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Meghna Petroleum Limited Vs. Commissioner of Taxes (West Zone) Dhaka, 1992, 21 CLC (HCD)

....te the question and to answer the same it is necessary to state the facts in short. The assessee, a limited company, carries on business of marketing petroleum products. It is a subsidiary company of Bangladesh Petroleum Corporation, hereinafter shall be called “the Corporation". The Corp......he submits that circular No. 9 IT dated 10.8.76 which was relied upon by the Tribunal was superseded by the decision of the Ministry of Finance dated 17th November, 1979 which was communicated by the National Board of Revenue to the various tax authorities the Tribunal was not justified in holding t...... order of stay granted by the court on 29.10.92 is hereby vacated. The parties are to bear their respective costs although. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 260 ......ers Vs. Union of India and others, 77 ITR (SC) 107; Tata Iron & Steel Co. Ltd. Vs. Union of India and others, 75 ITR 676; Commissioner of Inland Revenue Vs. Frank Bernard Sanderson, 8 TC 44. Lawyers Involved: Rafique‑ul Huq with Mustafa Adil and Md. Shorful Islam Khan, Advocates&mdas..

Category: Fiscal/Taxation Law | Date: 30 Nov, 1992 | Hits: 6

State Vs. Abdul Khaleque, 1992, 21 CLC (HCD)

....ial Court as well as to the Superintendent of Police, Barguna at once for necessary action. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 353; 13 BLD (HCD) (1993) 354   ......ial Court as well as to the Superintendent of Police, Barguna at once for necessary action. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 353; 13 BLD (HCD) (1993) 354   ......ial Court as well as to the Superintendent of Police, Barguna at once for necessary action. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 353; 13 BLD (HCD) (1993) 354   ......C) 89 = PLD 1969 SC 89; Dipok Kumar Sarker Vs. The State, 40 DLR (AD) 139; Pakala Narayan Swami Vs. The King Emperor (1939) 56, Indian Appeals 66 (76); Lutfunnahar Vs. The State, 27 DLR (AD) 29. Lawyers Involved: Basharatul Mowla, Advocate—For the condemned accused. AKM Shamsul ..

Category: Criminal Law, Family Law | Date: 24 Nov, 1992 | Hits: 4

Shamsun Nahar Awal Vs. Board of Intermediate and Secondary Education, and others, 1992, 21 CLC (HCD)

....zimuddin Industries Ltd. Vs. Collector of Central Excise and Land Customs, Chittagong and others, 18 DLR 92; Amirul Islam Vs. Secretary, Ministry of Land Administration and Land Reforms Government of Bangladesh and others, 40 DLR (AD) 52; Md. Hemayetullah, 21 DLR (SC) 238 = PLD 1969 (SC) 407. L......in Writ Petition No. 2514 of 1992 stands discharged and consequence the concerned stay order is vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 365     ......in Writ Petition No. 2514 of 1992 stands discharged and consequence the concerned stay order is vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 365     ......8 DLR 92; Amirul Islam Vs. Secretary, Ministry of Land Administration and Land Reforms Government of Bangladesh and others, 40 DLR (AD) 52; Md. Hemayetullah, 21 DLR (SC) 238 = PLD 1969 (SC) 407. Lawyers Involved: Khondker AM Mohsenuddin, Advocate—For the Petitioner (In Writ Petition ..

Category: Administrative Law | Date: 27 Aug, 1992 | Hits: 1

Abul Hossain and others Vs. State, 1992, 21 CLC (HCD)

....ed in connection with any other case. Send down the records to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 77.       ......ed in connection with any other case. Send down the records to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 77.       ......ed in connection with any other case. Send down the records to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 77.       ...... Rustom Ali Sikdar State Vs. Mizanul Islam @ Dablu and another 1988 BLD, page 317 Lutfun Nahar Begum Vs. The State, 27 DLR (AD), page 29, Shahoo Vs. The State of Uttar Pradesh AIR, 1966 (SC) 40. Lawyers Involved: Shawkat Ali Khan with Amjad Hossain, Fazlul Hoq Khan Farid and Md. Tomizuddi..

Category: Criminal Law | Date: 23 Aug, 1992 | Hits: 6

A R Shams ud Doha Vs. Bangladesh and others, 1992, 21 CLC (HCD)

....nt: Anwarul Hoque Choudhury J KM Hasan J A R Shams‑ud‑Doha………………………………Petitioner Vs. Bangladesh and others………………………&hellip......order. In the facts and circumstance of the case there is no order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 405.   ......order. In the facts and circumstance of the case there is no order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 405.   ......o the government functionary a power not vested in law. Cases Referred to- South Helton Coal Company case, 1894 1 QB at page 133; Attorney‑General Vs. PY A. Quarries (1957) 2 QB 169. Lawyers Involved: Moudud Ahmed with Rokanuddin Mahmood, Advocates—For the Petitioner. ..

