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Commissioner of Taxes Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, Shampur, 1991, 20 CLC (HCD)

.... claimed exemption from taxes. 10. Mr. CR Ali, the learned Advocate for the opposite party, submits that the bonus for which exemption was claimed was an incentive bonus and it was paid as per the Government Notification No.RID‑37n3/950 19th December, 1973 issued under Ordinance No. XXIII of 19......n 66A(2) of the Income Tax Act, 1922 for preferring an appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ......urt High Court Division (Special Statutory Jurisdiction) Present: Abdul Bari Sarker J Kazi Ebadul Hoque J Commissioner of Taxes Dhaka (South) Zone, Dhaka…………..Applicant Vs. Ujala Match Factory, Shampur……………Respondent. Judgment June 2, 1991. Lawye......n 66A(2) of the Income Tax Act, 1922 for preferring an appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ..

Category: Fiscal/Taxation Law | Date: | Hits: 171

Majiruddin Ahmed, Advocate Vs. Chairman, Bangladesh Bar Council and others, 1991, 20 CLC (HCD)

....e allegation, inter alia, that while her husband late Md. Akmal Khan was working as an Accounts Officer, Bangladesh Television at Rampura he was killed on 7.11.75 along with other three officers. The Government of Bangladesh, considering the deplorable condition of the respondent No.1, Monwara Akmal......ision (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Mainur Reza Chowdhury J Majiruddin Ahmed, Advocate…………..Petitioner Vs. Chairman, Bangladesh Bar Council and others ..... Respondents Judgment April 30, 1991. Lawyers Invol...... High Court Division (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Mainur Reza Chowdhury J Majiruddin Ahmed, Advocate…………..Petitioner Vs. Chairman, Bangladesh Bar Council and others ..... Respondents Judgment April 30, 1991. ......ladesh Bar Council, Dhaka dated 12.8.85 (Annexure‑E) for misappropriation of Tk. 2,40,000.00 by petitioner Mr. Majiruddin Ahmed, Advocate, on the allegation, inter alia, that while her husband late Md. Akmal Khan was working as an Accounts Officer, Bangladesh Television at Rampura he was killed on..

Category: Employment/Service Law | Date: | Hits: 94

Bangladesh Vs. Abdul Wahab & others, 1991, 20 CLC (HCD)

....n, save in exceptional cases should not be lightly condoned for a valuable right has accrued to the other parties of which he cannot be deprived for any substantial reasons. To make department of the Government exception to this Rule would be putting a premium on negligence and want of proper dilige......t any order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 30. ...... Reported in: 45 DLR (HCD) (1993) 30. ...... taken his Lordship Mr. Justice Bimalendu Bikash Roy Chowdhury. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 30. ..

Category: Procedural Law | Date: | Hits: 87

Rashid Ahmed Vs. Abdul Nabi Sawdagar and others, 1990, 19 CLC (HCD)

.... Advocate ‑ For the Petitioners. Not represented‑ the Opposite Parties. Civil Revision No.199 of 1984. Judgment AM Mahmudur Rahman J.- In this Rule the petitioner was lessee under the Government of the disputed land which was treated by the Government as enemy property. 2. The pet......ate Court does not suffer from any error of law in dismissing the suit. In the result, I discharge this Rule. No order as to Costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 29. ...... also Reported in: 45 DLR (HCD) (1993) 29. ......ate Court does not suffer from any error of law in dismissing the suit. In the result, I discharge this Rule. No order as to Costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 29. ..

Category: Property Law | Date: | Hits: 75

Abdul Jalil Vs. Chairman, Rural Electri­fication Development Board and others, 1992, 21 CLC (HCD)

....d having not been made a party the application is not maintainable. 6. The rule was issued on the Chairman of the said Board and the Secretary of the Board who issued the impugned order and on the Government. It is true that in section 3(2) of the Rural Electrification Board Ordinance, 1977 under...... No.89 taken on 8.1.86 by the Board so far as it relates to the petitioner is declared to have been made without any lawful authority. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 24. ......5 DLR (HCD) (1993) 24. ...... have been made without any lawful authority. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 24. ..

