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State Vs. Kabel Molla and others, 2002, 31 CLC (HCD)
.... in his defence as he was not properly examined under section 342 of the Code of Criminal Procedure and the prosecution failed to prove charge against him beyond reasonable doubt. 21. On the other hand, Mr. Syed Abu Kowser, the learned Deputy Attorney-General appearing for the State while support......dmitted there, but Shamsu Sikder succumbed to his injuries at about 5‑00 PM. Further case of the prosecution is that the deceased Shamsu Sikder was a member of Village Defence Party and had dispute over the distribution of wheat amongst the distressed mothers with the condemned prisoners for 5/6 m......f this judgment be forwarded to the learned Additional. Sessions Judge, First Court, Tangail for taking necessary action according to law. Ed. This Case is also Reported in: 55 DLR (2003) 108. ..Category: Criminal Law | Date: | Hits: 36
....1922.
14. In All India Spinners Association Vs. Commissioner of Income Tax, Bombay, the assessee the All India Spinners Association was formed as an unregistered association for development of hand spinning and hand weaving for relief of poverty, when there was a surplus in the amount realise......eneurs for industrial growth on a nominal service charge on the loan fund. The applicant society submitted return for the assessment year 1983-84 showing income of Taka 2,59,684 and as Voluntary Non-Government Organisation (NGO) claimed exemption from income tax under section 4(3)(i) of the Income T......mulated in both the reference applications are answered in the negative and in favour of the assessee.
There will be no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 168...
Category: Fiscal/Taxation Law | Date: | Hits: 65
Barrister Ziaur Rahman Khan Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....l call such meetings to meet the contingencies and the meetings thus called will take decisions as per clause (4) of Annexure ‘C’. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 164. ......eme Court High Court Division (Special Original Jurisdiction) Present: K M Hasan J Md. Abdul Quddus J Barrister Ziaur Rahman Khan………………………Petitioner Vs. Government of Bangladesh and others……………respondents Judgment November 28, 1999. ......ad. 9. It is further stated that Annexures-A and C are issued by the Ministry of Disaster Management and Relief. They are issued by a particular Ministry for a particular purpose i.e. for disaster management. As such they are not binding upon the respondent No.4, and, the latter is not bound to c..Category: Administrative Law | Date: | Hits: 462
Ahsan Karim Jinnah Vs. Meghna Insurance Company Limited & others, 1999, 28 CLC (HCD)
....their group, otherwise they being majority on the Board would remove him as the Vice-Chairman of the Company. The petitioner having failed to withstand such pressure reluctantly agreed to support and handed over to them two share transfer forms duly signed by him along with his two share scripts of ......roup, otherwise they being majority on the Board would remove him as the Vice-Chairman of the Company. The petitioner having failed to withstand such pressure reluctantly agreed to support and handed over to them two share transfer forms duly signed by him along with his two share scripts of his 10,...... Nos.2 to 8 and pro-forma respondent Nos.11 and 12 are the sponsor-share holder directors of the Company. It is stated in the application that pursuant to an internal dispute regarding control and management of the Company arising out of transfer of 50,000 shares of the company by the respondent ..Category: Company Law | Date: | Hits: 203
Alamgir (Md) Vs. Habea Begum, 1999, 28 CLC (HCD)
....ur Gopal Saha J Alamgir (Md)……………………… Petitioner Vs. Habea Begum ………………………..Opposite Party Judgment August 19, 1999. Lawyers Involved: Subash Chandra Saha, Advocate—For the Petitioner. Md Abu Bakkar Siddique, Advocate—For the Opposite P......he impugned order dated 29-6-98 passed by the learned District Judge, Cox’s Bazar in Miscellaneous Appeal No.6 of 1998 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 157. ......he impugned order dated 29-6-98 passed by the learned District Judge, Cox’s Bazar in Miscellaneous Appeal No.6 of 1998 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 157. ..Category: Family Law | Date: | Hits: 155
