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Nuvista Pharma Limited Vs. Chairman, National Board of Revenue & ors, 2010, 39 CLC (AD)

....der. In the premises we do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 302. ...... Murad Reza, Additional Attorney General, instructed bv B. Hossain, Advocate-on-Record—For the Respon­dents. Civil Petition for Leave to Appeal No.2592 of 2010. (From the judgment and order dated 27.10.2010 passed by the High Court Division in Writ Petition No.4968 of 2007.) ......o the office of the Circle Superintendent, Customs, Excise & VAT. The respondent authority issued demand notices for payment of arrear VAT/evaded VAT on time after each year audit by the local revenue audit in accordance with law. 9. The VAT Act, 1991 is a special law enact­ed for real..

Category: Business or Commercial Law | Date: 4 Jan, 2010 | Hits: 4

Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)

.... The learned Additional District Judge, held that the plaintiff had been able to prove the plaint case that there had been long standing dispute between the plaintiffs and the defendant regarding the income and expenditure of the deity's property since 1972, that there is no existence of Kali Mo......so Reported in:61 DLR (HCD) (2009) 679. ......he result, the appeal is dismissed with costs. The connected Rule is discharged. Send down the lower Court records at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 679. ..

Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94

Zahirul Islam & others Vs. Government of Bangladesh others, 2009, 38 CLC (HCD)

....Dhaka prepared in the name of the petitioners to the settlement press for final publication. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 168       ......nts Judgment October 28, 2009.  Result: this Rule is made absolute. Cases Referred to- Romisa Khanam Vs. Bangladesh 61 DLR 18; Md. Abtab Ali Sheikh Vs. Director of Land Records, 58 DLR 397=11 MLR 226; Capital Co-operative Housing Society Ltd Vs. Bangladesh 45 DLR 2......Dhaka prepared in the name of the petitioners to the settlement press for final publication. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 168       ..

Category: Property Law, Tenancy Law | Date: 28 Oct, 2009 | Hits: 5

Md. Rezaul Kabir Vs. State and another, 2009, 38 CLC (HCD)

....py of this judgment and order be sent to the Special Judge and Sessions Judge, Mymensingh for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 482. ...... Present: Afzal Hossain Ahmed J Md. Abdus Samad J Md. Rezaul Kabir………………………..Accused-petitioner Vs. The State and another…………………………..Opposit......py of this judgment and order be sent to the Special Judge and Sessions Judge, Mymensingh for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 482. ..

Category: Anti-Corruption Laws | Date: 11 Oct, 2009 | Hits: 10

Tobarak Ali Bepari Vs. Hachen Kha Being Dead His Heirs 1(A) Razzak Kha and others, 2009, 38 CLC (HCD)

....tion money along with the compensation, so deposited by the pre-emptor. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 318. ......urt Division (Civil) Present: Md. Mamtaz Uddin Ahmed J Tobarak Ali Bepari…………………………Petitioner Vs. Hachen Kha Being Dead His Heirs 1(A) Razzak Kha and others…………………….Opposite Parties Judgment August 25, 2009. Result......nciples deduced in the aforesaid cases cited by the learned Advocate for the defendant-petitioners. Since the present suit was not for a declaration of title but for a declaration of the act of the revenue authority namely, the order of mutation outside the purview of law as illegal the same is ..

Category: Property Law | Date: 25 Aug, 2009 | Hits: 3

Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)

....n 7-2-2007 to 24-2-2007. 6. The appellant received the said notice in jail custody but did not have any access to his records and papers and did not have any opportunity of consultation with his income tax adviser and lawyers for preparing a statement of assets pursuant to the direction made in...... Court Division (Criminal Appellate Jurisdiction) Present: SM Dastagir Husain J Md. Raisuddin J Dr. Mohiuddin Khan Alamgir.................Convict-Appellant Vs. ACC and another....................Respondents Judgment July 13, 2009. Result: The a......d. Since the appellant is on bail, let him be released from the bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 107. ..

Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286

Jaharlal Bandapadhya and others vs. Most. Begum Jahanara, 2009, 38 CLC (AD)

....ourt Division. In such view of the matter we find not substance in this appeal. The appeal is dis­missed without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 155. ......t any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 155. ......ourt Division. In such view of the matter we find not substance in this appeal. The appeal is dis­missed without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 155. ..

