Search Options
Judgment Advanced Search
Displaying 141-160 of 3933 results.
Government of Bangladesh Vs. Md. Abdul Maleque Miah and 7 anothers, 2013, 42 CLC (AD)
.... the Administrative Tribunal Act, 1980 ought to be interpreted in such a manner that the Act is consistent with the constitutional provisions and legislative intent and may provide for complete and self-sufficient remedy to the affected parties. 23. We are of the opinion that the......Kumar Sinha J Md. Abdul Wahhab Miah J AHM Shamsuddin Choudhury J Government of Bangladesh...... Appellant (In all the appeals) Vs. Md. Abdul Maleque Miah and 7 another.........Respondent Judgment ......allowed and the impugned judgment and order is set aside with the observations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167 ......allowed and the impugned judgment and order is set aside with the observations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167 ..Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3
....hereby declared to have been given without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 14.
......Court
High Court Division
(Special Original Jurisdiction)
Present:
M Moazzam Husain J
Quazi Reza-ul Hoque J
M Enayetur Rahim J
Maulana Syed Rezaul Haque Chadpuri and others .................Petitioners
Vs.
Bangladesh Jamaat-e-Islami and others…&......
“...it is often argued that such an interpretation will allow a person to espouse the cause of another person and the Court will be required to decide the issues without the presence of the proper party. If the affected party is not coming forward for no visible reason, the Court may refus......hereby declared to have been given without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 14.
..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
....নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮)
(..to be continued at CLC ID ( 9365 )
......Court
High Court Division
(Special Original Jurisdiction)
Present:
M Moazzam Husain J
Quazi Reza-ul Hoque J
M Enayetur Rahim J
Maulana Syed Rezaul Haque Chadpuri and others .......Petitioners
Vs.
Bangladesh Jamaat-e-Islami and others……&he......should not be "publicity interest litigation' or 'private interest litigation' or 'politics interest litigation' or the latest trend 'Paise Income Litigation'. If not properly and strictly regulated at least in certain vital areas or spheres and abuse averted, it bec......quently cured judicial review does not lie as the Court does not answer merely academic questions. BJI, according to him, having cured the inconsistencies in its constitution by subsequent amendments adjudication upon the rule is tantamount to mere academic exercise. He lends support to this content..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
....oner of Taxes, Companies Circle-8, Taxes Zone-3, Dhaka (briefly stated as the DCT) showing various income for the aforesaid assessment years. The DCT after serving statutory notices upon the assessee completed assessments computing total income of the assessee much higher than the income shown by he......d, Kakrail, Dhaka………Respondent
Judgment
July 31, 2013
Result:
The question formulated to determination answered in the affirmative in favour of the department and against the assessee-applicant.
Lawyers Involved:
No one appears—For the applica......artment.
9. We have perused the reference applications and the annexures thereto.
10. It appears that the question framed in these reference applications is an incomplete question and not a proper question of law and vague. Therefore, we are reframing the question in the following manner:
......t of Bangladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984.
S. H. Md. Nurul Huda Jaigirdar J.- I agree.
Ed.
This Case is also Reported in:
..
