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M/S. Diplomat Garment (Pvt.) Ltd. Vs. The Commissioner of Customs, Customs House, Dhaka & ors., 2006, 35 CLC (HCD)

....d by opening back to back letter of Credit against master Letters of Credit sent by its foreign buyers, from time to time. The imported goods were stored without payment of the required customs duty, tax and other charges after proper declaration submit­ted with the authority and released from t......Bond/96/17407, evidenced by Annexure-E to the Writ Petition, is declared to be without lawful authority and of no legal effect. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 471. ......: 26 BLD (HCD) (2007) 471. ......Bond/96/17407, evidenced by Annexure-E to the Writ Petition, is declared to be without lawful authority and of no legal effect. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 471. ..

Category: Business or Commercial Law, Civil Law | Date: 25 May, 2006 | Hits: 5

Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)

....te a copy of the judgment and order at once to the concerned authority for information and necessary action in accor­dance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 657. ......te a copy of the judgment and order at once to the concerned authority for information and necessary action in accor­dance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 657. ...........Petitioner Vs. Bangladesh and others.........................Respondents Judgment May 25, 2006. Result: The Rule is disposed of. Cases Referred to- Md. Ali Hossain Vs. State, 5 MLR 299 = 52 DLR 282; Emperor Vs. Sm Sarojini De Chowdhury, AIR 1939 Cal 337; Keshav Datta Mi......al misconduct under section 5(1)(d) of the Prevention of Corruption Act of 1947. The payment of Taka six and half crore for construction of building on the said land was disproportionate to the known source of income of Hossain Md. Ershad, the respondent No.4 and he thereby also committed an offence..

Category: Criminal Law | Date: 25 May, 2006 | Hits: 43

Md. Abdul Hannan alias Khalil Vs. Sate and another, 2006, 35 CLC (HCD)

.... Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 291. ......ection 9(ga) keeping the sentence intact. Under section 35A of the Code of Criminal Procedure the period for which the appellant was in custody in connection with this case before conviction would be deducted from the sentence of imprisonment for life awarded to him. Send down the lower Court's......High Court Division (Criminal) Present: AKM Fazlur Rahman J Sayed Mohammad Ziaul Karim J Md. Abdul Hannan alias Khalil………………………Appellant Vs. The Sate and another……………………...........Respondents Judgment February 7, 2006. ...... Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 291. ..

Category: Women and Children | Date: 7 Feb, 2006 | Hits: 78

M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)

....e defen­dant No.1 herself or her constituted Attorney would execute and register the sale deed as soon as possible but the constituted Attorney of the defendant No.1 failed to obtain the in­come tax and gain tax clearance certificate and also failed to obtain the permission for sale from the R...... liberty to get the sale deed executed and registered through court in accordance with law. Send down the L.C.R. at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 41. ......t in accordance with law. Send down the L.C.R. at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 41. ...... liberty to get the sale deed executed and registered through court in accordance with law. Send down the L.C.R. at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 41. ..

Category: Property Law | Date: 15 Dec, 2005 | Hits: 8

Abdul Aziz & Government of Bangladesh Vs. Hindu Deity Luxmi Gobinda Jew & ors, 2006, 35 CLC (AD)

....the Civil Appeal No. 216 of 2000 is dismissed with cost of Tk. 500/- and the Civil Appeal No. 217 of 2000 is dis­missed without any order as to cost. Ed. This Case is also Reported in: ......the Civil Appeal No. 216 of 2000 is dismissed with cost of Tk. 500/- and the Civil Appeal No. 217 of 2000 is dis­missed without any order as to cost. Ed. This Case is also Reported in: ......7 of 2000 is dis­missed without any order as to cost. Ed. This Case is also Reported in: ......the Civil Appeal No. 216 of 2000 is dismissed with cost of Tk. 500/- and the Civil Appeal No. 217 of 2000 is dis­missed without any order as to cost. Ed. This Case is also Reported in: ..

