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SM Nasirul Haque Vs. Omar Faruque Chowdhury and others, 2001, 30 CLC (HCD)
....t but only in respect of his own share. If the previous raiyat or for that matter his co-sharer raiyat held khas any portion of the original tenancy, that portion becomes a separate raiyati under the Government with which the upgraded raiyat has got no connection. In view of the position, the under-......are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ...... Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J SM Nasirul Haque…..……………Petitioner Vs. Omar Faruque Chowdhury and others ………Opposite Parties Judgment Decem......vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ..Category: Property Law | Date: | Hits: 39
Sufia Islam Shila and another Vs. Shakhawat Hossain and others, 2001, 30 CLC (HCD)
.... of 1953 in the Court of 6th Munsif, Dhaka for declaration of her title and interest and for recovery of khas possession of the ‘A’ schedule property against the auction purchaser Afia Khatun and Government and obtained decree on compromise as the plaintiffs and defendants filed a joint compromi......ssioner within 3 months and to conclude the trial preferably within another 6 months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 178. ......R (2002) 178. ...... of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 178. ..Category: Property Law | Date: | Hits: 28
....reneurs for industrial growth on a nominal service charge on the loan fund. The applicant society submitted return for the assessment year 1983-84 showing income of Taka 2,59,684 and as Voluntary Non-Government Organisation (NGO) claimed exemption from income tax under section 4(3)(i) of the Income ......ies, or any other groups or associations concerned with small and cottage industries, as well as to private business and individuals in this sector.
(v) To promote the welfare of the people of Bangladesh through assistance to small and cottage industries and to groups or individuals promoting......rt
High Court Division
(Special Statutory Jurisdiction)
Present:
Md. Awlad Ali J
Sikder Maqbul Huq J
Micro Industries Development Assistance Society (MIDAS)………. Applicant
Vs.
Commissioner of Taxes.................Respondent
Judgment
April 4, 2001.
Cases Refe......the assessee.
There will be no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 168...
Category: Fiscal/Taxation Law | Date: | Hits: 65
Sew Bishar Prasad Vs. Collector of Customs, Chittagong and others, 2001, 30 CLC (HCD)
....ase the bank guarantees furnished by the petitioner in terms of the Rule within 15 days from the date of receipt of this order. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 173. ......he Respondents. Writ Petition No.1013 of 1995. Judgment Abu Sayeed Ahammed J.- This Rule Nisi has been issued at the instance of the petitioner Sew Bihari Parsed, sole proprietor of Messers Bangladesh Traders, having his business office at Sena Kallyan Bhaban, Room No.901, 9th Floor, 195 M......02) 173. ......and others…………..Respondents Judgment July 11, 2001. Cases Referred to- Russell Vegetable Oil Ltd. vs. Collector of Customs, Chittagong and others, 5 MLR (HC) 121 = 52 DLR 382; Md. Ayub and others vs. Collector of Customs and others in Writ Petition Nos. 1495 of 1996 and other..Category: Fiscal/Taxation Law | Date: | Hits: 83
Wahidul Haque Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....leged high-handedness of the respondents by showing gross disregard to the judgment and orders of courts including the judgment of the High Court Division. The learned Advocate has submitted that the Government in the Ministry of Housing and Public Works has developed an illegal practice of issuing ...... (2002)165.......: 54 DLR (2002)165.......ent Nos. 1-5 for proper guidance and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)165...Category: Property Law | Date: | Hits: 38
Barrister Ziaur Rahman Khan Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....reme Court High Court Division (Special Original Jurisdiction) Present: K M Hasan J Md. Abdul Quddus J Barrister Ziaur Rahman Khan………………………Petitioner Vs. Government of Bangladesh and others……………respondents Judgment November 28, 1999. ......High Court Division (Special Original Jurisdiction) Present: K M Hasan J Md. Abdul Quddus J Barrister Ziaur Rahman Khan………………………Petitioner Vs. Government of Bangladesh and others……………respondents Judgment November 28, 1999. Cases Referr......64. ......ause (4) of Annexure ‘C’. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 164. ..Category: Administrative Law | Date: | Hits: 462
Bangladesh Supreme Court Bar Association Vs. Shah Azizur Rahman, MP, 1999, 28 CLC (HCD)
....em and would not be spared and the law would take its own course. In the result, the Rule is disposed of with the above observation. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 159.......d. This Case is also Reported in: 52 DLR (HCD) (2000) 159.......ction) Present: Kazi Ebadul Hoque J Md. Muzammel Hossain J Bangladesh Supreme Court Bar Association represented by its Secretary, Md. Saidur Rahman …………..……….Petitioner Vs. Shah Azizur Rahman, MP………………….Contemner Judgment August 26, 1999. Lawy......he above observation. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 159...Category: Criminal Law | Date: | Hits: 120
Nazim Habibuzzaman Vs. World Bank & others, 2001, 30 CLC (HCD)
.... Dhaka, in Money Suit No. 9 of 1997 dismissing the suit as not maintainable. 2. One Nazim Habibuzzaman instituted this suit against the World Bank and seven others including the High Commissioner, Government of India, claiming damages of Taka 4,00,000 crore (four lac crore) occurred due to the co......nment of India, claiming damages of Taka 4,00,000 crore (four lac crore) occurred due to the construction of Farakka Barrage at Farakka in India, causing sufferings to the plaintiff and the people of Bangladesh. In the plaint, the plaintiff traversed the history of Farakka Barrage since 1961 constru...... (2002) 159.......ble to be rejected in limine. In the result, the appeal is dismissed but without any order at to cost. Send down the records forthwith. Ed. This Case is also Reported in: 54 DLR (2002) 159...Category: Others | Date: | Hits: 79
....and are of no legal effect.