Category: Fiscal/Taxation Law | Date: 31 Jul, 2013 | Hits: 3
Nur Jahan Akhtar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....oner of Taxes, Companies Circle-8, Taxes Zone-3, Dhaka (briefly stated as the DCT) showing various income for the aforesaid assessment years. The DCT after serving statutory notices upon the assessee completed assessments computing total income of the assessee much higher than the income shown by he......pplicant (In all the cases) Md. Abu Amjad, DAG with Mahfuja Begum, AAG.—For the respondents (In all the cases) Income Tax Reference Applications No.39 of 2004, 40 of 2004, 41 of 2004 and 42 of 2004. Judgment Zinat Ara J.- These four income tax reference applications under ......artment. 9. We have perused the reference applications and the annexures thereto. 10. It appears that the question framed in these reference applications is an incomplete question and not a proper question of law and vague. Therefore, we are reframing the question in the following manner: ......ngladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 31 Jul, 2013 | Hits: 2
Syed Raihan Hasan Ali Chowdhury Vs. Syed Hamde Ali Chow¬dhury and others, 2013, 42 CLC (HCD)
....Civil Rule No.905(f) of 2011 is disposed of. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ...... Jurisdiction) Present: Sharif Uddin Chaklader J ARM Shahidul Huq J Syed Raihan Hasan Ali Chowdhury.................Plaintiff-Appellant Vs. Syed Hamde Ali Chowdhury and others...........Defendant-Respondents Judgment July 29, 2013. Result: ......8; Order VII, rule 11, Provisions of waqf ordinance — Section 50 of the Waqf Ordinance has been inserted in the enrolment chapter. Specific Provisions have made regarding the person, property, time and manner in which the enrolment is to be made and in this context section 50 a......Civil Rule No.905(f) of 2011 is disposed of. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ..Category: Trust/Waqf Law | Date: 29 Jul, 2013 | Hits: 5
Robi Axiata Ltd Vs. First Labour Court Dhaka and others, 2013, 42 CLC (HCD)
....Orders of Stay as initially granted are necessarily recalled and vacated. There are no Orders as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 551 ......nal Jurisdiction) Present: Syed Refaat Ahmed J Mahmudul Hoque J Robi Axiata Ltd………………...Petitioner Vs. First Labour Court Dhaka and others...................Respondents Judgment July 28, 2013. ......ner, Robi Axiata Limited. 4. Robi Axiata for its part has insisted that the temporary employment of each such plaintiff having already determined under separate contracts of employment, the proper avenue of redress lay alternatively under section 33 in preference to section 213 of the...... of any right guaranteed or secured to an 'employer' or 'workman' by or under any law for the time being in force or an award or settlement may apply to the Labour Court for adjudication of dispute." 17. For the convenience of comparative study the amen..Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7
Zahir Fakir (Md.) and oth¬ers Vs. Hahma Khatun and others, 2013, 42 CLC (HCD)
....ellate Court can take additional evidence in order to arrive its definite finding in deciding the suit finally. The Appellate Court has got every power as that of the trial Court to settle the issues completely without sending back the suit on remand to the Trial Court. On perusal of the impugn......(HCD) (2015) 240 ......oided and shifted his responsibility upon the Trial Court which the appellate Court was very much competent to perform. In avoiding such responsibility on the part of the appellate Court was not proper. All the materials for deciding the suit finally were before the Appellate Court. The impugne......urts records along with a copy of this judgment to the concern Court forthwith for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 240 ..Category: Property Law | Date: 25 Jul, 2013 | Hits: 6
Md. Lokman Hakim and Others Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)
....o the writ petitioners. In the result, these rules are made absolute. However, there shall be no order as to cost. Mohammad Ullah J. - I agree. This Case is also Reported in: ....... National Board of Revenue, Rajashasha Bhaban, 1,Segunbagicha, Police Station- Ramna, District-Dhaka, represented by its Chairman. 2. The Commissioner of Customs, Customs House, Chittagong, P.S. Bander, Chittagong. 3. The Commissioner of Tax, Taxes Zone-1, Chittagong. 4. The Assistant Comm......62 and Tk. 1,43,43,175.97 should not be declared to have been made without lawful authority and of no legal effect, and/or pass such other or further order or orders as to this Court may seem fit and proper.” 4. Upon perusing the judgment passed in Writ Petition No. 9729 of 2012 it appears tha......o the writ petitioners. In the result, these rules are made absolute. However, there shall be no order as to cost. Mohammad Ullah J. - I agree. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 25 Jul, 2013 | Hits: 121
Chow Wen Chang and others Vs. SF Winsome Fashion Ltd. and others, 2013, 42 CLC (HCD)
....The respondent No.3 is directed to pay cost of Taka 50,000 to petition No.1 and Taka 50,000 to petitioner No. 2 within 30 days. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 584. ......s also Reported in: 65 DLR (HCD) (2013) 584. ......3. The respondent No. 6 is a private limited company represented by its Managing Director M A Sadeq, i.e. the respondent No.3. The respondent No. 7 is an alleged subsequent purchaser of the properties belonging to respondent No.1 company; that the petitioners filed this application for rec......The respondent No.3 is directed to pay cost of Taka 50,000 to petition No.1 and Taka 50,000 to petitioner No. 2 within 30 days. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 584. ..Category: Company Law | Date: 24 Jul, 2013 | Hits: 10
....respondents No.2-4 treating the same as a proper miscellaneous case after hearing both sides forthwith.
