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....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.
......ontested the Rule. They at the very beginning reiterated to their previous stand on maintainability and stated that the present writ petition is not maintainable in the facts and circumstances of the case. The registration by the EC to BJI is not a final decision. It is a provisional/interim decisio......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..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
....নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮)
(..to be continued at CLC ID ( 9365 )
......es—For the Respondent Nos.1-2.
Md. Mohsen Rashid with Tawhidul Islam, Advocates-For the Respondent No. 4.
Writ Petition No. 630 of 2009
Judgment
M Moazzam Husain J.- In this case a rule nisi was issued calling upon the respondents to show cause as to why the registration (R......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..
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:
...... and therefore, the provisions of section 156(6) of the Ordinance was complied with from the date of receiving the common appeal order of remand from the Tribunal. He next submits that in the instant cases the AJCT was legally justified in deciding that the appeals were dispose of/decided within tim......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)
....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: ...... S. H. Md. Nurul Huda Jaigirdar J Nur Jahan Akhtar, Director of Medona Garments Limited, 28, Mohakhali, C/A, Dhaka-1212………………Applicants (In all the cases) Vs. The Commissioner of Taxes, Taxes Zone-3, Ayesha Monzil, 35, Pioneer Road, ......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)
....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. ......st opportunity. 'Earliest' do not mean after thought, after filing written statement and after framing of issues. When defendant appeared in the suit, he appeared with the knowledge of plaint case as such defendant having all the knowledge of plaint should decide whether to bury the suit at ......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..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 ...... The Petitioner contends that in each such case, going by the very nature of the work assigned being temporary, each contractual period ranged ......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
....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:
......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)
....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 ......e the owners of the suit land and other properties. Moulvi Basiruddin was killed by the miscreants in the year 1967 when plaintiffs No. 2-5 were all minors. Defendant No.1 came forward to conduct the case regarding murder of Moulvi Basiruddin as tadbirkar. Plaintiff No.1 being a helpless widow place......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..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: ......ohd. Kawsar Alam, drawn the attention of this court to the fact that the constitutionality of Rule 17A of the Income Tax Rules 1984 has already been considered in Writ Petition No.9729 of 2012 in the case of M/S. Tania Enterprise-Vs-The National Board of Revenue by this court on 13.1.2013 and a simp......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)
.... 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: ......quired to be proved on taking evidence, the High Court Division exercising its extra-ordinary jurisdiction under Section 561A of the Code of Criminal Procedure cannot decide the factual aspect of the case. The HCD cannot decide the factual aspect of the case, which is to be decided in the trial cour...... 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)
....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. ......ustitiae The entire transaction of the landed property was fraudulent and the illegal and was done to secure unlawful gain to petitioner No. 1. Fraud vitiates everything. Besides, in such a case, the corporate veil is to be lifted to find out the real culprits and to undo the misdeed for e.......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..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.
...... section 19 of Ain, the Adfilat rightly restored the suit in its original file and number after setting-aside the ex parte decree in terms of section 19(4) of Ain and there is no scope in the instant case to initiate a miscellaneous case to consider whether summons were duly served or whether t......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
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. ......b Miah J Syed Mahmud Hossain J AHM Shamsuddin Chowdhury J Sarwar Hossain Moni (Md.)........Petitioners (In both cases) Vs. State and another…………………&helli......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. ..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. ...... allowed. There is no absolute bar in filing a petition of complaint before expiry of thirty days of the receipt of the notice issued under clause (b) of the proviso to section 138 as created in case of filing a petition of complaint after expiry of one month of the date on which the cause of a......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. ..Category: Others, Procedural Law | Date: 23 Jul, 2013 | Hits: 9
Mati alias Md. Matiar Rahman Vs. State, 2013, 42 CLC (AD)
....304 of the Penal Code, he is hereby sentenced to rigorous imprisonment for ten years. The sentence imposed by the High Court Division is accordingly modified. Ed. This Case is also Reported in: ......accused appellant petitioner after converting his offence under section 302/34 to 304 part I of the Penal Code which means he was found guilty of culpable homicide not amounting to murder and in that case the section 304 part I prescribes two sentences imprisonment for life (which means 30 years as ......304 of the Penal Code, he is hereby sentenced to rigorous imprisonment for ten years. The sentence imposed by the High Court Division is accordingly modified. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 23 Jul, 2013 | Hits: 88
....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
......eriod in the development project as they are in the same footing. The learned Advocate further submits that the Ministry of law Justice and Parliamentary Affairs, have given their opinion in the case of officers and employees of the Ministry of Expatriate Welfare and Overseas Employees regulari......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 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. ......Suit No. 145 of 2006 pending before the Joint District Judge, 5"h Court, Dhaka has failed to comply the provision laid down in section 21A(b) of the Specific Relief Act, 1877. 2. In short the case of the plaintiff-petitioner is as follows: Ayurvedia Pharmacy (Dhaka) Ltd., represented b......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/..Category: Civil Law | Date: 7 Jul, 2013 | Hits: 13
Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)
....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. ......mitted but in absence of any satisfactory proof of the guilt, in this constriction, question of benefit of doubt favors the accused It is undoubtedly the duty of the prosecution in a case involving capital sentence to place before the court all available witnesses irrespective of th......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)
....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 ......ction 96 of the State Acquisition and Tenancy Act (Hereinafter referred as said Act) against the opposite parties in the Court of the Joint District Judge, Court No.1, Rajshahi for pre-emption of the case land. 3. The case land appertaining to CS Khatian Nos.1028 and 979 within Mouza Kapasia, P...... 96 of the State Acquisition and Tenancy Act (Hereinafter referred as said Act) against the opposite parties in the Court of the Joint District Judge, Court No.1, Rajshahi for pre-emption of the case land. 3. The case land appertaining to CS Khatian Nos.1028 and 979 within Mouza Kapasia, Police..Category: Property Law | Date: 17 Jun, 2013 | Hits: 4
Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)
....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. ......y lest the ends of justice may be defeated. Police have statutory right to arrest any person who appears to them to have been involved in the commission of such offence and investigated the case without permission of the Court. The police officer acting under section 156(3) is not a d......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
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