Category: Constitutional Law | Date: | Hits: 187

Nasir Miah, Malik Nasir Soap Factory Vs. Md. Anwar Hossain Executive Officer, Commander Soap Factory Ltd., 1994, 23 CLC (HCD)

....herefore, find no merit in the contentions of the learned Advocate for the appellant. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 48 DLR (1996) 28. ......udgment June 6, 1994. Cases Referred To- Iron‑Ox Remedy Co. Ltd Vs. Co‑Operative Wholesale Society Ltd. page 381 of Trade Mark Case from (1907) 24 RP 6, 425; Dhaka Match Factory Ltd. Vs. Bangladesh Match company Ltd. 30 DLR 244; Shafquat Haider Vs. Md. Al-Amin 1987 BLD (AD) 130. Lawy......ed in: 48 DLR (1996) 28. ......48 DLR (1996) 28. ..

Category: Intellectual Property Law | Date: | Hits: 224

Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)

.... Naimuddin Ahmed J Md. Rahul Amin J Aftab Uddin (Md.)....................................................Petitioner Vs. Bangladesh, represented by Secretary, Ministry of establishment, Government of the People’s Republic of Bangladesh and others………………….Respondents J......igh Court Division (Special original jurisdiction) Present: Naimuddin Ahmed J Md. Rahul Amin J Aftab Uddin (Md.)....................................................Petitioner Vs. Bangladesh, represented by Secretary, Ministry of establishment, Government of the People’s Republ......rt High Court Division (Special original jurisdiction) Present: Naimuddin Ahmed J Md. Rahul Amin J Aftab Uddin (Md.)....................................................Petitioner Vs. Bangladesh, represented by Secretary, Ministry of establishment, Government of the People’s......ed for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ..

Category: Employment/Service Law | Date: | Hits: 173

Debishahar Agricultural & Fish Farming Co-operative Society Ltd. Vs. Narayan Chandra Swarnakar & others, 1982, 11 CLC (AD)

....ore the Supreme Court of Pakistan was also without any success. The owners then formed a Co-Operative Society and filed a title suit being T.S. No.441 of 1966 for permanent injunction to restrain the Government from interfering with their excess land and allotting the same to any other person. Their......nst the Government is maintainable whether it is filed by the ex-rent receivers directly or in the name of their co-operative Society. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 98. ......Civil) Present FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Debishahar Agricultural & Fish Farming Co-operative Society Ltd………....Appellant Vs. Narayan Chandra Swarnakar & others…………..Respondents Judgment March 11, 1982......nst the Government is maintainable whether it is filed by the ex-rent receivers directly or in the name of their co-operative Society. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 98. ..

Category: Procedural Law | Date: | Hits: 68

Bangladesh Vs. M/s. Mashrique Tex­tiles and others, 1982, 11 CLC (AD)

.... arbitration agreement under section 20 of the Arbitration Act. There was a contract, No. S/7/509/70-71 dated 9.2.71, between plaintiff-respondent No.1 and defendant No.2, namely, Director of Supply, Government of Pakistan, hereinafter referred to as “the buyer” for the supply of 57,50,000 B. Tw......n: 35 DLR (AD) (1983) 66. ......me Court Appellate Division (Civil) Present FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Bangladesh.........Appellant Vs. M/s. Mashrique Tex­tiles and others...........Respondents Judgment May 18, 1982. C......at the agreement be filed in Court must, however, stand. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 66. ..

Category: Alternative Dispute Resolution | Date: | Hits: 147

Zebunnessa Vs. Commissioner of Income Tax North (Zone), Dacca, 1982, 11 CLC (AD)

.... assessee-appellant but that view is based on no evidence. There is no material to hold that the agreement between the Sonali Estate Agents and the assessee-appellant was collusive one to deprive the Government of the revenue. 15. In the circumstances, we find that the bona fide annual value dete......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.......ourt Appellate Division (Civil) Present: Fazle Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Zebunnessa...........Appellant Vs. Commissioner of Income Tax North (Zone), Dacca…………….Respondent Judgment July ......r of Income Tax, Bombay City, 20 ITR (1951) 162; S.G. Mercantile Corporation Limited Vs. Commissioner of Income Tax, 83 ITR 700. Lawyers Involved: Syed Muzaffar Hossain, Advocate, instructed by Md. Aftab Hossain, Advocate-on- Record - For the Appellant. Habibul Islam Bhuiyan, Advocate, inst..

