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Manirul Huda Vs. National Board of Revenue, represented by its Chairman, Segunbagicha, Ramna, Dhaka and others, 2010, 39 CLC (HCD)

....an, Mrs. Mahfuza Begum, Assistant Attorney-Generals - For respondent No.3. Writ Petition No.1868 of 2010. (An application under Article, 102(1) and (2)(a)(i) of the Constitution of the People's Republic of Bangladesh.) Judgment Md. Ashfaqul Islam J.- At the instance of the petitioner Ma...... of "Universal Self Assessment" return for audit. The purpose of audit is to keep a deterrent on declaration of incorrect income in the return. This audit is made in all countries including India and Pakistan. Only a few of those returns are selected. In the financial year 2008-09 out of a total num..

Category: Fiscal/Taxation Law | Date: | Hits: 227

AKM Mozammel Huq Vs. Chancellor of the National University, represented by the Secretary, Ministry of Education, Bangladesh Secretariat, Dhaka and others, 2011, 40 CLC (HCD)

....ofessor Aftab Ahmed, in indulging upon wholesale appointment with ulterior and ill motive thereby putting topsy turvy, the institution which impart educations to the highest number of students in the Republic. Dr. Kamal Hossain submitted that unusual haste was applied in appointing a number of teach......est otherwise. 37. This Division’s jurisdiction as to review it’s own judgment has been comprehensively and meticulously laid down by our Appellate Division, the Supreme Court’s of India and Pakistan in a myriad of cases. The ratio decidendi in all these cases throw illuminated becon to gui..

Category: Administrative Law | Date: | Hits: 371

Abul Hashim (Md.) Vs. Election Commission of Bangladesh, 1995, 24 CLC (HCD)

....tioner. Not Represented ‑For the Opposite Parties. Writ Petition No.1157 of 1995. Judgment A M Mahmudur Rahman J.- By this petition under Article 102 of the Constitution of the People's Republic of Bangladesh the petitioner challenges the order of the delimitation of constituency passe......ight of the petitioner also. There is no merit in the writ petition. Accordingly, the petition is rejected summarily. No cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 490. ..

Category: Election Law | Date: | Hits: 271

Abul Basher Chowdhury Vs. Mehar Khatun, 1982, 11 CLC (HCD)

....ppellate Court below calls for any inter­ference in revision. In the result the rule is discharged with­out any order as to costs. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 6. ......d no jurisdic­tion in the case. Upon review of the said order the Guardian Judge assumed jurisdic­tion in the case. It fell for determination before a learned Single Judge of the High Court of West Pakistan (Lahore Bench) as to whether the order passed under the Guardians and Wards Act can be revi..

Category: Procedural Law | Date: | Hits: 119

Shahryar Murshed and others Vs. Principal, Chittagong Medical College and others, 1994, 23 CLC (HCD)

.... any lawful authority and, as such, is of no legal effect. The Rules are accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 482. ......dical College and others.....................Respondent Judgment May 17, 1994. Result: The Rules are accordingly made absolute. Cases Referred to- Farid Sons Ltd. Vs. Government of Pakistan, 13 DLR (SC) 233; Zakir Ahmed Vs. University of Dacca through its Vice-Chancellor, the Reg..

Category: Others | Date: | Hits: 168

Ayezuddin Sheikh & others Vs. Abdul Karim Sheikh & others, 1989, 18 CLC (HCD)

....oncerned. In the facts and circumstance of the case, there will be no order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 154. ......he first in­stance. Their Lordships set aside the order of dismis­sal of the suit and remanded the suit for allowing the plaintiff to make good the deficiency in the Court fee. The Supreme Court of Pakistan then in appeal dismissed the leave petition and upheld the judgment of the High Court. 1..

