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Ali Ashraf Mia Vs. Chairman, First Court of SettleÂment 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...... Jurisdiction) Present: Tariq-ul-Hakim J Afzal Hossain Ahmed J Ali Ashraf Mia……………………..Petitioner Vs. Chairman, First Court of SettleÂment and others……………Respondents Judgment June 27, 2006. Lawyers involved:...... High Court Division (Special Original Jurisdiction) Present: Tariq-ul-Hakim J Afzal Hossain Ahmed J Ali Ashraf Mia……………………..Petitioner Vs. Chairman, First Court of SettleÂment and others……………Respondents Judgmen..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...... also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ......(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......ibunal, which set aside the order 10-9-2000 passed by the Inspecting Additional Commissioner of Taxes adding so-called capital loss of 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 a......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...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......59 DLR (2007) 615.......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 ..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. ......gh Court Division (Special Original Jurisdiction) Present: Tariqul Hakim J Afzal Hossain Ahmed J Abdul Mannan Matubbar.........Petitioner Vs. Bangladesh Water Development Board and others.........Respondents Judgment April 23, 2007. Result: The Rule is discharged. ...... 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......eported in: 59 DLR (2007) 601. ......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..Category: Others | Date: | Hits: 104
Integrated Services Ltd. Vs. Commissioner (Current Charges), Customs and others, 2007, 36 CLC (HCD)
....legal effect. The responÂdents 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 (hereÂinafter referred to as JVA), the petitioner......tatutory Original Jurisdiction) Present: Md. Abdur Rashid J Md. Miftah Uddin Choudhury J Integrated Services Ltd..............Petitioner Vs. Commissioner (Current Charges), Customs and others.....Respondents Judgment May 8, 2007. Lawyers involved: Akhter Imam with Zuba......97...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...... legislation is to prevent using, selling or trafficking in any way in counterfeit or forged notes. The offence as made under section 25A of the Special Powers Act, 1974 is no doubt of serious nature and may entail with death, or imprisonment for life depending on the gravity of the offence. As the ...... ..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......y J Mofidul Haque (Md)…………………..Appellant Vs. Bangladesh……………..Respondents Judgment December 12, 2006. Cases Referred To- Haque and Company Ltd. Vs. Messrs Western Soap Factory and others,43 DLR 304; Sunil, Kumar Das vs. Canon K......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..Category: Intellectual Property Law | Date: | Hits: 198
Jaban Ali and others Vs. Tazir Muhammad and others, 2007, 36 CLC (HCD)
....The defendant Nos. 3 and 48 contested the suit by filing separate written statement denying all the material allegations made in the plaint; that the defendant No. 3 claims that the suit land was the Government Khas land, thereby he along with others took settlement of the suit land; that the defend......same subject-matter, if not otherwise barred by any law. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 584. ......r information. Ed. This Case is also Reported in: 59 DLR (2007) 584. ......in: 59 DLR (2007) 584. ..Category: Property Law | Date: | Hits: 23
Namita Rani Biswas and others Vs. Rabindra Nath Majhi and others, 2007, 36 CLC (HCD)
....ing with the disputed one to find out whether the two agree with each other, and the prudent course is to obtain the opinion and assistance of an expert." Our Appellate Division in the case of Government of Bangladesh vs. AKM Saiful Alam and others, 9 MLR (AD) 201 = 56 DLR (AD) 41 took the si......dents Judgment August 8, 2007. Cases Referred To- Manorama vs. Shiva Sundari 24 CWN 480. Kali Das vs. lshan Chander 31 Cal 914 (PC); State vs. Pali Ram, AIR 1974 (SC) 14; Bangladesh vs. AKM Saifiil Alam 9 MLR (AD) 201 - 56 DLR (AD) 41; Anil Behari Ghose vs. Sint Latika B......Reported in: 59 DLR (2007) 579. ......h Court Division (Civil Appellate Jurisdiction) Present: SK Sinha J ATM Fazle Kabir J Namita Rani Biswas and others………………………..Appellants Vs. Rabindra Nath Majhi and others……………………..Respondents Judgment ..Category: Property Law | Date: | Hits: 68
AHM Moazzem Hossain Vs. State, 2006, 35 CLC (HCD)
....pearing for the petitioner, submits, that the entire proceeding, having been barred under the provision of the Act, 2005 (Act XI of 2005), the petitioner need not move the learned Session Judge. ...... petitioner and another one, under the aforesaid section of the Act, 2005 alleging that the advertisement published on 21-8-2005 in Financial Express paper to the effect that British American Tobacco Bangladesh Company and their slogan "Success and Responsibility go together", according to the compl......t Sharifuddin Chaklader J.- This Rule at the instance of the accused petitioner is directed for quashment of the proceedings of CR Case No. 2564 of 2005 filed under section 5(1)(Ga) of Smoking and Tobacco Consumption (Control) Act, 2005 shortly, the Act, 2005, pending in the Court of learned ...... (Criminal Revisional Jurisdiction) Present: Sharifuddin Chaklader J Sk Abdul Awal J AHM Moazzem Hossain……………………………Accused-Petitioner Vs. State…………………………..Opposite Party Judgment August 15, 200..Category: Health Law | Date: | Hits: 251
Aziz Hasan and others Vs. Bangladesh, 2007, 36 CLC (HCD)