Category: Fiscal/Taxation Law | Date: | Hits: 88

Abdur Rahman and others Vs. Sultan ® Sultan & others, 1982, 11 CLC (AD)

....ddin Ahmed J Chowdhury ATM Masud J Abdur Rahman and others….......Appellants Vs. Sultan ® Sultan & others..........Respondents Judgment May 5, 1982. Case Referred To- Local Government Code Vs. Arlidge, 1915 AC 120 (at 138). Lawyers Involved: Khondkar Mahbubuddin Ahme......any equita­ble relief. In the result, therefore, this appeal is allo­wed with costs. The order of the High Court Division is set aside. Ed. This Case is also Reported in: 35 DLR (1983) 51. ......ellate Division (Civil) Present Fazle Munim CJ Ruhul Islam J Badrul Haider Choudhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Abdur Rahman and others….......Appellants Vs. Sultan ® Sultan & others..........Respondents Judgment May 5, 1982. Case Referred T......any equita­ble relief. In the result, therefore, this appeal is allo­wed with costs. The order of the High Court Division is set aside. Ed. This Case is also Reported in: 35 DLR (1983) 51. ..

Category: Procedural Law | Date: | Hits: 72

Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)

....refore, I, Lieutenant General Hussain Muhammad Ershad, with the help and mercy of Almighty Allah and blessings of our great patriotic people, do hereby take over and assume all and full powers of the Government of the People’s Republic of Bangladesh with immediate effect from Wednesday, 24th March......rted in: 35 DLR (1983) 1. ......te Division (Civil) Present: FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabudin Ahmed J Chowdhury ATM Masud J Bangladesh & another.............Appellants Vs. Md. Salimullah............Respondent (In Civil Appeal No. 90 of 1981) And Bangladesh......ion (Civil) Present: FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabudin Ahmed J Chowdhury ATM Masud J Bangladesh & another.............Appellants Vs. Md. Salimullah............Respondent (In Civil Appeal No. 90 of 1981) And Bangladesh………..

Category: Constitutional Law | Date: | Hits: 181

Superintendent & Remembrancer of Legal Affairs, Government of Bangladesh Vs. Siddique Ahmed, 1977, 6 CLC (AD)

....(1979) 29. ......preme Court Appellate Division (Criminal) Present: Syed AB Mahmud Hussain CJ Kemaluddin Hossain J Fazle Munim J Superintendent & Remembrancer of Legal Affairs, Government of Bangladesh........Appellant Vs. Siddique Ahmed.........Respondent Judgment December 6,......on (Criminal) Present: Syed AB Mahmud Hussain CJ Kemaluddin Hossain J Fazle Munim J Superintendent & Remembrancer of Legal Affairs, Government of Bangladesh........Appellant Vs. Siddique Ahmed.........Respondent Judgment December 6, 1977. Lawyers Involved: ......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

Chittagong Container Transportation Company Vs. Bangladesh and others, 2009, 38 CLC (AD)

....arged rent at half rate to avoid ambiguity and provision of notes have also been maintained in the schedule of charges in other Tariff Items; That the Chittagong Port Authority with prior approval of Government has framed Regula­tions for working of Chittagong Port (Cargo and Container), 2001 under......ellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J SAN Mominur Rahman J Chittagong Container Transportation Company...................Petitioner Vs. Bangladesh and others......................................................Respondents Judgment ...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J SAN Mominur Rahman J Chittagong Container Transportation Company...................Petitioner Vs. Bangladesh and others......................................................Respondents Jud...... Accordingly, the petitioner is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 37. ..

Category: Property Law | Date: | Hits: 126

Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)

....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. ......omulgating the Ordinance has been clearly stated in the preamble of the Ordinance. It is said "whereas it is expedient to make better provisions for the control of rent of premises in (East Pakistan) Bangladesh." This pre­amble speaks of protection of the poor tenants from being harassed in the han....... Abdul Matin J SAN Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Monjur Morshed Chowdhury (Md.) @ Monjur Morshed and others.........Appellants Vs. Haji Abul Kashem Sawdagar and another........................................Respondents J......se 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)

....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. ...... Not Represented—Respondents 2 (a) to 2(A). Civil Petition for Special Leave to Appeal No. 189 of 1977 (From the Judgment and Decree dated the 18th April,1977 passed by the High Court of Bangladesh in S.A No. 1050 of 1965) Judgment Kemaluddin Hossain J.- Defendants are the peti­t...... Appellate Division (Civil) Present ABM Hussain CJ Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Salema Khatun Bibi & others ……….. Petitioner Vs. Hemangini Ghosh Dastidar and others .………….Respondents Judgment August 25, 1977........ Cases Referred To- Wali Mohammad Chaudhari Vs. Jamaluddin Chaudhuri, AIR 1950 Alahabad 524, S.C.A. 136 AIR 197(1) SC 761; Gopal Das Vs. Sri Thakurji, AIR 1943 (PC) 83. Lawyers Involved: Md. Fazlul Karim, Advocate, instructed by B. C. Panday, Advocate on-Record—For the petitioners. ..

