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Sunderban Taxtils Mills Vs. The Commissioner of Taxes, 1999, 28 CLC (HCD)

....e. The most im­portant section is section 45 of the Ordinance, which provides that subject to the provisions of this Ordinance, the income, profits and gains of an industrial undertaking set up in Bangladesh between the first day of July, 1974, and the thirtieth day of June, 1985 (both days inc...... income and Bank interest "in respect of the imposition of Tax thereon inspite of the exemption of the income, profits and gains of the indus­trial undertaking from the Tax payable granted by the National Board of Reve­nue". 8. In Reference Application No.24 of 1993 the following ques......ences in question are fit cases to be taken to the Appellate Division and the prayer for certificate is, therefore, refused. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 57. ......ber 8, 1999. Result: The Applications is disposed of. Cases Referred to- AIR 1964 (SC) 381; Zia Fertilizer Company Ltd.; 57 ITR (SC) 306; 80 ITR (SC) 21; VII B.T.D. (AD) 30. Lawyers Involved: M. A. Abdus Satter-For Applicant. Dabiruddin Ahmed, Deputy Attorney-Ge..

Category: Fiscal/Taxation Law | Date: 8 Dec, 1999 | Hits: 9

Golam Rahman (Md.) Vs. Md. Bazlur Rahman (Babu) and one other, 1999, 28 CLC (HCD)

.... dispose of the as expeditiously as possible preferably within six months from the date of receipt of the judgment this Court. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 566. ...... dispose of the as expeditiously as possible preferably within six months from the date of receipt of the judgment this Court. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 566. ...... dispose of the as expeditiously as possible preferably within six months from the date of receipt of the judgment this Court. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 566. ......Golam Rahman (Md.) ……….Accused-Petitioner Vs. Md. Bazlur Rahman (Babu) and one other……….Opposite Parties. Judgment December 2, 1999. Lawyers Involved: Ziaul Karim with Syeda Mymuna Begum, Advocates—For the Petitioner. ..

Category: Criminal Law | Date: 2 Dec, 1999 | Hits: 46

Bangladesh Paribar Parikalpana Samity Vs. Bangladesh Paribar Parikalpana Samity Karmachari Union and others, 1999, 28 CLC (HCD)

....egal effect. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 151.......the Union of employees of the samity as Trade Union are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 151.......the Union of employees of the samity as Trade Union are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 151.......holera Research Laboratory Vs. Gobeshanagar Karmachari Union and others 43 DLR 655; Bangladesh Water Supply and Sewerage Board Vs. A Rajappa and others (1978) Supreme Court Cases 213 (12, 17, 20). Lawyers Involved: Khalilur Rahman with Sayeda Afsar Jahan, Advocates—For the Petitioner. M N..

Category: Labour and Industrial Law | Date: 18 Nov, 1999 | Hits: 2118

Prativa Rani Dey Tirtha Vs. Dr. Mohammad Yousuf, Chittagong Medical College & Others, 1999, 28 CLC (AD)

....conding the discretion to withdraw the case ought not to have been exercised.................(12 & 13) Cases Referred to- Syed Motiur Rahman Vs. State, 35 DLR (AD) 329; Baksha Mia Vs. Bangladesh, 30 DLR (AD) 228, Sekander Ali Vs. State, 31 DLR (AD) 134. Lawyers Involved: ...... of 1996 is also set aside. The learned Divisional Special Judge is hereby directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 8. ...... of 1996 is also set aside. The learned Divisional Special Judge is hereby directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 8. .......................(12 & 13) Cases Referred to- Syed Motiur Rahman Vs. State, 35 DLR (AD) 329; Baksha Mia Vs. Bangladesh, 30 DLR (AD) 228, Sekander Ali Vs. State, 31 DLR (AD) 134. Lawyers Involved: Md. Abdul Malek, Senior Advocate (Subrata Choudhury, Advocate with him) inst..

