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Eskayef Bangladesh Ltd. Vs. Commissioner of Taxes, 2004, 33 CLC (HCD)

....ly, the questions in both the reference applications are answered in the affirmative and in favour of the Department. No order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 531. ......Assistant Attorney-General—For the Respondent. Income Tax Reference Application Nos. 76 & 77 of 2000. Judgment MA Wahhab Miah J. - These two reference application have arisen out of an order dated 23-4-2000 passed by the Taxes Appellate Tribunal, Division Bench-1, Dhaka, in ITA No. 14......re answered in the affirmative and in favour of the Department. No order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 531. ...... 58 DLR (2006) 531. ..

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

Badrud Doza (alias Momin) (Md.) Vs. State, 2006, 35 CLC (HCD)

....sent BD House, Road No. 43, House No. 3, PS Gulshan, Dhaka be enlarged on bail subject to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 58 DLR (2006) 529.......man Bhuiyan J. - This Rule was issued by a Division Bench of this Court on an application filed by the petitioner made under section 498 of the Code of Criminal Procedure challenging the judgment and order dated 1-6-2006 passed by the learned Metropolitan Sessions Judge, Dhaka in Criminal Miscellane......lshan, Dhaka be enlarged on bail subject to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 58 DLR (2006) 529.......upreme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Mizanur Rahman Bhuiyan J Syed Refaat Ahmed J Badrud Doza (alias Momin) (Md.)……………Petitioner Vs. State ……………………………………………………….Opposite Party...

Category: Criminal Law | Date: | Hits: 64

Mofazzal Hossain alias Mofa and others Vs. State, 2004, 33 CLC (HCD)

....respective bail bonds. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 524. ...... SM Ziaul Karim J.- This Criminal appeal, at the instance of three accused-appellants namely, (1) Mofazzal Hossain @ Mofa, (2) Mozahar Ali (3) Sekandar @ Dulahar, is directed against the judgment and order dated 30-9-1991 passed by the learned Assistant Sessions Judge, Joypurhat in Sessions Case No.......rt's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 524. ......rmed with daggers forcibly entered into his house and caught hold of him. The dacoits tied up his hands, neck and mouth and felled him down. The dacoits also assaulted him with iron rod and demanded money and gold, he recognized 4 dacoits by the light of hurricane and torch light of the accused that..

Category: Criminal Law | Date: | Hits: 52

Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)

....t wants to and then, write out the judgment in the light of our observations made hereinbefore. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 392. ......ice at Dhaka. One Mr. IJ Choi was working as manager at Dhaka office of the seller. On 29‑6‑93 one Mr. DW Kim visited the office of Gemini and held discussion about the production planning of the orders. As the discussion could not be finished, he promised to come back on 3‑7‑93. When he did...... Division (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J S Rahman Miah J Korea Exchange Bank, Seoul, Korea……………Appellant Vs. Gemini Garments Limited and others………….Respondents Judgment April 13, 2004. ....... Mahmudul Islam, Advocate-As Amicus Curiae. First Appeal Nos. 303 of 2000, 352 of 2001 and 679 of 2001. Judgment Md. Abdur Rashid J.- We heard the above appeals together, one after another, and now dispose of them by this judgment. FA No. 303 of 2000 Third ..

Category: Business or Commercial Law | Date: | Hits: 289

AM Ziaul Hoque Vs. Government of the People's Republic of Bangladesh and others, 2004, 33 CLC (HCD)

.... this Court stands vacated. The application for vacating the order of stay is thus disposed of without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 389. ...... M R Hasan, Advocate-For Respondent Nos. 2‑4. Writ Petition No. 6403 of 2003. Judgment Shah Abu Nayeem Mominur Rahman J.- While considering the application for vacating the order of stay, it appeared to us that instead of disposing of the application for vacating the order...... the order of stay is thus disposed of without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 389. ......on) Present: SANM Rahman J Zubayer Rahman Chowdhury J AM Ziaul Hoque……………………………………………………………………………………..Petitioner Vs. Government of the People's Republic of Bangladesh and others………Responde..

