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Abdus Sattar Bhuiyan Vs. Abdur Razzaque and another, 2011, 40 CLC (HCD)
....sed instituted Title Suit No.183 of 2006 before the fourth Court of Joint District Judge, Dhaka for declaration of title over the suit land as described in the schedule of the plaint. The plaintiff also filed an application under Order XXXIX, rule 1 of the Code for temporary injunction restraining t......nected Civil Rule is accordingly disposed of. The trial Court is directed to dispose of the suit as expeditious as possible. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ...... 1 of the Code for temporary injunction restraining the defendants from entering into the suit land and disturbing him in his possession thereon. On the said application for temporary injunction, the trial Court issued notice upon the defendants. As they failed to appear, the learned Judge by order ...... Reported in: ..Category: Civil Law | Date: | Hits: 67
Ramjan Ali Mistry Vs. Md. Hedayelullah, 1978, 7 CLC (AD)
....urts below on the evidence on record were well founded in law in holding, that the tenant did not deposit the rent in compliance with the provisions of Rent Control OrdiÂnance, 1963. 2. There are some decisions of the Dacca High Court on the earlier Rent Control Act, the language of which is sub......td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this apÂpeal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183.......he Ordinance, to determine the point of default, and in this view of the matter an authoritative pronouncement of this differing interpretations, has become essential by this Court. 3. Whether the trial Court below, upon the finding that the trade licence of the tenant was in the name of UniÂver......lant Vs. Md. Hedayelullah………………………..Respondent Judgment February 27, 1978. Result: The appeal is disÂmissed. Cases Referred to- AK Fazlul Haq Vs. Nibaran Chandra Saha, (1967) 19 DLR 901; Mullah Mahbub Ali Vs. Jonab Ali, (1956) 8 DLR 448; Ananda Sundari Kar..Category: Property Law | Date: | Hits: 87
M/S Pak Jute Mills Ltd. Vs. Income Tax Officer and another, 1978, 7 CLC (AD)
....ed Company carrying on jute goods manufacturÂing business and it became a nationalised enterprise. It enjoyed tax-holiday u/s 16BB of the Income Tax Act. The Company declaÂred dividend at 10% and also issued bonus shares to the value of Tk. 50 lacs to the shareholders by capitalisation of its accu......share is not exempt from income tax. 13. As for this question whether the super tax is leviable, Section 55 provides that in addition to income tax there will be an addiÂtional duty of income tax called "super tax". Previously the super tax was also chargeable on the income of an individual, an ......10. Section 4(b) was inserted by the FinÂance Act, 1968 which reads thus;— "Nothing contained in sub-section (1) or sub-section 4(A) shall be deemed to exempt the following income of the inÂdustrial undertaking, namely (1) the amount representing the face value of any bonus share or the amoun...... Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J KM Subhan J Badrul Haider Chowdhury J M/S Pak Jute Mills Ltd…………………Appellant Vs. Income Tax Officer and another…………………Respondents Judgment August 17, 1978. Result: The appea..Category: Fiscal/Taxation Law | Date: | Hits: 131
Zaminur Rahman & others Vs. Bangladesh & others, 1978, 7 CLC (AD)
....nd all amounts collected as Octroi shall belong to the lessee and the lessee may, for collection, employ as many employees as he may deem necessary and the Paurashava shall keep such number of supervisory staff in the Octroi post leased out as may be necessary for supervision of the Octroi post and ......ition challenging the validity of notification as already mentioned. 2. The salient facts in the writ petition are that under section 33 of the Municipal Administration Ordinance, 1960 hereinafter called the Ordinance, Municipal Committee may levy a tax or Octroi on the import of goods and animal......uraged. In the above premises the appeal is disÂmissed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171.......-General, with M. Nurullah, Advocate, instructed by S.M. Huq, Advocate-on-Record - For the Respondents. No.2. Exparte - For the Respondent No.3. Civil Appeal No. 36 of 1977. (From the Judgment and Order dated the 2nd August, 1976 passed by the High Court Division in Writ Petition No.416 of 19..Category: Fiscal/Taxation Law | Date: | Hits: 112