Category: Anti-Corruption Laws | Date: 10 Aug, 1999 | Hits: 94

Chairman, BD Water Dev. Board & anr Vs. Shamsul Huq & Co. Ltd. & ors., 1999, 28 CLC (AD)

....; ...... result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 168.           ...... result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 168.           ......as bound to obey the order of the Secretary of the concerned Ministry in this particular matter in view of the fact that the said Secretary is the “final authority”……..(8)   Lawyers Involved: B Hussain, Advocate-on-Record — For the Appellant. SS Halder, Se..

Category: Contract Law | Date: 19 Jul, 1999 | Hits: 236

Parveen and another Vs. State, 1999, 18 CLC (HCD)

....645 of 1999 is accordingly disposed of. Let the records of sessions case No.98 of 1999 be sent back to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 473. ......645 of 1999 is accordingly disposed of. Let the records of sessions case No.98 of 1999 be sent back to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 473. ......645 of 1999 is accordingly disposed of. Let the records of sessions case No.98 of 1999 be sent back to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 473. ......R 634; Matiur Rahman Vs. State, 14 DLR 526; MSK Ibrat Vs. Commander-in-Chief, Royal Pakistan Navy, 6 DLR (SC) 128; Muhammad Farooq Vs. State, 8 DLR (SC) 135; Arfan Ali Vs. State, 42 DLR (AD) 22. Lawyers Involved: Serajul Huq, Senior Advocate, Anisul Huq, Towfika Karim, Advocates — For th..

Category: Women and Children | Date: 6 Jul, 1999 | Hits: 143

Rokeya Kabir Vs. Government of Bangladesh through the Ministry of Home Affairs and others, 1999, 18 CLC (HCD)

....e Court High Court Division (Criminal Revisional Jurisdiction) Present: KM Hasan J Md. Abdul Quddus J Rokeya Kabir…………………………..Petitioner Vs. Government of Bangladesh through the Ministry of Home Affairs and others…………Respondent Judgment May ......r be sent to the Judge of Cruelty to Women and Children, Special Court, Dhaka and the Women Support Centre, Mirpur, Dhaka immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 234. ......f issuance of the Rule, after making inquiry on the security system from the Additional Attorney-General and the Assistant Attorney-General Mr. Obaidul Hasan Shaheen, the victim girl was shifted to a Women Support Centre in Mirpur run by the Ministry of Women and Child Affairs from the jail custody ......R (AD) 126; BLD 1992 (AD) 154; Ayesha Vs. State, 19 DLR 681; Jahanara Begum Vs. State 15 DLR 148 DH; Profulla Chandra Chakraborty Vs. Secretary Ministry of Home Affairs 1995 BSCR (Vol. VIII) 112. Lawyers Involved: Tania Amir, Advocate—For the Petitioner. Md. Abdur Rashid with Subrata Cho..

Category: Women and Children | Date: 26 May, 1999 | Hits: 98

State Vs. Abdul Wahab Shah Chowdhury, 1999, 28 CLC (AD)

.... Criminal Appeal No. 19 of 1998, the accused-respondent in his application under section 498 of the Code of Criminal Procedure for anticipatory bail, inter alia, stated that he is the President of Bangladesh Jatiyatabadi Juba Dal, Porsha Unit, and Vice-President of the opposition party of N......here will be a specific statutory sanction of granting anticipatory bail with positive conditions and directions. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 242. ......here will be a specific statutory sanction of granting anticipatory bail with positive conditions and directions. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 242. ...... (AD) 14; Hedayet Ullah Khan vs. Crown, PLD 1949 Lahore 21; Zahur Ahmed vs. State, PLD 1974 (Lahore) 256; Crown vs. Khushi Muhammad, 5 DLR (FC) 86; Sadek Ali vs. State 18 DLR (SC) 393. Lawyers Involved: Mahmudul Islam Attorney-General, (B Hossain, Deputy Attorney-General an..