Category: Administrative Law, Constitutional Law | Date: 4 Aug, 1992 | Hits: 3

Abdur Rouf Vs. Bangladesh and others, 1992, 21 CLC (HCD)

....wdhury J Abdur Rouf…………………………………………………Petitioner Vs Bangladesh and others………………………&hellip......e illegal and without lawful authority. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 118.   ......e illegal and without lawful authority. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 118.   ...... as abandoned property made as per provision of President's Order 16 of 1972 read with Ordinance No.54 of 1985 to be illegal and without lawful authority………. (8 & 9) Lawyers Involved: MI Farooqui with M Salimullah and Faisal H Khan, Advocates‑For the Petition..

Category: Abandoned Properties Law, Property Law | Date: 3 Aug, 1992 | Hits: 17

Shabir Hassan alias Bachchu Vs. Government of the People's Republic of Bangladesh and Others, 1992, 21 CLC (HCD)

....l Jurisdiction) Present: Md. Abdul Jalil J Kazi Ebadul Hoque J Shabir Hassan alias Bachchu......................Petitioner Vs. Government of the People's Republic of Bangladesh and Others........Respondents Judgment July 26, 1992. Result: The Rul......zzak of village Kalachandpara. PS Pabria, District Pabna at liberty if not wanted in connection with any other case. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 257   ......zzak of village Kalachandpara. PS Pabria, District Pabna at liberty if not wanted in connection with any other case. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 257   ...... and Others........Respondents Judgment July 26, 1992. Result: The Rule is made absolute. Cases Referred to- Bangladesh Vs. Mohammad Ali and others, 43 DLR (AD) 104 Lawyers Involved: MM Hyder Ali, Advocate—For the Petitioner Lashkar Fakhruddin Ahmed..

Category: Administrative Law | Date: 26 Jul, 1992 | Hits: 1

Nazrul Islam and another Vs. Jahanara Hassan and another, 1992, 21 CLC (HCD)

....sistant Judge is directed to return the plaint as amended to its filing lawyer for presentation to the proper court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 106   ......sistant Judge is directed to return the plaint as amended to its filing lawyer for presentation to the proper court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 106   ......sistant Judge is directed to return the plaint as amended to its filing lawyer for presentation to the proper court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 106   ......urt under Order 7 rule 10, CPC……………….(5 &6) Cases Referred to- Benisham Mohanlal Khetan Vs. Mohadeb Tukaram Borkar, AIR 1985 (Bombay) 462. Lawyers Involved: Md. Azizul Huq, Advocate‑For the Petitioner. MA Rashid, with MA Khaled..

Category: Civil Law | Date: 26 Jul, 1992 | Hits: 1

Salim Hasan Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)

....urt Division (Special Original Jurisdiction) Present: Anwarul Haque Chowdhury J KM Hasan J Salim Hasan…………....................Petitioner Vs. Government of Bangladesh and others……………Respondents Judgment July 16, 1992. Cases Referre......ka Central Jail be set at liberty at once if not wanted in connection with any other case. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 318. ......ka Central Jail be set at liberty at once if not wanted in connection with any other case. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 318. ......desh, 30 DLR at page 131; Soagiti Chowdhury Vs. State of West Bengal, AIR 1972 (SC) 168; Bhimsen Vs. Union of India, (AIR 1951 SC) 481; Azizul Hoque Vs. The Government of Bangladesh, 27 DLR 295. Lawyers Involved: Mahabubur Rahman with Mrs. Ferdausi Shahab Advocates ‑ For the Petitioner. ..

Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187

AKM Faruque Vs. Bangladesh, represented by the Secretary Ministry of Works and others, 1992, 21 CLC (HCD)

....e Choudhury J KM Hasan J AKM Faruque…………………………………………Petitioner Vs. Bangladesh, represented by the Secretary Ministry of Works and others………&hellip...... The, stay granted earlier by this court as to the construction of the building of respondent Nos. 4 and 5 is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 281 ...... The, stay granted earlier by this court as to the construction of the building of respondent Nos. 4 and 5 is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 281 ......;……..Respondent Judgment July 7, 1992. Result: The Rule is discharged. Cases Referred to- Mian Fazal Din Vs. Lahore Improvement Trust, 21 DLR (SC) 225 Lawyers Involved: Md. Awlad Ali, Advocate—For the Petitioner. Obaidur Rahman Mustafa..

