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....peal to the Senior Appellate Joint Commissioner of Taxes Range-A, East Zone, Dhaka which was registered as ITA No.138/89-90 IC-3. The learned Senior Appellate Joint Commissioner of Taxes by his order dated 28-7-90 allowed the appeal in part and deleted the addition of Taka 2,80,000.00 which was rece......unserved but did not consider the material piece of evidence that is, the certified copy of statements of account of the donor and the affidavit sworn by the donor acknowledging the gift and thus the decision of the Deputy Commissioner of Taxes and that of the Taxes Appellate Tribunal are against th..
Category: Fiscal/Taxation Law | Date: | Hits: 81
Eman Ali Mallik Vs. State, 2000, 29 CLC (HCD)
....In both the appeals) Criminal Appeal No. 1000 of 1995 with Criminal Appeal No. 729 of 1995. Judgment Gour Gopal Saha J.- These two appeals are directed against the judgment and order dated 24-4-95 passed by the Special Judge, Court No. 2, Rajbari in Special Case No.13 of 1994, convi...... case within six months from the date of receipt of the case records from this Court. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 335...Category: Criminal Law | Date: | Hits: 43
Jamal Uddin alias Md. Jamal Uddin Vs. State, 2000, 29 CLC (HCD)
....tioner. FKM Ahsan Mahbub, Assistant Attorney-General—For the State. Criminal Revision No. 647 of 1993. Judgment Gour Gopal Saha J .- This Rule is directed against the judgment and order dated 27-2-93 passed by the Sessions Judge, Gazipur, in Criminal Appeal No.14 of 1986, affirming the......e immediate steps for securing his arrest to serve out the sentence imposed upon him. Send down the Lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 330...Category: Criminal Law | Date: | Hits: 37
A Jabber Howlader Vs. Ali Akbar Howlader and State, 1999, 28 CLC (HCD)
....ented — the Accused-Respondent. Criminal Appeal No.1128 of 1994. Judgment Md. Hassan Ameen J.- This criminal appeal, at the instance of complainant-appellant, is directed against the order dated 19-5-94, passed by Mr. Abul Kasem, Assistant Commissioner and Magistrate, 1st Class, Jhalakati......end down the LC Records along with a copy of this judgment to the District Magistrate, Jhalakati, for disposal of this case as per law. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 329...Category: Criminal Law | Date: | Hits: 63
Babar Hossain Vs. State, 2000, 29 CLC (HCD)
....tioner. FKM Ahsan Mahbub, Assistant Attorney General—For the State. Criminal Revision No. 1372 of 1992. Judgment Gour Gopal Saha J.- This Rule is directed against the Judgment and order dated 2-6-92 passed by the 4th Court of Additional Sessions Judge, Comilla in Criminal Appeal No.114......ommit any illegality in finding accused petitioner Hossain guilty under section 304B of the Penal Code, whose guilt has been proved beyond all reasonable doubts, I find no scope to interfere with the decision of the learned Courts blow exercising revisional power under section 439 of the Code of Cri..Category: Criminal Law | Date: | Hits: 58
Shawn Apparels Ltd. Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
.... No. 2692 of 1998. Judgment Syed Amirul Islam J.- This Rule was issued calling upon the respondents to show cause as to why the impugned order vide Nothi No. 5-Cus (2116) Import ICD Group-I/97, dated 14-7.93 Annexure ‘I’ to the petition seizing fabrics of the petitioner as contained in con......that the order is wholly without jurisdiction and, as such, the respondents are bound to obey the orders earlier passed by the respondent Nos.1 and 2 and in support of his contention he relies on the decision reported in 1966 PLD (SC) 724 and submits that an earnest endeavour must be made by the cou..Category: Fiscal/Taxation Law | Date: | Hits: 83
....f the Bangladesh Biman Corporation their designation being Flight Stewardess. In the aforementioned two writ petitions there are 18 petitioners, who all joined Bangladesh Biman Corporation on various dates between the 23rd April, 1993 and 2 August, 1993. The contract of employment for each of the pe...... of presenting the petition and represents the permanent strength of employees in the said category.
5. The petitioners alleged that on successful completion of 3 years as required under the Board decision dated 8-5-93 they were not absorbed as permanent employees. Admittedly they completed 5 yea..