The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 59 DLR (2007) 690....... Rule Nisi, briefly, be put thus:
The petitioner, Modern Cold Storage Limited, started its functioning in the industrial area of Feni town getting electricity connection from the respondent No. 2, Bangladesh Power Development Board and the petitioner has been paying its electricity bills submitte......(Special Original Jurisdiction)
Present:
Tariq-ul-Hakim J
Afzal Hossain Ahmed J
Modern Cold Storage Ltd ..................................................................... Petitioner
Vs.
Secretary, Ministry of Energy & Mineral Resource and others…....................…Resp......MP Electricity Board, Jabalpur vs. Chhaganlal AIR 1981; Madh Pra 170 and Gadag Betgiri, Municipal Borough, Gadag vs. Electrical Inspectorate, Govt. of Mysore AIR 1962 Mys 209.
Lawyers involved:
Md. Azizul Haq with Md. Anwarul Islam, Advocates— For the Petitioner.
Tufailur Rahman with Ms. ..
Category: Others | Date: | Hits: 131
State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)
....-00 PM Azahar Ali Bhuiyan left her residence. There was no paper for showing that her husband had enmity with accused Hasib. She also stated that they were possessing the tank as the lessee under the Government. They had no dispute over the tank with accused Hasib. One Meser Ali was arrested in conn......ror 35 CWN 623Ghulam Kadir vs. Crown, PLD 1950 Bagdadl Jadid 51; Nurjahan Begum vs. State, 1988 BLD 389; Abu Taher Chowdhury and others vs. State; 42 DLR (AD) 253Sanwar Hossain vs. State, 45,DLR 489; Bangladesh vs. Paran Chandra Baron, 1986 BCR (AD) 225; Muslimuddin and others vs. State, 38 BLR (AD)......: 59 DLR (2007) 653. ......her Chowdhury and others vs. State; 42 DLR (AD) 253Sanwar Hossain vs. State, 45,DLR 489; Bangladesh vs. Paran Chandra Baron, 1986 BCR (AD) 225; Muslimuddin and others vs. State, 38 BLR (AD) 311; Haji Md. Jamal uddin and others vs. State 1994 BLD 33; State vs. Mokbul Hossain, 1986 BLD 34 = 37 DLR 156..Category: Criminal Law | Date: | Hits: 40
AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)
....de Court. If this position be continued, I am afraid a day will come when practically, there will be no legal system in Bangladesh. Ed. This Case is also Reported in: 59 DLR (2007) 646. ......ioners who, under the facts and circumstances stated above, are fugitives from justice which is not only unethical but also condemnable. 39. In this respect, it is required to mention that the Bangladesh Legal Practitioners and Bar Council Order and Rules, 1972 as amended upto May, 2002 categ......ivision (Criminal Revisional Jurisdiction) Present: Sharifuddin Chaklader J Sheikh Abdul Awal J AKM Iftekhar Ahmed and another……………..Petitioners Vs. State………….….Opposite Party Judgment April 4, 2007. Cases ...... Nirmal Krishna Chanda vs. State 33 DLR 12; Nurun Nahar Zaman vs. State 1995 BLD 537; MA Wahab, Advocate vs. State 1990 BLD (AD) 50 = 42 DLR (AD) 223; Saidur Rahman vs. State 40 DLR (AD) 281; Moulana Md. Yousuf vs. State 3 BLC (AD) 171; Chand Shab vs. Crown 8 DLR (FC) 24; Aziza Khatun vs. State 19 D..Category: Criminal Law | Date: | Hits: 97
Ali Ashraf Mia Vs. Chairman, First Court of Settlement and others, 2006, 35 CLC (HCD)
....1983 and a sale deed was executed and registered through the court on 17-11-1983. The petitioner further contends that he was given possession of the said house through the court on 12-1-1984 and the Government allegedly excluded the said house property from the list of abandoned properties and inti......de the house from the Ka list of Abandoned Buildings. 4. Being aggrieved, the petitioner has come to this Court and obtained the present Rules. 5. The respondent No. 2 the Government of Bangladesh, represented by the Secretary, Ministry of Housing and Public Works, is contesting the Ru...... High Court Division (Special Original Jurisdiction) Present: Tariq-ul-Hakim J Afzal Hossain Ahmed J Ali Ashraf Mia……………………..Petitioner Vs. Chairman, First Court of Settlement and others……………Respondents Judgmen......interference by this Court. Accordingly, both the aforesaid Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 640. ..Category: Property Law | Date: | Hits: 39