Category: Procedural Law | Date: | Hits: 174

Abdus Sukur Mia Vs. State, 1994, 23 CLC (HCD)

....modification of sentence. Cases Referred to- Firoza Begum Vs. Harmuz Ali and another, 40 DLR 161; Nurul Islam & others Vs. State, 40 DLR 122; Nurul Islam Vs. State, 27 DLR 671; The People's Republic of Bangladesh Vs. Md. Shafiqul Islam alias Rafique and another, 43 DLR (AD) 92. Lawyers ......gly ordered. The appeal is thus dismissed with the above modification of sentence only. Send down the records of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 228. ..

Category: Criminal Law | Date: | Hits: 135

Sheikh Hasina Vs. State & another, 2010, 39 CLC (HCD)

.... the Evidence Act and start with the presumption of regularity in the official business. It is submitted that the presumption is of much greater weight when the action of the highest executive of the Republic." 15. On our proper scrutiny of charge sheet some more curious thing has been detected. ......of Tejgaon PS Case No.34(8) 2002, now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 26. ..

Category: Criminal Law | Date: | Hits: 106

Rajshahi Girls' High School, Rajshahi and others Vs. Md. Abdul Mannan, 1995, 24 CLC (HCD)

....opposite party No.1 has failed to prove his case on merits and, as such, the suit is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 472. ...... and relied on by Mr. Samad. Mr. Samad referred to the case of Muhammad Naseem Ahmed and others Vs. Miss Ayan Feroz Bakht & 58 others reported in 20 DLR (SC) 79. In this case the Supreme Court of Pakistan considered the position of probationers regarding confirmation in the service. In that case..

Category: Employment/Service Law | Date: | Hits: 166

People's Republic of Bangla­desh Vs. Chairman, Court of Settlement of Bangladesh and another, 1995, 24 CLC (HCD)

.... This Case is also Reported in: 48 DLR (HCD) (1996) 502. ......n we need not embark on discussion on merit. In the result, this petition is rejected on the ground of inordinate delay. No costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 502. ..

Category: Limitation Law | Date: | Hits: 230

Assistant General Manager, Rupali Bank, Barisal & others Vs. Nazrul Islam Miah, 1986, 15 CLC (HCD)

....erfere with the impugned Judgment and decree of the Courts below. Accordingly, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 167. ...... Hannan Sikder and others Vs. Bangla­desh Bank & others, 31 DLR (AD) 298; Bangladesh Freedom Figh­ters Welfare Trust Vs. Burhanuddin Chowdhury, 33 DLR (AD) 321; Farzand Ali Vs. Province of West Pakistan, 22 DLR (AD) 203; Deputy Managing Director, National Bank of Pakistan and ethers Vs. Kazi F..

Category: Labour and Industrial Law | Date: | Hits: 186

Elahi Bux Vs. State, 1986, 15 CLC (HCD)

....e rendered by him to this Court. This application is, therefore, summarily rejected. Bimalendu Bikash Roy Choudhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 164. ......er provisions including section 5 of the Limitation Act are not applicable unless those are made specifically applicable by the special law. This view finds support from a number of decisions of Indo-Pakistan Sub-continent. In the case of Syed Mahmud Alam Vs. Syed Mehdi Hussain and 2 others, PLD 197..

Category: Limitation Law | Date: | Hits: 222

State Vs. Tajul Islam and 8 others, 1992, 21 CLC (HCD)

.... a copy of this Judgment be forwarded to the learned Additional Sessions Judge Brahmanbaria, for action in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 305. ......hankaria Vs. State of Rajasthan, AIR 1978 (SC) 1248; Purnananda Das Gupta Vs. Emperor, AIR 1939 Calcutta 65; Ranakarlappa Vs. Emperor, AIR 1929 (Bombay) 327; Mohammad Rainzan Vs. State, PLD 1957 West Pakistan (Lahore) 956; Ismail Vs. Emperor, AIR 1946 (Sind) 43; Moqbul Hossain Vs. State, 12 DLR (SC)..