Nikhil Chandra Halder Vs. State, 2001, 30 CLC (HCD)
....f the prosecution but nothing new came out. ......ound the blood-stained dao outside his house while the accused locked himself inside the room. The people went inside by breaking open the window, caught hold of the accused and thereafter handed him over to the patrol police. This witness further stated that the father of the victim was working in ......sed used to behave in a deranged manner and was under treatment at Pirojpur, Pabna and Barisal. The defence witnesses were cross- examined on behalf of the prosecution but nothing new came out. ..Category: Health Law | Date: | Hits: 266
Abdur Rahman Vs. State, represented by Deputy Commissioner, 2006, 35 CLC (HCD)
....aised before the criminal Court, the instant proceeding in GR Case No. 190 of 2000 is an abuse of the process of the court. Mr. Zindigir prayed for making the Rule absolute. 6. On the other hand, the learned Deputy Attorney-General Mr. Md. Afsar Hossain, in opposing the Rule, submits tha...... as these are both offences described in section 463 of the said Code.” 13. In view of the above decision, we have no hesitation but to hold that sections 467 and 468 of the Penal Code are covered by the Provision of section 195(1)(c) of the Code of Criminal Procedure to attract the restri......nding before the Metropolitan Magistrate, Chittagong, is hereby quashed. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 683. ..Category: Criminal Law | Date: | Hits: 43
AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)
....M Iftekhar Ahmed and another……………..Petitioners Vs. State………….….Opposite Party Judgment April 4, 2007. Cases Referred To- Nirmal Krishna Chanda vs. State 33 DLR 12; Nurun Nahar Zaman vs. State 1995 BLD 537; MA Wahab, Advocate vs. State 19...... from the order sheets annexed with the affidavit, that, despite granting several adjournments on the prayer of the learned Advocates for the accused petitioners for filing counter-affidavit, to controvert the allegation of being fugitive they did not file any counter-affidavit. It further appears t......de Court. If this position be continued, I am afraid a day will come when practically, there will be no legal system in Bangladesh. Ed. This Case is also Reported in: 59 DLR (2007) 646. ..Category: Criminal Law | Date: | Hits: 97
Ali Ashraf Mia Vs. Chairman, First Court of Settlement and others, 2006, 35 CLC (HCD)
.... the Government cancelled the allotment of the said Abu Sayed and took possession of the house in question and in 1979 allotted the same to the respondent No. 3 vide Memo No. DA, AO 199/78-451/14 and handed over possession of the same to her on 29-5-1979. The said respondent No. 3 has been continuou......983 and a sale deed was executed and registered through the court on 17-11-1983. The petitioner further contends that he was given possession of the said house through the court on 12-1-1984 and the Government allegedly excluded the said house property from the list of abandoned properties and intim......'s Order 16 of 1972 and was included in the Ka list of abandoned properties published in the Bangladesh Gazette dated 23-9-1986. It has been further stated that the suit property was under control, management and supervision of the Government through different allottees since 1972 onward till toda..Category: Property Law | Date: | Hits: 39
Executive Engineer, Roads and Highways Vs. Naderuzzaman and others, 2007, 36 CLC (HCD)
....t the time of the issuance of the Rule and extended subsequently is vacated. Send down the lower court records. Ed. This Case is also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ......er XLVII of the Code, the Court will not sit on the matter again for a rehearing or further hearing which is already concluded by a decision even if that be erroneous……………..[Fazle Karim vs Government of Bangladesh, 48 DLR (AD) 178] Cases Referred to- Zenith Packages Limited vs. Membe......t the time of the issuance of the Rule and extended subsequently is vacated. Send down the lower court records. Ed. This Case is also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ..Category: Procedural Law | Date: | Hits: 75
Commissioner of Taxes Vs. Prime Bank Ltd., 2007, 36 CLC (HCD)