Category: Employment/Service Law | Date: | Hits: 66

Md. Turan Miah and others Vs. Anguri Bibi and others, 2010, 39 CLC (HCD)

....the above, we find no sub­stance in the submissions of the learned Counsel for the appellants. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 100. ......Senior Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent Nos.1 -14. Not represented-Respondent Nos. 15-34. Civil Appeal No. 123 of 2007. (From the judgment and order dated the 24th day of May, 2006 passed by the High Court Division in Civil Revision No.2915 of...... the appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 100. ......of a Muktipotra if the said document is proved as a document regard­ing title and therefore, non-consideration of so on a document while passing the judgment by the High Court Division results in erroneous decision and the lower appellate Court in its judgment fully con­sidered the legal effect of..

Category: Property Law | Date: | Hits: 74

Md. Nasrullah Chowdhury Vs. Mohammad Nurul Islam and others, 2010, 39 CLC (AD)

....z, Anwar Hafiz, Iqbal Hafiz, Ali Hafiz, Ehsan Hafiz, Mahbub Hafiz and 2 daugh­ters Kaniz Rashul and Sayeeda Shamsi and as heirs of the deceased owned and possessed the suit land. The R.S. record was published in the name of the plaintiff but during devastating cyclone of the year 1998 their field p......r Advocate instructed by Haridas Paul, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-24. Civil Petition for Leave to Appeal No. 53 of 2010. (From the judgment and order dated 26.08.2009 passed by the High Court Division in Civil Revision No. 189 of 2006.) Judg......rdingly the petition is disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 91....... Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Nasrullah Chowdhury…………………..............Petitioner Vs. Mohammad Nurul Islam and others……………….Respondents Judgment June 6, ..

Category: Property Law | Date: | Hits: 65

Shrimp and Fish Processing Plant Ltd and another Vs. Bangladesh Bank, Dhaka and others, 2006, 35 CLC (HCD)

....eputy Director of the Credit Information Bureau of respondent No. 1 Bangladesh Bank which provides Credit Information and status of borrowers under Article 42 of President's Order No. 127 of 1972 and publishes such information regularly. The respondent No. 3 National Bank Limited is a schedule Bank.......ference No. CIB 3(7)/2002-13935 dated 4-11-2002 (reproduced in paragraph 7) should not be declared to have been made without lawful authority and to be of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner is a private l......er as to costs and the order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 58 DLR (2006) 517. ......6) 517. ..

Category: Business or Commercial Law | Date: | Hits: 251

Dr. Md. Abu Obaidah Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)

.... the learned Advocate for the applicant. Thus, question Nos. (iii) and (iv) are also decided in the affirmative in favour of the Department. Ed. This Case is also Reported in : 58 DLR (2006) 515.......ence Application No. 118 of 2002. Judgment Zinat Ara J. - This reference application under section 160(1) of the Income Tax Ordinance, 1984 at the instance of the assessee has arisen out of the order dated 2-6-1998 passed by the Taxes Appellate Tribunal, Dhaka in Income Tax Appeal No. 2101 of ......e in favour of the Department. Ed. This Case is also Reported in : 58 DLR (2006) 515.......me Court High Court Division (Special Statutory Jurisdiction) Present: MA Wahhab Mian J Zinat Ara J Dr. Md. Abu Obaidah……………………………..Applicant Vs. Commissioner of Taxes ……………………….Respondent. Judgment April 26, 2005. Lawyers Invo..

