit land to her nephews depriving her minor child…………(21 &  22) Cases Referred to- 19 BLT 568; 37 DLR (AD) 205, 45 DLR 279;19 DLR 188. Lawyers Involved: Md. Khandker Amitml Hague, Advocate—For the Petitioner. Moudud Ah..

Category: Civil Law, Evidence Law | Date: 22 May, 2013 | Hits: 3

Nazrul Islam (Md.) & others Vs. Mahfuzur Rahman and others, 2013, 42 CLC (HCD)

....order along with the lower Court s record be sent down to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 126.   ......order along with the lower Court s record be sent down to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 126.   ......order along with the lower Court s record be sent down to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 126.   ...... of justice. Since I have taken the decision to sent the suit back on remand upon set­ting aside the impugned judgment and decree of the appellate Court below it will be beneficial for both. Lawyers Involved: Md. Abdul Jabbar with Md. Ibrahim Advocates—For the Petitioners. M..

Category: Property Law | Date: 21 May, 2013 | Hits: 6

Moon Construction Company Limited Vs. Government of Bangladesh & others, 2013, 42 CLC (HCD)

.... (Civil) Present: Reza-ul-Hoque J A.B.M. Altaf Hossain J Moon Construction Company Limited……………….Petitioner Vs. Government of Bangladesh & others……………….Respondents Judgment ......ent. Office is directed to communicate the copy of this judgment forthwith. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 193         ......ent. Office is directed to communicate the copy of this judgment forthwith. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 193         ...... Cases Referred to- Novva Ads Vs. Department of Municipal Administration, (2008) 8 SCC 42; AKM Kawsar Ahmed Vs. Bangladesh, 65 DLR 277; BTMC Vs. Nasiruddin Chowdhury, 5 BLC (AD) 144. Lawyers Involved: Md.  Oziullah, Advocate- For the Petitioner Sarwar Ahmed, Advocate-..

Category: Constitutional Law | Date: 16 May, 2013 | Hits: 4

ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)

....r or further order or orders passed as to this Court may seem fit and proper. 4. Facts relevant for disposal of these Rules are, in a bridge, is that, the respondent No. 2, GSP. Finance Company (Bangladesh) Limited institut­ed Artha Rin Suit No. 276 of 2010 against the petitioners claiming ......charged without any orders as to costs.' Communicate the judgment to the court con­cerned at once.  Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9.   ......charged without any orders as to costs.' Communicate the judgment to the court con­cerned at once.  Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9.   ....... Joint District Judge, Sylhet, in Writ Petition No. 7347 of 2010; Zahirul Islam Vs. NBL, 46 DLR (AD) 191; BADC Vs. Artha Rin Adalat, 59 DLR (AD) 6; Gazi M Towfic Vs. Agrani Bank, 54 DLR (AD) 6. Lawyers Involved: M Sayed Ahmed and Imtiaz Farooq, Advocates—For the Petitioners. Ru..

Category: Corporate Law, Others | Date: 15 May, 2013 | Hits: 8

Taposh Malaker Vs. Government of Bangladesh, Represented by the Secretary, Ministry of LGRD) and others, 2013, 42 CLC (AD)

....Kumar Sinha J MA Wahhab Miah J Syed Mahmud Hossain J Siddiqur Rahman Miah J AHM Shamsuddin Choudhury J Taposh Malaker..............Petitioner Vs. Government of Bangladesh, Represented by the Secretary, Ministry of LGRD) and others………&helli......made on proper appreciation of law and facts do not call for interference. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 1. ......made on proper appreciation of law and facts do not call for interference. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 1. ......ellip;……………………………Respondents Judgment May 7, 2013. Result: The leave petition is dis­missed. Lawyers Involved: Md. Khurshid Alam Khan, Advocate, instructed by Md. Zahirul Islam Advocate-on..