Mullick Brothers Vs. Income Tax Officer and another, 1978, 7 CLC (HCD)
....ity as "Law" or ''existing law" in Bangladesh after the war of liberation fought against the regime responsible for proÂmulgation of Martial Law in 1969 and conseÂquent emergence of Bangladesh as a sovereign and independent state. On the 16th March, 1971 Bangladesh proclaimed independence and a Pr......essment years beginning from the year 1960-61 in terms of Martial Law Regulation No.32 of 1969 known as Income Tax (Correction of Return and False Declaration) Regulation dated 15.4.1969 (hereinafter called the Regulation) on malicious report from the informer taking advantage of the Martial Law pre...... premises the appeal is allowed but without any order as to costs. The impugned demand notices are declared to be of no lawful authority. Ed This Case is also Reported in: 31 DLR (AD) (1979) 165.......Appellate Division (Civil) Present: Kemaluddin Hossain C J K M Subhan J Badrul Haider Chowdhury J Mullick Brothers……………………….Appellant Vs. Income Tax Officer and another……………………………Respondents Judgment November 30, 1978. Result:..Category: Fiscal/Taxation Law | Date: | Hits: 122
Sonali Bank Vs. Mozaffor Hossain, 1997, 26 CLC (HCD)
....nt: AK Badrul Huq J Sonali Bank…………………..Petitioner Vs. Mozaffor Hossain………………….Opposite Party Judgment August 17, 1997. Result: The Rule is made absolute and the Order of stay stands vacated. Lawyers Involved: Md. Shahidul Haque, Advocate - ......66 of 1983 should not be set aside. 2. The only question that falls for determination in this Rule is whether the defendant opposite party had sufficient cause for non-appearance when the suit was called on for hearing and whether the impugned judgment and order of restoration of the suit on sett......t of Subordinate Judge, Barisal is set aside and the ex parte decree dated 30-7-1983 is maintained. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 174. ......AK Badrul Huq J Sonali Bank…………………..Petitioner Vs. Mozaffor Hossain………………….Opposite Party Judgment August 17, 1997. Result: The Rule is made absolute and the Order of stay stands vacated. Lawyers Involved: Md. Shahidul Haque, Advocate - For the..Category: Procedural Law | Date: | Hits: 80
Abdur Rahim Vs. Arifur Rahman and others, 1997, 26 CLC (HCD)
....enying all the material allegations of the plaint and contended, inter alia, that he never entered into any agreement for the sale of the suit property to the plaintiff at any point of time. It has also been contended in the written statement that defendant No.1 is his elder brother and they were in......tional District Judge, Chittagong in Other Appeal No.486 of 1988 reversing the judgment and decree passed by the learned Subordinate Judge, 2nd Court, Chittagong in Other Suit No.32 of 1983 have been called in question. By the impugned judgment the learned Additional District Judge reversed the judg...... learned Subordinate Judge, 2nd Court, Chittagong in Other Suit No.32 of 1983 have been called in question. By the impugned judgment the learned Additional District Judge reversed the judgment of the trial Court and dismissed the suit. 2. The petitioner as plaintiff instituted a suit for specific......Court High Court Division (Civil Revisional Jurisdiction) Present: Mahmudul Amin Choudhury J Gour Gopal Saha J Abdur Rahim........................Petitioner Vs. Arifur Rahman and others.......................Opposite Parties Judgment November 27, 1997. Result: N..Category: Procedural Law | Date: | Hits: 68