Category: Property Law | Date: 8 Dec, 2005 | Hits: 90

World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)

....in the course of the argument are almost on all fours with the present case. In Logan vs Pyne it was held by the Supreme Court of Iowa that where a city had been authorised by its charter to license, tax and regulate omnibuses, it had no power to grant an exclusive right to run omnibuses within its ...... reasons assigned by the High Court Division in the impugned order, we do not find any illegality with the impugned judgment for our interference. The petition is, accordingly, dismissed. Ed. ......do not find any illegality with the impugned judgment for our interference. The petition is, accordingly, dismissed. Ed. ...... reasons assigned by the High Court Division in the impugned order, we do not find any illegality with the impugned judgment for our interference. The petition is, accordingly, dismissed. Ed. ..

Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331

Bangladesh Legal Aid and Service Trust (BLAST) Vs. Bangladesh & another, 2005, 34 CLC (HCD)

....ny legal sanction as such. 21. Under the British Rule, the District Magistrates used to appoint village panchayets for each village. It was empowered to appoint village choukiders and also to levy tax on the holdings of the villages under the provisions of various laws, in order to maintain the c......VI of 2003), is declared unconstitutional and void. 45. In the result, the Rule is made absolute but without an order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 156. ......…Petitioner Vs. Bangladesh & one another……………………………Respondents Judgment August 2, 2005. Result: The Rule is made absolute. Cases Referred to- Qudrati Elahi Panir etc. Vs. Government of Bangladesh, represented by the Secretary, Ministry of Local G......ment, as a concept and as an institution, was already known to have possessed certain common characteristics, namely, local elections, procedure for public accountability, independent and substantial sources of income, clear areas for independent action and certainty of powers and duties and the con..

Category: Constitutional Law | Date: 2 Aug, 2005 | Hits: 343

Humayun Hafiz (Md.), Intelligence Officer Vs. People's Republic of Bangladesh represented by the Secretary, Internal Resources Division, Ministry of Finance and others, 2005, 34 CLC (HCD)

....d be discharged as being not maintainable. In the result, both the writ petitions are discharged without, any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 609. ......d be discharged as being not maintainable. In the result, both the writ petitions are discharged without, any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 609. ......inistry of Finance and others..................................Respondents Judgment July 24, 2005. Result: The Petitions are discharged. It is now settled by our apex court that matters relating to or arising out of the terms and conditions of the persons in the service of t......in J Md. Ashfaqul Islam J Humayun Hafiz (Md.), Intelligence Officer.....................Petitioner Vs. People's Republic of Bangladesh represented by the Secretary, Internal Resources Division, Ministry of Finance and others..................................Respondents J..

Category: Administrative Law, Employment/Service Law | Date: 24 Jul, 2005 | Hits: 8

Khaled Ahmed Chowdhury Vs. State, 2005, 34 CLC (HCD)

....ind no merit in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 57 DLR (2005) 694.     ......ind no merit in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 57 DLR (2005) 694.     ......ivision (Criminal Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Khaled Ahmed Chowdhury…………………Petitioner Vs. State………………………………&...... he was a captain of DGFI and asked the informant to place the records of the case before him and thereafter he went away seeing the records. In the meantime, the informant came to know from reliable source that there was no such captain in DGFI. The accused-petitioner again came to the house of the..

Category: Limitation Law | Date: 13 Jun, 2005 | Hits: 2

Abdul Momen Chowdhury and others Vs. Bangladesh and others, 2005, 34 CLC (HCD)

....respondent No.1 is directed to provide necessary logistic support for the purpose to the respondent No.2. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 9.     ......respondent No.1 is directed to provide necessary logistic support for the purpose to the respondent No.2. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 9.     ...... Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 9.     ......lification B.Whether he is accused in any criminal case at present. C.Whether there was any past record of crim­inal case and the result. d. Profession/Occupation e. Source or sources of Income. f. Whether he was parliament member earlier and the role he played individua..