....nary, stock-in-trade are words, actions, behaviour, etc commonly used, displayed, etc by a particular person. 14. According to such definitions, stock-in-trade also means the inventory of merchandise held for sale. All the merchandise and equipment kept on hand and used in carrying on a busi...... Taxes (East) Zone, Dhaka 1993 BTD 226. 11. We have perused the reference application along with all orders passed by the above income tax authorities in the case. We find the crux of the controversy boils down to the question, which needs determination: Whether on the facts and in the......peal to Appellate Division under section 162 of the Ordinance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ..Category: Fiscal/Taxation Law | Date: | Hits: 82
Abdur Rashid Miah and another Vs. Md. Zami Shah Newaz and others, 2007, 36 CLC (HCD)
....ers Vs. Md. Zami Shah Newaz and others……………..Opposite Parties Judgment March 11, 2007. Result: The Rule is disposed of with modification. Cases Referred to- Tarak Chandra Maghi vs. Atahar Ali Howlader, 8 MLR (AD) 209; 8 BLC (AD) 67. Lawyers involved: Md. Sh...... in the suit land; that on subsequent occasion on 15-4-1989, the executants of the agreement received further amount of Taka 35,000 for better treatment in India on renewing the agreement and handing over possession of the house standing on the suit land and that one of the executants of the agreeme......h above modification that the contentious signatures or writings are to be examined with admitted signatures. Ed. This Case is also Reported in: 59 DLR (2007) 625; 13 MLR (HCD) (2008) 317. ..Category: Property Law | Date: | Hits: 32
Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....only lone successor Adalat established under the Ain, 2003. Considering the submissions so advanced by the learned Advocates for the petitioner, if we go to exclude all the execution cases from the hand of the present Artha Rin Adalat where all those cases shall go, which is to be looked into vigo......or the Petitioners (In all Writ Petitions). Md. Mafizur Rahman Mazumder, Deputy Attorney-General with Nahid Mahtab, Assistant Attorney-General with Nahid Sultana, Assistant Attorney-General—For Government (In all Writ Petitions). Akbar Ameen Babul, Advocate—For Respondent No. 3 (In Writ Pe......rtificate under section 33(5) of the Ain in Writ Petition No. 6732 of 2004 are made absolute. However, there will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 615...Category: Constitutional Law | Date: | Hits: 168
Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....s that the legislature has intentionally grouped the principal amount and the interest as "100 + 200" as such interest cannot be termed as principal loan amount. Moreover, if the said view is kept in hand then it goes to contradict section 2(ga)(4) of the Ain. In consequence, the provision of law su...... Dhaka as plaintiff instituted Title Suit No. 195 of 2002 on 26-9-2002 before the Artha Rin Adalat No. 1, Dhaka against 4(four) defendants including the petitioners as defendant Nos. 1 and 2 for recovery of loan amounting to Taka 2,16,38,155.64, on selling the mortgaged property given as security ......sult, Rules in Writ Petition Nos. 6579 of 2004 and 6057 of 2005 are discharged without any order as to costs.Stay granted earlier stands vacated.Ed.This Case is also Reported in: 59 DLR (2007) 601. ..Category: Others | Date: | Hits: 104
Integrated Services Ltd. Vs. Commissioner (Current Charges), Customs and others, 2007, 36 CLC (HCD)
....sponse. Then, on 7-9-04 the petitioner made another representation which also met with the same fate. Then, the petitioner had to purchase again share transfer adhesive stamps of Taka 1,05,00,000 and handed over them to Messrs Rahman & Rahman Haque for completing transfer of the shares, (Annexur...... Then, on 7-9-04 the petitioner made another representation which also met with the same fate. Then, the petitioner had to purchase again share transfer adhesive stamps of Taka 1,05,00,000 and handed over them to Messrs Rahman & Rahman Haque for completing transfer of the shares, (Annexure-H). ......n, radio stations or any other communication related network or communication system. 3. After the registration of the Company, numerous disputes cropped up between the parties relating to the management, which led to commencement of various cases against each other. Lastly, the disputes we..Category: Business or Commercial Law | Date: | Hits: 178