Category: Employment/Service Law | Date: | Hits: 113
....ling upon the respondents on the application together with supplementary affidavit to show cause as to why the impugned order contained in Memo No. prosi/Bibha Zio 97, Mamla 214 (Head Office) 724-726 dated 19-11-97 issued by the respondent No.3 (Annexure-H) to the supplementary affidavit should not ......াদের বিরুদ্ধে অদক্ষতার দায়ে ব্যবস্থা গ্রহন করা যাইবে”।
7. In the instant cause, admittedly there is no decision taken by the respondent BJMC within the time allowed. In fact, the show cause notice dated ..
Category: Employment/Service Law | Date: | Hits: 87
....appear to press the Rule, in the exercise of supervisory power under section 115 of the Code, I propose to dispose of the Rule on merit.
2. The subject matter of challenge in this Rule is an order dated February 17, 1999 recorded by the learned Additional Assistant Judge, Court No. 4, Dhaka in Ti......ly and judiciously methodized by analogy and disciplined by system. In complete agreement with the reasons and conclusion reached by the learned Assistant Judge, I am of this considered view that the decision rendered and discretion exercised by the learned Judge warrant no interference by this Cour..
Category: Property Law | Date: | Hits: 68
Maksuda Akhter Vs. Md. Serajul Islam, 1999, 28 CLC (HCD)
....or the Opposite Parties. Civil Revision No. 4890 of 1998. Judgment Abu Sayeed Ahammed J. - This Revision at the instances of the plaintiff Masuda Akhter (Nevy) against the judgment and order dated 16-11-98 passed in Family Execution Case No. 3 of 1998 by the 4th Court of the Additional Assi......ted in payment of the money of the balance instalment, then again the decree holder came before the Magistrate, who then again passed order remanding the judgment debtor to custody. In Para 9 of that decision, his Lordship has held as under: “In the instant case, the Magistrate was competent to..Category: Family Law | Date: | Hits: 162
....Commerce is to have a trade licence and to be an income-tax payee. Upon the retirement of one-third members of the Board of Directors the Chamber of Commerce announced an election schedule fixing the date of election as on 20-12-98.
6. Thereafter, about 500 plaintiffs filed Other Suit No. 114 of ......ower to inspect the office of the trade organisation, attend any general meeting, or of the Executive Committee meeting, supervise the holding of election, cancel, suspend or modify any resolution or decision taken by the General Meeting or the Executive Committee, remove any member of the Executive..
Category: Company Law | Date: | Hits: 198
Jalal Uddin Ahmed (Md.) and others Vs. Delwar Hossain and others, 1999, 28 CLC (HCD)
....19 of 1992 were filed in time and making necessary deposits in time. The trial Court after hearing the pre-emption cases analogously allowed the pre-emption cases on contest by the judgment and order dated 11-8-92. 3. The pre-emptee took the Miscellaneous Appeals 200 and 201 of 1992 against the j......arties who were non-contesting the pre-emption cases will not abate and the appeals are maintainable and shall proceed. 7. Mr. Md. Nurul Hoq, the learned Counsel for the opposite parties cites the decision in the case of Matilal Sikdek Vs. Benodini Dashi and others, reported in 28 DLR (AD) 5 wher..Category: Property Law | Date: | Hits: 58
Monowara Begum Vs. Atiqullah, 1999, 28 CLC (HCD)
....er the opposite party No. 1 filed an application for restoration of the suit after setting aside the ex parte decree in Miscellaneous Case No. 66 of 1994 which was dismissed by the judgment and order dated 28-10-96 and then the petitioner started Execution Case No. 16 of 1995. 3. The opposite par......ated by the Appellate Division in the case of Md. Atiqullah Vs. Mrs. Sanawara Begum and others, reported in 1996 BLD (AD) 260, the learned Subordinate Judge committed an error of law resulting in his decision occasioning serious failure of justice in passing the impugned order. He further submits th..Category: Property Law | Date: | Hits: 57
Abul Kalam Mollah Vs. State, 1999, 28 CLC (HCD)
....dent. Criminal Appeal No. 1067 of 1991. Judgment Md. Hassan Ameen J. - This Criminal appeal, at the instance of accused appellant Abul Kalam Molla, is directed against the judgment and order dated 6-6-91 passed by the learned Sessions Judge, Faridpur, convicting the accused-appellant under ......als available on record with reference to the impugned judgment and submits that it is a case of no evidence and that the learned Sessions Judge failed to sift the evidence on record and arrived at a decision on guess and surmise. He, incidentally, submits that the confessional statement so recorded..Category: Criminal Law | Date: | Hits: 32