Mohor Ranjan Pal and others Vs. State, 1997, 26 CLC (HCD)
.... sent a letter to the Ministry of Home Affairs on 12-9-92 alleging that Md. Abdul Majid, another Inspector of the same department claiming himself to be a Mujibnagar Employee managed to get himself absolved in the erstwhile Narcotics and Liquor Directorate as an Inspector by creating a fake file bea......time of issuance of the Rules stand vacated. Let a copy of this judgment be sent to the learned Divisional Special Judge, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ......their prosecution and filed the same along with the charge-sheet; whereupon the Chief Metropolitan Magistrate took cognisance of the case and transferred it to the learned Metropolitan Magistrate for trial, and on 22-2-94 the learned Metropolitan Magistrate framed charges against the petitioners and...... Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ..Category: Criminal Law | Date: | Hits: 71
Aslam Vs. State, 1998, 27 CLC (HCD)
....in the FIR that the 4 storied Building in which the accused is said to have been residing belongs to one Sirajul Islam but in a different case started out of the same search in respect of recovery of some Phensidyl, it has been stated by the Investigating Officer that the accused has been residing i......ibunal Judge will, however, be at liberty to cancel the bail, if he finds any misuse of the privilege of bail by the accused-appellant. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 161....... goes to make a contradiction in respect of the ownership of the house from where these arms were recovered. He next submits that the charge sheet has been filed on 18-2-1996 and then it was sent for trial to the Special Tribunal and that the accused-appellant was arrested on 2-4-1996 and since afte......……..Appellant Vs. State…………………….Respondent Judgment January 10, 1998. Result: The appeal is allowed. Lawyers Involved: Jamiruddin Sircar with Taimur Alam Khandoker, Advocates - For the Appellant. Shueb Ahmed, Assistant Attorney-General - For the State. ..Category: Criminal Law | Date: | Hits: 65
Ihteshamur Rahman Vs. Masuda Khatun and others, 1998, 27 CLC (HCD)
.... Ihteshamur Rahman………………………Petitioner Vs. Masuda Khatun and others………………………Opposite Parties Judgment January 15, 1998. Result: The Rule is made absolute. Lawyers Involved: Divash Chandra Biswas for SS Halder, Advocates - For the Petitioner.......bject of this examination is to elicit from the witness all material facts within his knowledge relating to the party’s case. The adverse party has then the right to examine the witness and this is called cross-examination. The object of cross examination is two-fold to weaken, qualify or destroy ......tively within 3(three) months from the d of receipt of this order. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 159. ...... High Court Division (Civil Revisional Jurisdiction) Present: Mahmudul Amin Choudhury J Gour Gopal Saha J Ihteshamur Rahman………………………Petitioner Vs. Masuda Khatun and others………………………Opposite Parties Judgment January 15, 1998. Result: ..Category: Property Law | Date: | Hits: 66
....¦â€¦â€¦Petitioners
Vs.
Md. Afsaruddin being dead his heirs 1(ka) Maleka Khatun and others……………Opposite Parties
Judgment
May 13, 1997.
Result:
The result the Rule is made absolute.
Cases Referred to-
10 DLR 318; 22 CWN 575; AIR 1960 (Cal) 467; ILR (Cal) 873; IC 1940,......down the lower Court records immediately.
Cost assessed by the lower Court in respect of the share of the suit land is maintained.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 156.
......further case is that, he is entitled to purchase the undivided share of the suit plot which is the homestead and filed the petition suit to buy the suit land under section 4 of the Partition Act. The trial Court decreed the suit. Defendant No.1 preferred appeal and the appellate Court by its judgmen......maintained.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 156.
..