Category: Constitutional Law, Property Law | Date: 7 Jul, 1992 | Hits: 3

AFM Safiyyullah Vs. AKM Bashirullah alias Mortuza Bashir and others, 1992, 21 CLC (HCD)

....;D' and that the defendants have accepted the joint allotment. But the fact remains that admittedly defendant No. 7 Dr. ABM Naquiyullah did not sign the solenama and that admittedly he was not in Bangladesh. Therefore, the question of acceptance by defendant No.7 does not arise. It appears from ......ged and the order of the stay granted by this court of 14.6.90 is also hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 146. ......ged and the order of the stay granted by this court of 14.6.90 is also hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 146. ......ment July 7, 1992. Result: The appeal is dismissed. Cases Referred to- Thirurengada Mudaliar Vs. Thaugavelu Mudaliar and others AIR 1928 (Mad) 594; AIR 1934 (Patna) 582. Lawyers Involved: Syed Mohammad Dashtagir Hossain, Advocate‑For the Appellants. MB Taz M..

Category: Civil Law | Date: 7 Jul, 1992 | Hits: 1

Nurul Islam and another Vs. Secretary, Ministry of Law & Justice, Bangladesh Sachibalaya, Dhaka and other,1992, 21 CLC (HCD)

....ip;………………………………………….Petitioners Vs. Secretary, Ministry of Law & Justice, Bangladesh Sachibalaya, Dhaka and other…………………......of the case we hold that the Rule cannot be sustained. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 46. ......of the case we hold that the Rule cannot be sustained. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 46. ......discharged. Cases Referred to- Bangladesh Steamer Agents Association Vs. Bangladesh and others 33 DLR (AD) 177; 1968 SCMR 995; 30 DLR 368; 29 DLR 1968; SCMR 995, 29 DLR 188;21 DLR 188. Lawyers Involved: Abul Quasem with Hemayetul Islam, Advocates‑For the Petitioners. QA Ho..

Category: Constitutional Law, Employment/Service Law | Date: 30 Jun, 1992 | Hits: 8

Narayanganj Pourashava, represented by its Administrator, Narayanganj; Chairman, Narayanganj Paurashava and others vs. Abdur Razzak, 1992, 21 CLC (HCD)

....in Title Suit No. 10 of 1980 is set aside and the suit is dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 294   ......in Title Suit No. 10 of 1980 is set aside and the suit is dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 294   ......in Title Suit No. 10 of 1980 is set aside and the suit is dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 294   ......ut when the language of the section absolutely prohibits institution of the suit without prior notice, the suit becomes still‑born and has to be buried at its institution…. (9 & 10) Lawyers Involved: Fakir Abdul Mannan, Advocate—For the Petitioners Mahbubey Alam wit..

Category: Administrative Law | Date: 23 Jun, 1992 | Hits: 1

Serajul Islam Thakur Vs. Government of Bangla¬desh and another, 1992, 21 CLC (HCD)

.... whether are civilian employees in any of the defence services. Administrative Tribunal Act, 1980(Act VII of 1981) Section 4 (3) The expression "person in the Defence Services of Bangladesh", whether includes the petitioners who were employees of the Ordnance Factories Boad......2 of the Constitution before this Court. In the result, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 318   ......2 of the Constitution before this Court. In the result, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 318   ......M. Zahangir Hossain, 34 D.L.R. (AD) 173; Rear Admiral A.A. Mustafa (W.P. No. 64/92); Brigadier Abul Hasanat Md. Abdullah (W.P. No.15/87); Jamil Huq and II others Vs. Bangladesh, 34 DLR (AD) 125. Lawyers Involved: Mainul Hosein with Md. Joynul Abedin, Advocates—For the Petitioners in ..

Category: Administrative Law | Date: 27 May, 1992 | Hits: 1

Ataur Rahman Vs. Bangladesh & others, 1992, 21 CLC (HCD)

....upreme Court High Court Division (Special Original Jurisdiction) Present: Anwarul Haque Choudhury J KM Hasan J Ataur Rahman....................Petitioner Vs. Bangladesh & others.............Respondents Judgment May 25, 1992. Result: T......y and of law (1892) 2 QB 147. We find no substance in this application which is summarily rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 307     ......y and of law (1892) 2 QB 147. We find no substance in this application which is summarily rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 307     ......lso be the basis of a contract. There cannot exist an agreement to waive an illegality because it is against public polity (AIR 1965 (SC) 1465). Cases Referred to- (AIR 1965 (SC) 1465) Lawyers Involved: Md. Hannan, Advocate‑For the Petitioner. Writ Petition No. 1847 of 19..

Category: Administrative Law | Date: 25 May, 1992 | Hits: 2

Muzibur Rahman Talukder Vs. AKM Musa and others, 1992, 21 CLC (HCD)

....er to him as listed in Annexure F to the petition which are stated to be in the Jimba of one Sekander Ali Munshi. Let a copy of this judgment be sent to the Secretary, Ministry of Establishment, Bangladesh Sachibalaya, Dhaka (Respondent No. 4) for taking appropriate action against Mr. AKM Musa,......lip Kumar Basak, the then Magistrate, 1st Class and Upazila Magistrate, Madaripur wherever they are now, in accordance, with law. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 21. ......lip Kumar Basak, the then Magistrate, 1st Class and Upazila Magistrate, Madaripur wherever they are now, in accordance, with law. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 21. ......KM Musa and others………………………….......Respondents Judgment May 25, 1992. Result: The Rule is made absolute. Lawyers Involved: Mohammad Ali, Advocate ‑ For the Petitioner. Fazlul Hoque, Assistant A..

