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Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)

....509. ......27 of 1992, 28 of 1992, 29 of 1992, 30 of 1992, 32 of 1992, 31 of 1992, 34 of 1992, 35 of 1992. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 509. ......s. 222, 223, 224, 225 of 1991, 27, 28, 29, 30, 31, 32, 34, 35, 36 of 1992. Judgment Syed Amirul Islam J.- As common question of law is involved in all these references, they were heard together and are being disposed of by this judgment. 2. Reference Application No.222 of 1991 arises out of......27 of 1992, 28 of 1992, 29 of 1992, 30 of 1992, 32 of 1992, 31 of 1992, 34 of 1992, 35 of 1992. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 509. ..

Category: Fiscal/Taxation Law | Date: | Hits: 86

ABM Ruhul Amin, Managing Director Vs. Bangladesh Freedom Fighters Welfare Trust and others, 1999, 28 CLC (HCD)

.... High Court Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Md. Mozammel Hussain J ABM Ruhul Amin, Managing Director……………….….Petitioner Vs. Bangladesh Freedom Fighters Welfare Trust and others…….Respondent Judgment February 8, 199...... are of the view that the petitioner should be saddled with cost. In the result, the Rule is discharged with cost of Taka 5,000.00 only. Ed. This Case is also Reported in: 51 DLR (1999) 208. ......al Jurisdiction) Present: Kazi Ebadul Hoque J Md. Mozammel Hussain J ABM Ruhul Amin, Managing Director……………….….Petitioner Vs. Bangladesh Freedom Fighters Welfare Trust and others…….Respondent Judgment February 8, 1999. Cases Referred to- Mozaher Sawda...... are of the view that the petitioner should be saddled with cost. In the result, the Rule is discharged with cost of Taka 5,000.00 only. Ed. This Case is also Reported in: 51 DLR (1999) 208. ..

Category: Property Law | Date: | Hits: 102

Sabed Ali Howlader and Others Vs. Abdul Barek and other, 1998, 27 CLC (HCD)

....imately recorded in the names of Somed Ali, Safed Ali and Wares Ali. The defendant Nos.2 and 3 on 31-12-84 transferred their respective shares to Shahabuddin, son of defendant No.1. The Government of Bangladesh subsequently acquisitioned some portion of the land from the suit land for the purpose of...... suit in accordance with law. The trial Court is directed to dispose of the suit as expeditiously as possible preferably within 3 months. Ed. This Case is also Reported in: 51 DLR (1999) 204....... possible preferably within 3 months. Ed. This Case is also Reported in: 51 DLR (1999) 204....... suit in accordance with law. The trial Court is directed to dispose of the suit as expeditiously as possible preferably within 3 months. Ed. This Case is also Reported in: 51 DLR (1999) 204...

Category: Property Law | Date: | Hits: 102

Dil Mohammad Vs. Jamir Hossain and others, 2004, 33 CLC (HCD)

.... Kishore, AIR 1956 Orissa 77, Muhammad Din vs. Atta Muhammad and others, PLD 1957 Lahore 971; Modan Mohan Pal Annosatra vs. Abdus Samad and others, 32 DLR 176, Kabiruddin and others vs. Government of Bangladesh and others, 43 DLR (AD) 201, Gurnek Singh and another vs. Gurbachan Singh and others, AIR......aintiff is allowed to withdraw the appeal with permission to sue afresh on the subject matter as prayed-for. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 88.......pellate Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Huq J Dil Mohammad…………………………………………………………...Appellant Vs. Jamir Hossain and others…………………………………………..Respondents Judgment August 8, 200......aintiff is allowed to withdraw the appeal with permission to sue afresh on the subject matter as prayed-for. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 88...