Category: Property Law | Date: | Hits: 63
Bainchitala Islamia Junior Madrasha Vs. Md. Abdur Rashid & others, 1997, 26 CLC (HCD)
....ala Islamia Junior Madrasha…………………Petitioner Vs. Md. Abdur Rashid & others………………….Opposite Parties Judgment March 2, 1997. Result: The Rule is made absolute. Cases Referred To- PLD 1974 (Lahore) 312; 22 DLR 500; 42 DLR 481; 32 DLR (AD) 96; PLD ......henidah in Miscellaneous Appeal No.54 of 1995 is set aside and the application dated 22-2-95 filed by the opposite parties is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 153....... That Miscellaneous Case was resisted by the present petitioner by filing a written objection wherein they have asserted that the summons of the suit was duly served on the defendants and the learned trial Court after recording evidence and hearing the parties dismissed the aforesaid Miscellaneous C......ment March 2, 1997. Result: The Rule is made absolute. Cases Referred To- PLD 1974 (Lahore) 312; 22 DLR 500; 42 DLR 481; 32 DLR (AD) 96; PLD 1974 (Lah) 312. Lawyers Involved: HN Nandi, Advocate - For the Petitioner. A Salam Khan, Advocate - For the Opposite Parties. Civil..Category: Property Law | Date: | Hits: 55
Doris Waldman Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....sts. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 151.......B and C are not sustainable in law, they having offended against the principle of natural justice. The petitioner, in our view, is also entitled to the remedies claimed by her on the basis of what is called ex-debito justitiae. 7. The orders contained in Memo No. E Bideshi-4 dated 25-11.95 (Annex......en made without lawful authority and are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 151..........Category: Criminal Law | Date: | Hits: 87
Shahnewaz Karim (Md.) Vs. State, 2009, 38 CLC (HCD)
....hnewaz Karim (Md.)…………………………………Petitioner Vs. State……………………..............Opposite Party Judgment April 13, 2009. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (V of 1898); section 561A The Magistrate has the ......led an application to the learned Additional Chief Judicial Magistrate, Brahmanbaria for taking of jimmy of the seized taxi cab in his favour with a promise to resubmit the same before the Court when called for to check total damage to the cab and the learned Magistrate in his order dated 10-7-2008 ...... cab, which is owned by the Navana Taxi Cab Company Ltd. leased out on rental basis is being damaged for keeping the same idle in an open place and is being destroyed causing huge pecuniary loss. The trial of the case will not be hampered if the taxi cab is given in the Jimma to its original owner w......stigate or to decide the ownership of the rival claimants of the property. The only consideration is of possession of the property at the time of commission of the alleged offence has to be gone into and decided before passing an order for the custody of the said property. Where the question is the ..Category: Criminal Law | Date: | Hits: 110
Islam Enterprise Vs. Commission of Taxes Zone-3, 2007, 36 CLC (HCD)
....(a) Whether on the facts and in the circumstances of the case the Appellate Tribunal was justified in confirming the order of the Appellate Joint Commissioner of Taxes without assigning any cogent reasons for rejection of the books of accounts? (b) Whether the Appellate Tribunal was justification......n respect of major items are stated to be wanted of proof or verifiability, etc. 18. It is now settled that as an assessee obliged to prove each and every item of expense claimed as and when he is called upon to and similarly, the Income Tax Officer is not bound to accept such expenses unless he ......he applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 59.......ommission of Taxes Zone-3………………respondents Judgment August 9, 2007. Result: The references are returned with answer to the questions relating to enhancement of the receipts and rejecting summarily the applications under section 173 of the Ordinance in the negative and agai..Category: Fiscal/Taxation Law | Date: | Hits: 97
Nasiruddin (Md.) Vs. State, 2009, 38 CLC (HCD)
....-05 passed by the special Tribunal No.7, Narayanganj in special Tribunal Case No.184 of 2005, convicting the accused under section 19(A) and (f) of the Arms Act sentencing him to suffer rigorous imprisonment for 14 years and 7 years, respectively, and further directing that both the sentences shall ......lace from which the arms and ammunition were recovered was a heap of cording behind the home of accused Nasir Miah. He further deposed that, while going to mosque at about 5-00 PM, the members of RAB called him and obtained his signature on a paper. He has deposed that he has heard about the fact of...... submitted a charge sheet No.81 on 2-4-2005, against the accused appellant under section 19(a) and (f) of the Arms Act. Finally, the case was transmitted to the Special Tribunal No.7, Narayangonj for trial and registered as Special Case No.184 of 2005, wherein a charge was so framed on 12-5-05 again......72 (SC); Kamruzzaman Vs. State, 1995 BLD 486 = 47 DLR 416; State Vs. Tayeb Ali, 1987 BLD (AD) 265 = 40 DLR (AD) 6; Krishna Mochil Vs. State of Bihar, 2002 SCC (Cri) 1220. Lawyers Involved: SB Bhandary, Advocate - For the Appellant. Kazi M Ejarul Haque, Deputy Attorney-General - For the Stat..Category: Criminal Law | Date: | Hits: 79
Abul Kashem Vs. AKM Golam Mostafa and others, 2009, 38 CLC (HCD)
....M Ziaul Karim J Abul Kashem.................Petitioner Vs. AKM Golam Mostafa and others..................Opposite Parties Judgment January 14, 2009. Result: The Rules are made absolute. Cases Referred to- Abdur Rahman Vs. Shamsunnahar Begum, 7 BLT (AD) 125; Md. Ismail Vs.......ated. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed This Case is also Reported in: 62 DLR (HCD) (2010) 44. ......the land transferred. 5. On the pleadings different issues were settled including the issue of maintainability, and the pre-emptors are entitled to get an order of pre-emption. 6. In course of trial the original pre-emptors examined four witnesses, co-pre-emptor examined two witnesses and pre...... 62 DLR (HCD) (2010) 44. ..Category: Administrative Law | Date: | Hits: 230
.... Registered Non-Government Primary School Managing Committee represented by its President and others………………Opposite Parties
Judgment
July 2, 2009.
