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Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)

.... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ...... the solemn promise made by the appellant incurred huge expenditure and if the appellant is not held to its promise, the respondent would be put in a very disadvantageous position and, therefore, the principle of promissory estoppel can also be invoked in this case. …………(14 & 20) Case......t that the alternative remedy was not followed is not tenable because the alternative remedy given under section 194 is not an equally efficacious remedy be­cause it stipulated deposit of 50% of the amount of penalty of the duty demanded. As such it cannot be efficacious alternative remedy. Relianc..

Category: Fiscal/Taxation Law | Date: | Hits: 153

Commissioner of Tax­es, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)

....ed and the decisions of the courts below are af­firmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ......ed and the decisions of the courts below are af­firmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ......anning Commission; and (v) Members of the Law Committee. 2. In computing the total income, any sum exempted from tax under paragraph "(1) shall be included and the tax payable shall be an amount nearing to the total amount of the tax which would have been payable on the total income, h..

Category: Fiscal/Taxation Law | Date: | Hits: 111

Moslehuddin (Md) Vs. State, 1990, 19 CLC (AD)

....de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ......de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ......e appellant was falsely implicated in the case because of his trade un­ion activities, that he was made a scapegoat by the Bank officials in order to avoid their own misdeeds in misappropriating the amount and that the appel­lant was falsely identified in the dock by P.W 6, To­fazzal Hossain of T..

Category: Criminal Law | Date: | Hits: 52

Anwar Hossain Bhuiyan Vs. Shaikh Moslem Ali, 1990, 19 CLC (AD)

....t to this direction the appeal is disposed of and the impugned order of the High Court Division is modified accordingly. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 158. ......t to this direction the appeal is disposed of and the impugned order of the High Court Division is modified accordingly. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 158. ......ent Judgment January 7,1990. Result: The impugned order of the High Court Division is modifie. The Code of Civil Procedure, 1908 (V of 1908), Order XLI, rule 5 Out of the decretal amount Tk. One lac is to be paid to the respondent within two months and the respondent shall furnis..

Category: Civil Law | Date: | Hits: 117

Government of Bangladesh & ors. Vs. Md. Hasan Shahid & ors., 2006, 35 CLC (AD)

....intain status-quo in respect of appointment till disposal of the appeals. The petitioners are directed to make the appeals ready for expeditious hearing within 6 (six) months. Ed. ......s on the basis of requirement and the court has no jurisdiction to compel the Government to create post in the revenue budget by applying the legitimate expectation of the writ petitioners and the principle of promissory estoppel. 21. He thereafter submits that sometimes infrastructures a......intain status-quo in respect of appointment till disposal of the appeals. The petitioners are directed to make the appeals ready for expeditious hearing within 6 (six) months. Ed. ..

Category: Employment/Service Law | Date: | Hits: 56

Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)

....is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in:  61 DLR (AD) (2009) 133; ......is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in:  61 DLR (AD) (2009) 133; ......Chowdhury. There is no evidence on record that at the relevant time i.e. March 9, 1939 Tofazzal Hossain had any source of income of his own and out of which he had capacity of making payment of the amount about which the scribe of the Ext.1 deposed, it may also be mentioned it was the contention ..

Category: Property Law | Date: | Hits: 67

Alhaj Sona Ullah Vs. Aminur Rahman, Sec, Min. of Work, BD Secretariat, DHK & ors., 2005, 34 CLC (AD)

....sed on correct interpreta­tion of law and we do not find any cogent rea­son to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ......sed on correct interpreta­tion of law and we do not find any cogent rea­son to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ......portedly under section 93(A)(a) of the above Act was issued for acquisition of the said land for the aforesaid purpose but the above notice was not served upon the petition­er and a very small amount of money, on the basis of preliminary assessment, was paid to the petitioner which her recei..

Category: Property Law | Date: | Hits: 33

Shabbir Ahmed Chowdhury Vs. State, 2006, 35 CLC (AD)

....find any legal grounds of quash the proceeding and as such the impugned order does not suffer from any error. The petition is found to be without any substance and is thus dismissed. Ed. ......find any legal grounds of quash the proceeding and as such the impugned order does not suffer from any error. The petition is found to be without any substance and is thus dismissed. Ed. ...... which they were liable to pay a sum of TK. 11,57,430.70/- as income tax but they on the eve of releasing the goods paid a sum of TK. 1,47,2000/- as income tax thereby deprived the government of an amount of TK. 10,10,236.70/- and thus as a result of commis­sion of forgery and using the forg..

Category: Criminal Law | Date: | Hits: 57

BRDB and others Vs. Md. Idris Ali Akond and others, 1998, 27 CLC (AD)

....fication for making an order of remand as prayed for which will be a cere­mony too idle to be permitted. In the result, the appeal is allowed without any order as to cost. Ed. ......­lowing the Govt. Servants (Discipline & Appeal) Rules 1976 and without following the service Rules of B.R.D.B. is an unjust inquiry even though for arguments sake, it is accepted that the principles of natural justice were fol­lowed." He decreed the suit accordingly. The learne......own and publication in the official gazette. The plaintiff resorted to various malpractice and corruption for his personal gain in contraven­tion of official procedure. He misappropriated huge amount of money and also committed the offence of insubordination and miscon­duct for which spe..

Category: Employment/Service Law | Date: | Hits: 73

Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)

....ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ......ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ......of intent along with other relevant papers to the peti­tioners. The petitioners having been con­vinced on the effect of the issuance of the let­ter of intent by the Bangladesh Bank, paid fur­ther amount of Tk.4,85,00,000.00 (Taka four crore eighty five lac) to respondent No.3 for the shares and ..