Mostafa Aminur Rashid Vs. State, 1999, 28 CLC (HCD)
....sposed of by this Bench on 2-2-99. Against that the Criminal Petition for Leave to Appeal No. 76 of 1991 was moved before the Appellate Division but the same was dismissed as not pressed by its order dated 20-5-99. The order of the Appellate Division is in the following terms: “Mr. Abdul Mal......is grievance and that scope is very much open. However, we confine ourselves only on the question of maintainability of the present application for review or re-hearing of the case, in para 7 of that decision the observations of several Higher Courts on this point have been discussed and it is as fo..Category: Criminal Law | Date: | Hits: 55
Mostafa Aminur Rashid Vs. State, 1999, 28 CLC (HCD)
....sposed of by this Bench on 2-2-99. Against that the Criminal Petition for Leave to Appeal No. 76 of 1991 was moved before the Appellate Division but the same was dismissed as not pressed by its order dated 20-5-99. The order of the Appellate Division is in the following terms: “Mr. Abdul Mal......is grievance and that scope is very much open. However, we confine ourselves only on the question of maintainability of the present application for review or re-hearing of the case, in para 7 of that decision the observations of several Higher Courts on this point have been discussed and it is as fo..Category: Criminal Law | Date: | Hits: 52
Khurshid Alam Vs. Securities and Exchange Commission and others, 1999, 28 CLC (HCD)
.... Kazi Ebadul Hoque J. - This Rule was issued at the instance of the petitioner Khurshid Alam, Proprietor of Khurshid Alam and Co. calling upon the respondents to show cause as to why impugned letter dated 6-7-98 issued by the respondent No. 2 (Annexure B) shall not be declared to have been made wit......িধান মালা। Sections 94 and 165 of the Code of Criminal Procedure, Section 6 of the Bankers Books of Evidence Act 1891, sections 116 and 117 of the Income Tax Ordinance 1984 and the decision of the Court of Appeal reported in (1924) 1KB 461 submitted that respondents cannot compel ..Category: Banking Law | Date: | Hits: 196
Matiur Rahman (Md.) Vs. Dhaka Stock Exchange Ltd. and another, 1999, 28 CLC (HCD)
....died on 4-1-87 i.e. long after 6 years of the said transfer but the recording of the said transfer in the register of members remained pending. After several verbal requests, the petitioner by letter dated 5-9-93 requested Dhaka Stock Exchange Limited to finalise the share transfer matter. Suddenly ......end to the transferee and the transferor notice of its refusal. But he contends Dhaka Stock Exchange Limited has kept the matter of transfer pending since 1981 without informing the petitioner of its decision. 9. Dr. Ali argues respondent No. 1’s failure to notify the transferee, the notice of ..Category: Company Law | Date: | Hits: 194
Altaf Hossain (Md.) Vs. Md. Abdul Rahim and others, 1998, 27 CLC (HCD)
....th Md. Khurshid Alam Khan and Deb Das Somaddar, Advocates — For the Opposite Parties. Civil Revision No. 4088 of 1997. Judgment Gour Gopal Saha J. - This Rule is directed against the order dated 18-9-97 passed by the learned Assistant Judge, Uzirpur, Barisal in Title Suit No. 52 of 1997 r...... proposition of law that when an action suffers from want of cause of action the suit should be rejected but the facts of the present case disclose distinct cause of action and consequently, he cited decision which is of no assistance to the petitioner. 9. Section 13(2) (Uma) of the Regulations p..Category: Procedural Law | Date: | Hits: 83
Sajeda Begum Vs. Member, Bhumi Appeal Board and others, 1997, 26 CLC (HCD)
....Mainur Reza Chowdhury J. - This writ petition before us is filed by the petitioner Sajeda Begum at whose instance a Rule Nisi was issued calling upon the respondents to show cause as to why the order dated 15-12-94 (Annexure-F) passed by the respondent No. 1 and the order dated 9-1-86 (Annexure-C) p......pearing for the petitioner in support of the claim says that the application in the instant case was not maintainable under section 53 of the Public Demands Recovery Act and has referred to and cited decision in the case of Monirunnahar Begum Vs. Shahed Ali reported in 1 BCR (1981) 43. In the said c..Category: Property Law | Date: | Hits: 107
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