Category: Election Law | Date: 7 May, 2013 | Hits: 6

Head Mistress, Hazrat Shah Ali Girls' High School, Mirpur, Dhaka Vs. Mohammad Ibrahim and others, 2013, 42 CLC (AD)

....5 rejecting the plaint by his judgment and decree dated 4-6-2007. 7. The plaintiff respondent then filed civil Revision No.4596 of 2007, before the High Court Division of the Supreme Court of Bangladesh, in which Rule was issued upon the defendant oppo­site parties of the Revision. The Civ......cordingly dis­posed of. The matter is remanded to the High court Division for a fresh hearing. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 300; 18 MLR (AD) (2013)153. ......cordingly dis­posed of. The matter is remanded to the High court Division for a fresh hearing. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 300; 18 MLR (AD) (2013)153. ......rt Division cannot allow the prayer of the plaintiff by directly asking the authority to give fresh appoint­ment to the plaintiff from the date of dismissal.............................(13) Lawyers Involved: Sufia Khatun, Advocate-on-Record—For the Petitioner. Khair Azaz Ma..

Category: Procedural Law | Date: 6 May, 2013 | Hits: 15

Moklesuddin Ahmed and another Vs. Rezia Khatun and others, 2013, 42 CLC (HCD)

.... number. The office is directed to do the needful accordingly. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 209.           ...... number. The office is directed to do the needful accordingly. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 209.           ...... number. The office is directed to do the needful accordingly. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 209.           ......site Parties Judgment May 5, 2013. Result: The Appeal is dismissed Cases Referred to- Shabitribala Vs. Rohinikanta Mondal 4 DLR 11 and AIR 1965 (Madhya Pradesh) 21. Lawyers Involved: PC Guha, Advocate—For the Appellant-Petitioners. First Appeal No.6..

Category: Constitutional Law | Date: 5 May, 2013 | Hits: 4

Hasan Chowdhury (Md.) Vs. Bangladesh Bank and others, 2013, 42 CLC (HCD)

.... (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. AshrafUl Kamal J Hasan Chowdhury (Md.) ..................Petitioner (In both the petitions) Vs. Bangladesh Bank and others..................Respondents (In both the petitions) Judgment M......nd also to communicate the compli­ance of our direction to the Registrar of the Supreme Court without any fail. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 533.   ......nd also to communicate the compli­ance of our direction to the Registrar of the Supreme Court without any fail. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 533.   ......eferred to- Professor Md. Yumus Vs. Bangladesh 63 DLR 260; ASF Rahman Vs. Bangladesh Bank 20 BLD (AD) 32 = 52 DLR (AD) 61 and JIT Knit Composite Ltd Vs. Government of Bangladesh 18 BLC 480. Lawyers Involved: Rokonuddin Mahmud, Senior Advocate Mizan Sayeed, Advocates—For the Peti..

Category: Banking Law | Date: 2 May, 2013 | Hits: 3

Sheikh Shahadat Hossain (Md.) Vs. National Board of Revenue, and others, 2013, 42 CLC (HCD)

....: The Customs Appeal is allowed. Cases Referred to- Mohammed Zulfiqar Vs. Abul Kalam, 42 DLR (AD) 83; Superintendent and Legal Remembrance Vs. Zubed Ali, 26 DLR (AD) 1; Zamil Hoque Vs. Bangladesh, 34 DLR (AD) 125; Md Ismail Vs. State, PLD 1969 (SC) 241; Mahmudul Hoque Vs. Shamsul Alam...... Present: Md. Bazlur Rahman J   Hassan Arif J Sheikh Shahadat Hossain (Md.)………………………Appellant Vs. National Board of Revenue and others................Respondents Judgment April 25, 2013. ......vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522   ......ishna Kamini Dashi], ILR 14 Cal-365, P-372 (PC]; Aswini Kumar Ghose Vs. Arobinda Bose [AIR 1952 SC 369, P 383] and Bombay Sweets Company Ltd. Vs. President, Appellate Tribunal, V ADC (2008) 478. Lawyers Involved: Munshi Moniruzzaman, Advocate with Akhtar Farhad Zaman, Advocate—For th..

Category: Fiscal/Taxation Law | Date: 25 Apr, 2013 | Hits: 2

JIT Knit Composite Ltd Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)

....direction the Rule is made absolute. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 480.   ......in stayed. With this observation and direction the Rule is made absolute. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 480.   ......in stayed. With this observation and direction the Rule is made absolute. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 480.   ......lar play a pivotal role in this regard……………….. (4 &5) Cases Referred to- ASF Rahman Vs. Bangladesh Bank 20 B L D (AD) 32 = 52 DLR (AD) 61. Lawyers Involved: Bashir Ahmed, Advocate—For the Petitioner SM Moniruzzaman, DAG wit..

