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....tablish an un-democratic and unconstitutional regime, which is ant-ithesis of the 'free-will' of the people of Bangladesh, which is supreme as per Article 7 and thereby subverts the very root and basis of the Constitution of the Republic. It is however, unclear from BJI's party cons......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..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
....oever.
3. The petitioners placed on records huge materials regarding deviation of Jamaat from traditional Islam and stated that the faith of the petitioners, as far as statehood is concerned, is rooted back into the Medina Charter signed by Prophet Muhammad (pbuh) himself and countersigned by t......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..
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..
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, ..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 ..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 ..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:
..
Category: Civil Law | Date: 28 Jul, 2013 | Hits: 169
Zahir Fakir (Md.) and oth¬ers Vs. Hahma Khatun and others, 2013, 42 CLC (HCD)
.... competent to dispose of the suit finally instead of sending back the suit on remand to the Trial Court as because as a final Court of fact the Appellate Court has got ample power to go into the root of the suit. As a final Court of fact the appellate Court can take additional evidence in order......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..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..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..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..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..
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..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..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 ..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..
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..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..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..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..Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3
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