Communicate at once.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2013) 1.
...... Jurisdiction)
Present:
Md. Ashfaqul Islam J
Md. Ashraful Kamal J
Bangladesh Development Bank Limited...................Petitioner
Vs.
Judge, Artha Rin Adalat, Jessore and others..............Respondents
Judgment
July 24, 2013.
Result:
The Rule is ......shy;ered by the petitioner-bank. The petitioner Bank published auction notice in the 'Daily Janakantha' on 9-2-2011 and the 'Daily Lokshomaj' on 10-2-2011 for selling of the mortgaged property in auction. A number of bids were submitted and highest bid was submitted by one ......respondents No.2-4 treating the same as a proper miscellaneous case after hearing both sides forthwith.
Communicate at once.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2013) 1.
..
Category: Banking Law | Date: 24 Jul, 2013 | Hits: 10
....e benefits to the petitioners counting their service period in the development project.
There will be no order as to costs.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 157
......in: 67 DLR (HCD) (2015) 157
......rity and related service benefits to the petitioners and count their service period in the development project and/or pass such other or further order or outers as to this Court may seem fit and proper.
2. At the time of hearing at the outset the learned Advocate for the petitioners submit......missions of the learned Advocates.
11. It appears that the petitioners were working in a development project from 1993 and were transferred to the revenue set up in 2009. The only point for adjudication in the instant Rule is that whether the petitioners would get seniority from the dale o..
Category: Administrative Law, Employment/Service Law | Date: 8 Jul, 2013 | Hits: 3
Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)
....stablished; (ii) those circumstances should be of a definite tendency unerringly pointing towards the guilt of the accused; (iii) the circumstances taken cumulatively should form a chain no complete that there is no escape from the conclusion that crime was committed by the accused and els......ellip;…………………………..Respondents Judgment June 20, 2013. Result: All the appeals are allowed. Where a grave and heinous crime has been committed but in absence of any satisfactory proof of the guilt, in this ......to place before the court all available witnesses irrespective of their evidence being favourable or unfavourable. Where a necessary witness mysteriously not cited as witness, the court may properly draw an inference adverse, to the prosecution. If a material witness has been delibera......f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129. ..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3
Afazuddin Fakir (Md.) Vs. MH Rahman and others, 2013, 42 CLC (HCD)
.... appeal lies as an appeal from an order, or b) Any order of dismissal for default. Explanation: A decree is preliminary when further proceeding have to be taken before the suit can be completely disposed of. It is final when such adjudication completely disposes of the suit. It may b......igh Court Division (Civil Revisional Jurisdiction) Present: Md. Nuruzzaman J Farid Ahmed J Afazuddin Fakir (Md.)...................Petitioner Vs. MH Rahman and others..............Opposite Parties Judgment June 17, 2013. Result:......d with the Miscellaneous Case in accordance with law. Send down the lower Court records with copy of this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 581 ......order has been given in Sections 2(2) and 2(14) of the Code respectively which are as follows: Defination of Decree: "2. (2): "decree" means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of..Category: Property Law | Date: 17 Jun, 2013 | Hits: 4
Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)
....h the above observations. Let a copy of this judgment be communicated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ......nbsp; AHM Shamsuddin Chowdhury J Wadud Mollah (Md.)........................Petitioner Vs. Md. Nayem and Another………………....Respondents Judgment ......urt Neither the accused has any right to claim bail nor the Court has uncontrolled power to enlarge him on bail when it is non-bailable offences. Court can exercise its discretionary power upon proper application of judicial mind and this exercise should not be arbitrary lest the ends of justi......h the above observations. Let a copy of this judgment be communicated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ..Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3
Monowara Begum Vs. Government of Bangladesh others, 2013, 42 CLC (HCD)