Category: Criminal Law | Date: | Hits: 139

Dhaka Chamber of Commerce and In­dustry Vs. Secretary, Ministry of Works of the Govt. of the People's Republic of Bangla­desh and others, 1986, 15 CLC (HCD)

....nt: Sultan Hossain Khan J Anwarul Haque Chowdhury J Dhaka Chamber of Commerce and In­dustry………………Petitioner Vs. Secretary, Ministry of Works of the Govt. of the People's Republic of Bangla­desh and others………………………………………………Respondent ......s rule is discharged with­out any order as to cost. The stay granted earlier is hereby vacated. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 145. ..

Category: Civil Law | Date: | Hits: 162

Elahi Baksh Vs. State and others, 1986, 15 CLC (HCD)

....ed not be quashed. For the reasons stated above the Rule is discharged. Send down the records at once. SF Ahmed J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 137. ...... Rule is discharged. Cases Referred to- Nur Mohammad Mondal Vs. Md. Abul Hossain and another 28 DLR 389; Alauddin Vs. The State, 20 DLR (Dhaka): page 591; Abdul Majid Vs. Munsuf Ali and others, Pakistan Criminal Law Journal, 1969, pages 692. Lawyers Involved: Abdul Baset Mujumder, Advoca..

Category: Criminal Law | Date: | Hits: 168

Abul Hussain Md. alias Abul Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and Others, 1991, 20 CLC (HCD)

....py of this order be sent to the respondent No.2, Deputy and Respondent No.4, Officer-in-charge, Mirpur, PS, Dhaka for information. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 521.......py of this order be sent to the respondent No.2, Deputy and Respondent No.4, Officer-in-charge, Mirpur, PS, Dhaka for information. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 521...

Category: Criminal Law | Date: | Hits: 105

Anwar Ali (Md) Vs. Chairman, Rajdhani Unna­yan Kartipakha (RAJUK) & others, 1991, 20 CLC (HCD)

....uthority. In the result, the Rule is discharged but without any order as to costs. The stay order passed by this court is vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 515. ......lding Construction Act, 1952. The petitioner paid rent regularly for the premises to the owners. The lands of the premises along with the other lands were acquired by the Government of erstwhile East Pakistan for the purpose of development of Dolaikhal area and the people of the locality and the pet..

Category: Property Law | Date: | Hits: 92

Duree Shahwar Begum Vs. Ali Ahmed Patwari, 1995, 24 CLC (HCD)

....ication under Order 37 rule 4 CPC after re‑hearing. Communicate this order and send down the records to the Court below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 222. ...... Result: The Rule is made absolute. Cases Referred to- Kokarmal Gurudayal Vs. Sagarmal Bengani, AIR 1972 (Calcutta) 430; Mohan Lal Vs. Om Prakash, AIR 1989 (Rajasthan) 132; Allied Bank of Pakistan Ltd. Vs. VC Khilnani and 2 others, PLD 1984 (Karachi) 127 (131); Fine Textile Mills Ltd. Ka..

Category: Procedural Law | Date: | Hits: 125

Usha Chemical Industries Ltd. Vs. Bangladesh, 2008, 37 CLC (HCD)

....d: Manzil Murshid, Advocate - For the Petitioner. Writ Petition No. 8042 of 2008. Order ABM Khairul Haque J.- This is an application under Article 102 of the Constitution of the People's Republic of Bangla­desh. 2. It is stated in the petition that in response to a notice of demand ......in a period of 3 months from the date of receipt of this order. With this direction this Writ Petition is sum­marily disposed of. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 563. ..

Category: Fiscal/Taxation Law | Date: | Hits: 280

Abdul Quddus Vs. Government of Bangladesh, 1990, 19 CLC (HCD)

....ing. (i) any property owned by any person who is a citizen of a state which at any time after the 25Lh day of March, 1971, was at war with or engaged in military operations against the People's Republic of Bangladesh, (ii) any property taken over under the Bangladesh (Taking Over of Cont......dues. 6. Respondent No.1 as the respondent in the case before the Court of Settlement contested the application of Respondent No.3 stating that the Respondent No.3 was not a voter, he opted for Pakistan. He did not submit any representation during the period from 1972‑1975 that a certificate..

Category: Property Law | Date: | Hits: 158