Category: Criminal Law | Date: 25 May, 1992 | Hits: 107

Syed Ali Mandal alias Md. Syed Ali and 4 others Vs. State, 1992, 21 CLC (HCD)

....or non‑receipt of the consignment. Over that matter an Enquiry Committee was constituted and the Committee after necessary enquiry submitted its report and oil the basis of that report the CCM (C), Bangladesh Railway, Chittagong asked the Divisional Mechanical Engineer, Paksey on 3.3.76 for direct......of the same and discharged from their respective bail bonds. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 149.   ......of the same and discharged from their respective bail bonds. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 149.   ......llip;…………Respondent Judgment May 20, 1992. Result: The appeal preferred by convict‑appellant is dismissed with the modification in the sentence. Lawyers Involved: Mansur Habib, Advocate‑For the Appellants. SA Hasan, Assistant Attorne..

Category: Criminal Law | Date: 20 May, 1992 | Hits: 2

State Vs. Constable Lal Mia and another, 1992, 21 CLC (AD)

....eferred any appeal and remained fugitive. Criminal Petition for Leave to Appeal No.91 of 1988 filed by the complainant is disposed of in the above terms. Ed. This Caseis also Reported in: ......eferred any appeal and remained fugitive. Criminal Petition for Leave to Appeal No.91 of 1988 filed by the complainant is disposed of in the above terms. Ed. This Caseis also Reported in: ......eferred any appeal and remained fugitive. Criminal Petition for Leave to Appeal No.91 of 1988 filed by the complainant is disposed of in the above terms. Ed. This Caseis also Reported in: ......Babulal Chaukhari Vs. King Empenror AIR 1938 PC 130; Ata Md. Khan Alvi PLD 1950 Lah (FB) 288; 5 DLR (FC) 161; 10 DLR (SC) 29; AIR 1954 (SC) 436; AIR 1963 (SC) 1850; 10 DLR 134;  16 DLR 349. Lawyers Involved: AW Bhuiyan Additional Attorney‑General ins­tructed by, B Hossain, Advoc..

Category: Criminal Law | Date: 14 May, 1992 | Hits: 73

Bengal Metro Engineering Co. and others Vs. Agrani Bank, 1992, 21 CLC (HCD)

....it is almost ready for hearing, if that be so, let the suit be disposed of as expeditiously as possible. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 168     ...... Result: The Rule is made absolute. Cases Referred to- Md. Obaidul Akbar Vs. East Pakistan Provincial (now Bangla­desh) Co‑operative Bank Ltd. 27, DLR 523; Haridas Mondra Vs. National and Grindlays Bank Ltd. reported in AIR 1963 Cal. 132. Lawyers Involved: AKM Asha......it is almost ready for hearing, if that be so, let the suit be disposed of as expeditiously as possible. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 168     ...... Md. Obaidul Akbar Vs. East Pakistan Provincial (now Bangla­desh) Co‑operative Bank Ltd. 27, DLR 523; Haridas Mondra Vs. National and Grindlays Bank Ltd. reported in AIR 1963 Cal. 132. Lawyers Involved: AKM Ashaduzzarnan, Advocate—For the Petitioners SA Rahim, Advocate..

Category: Contract Law | Date: 5 May, 1992 | Hits: 2

Commissioner of Taxes, Dhaka (South) Zone, Dhaka Vs. Titas Gas Transmission and Distribution Co. Ltd. Dhaka, 1992, 21 CLC (HCD)

....h facts and can see how the question has been dealt with by the Tribunal raised before it either by the assessee or the Revenue. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 332 ......h facts and can see how the question has been dealt with by the Tribunal raised before it either by the assessee or the Revenue. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 332 ......h facts and can see how the question has been dealt with by the Tribunal raised before it either by the assessee or the Revenue. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 332 ......ce Company Ltd. 119 ITR 431; CIT Vs. Alkali and Chemical Corporation of India Ltd. 158 ITR 58; Tennant Vs. Smith, 3 TC 158; Corry Vs. Robinson, 18 TC 411; Brij Lal Jajoo Vs. CIT, 17 DLR (SC) 16. Lawyers Involved: Moksudur Rahman, Advocate—For the Applicant Petitioner AKM Mozamme..

Category: Fiscal/Taxation Law | Date: 23 Apr, 1992 | Hits: 8