Category: Property Law | Date: | Hits: 83

Birla Tyres & another Vs. Sonali Anash Trading (Pvt) Ltd. and others, 2004, 33 CLC (HCD)

....hairman, Pakistan Eastern Railways, PLD 1965 (SC) 83; Serajuddin Bepari and others vs. Mizanur Rahman and others, 29 DLR (SC) 82; Liaquat Hossain Chowdhury vs. Mir Ali Hossain and others 1981 BLD 93; Bangladesh Tobacco Company Ltd. and others vs. Ms. M Arfan Khan and Company Ltd. 1983 BCR (AD) 18, H...... Orders granting temporary injunction and ad interim mandatory injunction are hereby set aside. Plaintiffs shall bear cost all through. Ed. This Case is also Reported in: 58 DLR (2006) 84. ......isdiction) Present: Md. Abdur Rashid J SAB Mahmudul Huq J Birla Tyres & another ..................................................Petitioners Vs. Sonali Anash Trading (Pvt) Ltd. and others .........................Opposite Parties Judgment July 21, 2004 Cases Referred ...... Orders granting temporary injunction and ad interim mandatory injunction are hereby set aside. Plaintiffs shall bear cost all through. Ed. This Case is also Reported in: 58 DLR (2006) 84. ..

Category: Civil Law | Date: | Hits: 148

Syed Abdul Alim alias Lalu Vs. DC, Dhaka and others, 2005, 34 CLC (HCD)

....dul Alim alias Lalu …………………Petitioner Vs. DC, Dhaka and others ……………………….Respondents Judgment November 16, 2005. Cases Referred to- Halima Khatun vs. Bangladesh, 30 DLR (SC) 207, Shahriar Rashid Khan vs. Bangladesh and others, 1998 BLD (AD) 155, Khan......osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ...... High Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Md. Fazlur Rahman J Syed Abdul Alim alias Lalu …………………Petitioner Vs. DC, Dhaka and others ……………………….Respondents Judgment November 16, 2005. Cases Referr......osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ..

Category: Criminal Law | Date: | Hits: 52

Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)

....the appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 62. ......the appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 62. ......ivil Appellate Jurisdiction) Present: Syed AB Mahmudul Huq J Md. Abdur Rashid J Bengal Bricks Industries Ltd………………………….Appellant Vs. Al-haj Md. Ishaque Chowdhury and others.........................Respondents Judgment July 19, 2004. Cases Referred to- ......the appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 62. ..

Category: Property Law | Date: | Hits: 71

Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)

....her father Hamiduddin Ahmed as her duly constituted attorney for construction of a house as per approved plan and design. During the period of construction of the house, Farida Rahman used to come to Bangladesh once/twice a year to see the progress of the work. In 1989, the construction was complete......l Haque in Other Suit No. 15 of 98 is directed to vacate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51....... (Civil Original Jurisdiction) Present: Md. Abdur Rashid J Siddiqur Rahman Miah J Shamsul Haque…………………………………………...Appellant Vs. Luna Fahmida Rahman and others……………………. Respondents. Judgment January 21, 2004. Cases Ref......l Haque in Other Suit No. 15 of 98 is directed to vacate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51...

Category: Property Law | Date: | Hits: 139

Sultan Uddin Ahmed Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....Division (Special Original Jurisdiction) Present: Mirza Hussain Haider J AFM Abdur Rahman J Sultan Uddin Ahmed ……………………….........Petitioner Vs. Government of Bangladesh and others.................... Respondents. Judgment July 4, 2005. Lawyers Invo......l machineries and to release the same within 7 days from the date of receipt of this judgment. However, there shall be no order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 31. ...... (Special Original Jurisdiction) Present: Mirza Hussain Haider J AFM Abdur Rahman J Sultan Uddin Ahmed ……………………….........Petitioner Vs. Government of Bangladesh and others.................... Respondents. Judgment July 4, 2005. Lawyers Involved: Md......l machineries and to release the same within 7 days from the date of receipt of this judgment. However, there shall be no order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 31. ..