Category: Property Law | Date: | Hits: 63

Homeland Life Insurance Co. Ltd. Vs. Jahanara Begum and others, 2000, 29 CLC (HCD)

....cy is the sufficient answer to the submission made by Mr. Ahmed Ali. 7. Mr. Ahmed Ali tried to submit that there being no Claims Settlement Board constituted under section 47C(2) of the Act by the Government, the decision of the learned Subordinate Judge treating the order of the respondent No.3 ......ently suppressed by the policy knowing them to be false. Section 46 of the Act, empowers a holder of policy to sue for any relief in respect of the policy in any Court of competent jurisdiction in Bangladesh; and if the suit is brought in Bangladesh any question of law arising in connection with ......6. ......rds at once. The order of stay granted is vacated. Ed. This Case is also Reported in: 52 DLR (2000) 666. ..

Category: Business or Commercial Law | Date: | Hits: 190

Kamaluddin Ahmed Vs. Director of Trade Organisations and others, 2000, 29 CLC (HCD)

....ied with while adopting such resolution or taking such decision, or that such resolution or decision is contrary to any rules, regulations, directions or instructions issued by the Director or by the Government to such Trade Organisations. 27. The Trade Organisations Ordinance is a special legisl......ul Islam Chowdhury J Kamaluddin Ahmed...............Petitioner Vs. Director of Trade Organisations and others................Respondents Judgment July 25, 2000. Case Referred To- Bangladesh Chemical Industries Corporation Vs. Registrar Joint Stock Companies and another, 39 DLR 1......in:52 DLR (2000) 659. ......oint Stock Companies and another, 39 DLR 1. Lawyers Involved: Dr. Kamal Hossain with M Zahir and Tanjibul Alam, Advocates - For the Petitioner. M Amirul Islam with Moudud Ahmed, Akhtar Imam, Md. Kalimullah Mazumder Syed Mamun Mahbub, Advocates - For Respondent No.6. Prabir Neogi, Assista..

Category: Others | Date: | Hits: 123

Giasuddin Ahmed Chowdhury Vs. Dhaka University and others, 2000, 29 CLC (HCD)

....ies could be seen all around the TSC, more police were mobilised and armed persons in civilian clothes entered the polling centre. When the result declared it was found that all the candidates of the Government-backed ‘Ganatantrik Oikya Panel’ were elected. 7. The impugned notification declar......the Senate of the Registered Graduates of Dhaka University is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 650. ......gh Court Division (Special Original Jurisdiction) Present: KM Hasan J Md. Abdul Quddus J Giasuddin Ahmed Chowdhury alias Gias Kamal Chowdhury and others………………Petitioners Vs. Dhaka University and others………………Respondents Judgment July 12, 2000. Cas......l authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 650. ..

Category: Election Law | Date: | Hits: 105

Janata Insurance Co. Vs. Islam Steel Mills, 2000, 29 CLC (HCD)

....in MS No.44 of 1994, MS No.45 of 1994 and MS No.46 of 1994 are hereby confirmed. Let the records be sent down without any further delay. Ed. This Case is also Reported in: 52 DLR (2000) 642. ......on 2(9) of the Act has, however, defined ‘insurer’. Section 46 of the Act, reads: “46. The holder of a policy of insurance issued by an insurer in respect of insurance business transacted in Bangladesh after the commencement of the Act shall have the right, notwithstanding anything to the c...... Judgment here. Supreme Court High Court Division (Civil Appellate Jurisdiction) Present: Md. Mozammel Hoque J Md. Abdur Rashid J Janata Insurance Co.……………Appellant Vs. Islam Steel Mills……………Respondents Judgment July 12, 2000. Cases Referre......elay. Ed. This Case is also Reported in: 52 DLR (2000) 642. ..

Category: Business or Commercial Law | Date: | Hits: 211