Manzu Sweeper Vs. State, 2005, 34 CLC (HCD)
....d the note or having reason to believe the same to be forged or counterfeit. It must be remembered that in course of daily interaction with various people a fake or counterfeit note may come into the hands of an innocent citizen without slightest of his knowledge and he may so use it without knowing...... seizure list in presence of PW 5 Narayan Chandra Saha and PW 6 Md Selim. Thereafter he (PW 1) arrested the accused and made GD Entry No. 122 dated 3-2-1991 with the Kotwali Police Station and handed over the accused with the seized currency note to the police station. Subsequently, the same was ref...... a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 593; 13 MLR (HCD) (2008) 417. ..Category: Criminal Law | Date: | Hits: 40
Namita Rani Biswas and others Vs. Rabindra Nath Majhi and others, 2007, 36 CLC (HCD)
....Rabindra Nath Majhi and others……………………..Respondents Judgment August 8, 2007. Cases Referred To- Manorama vs. Shiva Sundari 24 CWN 480. Kali Das vs. lshan Chander 31 Cal 914 (PC); State vs. Pali Ram, AIR 1974 (SC) 14; Bangladesh vs. AKM Saifiil Alam 9 MLR ......t, released the property from the list of Enemy Property and sold some lands to the appellants and others. Therefore, the grant has been acted upon. The respondent is not claiming the entire lands covered by the will of Harinath Majumder. Admittedly he is not an heir or the successor of Harinath......arned District Judge, Khulna is set aside and restored the grant of Letter of Administration. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ..Category: Property Law | Date: | Hits: 68
Sylhet Gas Fields Ltd. Vs. Chairman, 2nd Labour Court and another, 2007, 36 CLC (HCD)
.... section 25 of the Employment of Labour (Standing Orders) Act 1965 the subsequent case under section 34 of the Industrial Relations Ordinance, 1969 was not maintainable at all. 6. On the other hand, Mr. Sirajul Huq, the learned Advocate appearing for respondent No. 2, has argued that a worker...... repeal the order of punishment of reduction of basic wages of the respondent No. 2 from Taka 2700 to Taka 2340 together with suspension of promotion for three years maintaining the punishment for recovery of Taka 25,984.00 out of total value of the cable Taka 1,03,937.17 and to implement the judgme......ischarged on contest without any order as to cost. The stay order passed at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 576. ..Category: Labour and Industrial Law | Date: | Hits: 114
Aziz Hasan and others Vs. Bangladesh, 2007, 36 CLC (HCD)
....t of Bangladesh and 6 others) appears to us not correctly decided due to the failure of the then Attorney-General to point out the distinction between 42 DLR (AD) 167 and 48 DLR (AD) 199 on the one hand and the case of Mustafizur Rahman on the other." 21. In Monohar Ali, (2003 23 BLD (AD) 5......nohor Ali and others, 2003 BLD (AD) 51 = 8 BLC (AD) 87 = 8 MLR (AD) 113; Bangladesh and others vs. Mizanur Rahman, 52 DLR (AD) 149; Hannan vs. Collector of Customs, 40 DLR 273; Mustafizur Rahman vs. Government of Bangladesh and 6 others51 DLR (AD) 40; Selim (Haji) vs. Collector of Customs, 54 DLR ...... not pay in cash the amount of money covered by respective bank guarantees within a period of thirty days of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 563. ..Category: Fiscal/Taxation Law | Date: | Hits: 64
Enamul Haq (Md) Vs. Jatiyo Bishwabiddalay and others, 2007, 36 CLC (HCD)
....t in any way in conflict with the Rules and Regulations prescribed by the University. 8. Mr. Khair Ezaz Maswood, learned Advocate appearing on behalf of respondent Nos. 1, 2, 4 and 5, on the other hand, submits that the petitioner has connection with a militant group banned by the Government and,......ute. Cases Referred to- Dr. Md. Alamgir vs. Vice-Chancellor, BUET and others, 53 DLR 398; Dr Matiur Rob being dead his heirs Shamsun Nahar and others, 42 DLR (AD) 126; Azizuddin Industries vs. Government of Pakistan, 18 DLR 92; Chief Controller of Imports and Exports vs Hussain Ali Shah A. Faz......thority having no legal effect. The petitioner be allowed to join in a permanent post of Lecturer in Arabic. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 556. ..Category: Employment/Service Law | Date: | Hits: 65
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