Category: Banking Law | Date: | Hits: 185

Sekander Ali Howlader and others Vs. State, 1997, 26 CLC (AD)

.... their sentence is reduced to the period already undergone by each of them. The sentence of fine will remain. The accused-appellants may be released from their respective bail bonds. Ed. ...... their sentence is reduced to the period already undergone by each of them. The sentence of fine will remain. The accused-appellants may be released from their respective bail bonds. Ed. ......i Inspector IRDB, Barisal in their above capacity managed a fund of TK. 30,000/- From Chairman K.T.C.C.A. Ltd. Kotwali Upazila for distribu­tion amongst the farmers of the said Sanity. The said amount was issued by cheque Number 004688 dated 30.5.1981, deposited in account Number C.C. 56 Sona..

Category: Criminal Law | Date: | Hits: 44

S.M. Redwan Vs. Md. Rezaul Islam, 2004, 33 CLC (AD)

....counsel of the petitioner merit consid­eration. Leave is granted. Preparation of paper book is dispensed with as prayed for. The Petitioner is permitted to add addition­al grounds. Ed. ......counsel of the petitioner merit consid­eration. Leave is granted. Preparation of paper book is dispensed with as prayed for. The Petitioner is permitted to add addition­al grounds. Ed. ......advance of Tk. 10,00,000/- executed a Bainanama in favour of the peti­tioner and proforma respondent No. 4 on 21.9.1998 with an undertaking to execute the regular sale deed on receipt of the balance amount of the consideration money but subse­quently, after investigation, it was found that the afo..

Category: Criminal Law | Date: | Hits: 50

Bangladesh Shipping Corporation & others Vs. Mohammad Hossain & others, 2006, 35 CLC (AD)

.... committed error of law in making the Rule absolute and as such judgment of High Court Division requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ......to the post of the Deputy General Manager without considering the case of the writ peti­tioner, although he is senior to both of them, in violation of regulation No.6 (3) which incorporates the principle of seniority-cum-merit for promotion. The Writ Petitioner made representation and the Bo...... committed error of law in making the Rule absolute and as such judgment of High Court Division requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ..

Category: Employment/Service Law | Date: | Hits: 91

Mst. Jahanara Khatun Vs. Md. Nurul Islam, 2006, 35 CLC (AD)

....ereinabove the con­tentions, so made, in our view, are of no merit. In view of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed.......ereinabove the con­tentions, so made, in our view, are of no merit. In view of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed.......ur­chased the possession of the suit shop rooms on payment of Tk. 3,00,000/-. 11. The provision of section 10 of the Ain pro­hibits the practice of receiving any premium, salami, security or any amount similar or akin to the same for letting out any premises and renew­al of the tenancy or for ..

Category: Tenancy Law | Date: | Hits: 180

Mahabubul Goni Vs. State, 2005, 34 CLC (AD)

....ion made above we do not find that the High Court Division committed any error in the decision in discharging the rule. Hence the leave petition having no merit is dismissed. Ed. ......ion made above we do not find that the High Court Division committed any error in the decision in discharging the rule. Hence the leave petition having no merit is dismissed. Ed. ......accused petitioner was one of the directors of the company who acted as the Managing Director of the company since 1977 and during tenure of the office of the accused petitioner he showed the total amount of calls received as on 02.07.1995 as TK. 1,00,00,000/- (one crore) and that during audit by..

Category: Criminal Law | Date: | Hits: 29

Golden Re-Rolling Ind. Ltd Vs. Sub Judge, Artha Rin Adalat No. 1 Dhaka & anr, 2008, 37 CLC (AD)

....do not find any cogent reason to take a different view in the instant case. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 38. ......ection 151 of the Code of Civil Procedure was filed but the same was rejected on the ground of maintainability as noticed earlier. 6. The High Court Division held that it is an established principle of law that where an alternative remedy exists a party cannot have recourse to the inhere......hat the respondent No. 2 filed Title Suit No. 112 of 1997 against the writ petitioner for realisation of Taka 4,93,05,248.16 and for sale of the mortgaged properties for realisation of the decretal amount. The writ petitioner filed written statement denying the allegations made in the plaint. Th..

Category: Civil Law | Date: | Hits: 115

National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)

....eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ......eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ......en owners for leasing out the Balumohal and the said proposal was not accepted and the Ministry of Land also rejected the proposal of the Tea Garden owners for leasing out the Balumohal for a token amount and in the background of the aforestate of the matter the government invited tender for lea..

Category: Property Law | Date: | Hits: 43

Harun-or-Rashid (Md.) Vs. Pubali Bank Ltd. and others, 2008, 37 CLC (AD)

....accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ......accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ......civil revision and not writ petition was main­tainable against an interlocutory order passed by Artha Rin Adalat. 2. Respondent No. 1, Pubali Bank Limited, dis­bursed certain amount of loan to the appellant for construction of commercial building (Supermarket) in Chuadanga ..

Category: Banking Law | Date: | Hits: 157

State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)

....ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ......ized persons responsible for causing the incident. It is also on record that the relationship between the victim of the incident and the persons who have caused the incident is bittah. The recognized principle is that where there is enmity between the parties in the proceeding the Rule of prudence r......ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ..

Category: Criminal Law | Date: | Hits: 44

Md. Salahuddin Khan Vs. Most. Halima Akhter Khatoon and others, 2008, 37 CLC (AD)

....ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ......ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ......of being wasted in as much as 'Ka' schedule properties are mortgaged with Arab Bangladesh Bank and 'Kha' schedule properties are mortgaged with House Building Finance Corporation, both against huge amount of loan, and those loans have not yet been repaid and the defendants are also setting up new..

Category: Property Law | Date: | Hits: 36