Category: Election Law | Date: 24 May, 2005 | Hits: 11

Sec. Min. of Works and Urban Dev., Govt. of BD & ors Vs. Rowshan Ara Begum & anr, 2005, 34 CLC (AD)

....urisdiction rejected the oral gift made by the original owner of the property to her daughter, Anwari Khatun, that claimant of the property has mutated her name in the record of rights and paying the taxes and other dues to different authorities and this fact is sufficient to show that the property ......background of the discussions made hereinabove we find merit in the appeal.  18. Accordingly, the appeal is allowed.  There is no order as to costs.  Ed.  ......made hereinabove we find merit in the appeal.  18. Accordingly, the appeal is allowed.  There is no order as to costs.  Ed.  ......background of the discussions made hereinabove we find merit in the appeal.  18. Accordingly, the appeal is allowed.  There is no order as to costs.  Ed.  ..

Category: Property Law | Date: 15 May, 2005 | Hits: 120

Bangladesh rep. by the Ministry of Works & ors Vs. Nasima Khatoon and others, 2005, 34 CLC (AD)

.... then DIT for construction of a three‑storied building thereon. She obtained electric connection on 20‑1‑1968 and mutated her name in Dhaka Municipality, WASA, etc and paid rent and taxes to the respective authorities. Their mother also constructed a three-­storied building the......rder of the High Court Division and, in view of the discussion made above, we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. ...... in view of the discussion made above, we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. ......rder of the High Court Division and, in view of the discussion made above, we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. ..

Category: Property Law | Date: 4 May, 2005 | Hits: 115

Ismail Hussain Posshari & anr Vs. District Land Acquisition Officer, Bogra & ors., 2006, 35 CLC (AD)

....eing barred by limitation. In view of the opinion expressed hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. ......eing barred by limitation. In view of the opinion expressed hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. ...... In view of the opinion expressed hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. ......eing barred by limitation. In view of the opinion expressed hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. ..

Category: Property Law | Date: 28 Mar, 2005 | Hits: 64

State Vs. Md. Nasim and others, 2005, 34 CLC (AD)

....he impugned judgment and order quashing the proceeding. 17. In view of the discussion made above we do not find any merits in the petitions. The petitions are, therefore, dismissed. Ed. ......he impugned judgment and order quashing the proceeding. 17. In view of the discussion made above we do not find any merits in the petitions. The petitions are, therefore, dismissed. Ed. ......uashing the proceeding. 17. In view of the discussion made above we do not find any merits in the petitions. The petitions are, therefore, dismissed. Ed. ......he impugned judgment and order quashing the proceeding. 17. In view of the discussion made above we do not find any merits in the petitions. The petitions are, therefore, dismissed. Ed. ..

Category: Anti-Corruption Laws | Date: 27 Mar, 2005 | Hits: 95

Bangladesh rep. by Sec., Ministry of Works Vs. Mojibur Rahman and others, 2005, 34 CLC (AD)

.... the argument advanced by Mr. B Hossain and accordingly, the appeal is dismissed without any order as to costs and the judgment and order passed by the High Court Division is affirmed. Ed. ...... the argument advanced by Mr. B Hossain and accordingly, the appeal is dismissed without any order as to costs and the judgment and order passed by the High Court Division is affirmed. Ed. ......ingly, the appeal is dismissed without any order as to costs and the judgment and order passed by the High Court Division is affirmed. Ed. ...... the argument advanced by Mr. B Hossain and accordingly, the appeal is dismissed without any order as to costs and the judgment and order passed by the High Court Division is affirmed. Ed. ..