Category: Banking Law, Company Law | Date: 25 Apr, 2013 | Hits: 11

Bureau Veritas (BIVAC) Bangladesh Ltd. Vs. Customs Excise and Vat Appellate Tribunal, Dhaka and others, 2013, 42 CLC (HCD)

....also Reported in: ......the Commissioner of Customs, Chittagong is set aside. Communicate the judgment and send down the records. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ......the Commissioner of Customs, Chittagong is set aside. Communicate the judgment and send down the records. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: .......Appellant Vs. Customs Excise and Vat Appellate Tribunal, Dhaka and others…………...Respondents Judgment April 24, 2013. Result: The customs appeal is allowed. Lawyers Involved: MA Azim Khair with Md. Iqbal Hossain, Advocates-For the Appellant. Gouta..

Category: Fiscal/Taxation Law | Date: 24 Apr, 2013 | Hits: 186

Abdul Mukid (Md.) Vs.. Artha Rin Adalat Khulna and another, 2013, 42 CLC (HCD)

.... Artha Rin Adalat Khulna and another................Respondents Judgment  April 21, 2013 Result: The Rule is made absolute. Cases Referred to- Supreme Court of Bangladesh Vs. Md. Sufi Uddin, 6 BLC (AD) 241; Bangladesh House Building Finance Corporation Vs. Jah......d or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 211.         ......d or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 211.         ......ce Corporation Vs. Jahanara Akter, 16 BLD (AD) 231 =49 DLR (AD) 80; Essex Incorporated Congregrational Church Union Vs. Essex CC, [1963] AC 808;Mahmudul Basque Vs. Shamsul Alam, 36 DLR (AD) 179. Lawyers Involved: Ahmed Nowshed Jamil, Advocate—For the Petitioner. Writ Petition No..

Category: Corporate Law | Date: 21 Apr, 2013 | Hits: 4

Ranju Chandra Das Vs. Sree Radha Krishana Gour Netai Prova Jagabondhu Sundr Bigraha, 2013, 42 CLC (HCD)

....ng of Miscellaneous Case No. 28 of 2011 before the Joint District Judge if he is so advised. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 117       ......ng of Miscellaneous Case No. 28 of 2011 before the Joint District Judge if he is so advised. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 117       ......ng of Miscellaneous Case No. 28 of 2011 before the Joint District Judge if he is so advised. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 117       ......ellip;Petitioner Vs. Sree Radha Krishana Gour Netai Prova Jagabondhu Sundr Bigraha.........Opposite Party Judgment April 18, 2013. Result: This rule is disposed of. Lawyers Involved: Md. Zakir Hossain, Advocate—For the Petitioner. Md. Tobarrak Hossa..

Category: Civil Law, Procedural Law | Date: 18 Apr, 2013 | Hits: 2

Tajul Islam and others Vs. Billal Hossain and another, 2013, 42 CLC (AD)

....e appellants shall appear before the Sessions Judge, Chandpur and till then the bail granted by this court will continue. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 165. ......e appellants shall appear before the Sessions Judge, Chandpur and till then the bail granted by this court will continue. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 165. ......e appellants shall appear before the Sessions Judge, Chandpur and till then the bail granted by this court will continue. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 165. ..........Respondents Judgment April 16, 2013. Result: The appeal is allowed. Cases Referred to- Nurul Huda Vs. Baharuddin and others 41 DLR 395; 37 DLR 18; 37 DLR 18. Lawyers Involved: N I Bhuiyan, Advocate-on-Record-For the appellants. Momtaz Uddin Fakir..

Category: Procedural Law | Date: 16 Apr, 2013 | Hits: 8

Bangladesh Inland Water Transport Au¬thority (BIWTA) Vs. Bangladesh & others, 2013, 42 CLC (HCD)

....eported in: 65 DLR (HCD) (2013) 535 ......ind that the instant writ petition is not maintainable. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 535 ......ind that the instant writ petition is not maintainable. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 535 ......ngladesh & others.............Respondents Judgment April 15, 2013.             Result: The Rule is discharged. Lawyers Involved: SM Rezaul Karim with Sheikh Fazle Noor Taposh with Abdur Razzak with Afia Beg..

Category: Constitutional Law | Date: 15 Apr, 2013 | Hits: 3