....granted earlier by this court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 476. ......nt SM Emdadul Hoque J. — On an application of the petitioner Monowara Begum under section 115 (1) of the Code of Civil Procedure, the Rule was issued calling upon the opposite party Nos. 1 and 2 to show cause as to why the impunged judgment and decree dated 24-5-1997, passed by the learne......5 of 1993 in the Court of Senior Assistant Judge, Nalchity, Jhalakati for declaration that the decree passed in Title Suit No. 351 of 1975 is illegal, void and for further declaration that the vested property proceeding in respect of the suit land is legal and lawful. 3. The further c......ndant No.2 filed an application before the Additional Deputy Commissioner, Jhalakati for releasing the suit land from the VP list. The ADC (Rev) sent the case record to the Ministry of land for final adjudication. The Ministry sought for legal opinion from the vested property lawyer and the vested p..Category: Civil Law, Property Law | Date: 16 Jun, 2013 | Hits: 2
Moulana Development Co. Limited Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)
....y violate the provision of section 117A of the Income Tax Ordinance 1984, but also be violative of the general time honored maxim ‘delegateri ‘non-delegeree’ The impugned letter contends that a completely different person, other than the authorized tax executive, has been included in the monit......s to show cause as to why the impugned letters being নথি নং ৩০৫-২০০-৪৯৩৯/২০১২-১৩/২০০৮ তারিখ ০৪.৭.২০১২ইং (Annexure-C) and letter being নথি নং- টাস্কফোর্স/ উৎস কর কর্তন/......-2, Chittagong respondent No. 3 should not be declared illegal without lawful authority and is of no legal effect and/or such other or further order or orders passed as to this court may seem fit and proper”. 2. It has been asserted in the writ petition that the assessee-writ-petitioner is a pr......t relates to the previous assessment years other than the current assessment years. However, there shall be no order as to costs. Mohammad Ullah J. - I agree. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 12 Jun, 2013 | Hits: 86
Nazrul Islam (Md.) & others Vs. Mahfuzur Rahman and others, 2013, 42 CLC (HCD)
....order along with the lower Court s record be sent down to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 126. ......diction) Present: ANM Bashir Ullah J Nazrul Islam (Md.) & others……………………Defendant-Petitioners Vs. Mahfuzur Rahman and others.................Plaintiff-Opposite Parties Judgment May 21, 2013. Result: ......sistant Judge, Shariakandi, Bogra in Eviction Suit No.57 of 1997 dismissing the suit, should not be set-aside and or pass such other or further order or orders as to this Court may seem fit and proper. 2. The facts leading to the issuance of the Rule in short, is that the present opposite......order along with the lower Court s record be sent down to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 126. ..Category: Property Law | Date: 21 May, 2013 | Hits: 6
Moon Construction Company Limited Vs. Government of Bangladesh & others, 2013, 42 CLC (HCD)
....ations and application of the petitioner, respondent No. 2 cancelled the work order of the petitioner by his Memo dated 30-10-2011. Thereafter, a measurement was made by the parties in respect of the completed work till cancellation of work order. In view of that, the running bill of Taka 68, 18, 85......bsp;of the Constitution of Bangladesh, 1972 Due Process And Reasonable And Non-Arbitrary Laws And Procedure- A person may be destructively treated not only by action, but also by inaction and inaction may contravene the Article, when it is arbitrary and unreasonable. In the instant ......SP/NC/ctg.Khulna/Tender-596/2005/53 dated 26-6-2006 respectively issued by respondent No. 2 (Annexure-H and H (1) and/or such other or further order or orders passed as to this Court may seem fit and proper.” 2. The averments figured in the petition, in generating factual instruments are ....... Oziullah, Advocate- For the Petitioner Sarwar Ahmed, Advocate- For Respondents Nos. 1 and 2 Writ Petition No. 3746 of 2012 Judgment A.B.M. Altaf Hossain J.- The Rule under adjudication issued, on 7-5-2012, was in the following terms: “Let a Rule Nisi be issued ..Category: Constitutional Law | Date: 16 May, 2013 | Hits: 4
ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)
....charged without any orders as to costs.' Communicate the judgment to the court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9. ......dalat No.2, Dhaka & another..................Respondents Judgment May 15, 2013. Result: Both the rules are discharged. Artha Rin Adalat Ain (VIII of 2003); Sections 10(1) and 19(2) Section 10 of the Ain, 2003 does not provide any provisions for filing applications a......n Adalat Ain, 2003 should not be declared to have been passed without lawful authority and are of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 3. In Writ Petition No. 9436 of 2012 the Rule Nisi was issued calling upon the responde......charged without any orders as to costs.' Communicate the judgment to the court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9. ..Category: Corporate Law, Others | Date: 15 May, 2013 | Hits: 8
91599365936492148891894096209596837996248939958689819623905196288380936893588965