Category: Property Law | Date: 13 Apr, 2009 | Hits: 74

Abdul Latif Howlader and others Government of Bangladesh and others, 2009, 38 CLC (HCD)

....e being vacant posts of similar scale available. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 280.   ......LD (HCD) (2009) 280.   ...... accordingly their salaries were approved. In course of time, out of the 41 persons dis­placed by the termination of the Forest Re­sources Management Project, 22 posts were transferred to the revenue budget and 19 em­ployees lost their jobs. One other displaced employee was absorbed into..

Category: Administrative Law, Employment/Service Law | Date: 21 Jan, 2009 | Hits: 1

MM Ali Ispahani Vs. MM Ispahani Ltd., 2008, 37 CLC (HCD)

.... Trust is being handed back to the learned Advocate for the Respondent Nos. 1 to 6 today. There is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 206. ......ial Original Jurisdiction) Present: Syed Refaat Ahmed J MM Ali Ispahani, son of Late Mirza Mahmood Ispahani, resident of Flat No.4 Mansion, Ispahani Colony Maghbazar, P.S. Ramna, Dhaka and others….................... Petitioners. Vs. MM Ispahani Ltd., 14-15 Motijheel ...... Trust is being handed back to the learned Advocate for the Respondent Nos. 1 to 6 today. There is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 206. ..

Category: Company Law | Date: 4 Dec, 2008 | Hits: 505

Habibur Rahman Molla Vs. State, 2008, 37 CLC (HCD)

....under Memo No. Dudak 103-2007/(Anu-2)/3152 dated 29-5-2007 submitted a statement of his assets through his Attorney Md. Zillur Rahman which was allegedly found disproportionate to his known source of income and thereby he is alleged to have committed the offence punishable under section 26(2)/27(1) ...... Result: The Rule is discharged. Interpretation of Statute The language of the statute is not always a decisive factor in determining whether the particular provision of a statute is mandatory or directory. The language of the statute cannot always be faultless, and this leaves room ......acated. Let a copy of this judgment and order along with the LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 1, 29 BLD (HCD) (2009) 227. ..

Category: Anti-Corruption Laws | Date: 20 Nov, 2008 | Hits: 157

Mohammad Nasim Vs. State and another, 2008, 37 CLC (HCD)

....ay a fine of Tk. 10,00,000/- in default to suffer rigorous imprisonment for 1(one) year and also confis­cated the properties acquired through im­proper means, disproportionate to lawful source of income in the name of the appellant and both the sentences shall run consecu­tively. 3. The i......sent: Md. Muzammel Hossain J Syed AB Mahmudul Huq J Mohammad Nasim……………………………………………………………………….Appellant Vs. The State and another…………………………………………………………………Respondents ......od of 4(four) months to the sat­isfaction of the learned Chief Metropolitan Magistrate, Dhaka. Communicate the order. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 483. ..

Category: Criminal Law | Date: 6 Aug, 2008 | Hits: 4

S.M. Mohiuddin Hossain Vs. Jalalabad Co-Operative Housing Society Limited and others, 2008, 37 CLC (HCD)

.... time of issuance of the rule is hereby vacated. The lower courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 135. ......Md. Dabirush-Shan J S.M. Mohiuddin Hossain…………………………Petitioner Vs. Jalalabad Co-Operative Housing Society Limited and others………….Opposite Parties Judgment August 5, 2008. ...... time of issuance of the rule is hereby vacated. The lower courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 135. ..

Category: Civil Law, Property Law | Date: 5 Aug, 2008 | Hits: 4

State Vs. Metropolitan Police Commissioner, Khulna and others, 2008, 37 CLC (HCD)

....s on record that the girl’s mother is herself in custody on allegation of carrying illegal drugs. The father appears to have abused the girl by engaging her in carrying illegal drugs as a source of income for him and his family. So, although it would normally be in the best interests of any child ......pecial Original Jurisdiction) Present: Md. Imman Ali J Md. Emdadul Huq J The State.......................................Petitioner Vs. The Metropolitan Police Commissioner, Khulna and others..............Respondents Judgment July 22, 2008. Result: The Rule is disposed......y the Department of Social Services.  With the above observations and directions the Rule is disposed of. Md. Emdadul Huq J. - I agree. This Case is also Reported in: 60 DLR (HCD) 660. ..