Category: Criminal Law | Date: 25 May, 1999 | Hits: 79

Fazlur Rahman and Co. (Pvt.) Ltd. Vs. Agrani Bank and others, 1999, 28 CLC (HCD)

....il 28, 1999. Result: The Rule is discharged. Cases Referred to- Conforce Ltd. Vs. Titas Gas Transmission and Distribution Ltd., 42 DLR 33; Sharping Matshayajibi Samabay Samity Vs. Bangladesh, 39 DLR 78. Lawyers Involved: Khandker Mahbubuddin Ahmed with Ruhul Quddus, Adv......pondent No.1 can be directed to allow the petitioner to pay the balance interest of Taka 77,43,184.25. Since respondent No.1, Agrani Bank has been constituted under the provisions of Bangladesh Bank (Nationalisation) Order, 1972 President’s Order 26 of 1972 in view of the decision in the case of C......no merit in this Rule. In the result, the Rule is discharged without an order as to costs. Order of injunction stands vacated. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 350....... The Rule is discharged. Cases Referred to- Conforce Ltd. Vs. Titas Gas Transmission and Distribution Ltd., 42 DLR 33; Sharping Matshayajibi Samabay Samity Vs. Bangladesh, 39 DLR 78. Lawyers Involved: Khandker Mahbubuddin Ahmed with Ruhul Quddus, Advocates — For the Petitione..

Category: Banking Law | Date: 28 Apr, 1999 | Hits: 500

Hussain Mohammad Ershad Vs. The State, 1991, 20 CLC (AD)

....al 781; Krishna Gopal vs. Emperor 92 IC 589; Farruk Ahmed Vs. Abdul Kader Chowdhury, 38 DLR (AD) 18, Hasanuddin Sarkar Vs. The State, 34 DLR 287, Abdul Quader Chowdhury Vs. The State, 28 DLR (AD) 38, Bangladesh Vs. Tan Kheng Hock, 31 DLR (AD) 69, Abdul Ali Vs. The State, 30 DLR (SC) 58 and Akhlar Ra...... law or that, prima facie, it does not attract the provision of the Arms Act, 1878. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 50. ...... law or that, prima facie, it does not attract the provision of the Arms Act, 1878. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 50. ...... Abdul Quader Chowdhury Vs. The State, 28 DLR (AD) 38, Bangladesh Vs. Tan Kheng Hock, 31 DLR (AD) 69, Abdul Ali Vs. The State, 30 DLR (SC) 58 and Akhlar Rahim vs. Stale & others, 35 DLR 100. Lawyers Involved: Moinul Huq, Advocate, (Kazi Shahadat Hossain, Advocate with him) instructed b..

Category: Criminal Law | Date: 26 Feb, 1999 | Hits: 58

Lutful Karim and others Vs. Shahidullah and others, 1999, 28 CLC (AD)

....he learned Advocate .The review petitions are also barred by thirteen days consequently both the review petitions are dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 311. ......he learned Advocate .The review petitions are also barred by thirteen days consequently both the review petitions are dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 311. ......he learned Advocate .The review petitions are also barred by thirteen days consequently both the review petitions are dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 311. ....................................Petitioners Vs. Shahidullah and others......Respondents Judgment February 4, 1999.   Result: The review petitions are dismissed. Lawyers Involved: Moksumul Hakim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Rec..

Category: Procedural Law | Date: 4 Feb, 1999 | Hits: 7

Younus Ali and 3 others Vs. State, 1999, 28 CLC (HCD)

....e Nari-O Shisu Nirjatan Daman Bishes Adalat No.2, Bagerhat is quashed. A copy of the order be sent to the Court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 121. ......e Nari-O Shisu Nirjatan Daman Bishes Adalat No.2, Bagerhat is quashed. A copy of the order be sent to the Court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 121. ......e Nari-O Shisu Nirjatan Daman Bishes Adalat No.2, Bagerhat is quashed. A copy of the order be sent to the Court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 121. ......Ruhul Amin J Amirul Kabir Chowdhury J Younus Ali and 3 others…… Petitioners Vs. State ……………......................Respondent Judgment January 11, 1999. Lawyers Involved: Ziaur Rahman, Advocate — For the Petitioner. Not Represented — For t..