Executive Engineer, Roads and Highways Vs. Naderuzzaman and others, 2007, 36 CLC (HCD)
....der XLVII of the Code, the Court will not sit on the matter again for a rehearing or further hearing which is already concluded by a decision even if that be erroneous……………..[Fazle Karim vs Government of Bangladesh, 48 DLR (AD) 178] Cases Referred to- Zenith Packages Limited vs. Memb......he Code, the Court will not sit on the matter again for a rehearing or further hearing which is already concluded by a decision even if that be erroneous……………..[Fazle Karim vs Government of Bangladesh, 48 DLR (AD) 178] Cases Referred to- Zenith Packages Limited vs. Member, Labour App......(2008) 137. ......t the time of the issuance of the Rule and extended subsequently is vacated. Send down the lower court records. Ed. This Case is also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ..Category: Procedural Law | Date: | Hits: 75
Commissioner of Taxes Vs. Prime Bank Ltd., 2007, 36 CLC (HCD)
....r the cost of capital asset and any capital expenditure. While sub-section (7) of section 32 however, exempts tax from capital gain, where capital gain arises from the transfer of capital asset being Government securities and stocks and shares of public companies listed with a stock exchange in Bang......Taka 18,15,67,643 to the total income of the respondent assessee and restored that of the Deputy Commissioner of Taxes. 2. The assessee is a banking company and was accordingly incorporated in Bangladesh. It submitted its income tax return for the assessment year 1999-2000 claiming total inco......Court Division (Statutory Original Jurisdiction) Present: Md. Abdur Rashid J Md. Miftah Uddin Choudhury J Commissioner of Taxes……………….Applicant Vs. Prime Bank Ltd…………………Respondent Judgment September 23, 2007.......s a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ..Category: Fiscal/Taxation Law | Date: | Hits: 82
Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....For the Petitioners (In all Writ Petitions). Md. Mafizur Rahman Mazumder, Deputy Attorney-General with Nahid Mahtab, Assistant Attorney-General with Nahid Sultana, Assistant Attorney-General—For Government (In all Writ Petitions). Akbar Ameen Babul, Advocate—For Respondent No. 3 (In Writ P......gh Court Division (Special Original Jurisdiction) Present: Mirza Hussain Haider J Farah Mahbub J Udayan Garments (Pvt.) Ltd., represented by MD and another....Petitioners Vs. Bangladesh and others……………….Respondents Judgment March 15, 2007. Cases Referre......t High Court Division (Special Original Jurisdiction) Present: Mirza Hussain Haider J Farah Mahbub J Udayan Garments (Pvt.) Ltd., represented by MD and another....Petitioners Vs. Bangladesh and others……………….Respondents Judgment March 15, 2007. Cases ...... March 15, 2007. Cases Referred To- India vs. Elphinstone Spinning and Weaving Co. Ltd, 2001 (1) JT SC, P 563; Canada Sugar Refining Company vs. R(1898) AC 735, P 742; Rahe Manjil Transport vs. Md. Amin, PLD 1963, Karachi 182, Jahanara Akther's Case 49 DLR (AD) 80. Lawyers involved: Shah..Category: Constitutional Law | Date: | Hits: 168
Abdul Mannan Matubbar Vs. Bangladesh Water Development Board and others, 2007, 36 CLC (HCD)
.... considering his explanation." Accordingly, the Rule is discharged, however, without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 610; 13 MLR (HCD) (2008) 51. ......CD) (2008) 51. ...... MLR (HCD) (2008) 51. ...... considering his explanation." Accordingly, the Rule is discharged, however, without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 610; 13 MLR (HCD) (2008) 51. ..Category: Employment/Service Law | Date: | Hits: 76
Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....est on the outstanding dues beginning from 13-12-71 upto the period during which the suit was lying pending considering the "very special circumstances" that the company did not get anything from the Government either by way of compensation or returning equivalent quantity of Jute stocks, which the ...... High Court Division (Special Original Jurisdiction) Present: Mirza Hussain Haider J Farah Mahbub J Angels Corporation (Pvt.) Ltd. and another……………..Petitioners Vs. Bangladesh and others ……………………………….. Respondents Judgment February 18......Court High Court Division (Special Original Jurisdiction) Present: Mirza Hussain Haider J Farah Mahbub J Angels Corporation (Pvt.) Ltd. and another……………..Petitioners Vs. Bangladesh and others ……………………………….. Respondents Judgment Febr......rs ……………………………….. Respondents Judgment February 18, 2007. Cases Referred To- Krishnapada Talukder vs. Geeta Shree Talukder 47 DLR 591; Motiur Rahman vs. Chowdhury Md. Mahfuzul Islam 55 DLR (AD) 104; Kudrat-e-Elahi vs. Bangladesh 44 DLR (AD) 319; Messrs Ali Paper ..Category: Others | Date: | Hits: 104
Integrated Services Ltd. Vs. Commissioner (Current Charges), Customs and others, 2007, 36 CLC (HCD)
....legal effect. The respondents are directed to refund the, detained non-adhesive share transfer stamps by 24th day of May, 2007, positively. Ed. This Case is also Reported in: 59 DLR (2007) 597.......pear before him for personal hearing was challenged. 2. The facts and circumstances, in which the Rule was obtained, in short, are that the petitioner is a private limited company, incorporated in Bangladesh. Pursuant to a Joint Venture Agreement (hereinafter referred to as JVA), the petitioner......97.......nsfer stamps by 24th day of May, 2007, positively. Ed. This Case is also Reported in: 59 DLR (2007) 597...Category: Business or Commercial Law | Date: | Hits: 178
Manzu Sweeper Vs. State, 2005, 34 CLC (HCD)
....titutes an offence under section 25 A of the Special Powers Act, 1974. For the convenience of understanding the section 25A reads as here under: "25A. Penalty for counterfeiting currency notes and Government stamps.- Whoever— (a) Counterfeits, or knowingly performs any part of the proce......ort and unfurled at trial is that on 3-2-1991 PW 1 Md. Mizanur Rahman, Police Inspector, CID Camp, Camilla received a secret information to the effect that some persons were trying to get exchange of Bangladeshi counterfeit currency notes in different shops of Chawk Bazar area of Comilla town. Accor...... ......urrency-note which he kept in his possession or tried to use was in fact a counterfeit currency note. . ……………………………(32) Cases Referred To- Omela Bibi vs. State 54 DLR 98; Md. Abdus Salam alias Abdus Salam vs. State 1995 BLD 477; Almas Mia vs. State 55 DLR 403 and AIR 197..Category: Criminal Law | Date: | Hits: 40
Mofidul Haque (Md) Vs. Bangladesh, 2006, 35 CLC (HCD)
...., there is no merit in this appeal. The appeal must fail. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 588. ......n (Civil Statutory Appellate Jurisdiction) Present: Md. Awlad Ali J Moyeenul Islam Chowdhury J Mofidul Haque (Md)…………………..Appellant Vs. Bangladesh……………..Respondents Judgment December 12, 2006. Cases Referr......urt Division (Civil Statutory Appellate Jurisdiction) Present: Md. Awlad Ali J Moyeenul Islam Chowdhury J Mofidul Haque (Md)…………………..Appellant Vs. Bangladesh……………..Respondents Judgment December 12, 2006. C......rder as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 588. ..Category: Intellectual Property Law | Date: | Hits: 198
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