Category: Business or Commercial Law | Date: | Hits: 234

World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

...........discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14....... Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J World Tel Bangladesh Ltd………………………………………………………Petitioner Vs. Government of Bangladesh and others…………………………………Respondents. Judgment April 23, 2005. Case......discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14...

Category: Information Technology Law | Date: | Hits: 321

Hayes Haier Appliance Company Ltd. Vs. Secretary, Internal Resources Division, Ministry of Finance and others, 2005, 34 CLC (HCD)

....of India (AIR 1978 (SC) 130), Maneka Gandhi vs. Union of India, AIR 1978 (SC) 597, DS Nakara vs. Union of India (AIR 1978 (SC) 130), Maneka Gandhi vs. Union of India AIR 1978 (SC) 597, Aftabuddin vs. Bangladesh, 48 DLR 1, Abul Hosain's case, 41 DLR (AD) 30, Southern Railway Company vs. Greane, 216 U...... any lawful authority and are of no legal effect. In view of the facts and circumstances of the cases there will be no order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 5. ......ussain Haider J Hayes Haier Appliance Company Ltd. … …………………………………………………….Petitioner Vs. Secretary, Internal Resources Division, Ministry of Finance and others....................... Respondents. Judgment August 5, 2005. Cases Referred to- ...... any lawful authority and are of no legal effect. In view of the facts and circumstances of the cases there will be no order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 5. ..

Category: Fiscal/Taxation Law | Date: | Hits: 81

Selim Reza Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....riginal Jurisdiction) Present: Md. Joynul Abedin J AKM Asaduzzaman J Selim Reza ………………………………………………………………Petitioner Vs. Government of Bangladesh and others………………………. Respondents. Judgment August 13, 2005. La......Rule is made absolute without any order as to costs. The office is directed to communicate this order to the respondents for information. Ed. This Case is also Reported in: 58 DLR (2006) 1. ......isdiction) Present: Md. Joynul Abedin J AKM Asaduzzaman J Selim Reza ………………………………………………………………Petitioner Vs. Government of Bangladesh and others………………………. Respondents. Judgment August 13, 2005. Lawyers Invol......Rule is made absolute without any order as to costs. The office is directed to communicate this order to the respondents for information. Ed. This Case is also Reported in: 58 DLR (2006) 1. ..

Category: Others | Date: | Hits: 114

Abdul Moin Vs. Bangladesh represented by the Secretary, Ministry of Land, Secretariat Building & others, 2001, 30 CLC (HCD)

....HCD) (2001) 506. ...... and the writ petition was not maintainable has no substance. In the result, the Rule is made absolute with any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 506. ...... (Special Original Jurisdiction) Present: Md. Joynul Abedin J ABM Khairul Haque J Abdul Moin ……………Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Land, Secretariat Building & others. ………………….Respondents. Judgment March 28, ...... and the writ petition was not maintainable has no substance. In the result, the Rule is made absolute with any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 506. ..

Category: Property Law | Date: | Hits: 95

Commissioner of Taxes Vs. Kushtia Sugar Mills Ltd., 2000, 29 CLC (HCD)

....such, it had paid incentive bonus under the provisions of the law and this incentive bonus is a new concept introduced in the industrial sector after the publication of the Wages Commission Report in Bangladesh which, in our opinion, is not related to the traditional concept of bonus which is contem....... Accordingly, we answer the questions in the affirmative and against the revenue applicant. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 504.......ojuddin Bhuiyan, Advocate—Respondent. Reference Application No. 9 of 1994. Judgment Syed Amirul Islam J.- In this referee application the revenue department calls in question the legality and propriety of the Judgment and order dated 22-11-93 passed by the Taxes Appellate Tribunal, Dhaka....... Accordingly, we answer the questions in the affirmative and against the revenue applicant. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 504...