Result:
The Rule is made absolute.
Cases Referred to-
Hussain Ahmed Chowdhury alias Ahmed Hussain Chowdhury Vs. Md. Nurul......lly dismissed without giving her any show cause notice. It appears from Exhibit 1, report of the TNO, that he did not find relevant resolutions regarding the plaintiff in the resolution book that was called for by the learned Assistant Judge, who on the basis of evidence, rightly held that the said ...... Court of the District Judge, Thakurgaon which was heard and disposed of by the learned Joint District Judge, Second Court, Thakurgaon who allowed the appeal, set aside the Judgment and decree of the trial Court and dismissed the suit on the finding that the plaintiff did not come to Court with clea......ction)
Present:
Md. Azizul Haque J
Shefali Bala...............Petitioner
Vs.
Khalipur Pukurpara Registered Non-Government Primary School Managing Committee represented by its President and others………………Opposite Parties
Judgment
July 2, 2009.
Result:
The Rule ..
Category: Employment/Service Law | Date: | Hits: 118
....sal of these petitions are as under:
C.P. No. 1247 of 2011
2. This petition arose from the judgment of the High Court Division in Writ Petition No.8737 of 2008. In the High Court Division 49 persons filed the above writ petition seeking a direction upon the writ respondents who are petitioners......te jurisdiction. When there will be different opinions on a particular point, it will be difficult for the executive to follow the directions. Whenever, a Division Bench of the High Court Division is called upon to decide a question of law, it becomes its duty to ascertain whether any pronouncement ......
The leave petitions are disposed of with the above observations and modifications of the earlier as well as the impugned judgments.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 91.
......sain CJ
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
The Chief Engineer, the Local Government and Engineering Department, LGED Bhaban, Agargaon, Sher-E-Bangla Nagar, Dhaka…………………â€..
Category: Employment/Service Law | Date: | Hits: 147
State Vs. Md. Shahidul Islam and others, 2011, 40 CLC (AD)
....sion acquitting the accused-respondent No.1 of the charge under sections 302/34 of the Penal Code and the other respondents under sections 324/34 of the Penal Code including the absconding accused persons, some of whom were charged under sections 302/34 of the Penal Code. 2. Facts relevant for th......large the respondent Nos.2-6 on bail to its satisfaction, if they submit bail bonds and to take other accused including the respondent No.1 into the custody. Ed. This Case is also Reported in: ......ant for the disposal of this petition are that over an occurrence alleged to have been committed on 16th August, 2001, in which, one Ashid Mia had succumbed to his injuries, the respondents had faced trial of the above charges on the accusation that as per order of Shahidul Islam, all accused person......mad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J The State, represented by the Deputy Commissioner, Brahmanbaria…………………..Petitioner Vs. Md. Shahidul Islam and others………….Respondents Order June 23, 2011. Result: The Leave is granted. ..Category: Criminal Law | Date: | Hits: 69
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