Category: Fiscal/Taxation Law | Date: | Hits: 91

Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....d 24-9-2000. Thereafter, on 30-9-2000 the vessel was handed over to the Marine Fisheries Department by the Bangladesh Navy as nobody claimed the vessel. Accordingly, tender for sale of the vessel was published on 31-10-2000 in three daily newspapers and thereafter the tender for the sale of the vess......Respondents. Writ Petition No. 437 of 2001. Judgment Md. Muzammel Hossain J. - This Rule was issued at the instance of the petitioner calling upon the respondents to show cause as to why the order dated 6-12-2000 passed by the Metropolitan Magistrate, Chittagong in Patenga PS Case No. 10 da......e of no legal effect. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 58 DLR (2006) 503. ......me Court High Court Division (Special Original Jurisdiction) Present: MM Hossain J Zubayer Rahman Chowdhury J Huang Chia Hsiang………………………………………….Petitioner Vs. Government of Bangladesh and others………….Respondents. Judgment December ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 221

Abul Khair and others Vs. State, 2006, 35 CLC (HCD)

....he date of receipt of this judgment and order by the trial Court. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 500, 26 BLD (HCD) (2006) 467. ......Sharifullah and Abdul Awal respectively. 2. All these four appeals are taken up together for hearing and disposed of by this common judgment as all of them have arisen out of the same judgment and order of conviction and sentence dated 6-5-2002 passed by the learned Divisional Special Judge, Chit......by the trial Court. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 500, 26 BLD (HCD) (2006) 467. ......1985 without entering the same in the ledger book and misappropriated an amount of Taka 30,85,000 only. It is also alleged that the aforesaid cheques were not posted in the ledger book but it is mentioned in the payment register, scroll register and daily accounts register. Moreover, the accused ban..

Category: Criminal Law | Date: | Hits: 53

Shawkat Ali (Md.) and others Vs. Divisional Forest Officer and others, 2006, 35 CLC (HCD)

....ng, inter alia, that the writ petition is not maintainable as the Saw-Mills (Licence) Rules, 1998 have been framed in exercise of the powers conferred by section 41 of the Forest Act, 1927 and it was published in the Bangladesh Gazette in accordance with law. It is a fact that the petitioner applied......sued in Writ Petition Nos. 1605, 1606, 1682, 1683,1690, 1763, 1950, 1949, 1950, 1949, 1346, 1181, 1182, 1183, 1319, 1347 and 1348 of 2000 calling upon the respondents to show cause as to why impugned orders shall not be declared to have been made without lawful authority and to be of no legal effect......and vacated. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 58 DLR (2006) 487. ......2006) 487. ..

Category: Environmental Law | Date: | Hits: 551

Ashique Jeans Apparels Ltd and another Vs. National Board of Revenue and another, 2005, 34 CLC (HCD)

.... section 46 is to encourage more new undertakings to be established. However, there will be no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 478, 26 BLD (HCD) (2006) 324. ......ule Nisi was issued upon the respondents to show cause as to why Memos being file No. 11 (302) Anu; 1/2000/2563 dated 21-12- 2000 (Annexure-A) (wrongly stated in the prayer as well as in Rule issuing order as file No. 11 (302) Anu; 1/2000/2653), File No.11(302) Anu: 1/2000/571 dated 4-4-2001 (Annexu......e established. However, there will be no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 478, 26 BLD (HCD) (2006) 324. ...... 324. ..

Category: Fiscal/Taxation Law | Date: | Hits: 93

Abdur Rahim Chowkider @ Abdur Rahman Sheikh Vs. Raji Haider and others, 2006, 35 CLC (HCD)

.... decree affirming those of trial Court decreeing the suit are hereby set aside and the suit is dismissed. Send down the record at once. Ed. This Case is also Reported in: 58 DLR (2006) 470. ......d of rights and got a decree on 28-10-1957. On the basis of the decree, Hashem Ali made an application being Miscellaneous Case No. 4222/60-61 under section 54 for correction of the record and got an order on 28-3-1961. Then, the record was finally corrected in Mutation Case No. 9P/87-88 and the sui...... is also Reported in: 58 DLR (2006) 470. ......0. ..

Category: Property Law | Date: | Hits: 79

Abu Musa Kutub (Md.) Vs. Secretary, Election Commission and others, 2005, 34 CLC (HCD)

.... is discharged. The interim order passed at the time of issuance of the Rule, is herby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 450. ...... Kutubdia, Cox's Bazar in violation of section 7(1) (b) of the Union Parishad Ordinance, 1983 (LI of 1983) should not be declared illegal and without any lawful authority and/or such other or further order or orders passed as to this Court may seem lit and proper. 2. The facts leading to the issu......f issuance of the Rule, is herby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 450. ......Court High Court Division (Special Original Jurisdiction) Present: SM Hossain J Quamrul Islam Siddiqui J Abu Musa Kutub (Md.) …………………………………………..Petitioner Vs. Secretary, Election Commission and others ……….Respondents. Judgment July ..

