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....no reason and logic, he could just sit over the matter.
With the above observations, this petition is dismissed.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 143
......no reason and logic, he could just sit over the matter.
With the above observations, this petition is dismissed.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 143
...... this petition is dismissed.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 143
......on of said prayers for refund and cancellation of registration made on 20-8-1998, the writ-petitioner received a notice dated 23-4-2003 issued by the Commissioner, informing it that there was no question of balance in the current account for refund rather there were arrears of Taka 3,90,44,058 ..
Category: Fiscal/Taxation Law | Date: 24 Sep, 2013 | Hits: 9
State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)
....and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority decisions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ......and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority decisions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ...... Court's Order The appeal is dismissed by majority decisions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ......e, it cannot be said that the delay in lodging the FIR is unexplained. Furthermore, one should not lose sight of the fact that in a case of this nature where the chastity of a maiden young girl is in question publicity and legal process is purposely avoided keeping in mind her future. There is no ga..Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7
Government of Bangladesh Vs. Md. Abdul Maleque Miah and 7 anothers, 2013, 42 CLC (AD)
....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 ......in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167 ......1 to file application to the Administrative Tribunal for making a complaint under section 166 of the Penal Code against the officers who failed to implement the Tribunal's order or orders in question and forwarding the same to a Magistrate having jurisdiction to try the offences. ..Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3
ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)
....eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500. ......e came to know about the interim stay-order on 17-11-2008, he stayed the operation of the impugned judgment showing deference to the interim stay-order passed by the High Court Division and in such a landscape, it cannot be said by any stretch of imagination that the learned trial Judge recorded the......records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500. ......lage at a distance of about 22 kilometres from the Chancery Building of Bangladesh Embassy and the expenditure incurred to the extent of 72,000 Dirhams were legally incurred and, as such, there is no question of incurring any criminal liability by the appellant on that count and since the appellant ..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
....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.
......nstitution of the Peoples Republic of Bangladesh, which proclaims that sovereignty belong to the people under the Article 7 of the Constitution. Article 7 has been declared in the landmark Eight Amendment Judgment as 'immutable' like the 'pole star' of the Constit...... and is of no legal effect.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 14.
......ne on the basis of the provisional constitution that has undergone several significant amendments in course of time. The impugned provisions of the impugned constitution have been amended further. No question of examining the validity of the registration of the BJI at this stage arises at all; exami..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
....নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮)
(..to be continued at CLC ID ( 9365 )
......he affidavit-in-opposition and the application as aforesaid, briefly, is that BJI, though a political party based on Islamic values, operates within the purview of the Constitution and the law of the land. BJI recognizes the legitimacy of the Republic and the Constitution. BJI is ready to make its c......ন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮)
(..to be continued at CLC ID ( 9365 )
......rocities including heinous and inhuman offences like genocide and crime against humanity. On that score only, as she argued, BJI has no moral right to do politics in Bangladesh. Back to the technical questions of law Mrs. Tania Amir pointedly submitted that the BJI constitution is inherently opposed..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
....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:
......2) of the Income Tax Ordinance, 1984.
S. H. Md. Nurul Huda Jaigirdar J.- I agree.
Ed.
This Case is also Reported in:
......licants
Vs.
The Commissioner of Taxes, Taxes Zone-3, Ayesha Monzil, 35, Pioneer Road, Kakrail, Dhaka………Respondent
Judgment
July 31, 2013
Result:
The question formulated to determination answered in the affirmative in favour of the department and aga..
Category: Fiscal/Taxation Law | Date: 31 Jul, 2013 | Hits: 3
Nur Jahan Akhtar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....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: ......e Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in: ......onzil, 35, Pioneer Road, Kakrail, Dhaka…………………….Respondents (In all the case) Judgment July 31, 2013. Result: The sole question formulated for determination is answered in the affirmative, in favour of the department. ..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. ......আর, খতিয়ান নং ১৭০৪ দাগ নং ১৭০৮ জমির পরিমাণ ৩.৪২৭৫ একর।” 3. It is the case of the plaintiff that the suit land is Waqf property, enlisted as per deed of 1 876, Sayadani Jobedatun Nessa Chowdhurani and by de......te this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ......pter. 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 made by the Admini..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 ......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 ......called and vacated. There are no Orders as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 551 ......e terms of the Rules Nisi issued, these being in turn informed by the Impugned Orders issued. 3. The First Labour Court took due note of the competing standpoints of the parties before it on the question of jurisdiction vesting in the Labour Court either under section 33 or section 213 of the A..Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7
.... to start fresh process to lease out the fishery in question in accordance with the provisions of the Nitimala 2009. The respondents are directed to allow the petitioner four months time to hand over possession of the fishery in question and also to refund to the petitioner the proportionate lease m......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:
......ity Ltd. and others......................Respondents
Judgment
July 28, 2013.
Result:
The Petition is Disposed of.
Lawyers Involved:
Abdul Wadud Bhuiyan, Senior Advocate, instructed by Gaisudin Ahmed Advocate-on-Record- For the Petitioner.
Dr. Md. Ali, Advocate, instr......sed by the High Court Division. The direction to grant lease to one of the other two applicants’ Samity is set aside. The respondents are directed to start fresh process to lease out the fishery in question in accordance with the provisions of the Nitimala 2009. The respondents are directed to all..