....onohor Ali and others, 2003 BLD (AD) 51 = 8 BLC (AD) 87 = 8 MLR (AD) 113; Bangladesh and others vs. Mizanur Rahman, 52 DLR (AD) 149; Hannan vs. Collector of Customs, 40 DLR 273; Mustafizur Rahman vs. Government of BanglaÂdesh and 6 others51 DLR (AD) 40; Selim (Haji) vs. Collector of Customs, 54 DLR...... (Special Original Jurisdiction) Present: Md. Abdur Rashid J Md. Miftahuddin Choudhury J Aziz Hasan and others…………………….Petitioner Vs. Bangladesh represented by the Secretary, Ministry of FinÂance and others……...Respondents (in al......n: 59 DLR (2007) 563. ......t Division (Special Original Jurisdiction) Present: Md. Abdur Rashid J Md. Miftahuddin Choudhury J Aziz Hasan and others…………………….Petitioner Vs. Bangladesh represented by the Secretary, Ministry of FinÂance and others……...Respond..Category: Fiscal/Taxation Law | Date: | Hits: 64
Enamul Haq (Md) Vs. Jatiyo Bishwabiddalay and others, 2007, 36 CLC (HCD)
....lute. Cases Referred to- Dr. Md. Alamgir vs. Vice-Chancellor, BUET and others, 53 DLR 398; Dr Matiur Rob being dead his heirs Shamsun Nahar and others, 42 DLR (AD) 126; Azizuddin Industries vs. Government of Pakistan, 18 DLR 92; Chief Controller of Imports and Exports vs Hussain Ali Shah A. Fa......nder: Certificate/ Degree Board/ University Session Year Exam held Result Dakhil then equivalent to Class- VIII Bangladesh Madrashah Education Board 1981 1981 Second Division ......ourt Division (Special Original Jurisdiction) Present: SM Hossain J Quamrul Islam Siddiqui J Enamul Haq (Md)………………………...Petitioner Vs. Jatiyo Bishwabiddalay and others…………………….Respondents Judgment March 15, 2007. Result: The Rule......556. ..Category: Employment/Service Law | Date: | Hits: 65
Muhaiminul Hasan Khan Vs. Md. Nurul Islam Khan and others, 2001, 30 CLC (HCD)
....fresh and dispose of the original application for succession certificate in the light of above observations. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002)156.......e Judge at Dhaka for issue of a succession certificate in respect of Taka 2, 00,000 detailed in the schedules to the application left by his father, late Shahabuddin Ahmed Khan Squadron Leader of the Bangladesh Air Force. Said Shahabuddin Khan died on 16-8-90 in the Combined Military Hospital, Dhaka......Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J Muhaiminul Hasan Khan........................Petitioner Vs. Md. Nurul Islam Khan and others…………… Opposite Parties Judgment December 10, 2001. Case Referred To- ......)156...Category: Property Law | Date: | Hits: 36
Bura Yunus and others Vs. State, 2007, 36 CLC (HCD)
.... the charge under section 399 of the Penal Code. The appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 59 DLR (2007) 549.......oncocted case. Learned Advocate further submits that the evidence on record sufficiently supports probability of the defence version that PWs 5 and 14 have been using Doctor Kudarat-e-Khoda hostel of Bangladesh Leather Technology, as their abode for realising money and implicating innocent persons b......ase. Ed. This Case is also Reported in: 59 DLR (2007) 549.......59 DLR (2007) 549...Category: Criminal Law | Date: | Hits: 90
Shafique Ullah (Md) Vs. Chairman, Rupali Bank Ltd. and others, 2006, 35 CLC (HCD)
....charge he, as of right, cannot claim reinstatement in service. He adds that the finding of the Criminal Court acquitÂting the plaintiff is not binding upon the Civil Court. The plaintiff not being a Government serÂvant the rules of the Bangladesh Service Rules is not applicable in his case. ......nt in his service and the period of his absence in service might be treated as leave and he is entitled to get all arrear financial benefits of service. In this regard, he refers Rule No. 1972 of the Bangladesh Service Rules, part I. 6. Mr. Md. Golam Mostafa, the learned AdvoÂcate appearing ......on (Civil Revisional Jurisdiction) Present: AKM Fazlur Rahman J Shafique Ullah (Md)……………………………………………….Petitioner Vs. Chairman, Rupali Bank Ltd. and others…………………Opposite Parties Judgment August 2, 2006. Lawyers involved......Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: AKM Fazlur Rahman J Shafique Ullah (Md)……………………………………………….Petitioner Vs. Chairman, Rupali Bank Ltd. and others…………………Opposite Parties Judgment A..Category: Criminal Law | Date: | Hits: 29
Birendra Chandra Das Vs. Samir Ghosh and others, 2007, 36 CLC (HCD)
....along with the affidavit-in-opposition and supplementary affidavit. 9. As stated hereinbefore that the suit was brought mainly against the letter dated 25-6-02 of the Deputy Commissioner and other Government functionaries cancelling the licence for exhibiting cinema. 10. Only grievance as app......ssessed at Taka 5,000,00. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 545. ......unicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 545. ......in: 59 DLR (2007) 545. ..Category: Civil Law | Date: | Hits: 93
Mahmudur Rahman and another Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)
....d to have been made without lawful authority and is of no legal effect There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 540; 13 MLR (HCD) (2008) 353. ......Court High Court Division (Special Original Jurisdiction) Present: Tariq-ul-Hakim J Afzal Hossain Ahmed J Mahmudur Rahman and another……………………Petitioners Vs. Bangladesh Bank and others……………………….Respondents Judgment August 24, 2006. ......in: 59 DLR (2007) 540; 13 MLR (HCD) (2008) 353. ......upreme Court High Court Division (Special Original Jurisdiction) Present: Tariq-ul-Hakim J Afzal Hossain Ahmed J Mahmudur Rahman and another……………………Petitioners Vs. Bangladesh Bank and others……………………….Respondents Judgment August 24, 2..Category: Banking Law | Date: | Hits: 124
Category: Property Law | Date: | Hits: 73