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....
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……………………Respondents
......e of the basic structures of the Constitution, and with a view to upholding the principles of constitutionalism, democracy and rule of law in the country. The EC, keeping in mind the necessity of the time, the spirit of democracy and articles of faith vis-a-vis the constitutionalism, went for libera......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.
......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
....sdiction)
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……………………Respondents
......herefore, void ab initio and liable to be struck down. More so, the registration was given as of political expediency in order to ensure participation in election of a major political alliance of the time which is illegal and beyond power of the Election Commission.
6. Respondent No. 1 (BJI) ap......নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮)
(..to be continued at CLC ID ( 9365 )
......নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮)
(..to be continued at CLC ID ( 9365 )
..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
....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:
......y a common order dated 31.07.2003 decided the appeals on merit giving certain relief to the assessee for all the assessment years but the grounds that the appeals were not disposed of on merit within time was not considered by the AJCT for the aforesaid assessment years. Rather, he on examination of......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:
......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)
....161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in: ......y a common order dated 31.07.2003 decided the appeals on merit giving certain relief to the assessee for all the assessment years but the grounds that the appeals were not disposed of on merit within time was not considered by the AJCT for the aforesaid assessment years. Rather, he on examination of......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: ......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)
....n 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 authorises the Administrator to decide the question whether a particular property is waqf property or not and the order......II, 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 authorises ......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. ......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)
.... to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 551 ......; Remarks (Filing of Section 213 application 01 4720 of 2012 20-7-2011 05-8-2011 In time 02 4721 of 2012 20-7-2011 ......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 ......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 ..Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7
....ishery in question and also to refund to the petitioner the proportionate lease money for the unexpired period of the lease.
Ed.
This Case is also Reported in:
......igh Court Division by the impugned judgment and order made the Rule absolute holding that the lease agreement executed in favour of the writ respondent No.6 stands rescinded ab-initio and at the same time directed the writ respondent No.2 to implement the decision of the Upozilla Jalmahal Management......d over possession of the fishery in question and also to refund to the petitioner the proportionate lease money for the unexpired period of the lease.
Ed.
This Case is also Reported in:
......d over possession of the fishery in question and also to refund to the petitioner the proportionate lease money for the unexpired period of the lease.
Ed.
This Case is also Reported in:
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Category: Civil Law | Date: 28 Jul, 2013 | Hits: 169
Zahir Fakir (Md.) and oth¬ers Vs. Hahma Khatun and others, 2013, 42 CLC (HCD)
....Division (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J AKM Shahidul Huq J Zahir Fakir (Md.) and others..............Petitioners Vs. Hahma Khatun and others……………....Opposite Parties Judgment July ......er registered deed No.11764/75 transferred 0.60 acres of land to defendant Nos. 2 and 3. The plaintiffs also transferred 0.43 acres of land to defendant No.1 by sale deed No.8330/76. At the time of registering deed No. 8330 although plaintiff No. 3 was major, the Sub-Registrar thought her ......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 ......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)
....lso Reported in: ...... all the relevant taxes and duties at the relevant period. It has been categorically stated that the Customs Authority earlier did not demand 5% Advance Income Tax on the imported scrap vessel at the time of provisional assessment. But subsequently demanded 5% Advance Income Tax on the petitioners i......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: ......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
Younusuzzaman (Badal) Vs. State and another, 2013, 42 CLC (HCD)
....ment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ...... without any explanation of the said delay, as such the same is not a valid cheque in the eye of law as it was submitted for encashment after 4 years of its maturity and the liability if any become a time barred civil liability and clear violation of law and process as such, it is liable to be quash...... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ...... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 25 Jul, 2013 | Hits: 140
Chow Wen Chang and others Vs. SF Winsome Fashion Ltd. and others, 2013, 42 CLC (HCD)
....a 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. ......mpanies Act, 1994. As on the date of incorporation the authorized share capital of the respondent No.1 company was Taka 2,00,00,000 divided into 2,00,000 ordinary shares of Taka 100 each. At the time of incorporation, the paid-up capital of the respondent No.1 company was Taka 30,00,000 divided......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. ......The argument advance by the learned advocate Mr. Kamal-ul-Alam would have substance if the investment were made for any illegal purposes, for instances to finance drug trafficking, human trafficking, arms dealing etc, which is prohibited by law. Besides, his argument is contradictory and self-defeat..Category: Company Law | Date: 24 Jul, 2013 | Hits: 10
....ial Original 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:
......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.