Category: Fiscal/Taxation Law | Date: | Hits: 104

Afitan Nessa and others Vs. Government of the People’s Republic of Bangladesh and others, 2001, 30 CLC (HCD)

....gh Court Division (Civil Revisional Jurisdiction) Present: Md. Shamsul Huda J Afitan Nessa and others ………………….Petitioners Vs. Government of the People’s Republic of Bangladesh and others …………….Opposite Parties. Judgment August 09, 2001. Cases Re...... to file a separate application for condonation of delay. With this observation the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 502.......as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 502....... to file a separate application for condonation of delay. With this observation the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 502...

Category: Procedural Law | Date: | Hits: 106

Annada Prosad Das Vs. DC, Khulna and others, 2001, 30 CLC (HCD)

....ed J Annada Prosad Das ……………………Appellant Vs. DC, Khulna and others………….Respondents. Judgment June 28, 2001. Cases Referred to- Mirza Shahab Ispahani Vs. Bangladesh, 40 DLR (AD) 116, Bangladesh Vs. Professor Golam Azam, 46 DLR (AD) 192, Abeda Khatun and ......ppeal is allowed, the judgments and decrees of the Courts below are set aside and the suit is decreed in full. No order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 496.......CD) (2001) 496.......ppeal is allowed, the judgments and decrees of the Courts below are set aside and the suit is decreed in full. No order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 496...

Category: Immigration and Citizenship Law | Date: | Hits: 190

Anindra Bhusan Ghose Vs. Bangladesh Government, 2001, 30 CLC (HCD)

....n: 53 DLR (HCD) (2001) 493.......l. For the reasons and discussions made above, I find no merits in this appeal. In the result the appeal is dismissed. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 493.......bu Sayeed Ahammed J Anindra Bhusan Ghose………………Appellant Vs. Bangladesh Government ………………Respondent. Judgment May 23, 2001. Case Referred To- Feroza Majid and another Vs. Jiban Bima Corporation, 39 DLR (AD) 76. Lawyers Involved: Sk Habibul Alam, Adv......l. For the reasons and discussions made above, I find no merits in this appeal. In the result the appeal is dismissed. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 493...

Category: Property Law | Date: | Hits: 85

Bangladesh Forest Industries Development Corporation and others Vs. Sheikh Abdul Jabbar, 2002, 31 CLC (HCD)

.... costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 488. ......ainable. For the reasons stated above, we do not find a substance in this Rule, which is discharged without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 488. ......LR (HCD) (2001) 488. ......ainable. For the reasons stated above, we do not find a substance in this Rule, which is discharged without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 488. ..

Category: Civil Law | Date: | Hits: 89

Nizam Hazari Vs. State, 2001, 30 CLC (HCD)

....round of procedural defect and technicality……………………………………(25) Cases Referred to- Sars Pal Singh Vs. State of Delhi, AIR 1999 (SC) 49, Nesar Ahmed Vs. Government of Bangladesh, DC, Noakhali and others, 49 DLR (AD) 111, Abdul Razzak Talukder Vs. State 51 DLR 83, Mob......nal No.14, Chittagong in Special Tribunal Case No.757 of 1999 stand maintained. Lower Court Records be sent down immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 475. ......State ………………Respondent. Judgment May 2, 2001. Result: The appeal is dismissed. Evidence of police personnel It is a matter of common knowledge that now-a-days impartial and independent witnesses do not dare to come forward to give evidence against offenders, specifical......nal No.14, Chittagong in Special Tribunal Case No.757 of 1999 stand maintained. Lower Court Records be sent down immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 475. ..

Category: Criminal Law | Date: | Hits: 58

Abdus Sukur (Md.) and others Vs. Bhasani Mandal and another, 2001, 30 CLC (HCD)

....mpugned judgment and decree through false personification, and also by collusion with each other and practicing fraud upon the Court. The case of the defendant No.1 is that he has long been living in Bangladesh, possesses the suit land by cultivation through borgadar and Parul Bala lives in her othe......gment and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452.......53 DLR (HCD) (2001) 452.......gment and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452...

Category: Property Law | Date: | Hits: 75