Category: Civil Law | Date: 28 Jul, 2013 | Hits: 169
Zahir Fakir (Md.) and oth¬ers Vs. Hahma Khatun and others, 2013, 42 CLC (HCD)
....n 24-8-2004 on the finding that the disputed deeds and the papers 1/2 permission cases are false fabricated, and fraudulently obtained by the defendant respondent. But in the meantime plaintiffs lost possession in some portion of land so this appellate Court has not able to pass a decree in fav......this Court may seem fit and proper. 2. The short facts for disposal of the rule is that Maulvi Basiruddin, husband of plaintiff No.1 and father of plaintiffs Nos. 2-5 were the owners of the suit land and other properties. Moulvi Basiruddin was killed by the miscreants in the year 1967 when plai......y action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 240 ......amed in accordance with the instruction of the plaintiffs so the plaintiffs withdrew it on 18-2-1998 with leave to sue afresh. Thereafter the plaintiffs obtained certified copies of the deeds in question, gathered definite knowledge of those deeds and filed the instant suit. 3. The defenda..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: ......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: ......re made absolute. However, there shall be no order as to cost. Mohammad Ullah J. - I agree. This Case is also Reported in: ......ition Nos.1335-1336 of 2013. Writ Petition No.1337 of 2013. Judgment AFM Abdur Rahman J.- All these 13 (Thirteen) Writ Petitions, as mentioned in the cause title, Having involved the similar question of law and based upon identical factual aspects, all of them have been heard together and n..Category: Fiscal/Taxation Law | Date: 25 Jul, 2013 | Hits: 121
Younusuzzaman (Badal) Vs. State and another, 2013, 42 CLC (HCD)
.... 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: ......f this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ......Complainant and Zaman Dyeing & Fabrics Ltd. but the Company has not been implicated as accused, the complainant instituted this proceeding without implicating the principal accused, the cheque in question being issued on behalf of the company, namely Zaman Dyeing & Fabrics Ltd. a private com..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)
....52 dated 17-5-2010 respectively; That after the incorporation, the respondent No.1company was managed by the respondent No.3 as its Managing Director. All documents and register book were in the possession of the respondent No.3. At the end of 2010, when the petitioners enquired regarding the h.......Respondents Judgment July 24, 2013 Result: The application is allowed Unlawful Gain was Fraudulent and the Illegal Exdebito Justitiae The entire transaction of the landed property was fraudulent and the illegal and was done to secure unlawful gain to petition......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. ...... are liable to be rectified by omitting 11,500 shares shown to have allotted to the respondent Nos.3, 4 and 5 in the manner and aforesaid. The learned advocate also submits that even the allotment in question is illegal for violating the provisions of section 155(1) of the Act. He next, emphatically..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.
......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.
......ous case after hearing both sides forthwith.
Communicate at once.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2013) 1.
......ch the application under section 19(4) of Ain, 2003 was hopelessly barred by limitation and the impugned judgment and order dated 25-09-2011 have been wrongly passed having not deciding the question of limitation as such is liable to be declared to have been passed without lawful auth..
Category: Banking Law | Date: 24 Jul, 2013 | Hits: 10
Sarwar Hossain Moni (Md.) Vs. State and another, 2013, 42 CLC (AD)
....iewed in affirming the judgment and order passed by the High Court Division and accordingly, both these petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 283. ......iewed in affirming the judgment and order passed by the High Court Division and accordingly, both these petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 283. ......Court Division and accordingly, both these petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 283. ......r dated the 10th day of February, 2011 passed by the Appellate Division in Criminal Petition for Leave to Appeal Nos.478-479 of 2010) Judgment Md. Abdul Wahhab Miah J. - The parties and the questions involved in the two petitions being same, both these review petitions are disposed of by t..Category: Criminal Law | Date: 24 Jul, 2013 | Hits: 8
Zahidul Islam (Md.) Vs. Md. Kamal Hossain and another, 2013, 42 CLC (AD)
....irected to proceed with the trial of the Sessions case in accordance with law and dispose of the same expeditiously. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 180. ......irected to proceed with the trial of the Sessions case in accordance with law and dispose of the same expeditiously. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 180. ...... case in accordance with law and dispose of the same expeditiously. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 180. ......t for disposal. The respondent filed an application before the High Court Division under section 561A of the Code of Criminal Procedure (the Code) for quashing the proceedings of the Sessions case in question, mainly, on the ground that statutory notice demanding from the respondent the payment of t..Category: Others, Procedural Law | Date: 23 Jul, 2013 | Hits: 9
....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
...... in the development project.
There will be no order as to costs.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 157
......ssued by the Deputy Secretary, Ministry of Health and Family Welfare (Annexure C). In such view of the matter, petitioners' seniority will be determined from the said date.
15. The next question from which date the petitioners' salary, leave and other service benefits is to he dete..
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)
....le of any immovable property can be specifically enforced unless- (a) the contract is in writing and registered under the Registration Act, 1908, whether or not the transferee has been taken possession of the property or any part thereof; and (b) the balance amount of consideration......acy (Dhaka) Ltd., represented by its Managing Director, A.P.M. Fakrul Islam Munshi of 8/1 and 8/2, Armenian Street under P.S. Kotwali, Dhaka entered into an agreement on 02.01.2000 to purchase the land described in the schedule, at a consideration of Tk.2, 34, 00,000/-out of which Tk.78, 00,000/......bi and others………………………………Respondents Judgment July 7, 2013. Result: The is hereby dismissed Lawyers Involved: Quamrul Islam Siddique, Advocate instructed by Mohd. Nawab Ali Advocate-on-record- For the Petitioner. Fida M. Kamal, Advocate......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
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