......er as plaintiff filed Artha Rin Suit No. 83 of 2004 in the Court of Judge, Artha Rin Adalat, Jessore (hereinafter referred to as Adalat) against the respondent Nos. 2-10 praying for a decree for recovery of outstanding loan of Taka 64.28 lakh. The suit was decreed ex parte on 24-8-2004 (Annexur......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
....esent:
Tariq-ul-Hakim J
Abu Taher Md. Saifur Rahman J
Shahnaz Parveen and others.......................Petitioners
Vs.
Bangladesh, represented by the Secretary, Ministry of Heath and Family Welfare Dhaka and others..........................Respondents
Judgment
July......ment
Tariq-ul-Hakim J.— Rule Nisi has been issued calling upon the respondents to show cause as to why the impugned Memo dated 24-3-2008 (Annexure D) issued by the respondent No. 4 denying time scale and selection grade to persons in the revenue post who were transferred from the developm......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
......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
..
Category: Administrative Law, Employment/Service Law | Date: 8 Jul, 2013 | Hits: 3
Ayurvedia Pharmacy (Dhaka) Ltd. Vs. Meher Banu Bibi and others, 2013, 42 CLC (AD)
..... In that view of the matter the petition for leave to appeal is hereby dismissed Ed. This Case is also Reported in: 21 BLT (AD) (2013) 229. ......unt is paid. The learned counsel for the respondent has also brought to our notice about the provision of section 17A and 17B of the Registration Act where all pending unregistered agreement at the time of enforcing the law on 1st July, 2005 were required to be registered within the prescribed p......in which deserves our interference. In that view of the matter the petition for leave to appeal is hereby dismissed Ed. This Case is also Reported in: 21 BLT (AD) (2013) 229. ......in which deserves our interference. In that view of the matter the petition for leave to appeal is hereby dismissed Ed. This Case is also Reported in: 21 BLT (AD) (2013) 229. ..Category: Civil Law | Date: 7 Jul, 2013 | Hits: 13
Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)
....ondent 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. ......nce adverse, to the prosecution. If a material witness has been deliberately kept back, then a serious reflection is cast on the validity of the conviction. No evidence that at or about the time of murder, no third person, excepting the appellants and the deceased were present at the place......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. ......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)
.... June 17, 2013. Result: The Rule is made absolute. Cases Referred to- Abul Khair Vs. Pubali Bank Ltd, 53 DLR (AD) 62; Abul Masud Khan Vs. Khan Mohammad Abdullah Rahmatullah, 47 DLR 143. Lawyers Involved: Md. Abdul Jabbar, Advocate—For the Petitioner......lication before this Division and obtained the present Rule. 6. Mr. Abddul Jabbar, the learned Advocate has appeared for the petitioner and submitted that he has taken 3 grounds and today at the time of hearing of the Rule he also filed a supplementary affidavit in Court stating additional grou......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 ......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 ..Category: Property Law | Date: 17 Jun, 2013 | Hits: 4
Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)
....opy 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. ......s, how could it direct the court to grant him regular bail? This direction is uncalled for arid deprecated. High Court Division should not give any sort of direction upon the Courts below at the time of disposal of an application for anticipatory bail. It may either admit the accused on ba......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. ......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
Moulana Development Co. Limited Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)
....bdur Rahman J Mohammad Ullah J Moulana Development Co. Limited, 980/Access road, Agrabad Chittagong represented its Managing Director Muhammad Abdul Quader Zilany…....Petitioner Vs. 1. National Board of Revenue, NBR Building, Segunbagicha, Dhaka, represented by its Chairman. 2. Comm......d to be examined pursuant to the provision of section 117A of the Income Tax Ordinance 1984, hence, the instant writ petition is a misconceived one and the rule is liable to be rejected. 7. At the time of hearing of the rule, the learned Advocate Mr. Mosharaf Hossain, appeared on behalf of the wr......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: ......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
Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)
....e Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58. ......ther notice was duly served or not upon the accused-respondent at its correct address or upon its authorized agent or upon himself, all these are questions of facts which are to be ascertained at the time of trial by the trial Court by appreciating evidence adduced by the parties not by the Hig......t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58. ......t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58. ..Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10
Grameen Telecom Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....ssioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ......Assessee-applicant filed an appeal before the Commissioner of Taxes (Appeal), being No. 546/Coy-07/Taxes Zone-03/2003-2004, but the Commissioner of Taxes (Appeal), on the plea that the said appeal is time barred, rejected the same. 4. Being aggrieved with and highly dissatisfied by the said order......o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ......o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. 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: 5 Jun, 2013 | Hits: 86
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