Category: Women and Children | Date: 11 Jan, 1999 | Hits: 88

Managing Director Dhaka WASA Vs. Superior Builders and Engineers Ltd., 1999, 28 CLC (AD)

..... Superior Builders and Engineers Ltd………………........Respondents Judgment January 5, 1999. Result: The petition is dismissed.  The Constitution of Bangladesh, 1972, Article 102 A writ petition cannot be founded merely on contract, but when a......t the High Court Division acted in excess of jurisdiction. The cost has been rightly given. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 56. ......t the High Court Division acted in excess of jurisdiction. The cost has been rightly given. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 56. ......rticle 102 A writ petition cannot be founded merely on contract, but when a contract is concluded the contractor has a legitimate expectation that he will be dealt with fairly……..(6) Lawyers Involved: Aminul Haque, Advocate, instructed by Md. Nawab Ali Advocate-on-Record—For..

Category: Contract Law | Date: 5 Jan, 1999 | Hits: 249

Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,

....t Group) For the Appellant: 1. Shamsuddin Ahmed, Advocate — For Self. 2. M G Bhuiyan, Advocate-on-Record — For Self. 3. M Nawab Ali, Advocate-on-Record — For the Bangladesh Legal Aid & Services Trust (BLAST) 4. Mvi Md Wahidullah, Advocate-on-Record&mdas......sented — Respondent No. 2. AW Bhuiyan, Acting Attorney-General, instructed by Md Sajjadul Huq, Advocate-on- Record — Amicus Curiae. Moulana Obaidul Haque, Khatib Baitul Mukarram National Mosque, Moulana Mohiuddin Khan, Editor of “Monthly Madina” — For the opin......Abrar Professor Political Science Dhaka University. d) Begum Ivy Rahman, Jatiya Mohila Sangstha (JMS). e) Salma Khan, Chairperson, The Committee on the Elimination of Discrimination Against Women (CEDAW) 2. Sigma Huda, Advocate (with leave of the Court), instructed by Md. Aftab Hossai...... Prakash vs. Ram Kumar, AIR 1991 (SC) 409; Secretary to Govertment vs Abdul Kafil,PLD 1978 (SC) 242; Safura Khatoon vs Osman Gani and others, 9 DLR 455; Marium vs Kadir Box, AIR 1929 (Oudh) 527. Lawyers Involved: Md. Hannan, Senior Advocate, instructed by Md. Ataul Haque, Advocate-on-Recor..

Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262

Firoz Miah Vs. State, 1998, 27 CLC (HCD)

....r bail of the appellant which may be filed on behalf of the appellant after receipt of the record. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 37.......r bail of the appellant which may be filed on behalf of the appellant after receipt of the record. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 37.......st the judgment and order passed by the learned Special Tribunal and Sessions Judge, Brahmanbaria in Special Powers Act Case No. 137 of 1991 convicting the appellant under section 6 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 sentencing him to imprisonment for life and to pay a fi......Hamidul Haque J Md. Hassan Ameen J Firoz Miah……………...………Appellant Vs. State………………….………Respondent Judgment November 30, 1998. Lawyers Involved: Rabia Bhuiyan with Alamgir Al Mustafizur Rahman, Advocates — For the Appell..

Category: Women and Children | Date: 30 Nov, 1998 | Hits: 103

Imtiazur Rahman Farooqui (Md.) (MI Farooqui) Vs. Bureau of Anti-Corruption and Others, 1998, 27 CLC (HCD)

....Dar/92 (Bank) should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The case of the petitioner is as follows: The petitioner is a citizen of Bangladesh and an Advocate enrolled in the Appellate Division of the Supreme Court of Bangladesh and......out lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 421. ......out lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 421. ......espondents Judgment November 15, 1998. Result: The Rule is made absolute. Case Referred to- Mustafizur Rahman and ors. Vs. DG Anti-Corruption and ors, 49 DLR 599. Lawyers Involved: MI Farooqui with M Saleemullah and Md. Ruhul Quddus (Babu), Advocates —..