Category: Women and Children | Date: 22 Jul, 2008 | Hits: 147

Kazi Salahuddin Vs. Kazi Badruzzahedin (Dabir) and others, 2008, 37 CLC (AD)

....into the affairs of the Wakf Estate with copy to the then Mutwalli Kazi Khairuddin Writ petitioner No. 1 to give his opinion on the application of the petitioner for Mutwalliship with statement of income and expenditure. The Inspector sent notices requesting both parties to remain present on 05....... Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Kazi Salahuddin……………….......Petitioner Vs. Kazi Badruzzahedin (Dabir) and others........Respondents Judgment July 22, 2008. Lawyers Involved: ......e does not call for interference by this court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 113. ..

Category: Trust/Waqf Law | Date: 22 Jul, 2008 | Hits: 166

Unilever Bangladesh Ltd. Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (HCD)

....s manufactured by the petitioner company as mentioned in both the Writ petitions. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 156. ......al Original Jurisdiction) Present: Mirza Hussain Haider J Mamnoon Rahman J Unilever Bangladesh Ltd. …………….Petitioner Vs. Chairman, National Board of Revenue and others………………Respondents Judgment June 11, 2008. Result: These R......foreign companies in violation of the provision of section 50 of the Customs Act, 1969 causing huge financial loss to the petitioner company as well as the same attempt shall ultimately effect the revenue collection of the country. The petitioner, being one of the highest tax payers of the count..

Category: Fiscal/Taxation Law | Date: 11 Jun, 2008 | Hits: 9

Tasmima Hossain Vs. Anti-Corruption Commission and others, 2008, 37 CLC (HCD)

....tion 109 of the Penal Code and also rule 15ঘ(5) of the Emergency Powers Rules, 2007, hereinafter referred to as the EP Rules, 2007 for acquisition of wealth disproportionate to his known sources of income and concealment of such wealth. 5. Definite case of the petitioner is that no notice und......aqul Islam J Tasmima Hossain..................................................Petitioner Vs. Anti-Corruption Commission, represented by its Chairman, Head Office: 1 Segunbagicha, Dhaka and others……………………………........ authority and as such, of no legal effect and accordingly, quashed so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 1. ..

Category: Anti-Corruption Laws, Criminal Law | Date: 8 Jun, 2008 | Hits: 7

Hormuz Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)

....s from the date of receipt of this judgment. There will be no order as to costs. Ed. This Case is also Reported in:  29 BLD (HCD) (2009) 271.       ......p;…Opposite Parties Judgment May 26, 2008. Result: The Rule is discharged. It is an admitted legal position that there is no limitation for filing a suit for partition and unless there is a total ouster of the right of a co-sharer from the ejmali property he shall be ......s from the date of receipt of this judgment. There will be no order as to costs. Ed. This Case is also Reported in:  29 BLD (HCD) (2009) 271.       ..

Category: Property Law | Date: 26 May, 2008 | Hits: 3

Harmuj Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)

....preferably within 6(six) months from the date of receipt of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 457.  ......ction to bring a suit for partition subsists even after dismissal of the earlier suit for default under rule 8 of Order 9 of the Code. There is no limitation for filing a suit for partition and unless there is a total ouster of the right of a co-sharer from the ejmali property he shall be......preferably within 6(six) months from the date of receipt of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 457.  ..

Category: Property Law | Date: 26 May, 2008 | Hits: 7

Mohd. Showkot Ali Vs. National Board of Revenue and others, 2008, 37 CLC (HCD)

....l authority and as such, of no legal effect and is accordingly, quashed for the ends of justice. Communicate at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 455. ......am J Mohd. Showkot Ali………………………………………………………….Petitioner Vs. National Board of Revenue, Represented by its Chairman, Segunabagicha, Dhaka and others……………………………………………………………………………........l authority and as such, of no legal effect and is accordingly, quashed for the ends of justice. Communicate at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 455. ..

Category: Criminal Law | Date: 18 May, 2008 | Hits: 3

Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)

....cause of the eviction of the plaintiffs from their one storied building, from the semi pucca family quarters and the 13 (thirteen) shops on 16.09.97 the plaintiffs are being deprived of their monthly income to the tune of taka 26,000/-, so they were entitled to get mesne profit at the said rate from......d in: 29 BLD (HCD) (2009) 347.   ...... were ultimately cancelled in Title Suit No.221 of 1964, but Rasheda Begum never took any attempt to set aside the said auction pur­chase by Ali Ahmed. In this regard we like to observe that in a revenue matter proceeding follows the land not the person, so even if Khiroda Sundari Daishaya and L..

Category: Property Law | Date: 13 May, 2008 | Hits: 5