Category: Property Law | Date: 27 Mar, 2005 | Hits: 101

Saber Hossain Chowdhury Vs. Bangladesh Election Commission and others, 2005, 34 CLC (AD)

....ence. As such this appeal must succeed. In the result, the appeal is allowed without any order as to costs. The findings and decisions of the learned Single Judge are set aside. Ed. ......ence. As such this appeal must succeed. In the result, the appeal is allowed without any order as to costs. The findings and decisions of the learned Single Judge are set aside. Ed. ...... succeed. In the result, the appeal is allowed without any order as to costs. The findings and decisions of the learned Single Judge are set aside. Ed. ......ence. As such this appeal must succeed. In the result, the appeal is allowed without any order as to costs. The findings and decisions of the learned Single Judge are set aside. Ed. ..

Category: Election Law | Date: 22 Mar, 2005 | Hits: 123

Anil Chandra Paul Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)

....en carrying on transport business in the name of Messrs Good Luck Transport Agency as its sole proprietor and having 50% share in Messrs Surma Paribahan Sangstha and submitted self-assessment, income tax return for the assessment year 2000‑2001, under section 83A of the Income Tax Ordinance, 1984 ......raised herein are required to be answered at this moment. With the above observations this reference application is disposed of. Ed. This Case is also Reported in: 57 DLR (2005) 756. ....... With the above observations this reference application is disposed of. Ed. This Case is also Reported in: 57 DLR (2005) 756. ...... Taka 5,41,77,208 (Taka five crore forty ­one lac seventy-seven thousand and two hundred and eight) only out of which Taka 5,40,00,000 (Taka five crore forty lac) were added as income under other sources as contemplated in section 19(5) of Income Tax Ordinance, 1984 and Taka 1,77,208 (Taka one l..

Category: Fiscal/Taxation Law | Date: 19 Mar, 2005 | Hits: 4

Abdul Halim Gazi and others Vs. Afzal Hossain & ors., 2005, 34 CLC (AD)

....made above we find substance in these appeals. In the result both the appeals are allowed without any order as to costs. The impugned judgment and order complained of are set aside. Ed. ......made above we find substance in these appeals. In the result both the appeals are allowed without any order as to costs. The impugned judgment and order complained of are set aside. Ed. ......esult both the appeals are allowed without any order as to costs. The impugned judgment and order complained of are set aside. Ed. ......made above we find substance in these appeals. In the result both the appeals are allowed without any order as to costs. The impugned judgment and order complained of are set aside. Ed. ..

Category: Election Law | Date: 15 Mar, 2005 | Hits: 168

Hazi Md Hossain @ Md Aowlad Hossain and others VS. Obaidul Haque & others, 2005, 34 CLC (AD)

.....  21. In the background of the discussions made hereinabove we find merit in the appeal.  Accordingly, the appeal is allowed. There is no order as to cost. Ed. .......  21. In the background of the discussions made hereinabove we find merit in the appeal.  Accordingly, the appeal is allowed. There is no order as to cost. Ed. ......ions made hereinabove we find merit in the appeal.  Accordingly, the appeal is allowed. There is no order as to cost. Ed. .......  21. In the background of the discussions made hereinabove we find merit in the appeal.  Accordingly, the appeal is allowed. There is no order as to cost. Ed. ..

Category: Civil Law | Date: 6 Mar, 2005 | Hits: 308

Government of Bangladesh Vs. Md. Abu Bakar, 2006, 35 CLC (AD)

.... illegality in the impugned judgment and order. There is, therefore, no substance in this appeal.  15. The appeal is dismissed without any order as to cost.  Ed. ...... illegality in the impugned judgment and order. There is, therefore, no substance in this appeal.  15. The appeal is dismissed without any order as to cost.  Ed. ......t and order. There is, therefore, no substance in this appeal.  15. The appeal is dismissed without any order as to cost.  Ed. ...... illegality in the impugned judgment and order. There is, therefore, no substance in this appeal.  15. The appeal is dismissed without any order as to cost.  Ed. ..

Category: Administrative Law | Date: 16 Feb, 2005 | Hits: 126