Category: Anti-Corruption Laws | Date: 15 Nov, 1998 | Hits: 181

Molla Habibur Rahman Vs. Board of Intermediate and Secondary Education, Jessore and others, 1998, 27 CLC (HCD)

....nd Secondary Education, Jessore and others…………Respondents Judgment August 19, 1998. Cases Referred To- Faizur Rahman (Md) and others Vs. Government of Bangladesh represented by the Secretary Ministry of Education and others 2 BLC 619 (10, 14) Law...... authority and to be of no legal effect. The order of stay granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 115. ...... authority and to be of no legal effect. The order of stay granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 115. ......nt August 19, 1998. Cases Referred To- Faizur Rahman (Md) and others Vs. Government of Bangladesh represented by the Secretary Ministry of Education and others 2 BLC 619 (10, 14) Lawyers Involved: Zakir Hossain Munshi, Advocate—For the Petitioner. Md. Nurul Islam..

Category: Civil Law | Date: 19 Aug, 1998 | Hits: 100

Harun-or-Rashid and others Vs. Quyum Khan and others, 1998, 27 CLC (HCD)

....he impugned order dated 20-6-96 passed by the Senior Assistant Judge, Jamalpur in Other Class Execution Case No.10 of 1990 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 150.......he impugned order dated 20-6-96 passed by the Senior Assistant Judge, Jamalpur in Other Class Execution Case No.10 of 1990 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 150.......he impugned order dated 20-6-96 passed by the Senior Assistant Judge, Jamalpur in Other Class Execution Case No.10 of 1990 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 150....... Vs. Quyum Khan and others………………………Opposite Parties Judgment July 12, 1998. Case Referred To- Bijoy Krishna Paik and another Vs. Mamtazuddin Sk, 12 DLR 63 (4). Lawyers Involved: Not represented— the Petitioners. Md. Jahurul Islam Mukul, Advocate—For ..

Category: Property Law | Date: 12 Jul, 1998 | Hits: 31

Dipak Kumar Roy @ Kazal Vs. State, 1998, 28 CLC (HCD)

....on itself. "Dowry" in section 4 has therefore to be understood in its ordinary meaning, namely, property brought by women to her husband at marriage or vice versa. It must be held, therefore, that in Bangladesh Act the legislature has taken care to see that not only the taking or giving of dowry or ......and order of stay stands vacated. Communicate the order to the Court below to proceed with the case in accordance with the law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 603. ......g dowry. But when the law makers found that light punishment provided under the said Act was not sufficient to prevent grievous hurt, murder or attempt thereof over the demand of dowry the Cruelty To Women (Deterrent Punishment) Ordinance 1983 was promulgated to award heavy penalty to such offenders......lader Vs. State, 46 DLR (AD) 169; Mihir Lal Saha Poddar Vs. Zhunu Rani Saha, 37 DLR 227; Reazul Karim Vs. Mst. Taslima Begum, 40 DLR 360; Ajit Kumar Pramanik Vs. Bakul Rani Pramanik; 46 DLR 290. Lawyers Involved: SS Halder, Advocate ‑ For the Petitioner. Abdul Wadud Bhuiyan, Attorne..

Category: Women and Children | Date: 7 Jun, 1998 | Hits: 76

Social Marketing Company Vs. Universal Pharmaceuticals Ltd. and another, 1998, 27 CLC (HCD)

....injunction prayed by the petitioner was affirmed by this Division. Against the said decision, the defendants opposite parties preferred an appeal before the Appellate Division of the Supreme Court of Bangladesh in Civil Petition for leave to appeal No.438 of 1997. Their Lordships of the Appellate Di......y of the parties except on an extreme urgency. With the above observation and direction this application is therefore disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 587. ......y of the parties except on an extreme urgency. With the above observation and direction this application is therefore disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 587. ......est of justice with most expedition. The justice should not only be done but it should be shown to have been done, otherwise it will be a failure of justice………………………………(6) Lawyers Involved: Syed Shahid Husain, Advocate ‑ For the Petitioner. Civil Order No.1944 of ..

Category: Civil Law | Date: 4 Jun, 1998 | Hits: 106