Category: Election Law | Date: | Hits: 87

Bangladesh Paribesh Andolan and another Vs. Bangladesh, represented by the Secretary, Ministry of Works and others, 2004, 33 CLC (HCD)

....ral marvel worthy of study by scholars. He pointed out that our National Assembly Building features on the cover page of the text book titled "A History of Architecture" authored by Spiro Kostof and published by Oxford University Press. He referred to the journals where analysts have concluded that......where the government is acting in the public interest. He added that again, it is to be seen whether the construction is creating any congestion in the area or materially affecting the environment in order to determine whether any right of the public is infringed. 15. With regard to the legality ......spondents to take necessary steps in the light of our judgment, in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 441.......(2006) 441...

Category: Environmental Law | Date: | Hits: 484

Wally Ahmed alias Babi Vs. State, 2005, 34 CLC (HCD)

....d from the bail bond. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 58 DLR (2006) 433; 13 MLR (HCD) (2008) 375. ...... the Respondent-State. Criminal Appeal No. 1918 of 1994. Judgment SM Ziaul Karim J. - By this appeal convict appellant Wally Ahmed alias Babi has challenged the propriety of the judgment and order dated 19-9-1994 passed by the learned Additional Sessions Judge, 3rd Court, Dhaka in Session C......Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 58 DLR (2006) 433; 13 MLR (HCD) (2008) 375. ......92 convicting the appellant under section 302 of the Penal Code and sentencing him to suffer imprisonment for life and also to pay a fine of Taka 10,000 in default to suffer rigorous imprisonment for one year more. 2. The prosecution case as projected in the First Information Report and unfurled ..

Category: Criminal Law | Date: | Hits: 70

Nazrul Islam (Md.) and another Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....ent that the petitioners can still vindicate their grievance through arbitration as contained in the contract. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 431.......402 of 2004. Judgment Syed Mahmud Hossain J. - In this application under Article 102 of the Constitution a Rule Nisi was issued calling upon the respondents is show cause as to why the impugned order under letter পউএ/ প্রকৌঃ/ খামার/ ২০০৪/ ২৪(১) ১৫......evance through arbitration as contained in the contract. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 431.......on (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Nazrul Islam (Md.) and another………………………………………………….Petitioners Vs. Government of Bangladesh and others……………………………………..Respo..

Category: Business or Commercial Law | Date: | Hits: 186

Solaman Vs. State, 2005, 34 CLC (HCD)

..... 236 of 1999 is hereby set aside. The accused-petitioner be set at liberty if not wanted in any other case. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 429. ...... Criminal Miscellaneous Case No. 9665 of 2003. Judgment Mir Hashmat Ali J. - This Rule was issued calling upon the Deputy Commissioner Khulna to show cause as to why the impugned judgment and order dated 19-11 2000 passed by the learned Special Tribunal Judge Court No. 8 Khulna in Special Tr......-petitioner be set at liberty if not wanted in any other case. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 429. ...... ..

Category: Criminal Law | Date: | Hits: 53

Sk Md. Tariqul Alam and another Vs. ATM Matiul Islam, 2006, 35 CLC (HCD)

....lt, the Rule is made absolute without any order as to cost and the delay of 285 days in filing the revisional application is hereby condoned. Ed. This Case is also Reported in: 58 DLR (2006) 425.......tisfies the Court that he had sufficient cause for not preferring the appeal or making the application within such period. Explanation—The fact that the appellant or applicant was misled by any order, practice or judgment of the High Court Division in ascertaining or computing the prescribed p...... is hereby condoned. Ed. This Case is also Reported in: 58 DLR (2006) 425.......R (2006) 425...

Category: Procedural Law | Date: | Hits: 116