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Commissioner of Taxes Vs. Aleaf Enterprise, 2001, 30 CLC (HCD)
.... or it affects the vested right of appeal secured to the petitioners. In this connection it will be noticed that section 30 (1), as it originally stood, imposed no condition on an assessee to deposit any tax as a condition precedent to the filing of an appeal under section 30(1) of the Act, Under th......n accordance with law. The result, therefore, is that the question raised is answered in the affirmative. There be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 471. ......d Advocate representing the assessee, has submitted that the right of appeal of the assessee respondent shall be regulated by the provision of law which was prevailing at the time when the assessment proceeding commenced. He has in support of his contention referred to various cases of the sub-Conti..Category: Fiscal/Taxation Law | Date: | Hits: 55
Moniruzzaman (Md.) Vs. ANM Didar-e-Alam and others, 2002, 31 CLC (HCD)
....rred this Miscellaneous Case under section 561A of the Code of Criminal Procedure. 5. Mr. Mohammad Ali Zinnah, appearing for the petitioner submits that the petition of complaint does not disclose any offence under section 138 of the Negotiable Instruments Act, 1881 and the learned Magistrate com......ciple of law is that to bring a case within the purview of section 561A for the purpose of quashing a proceeding one of the following conditions must be fulfilled: (1) Interference even at an initial stage may be justified where the facts are so preposterous that even on admitted facts no case stand...... 2001. Judgment Md. Shamsul Huda J. - This Rule was directed on an application under section 561A of the Code of Criminal Procedure calling upon the opposite parties to show cause as to why the proceeding of CR Case No. 3490 of 2000 under section 406 of the Penal Code, now pending in the Court..Category: Criminal Law | Date: | Hits: 29
Tajul Islam Vs. Gobinda Prashad Das and others, 2000, 29 CLC (HCD)
....PS Case No. 14(9) of 1991 instituted by his father and requested the accused No.1 for giving such information who on reply told that previously his father used to take such information without giving any tips to them and this time if he wants any information then he shall have to pay Taka 500 or els......harged. In the result, the Rules are discharged. The order of stay granted earlier at the time of issuance of the Rules are hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002)436........ 6544 of 2000 with Criminal Revision No. 578 of 2000. Judgment Md. Ali Asgar Khan J. - Criminal Miscellaneous Case No. 6544 of 2000 and Criminal Revision No.578 of 2000 arises out of the same proceeding in Special Case No. 213 of 1999, pending before the Divisional Special Judge, Chittagong ..Category: Criminal Law | Date: | Hits: 62
....nt contending, inter alia, that the case is not maintainable and the petitioner union has been functioning complying with all formalities and that there is no legal bar, either under the Ordinance or any other law, for formation of any trade union with the employees of respondent No.4, Bangladesh At......ching and research guidance. Thus we find that the income which is being earned by the Respondent No.4 are from the charges fixed for the services rendered by the Respondent No.4 which at the earlier stage were given free of cost. The charges from the consultants, the technical services and other re...... memo dated 19-7-89 and by the Ministry of Education, Ordinance Technology Division vide memo dated 10-8-98 by the Respondent No.4 vide memo dated 27-8-89 there is no cause of action for initiating a proceeding for cancellation of the registration of the petitioner union.
3. The petitioner union ..
Category: Labour and Industrial Law | Date: | Hits: 158
Sarwar Garments Ltd. Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
.... and facts are involved in these two Writ Petitions, They are heard together and are being disposed of by this Judgment. 2. In both the Writ Petitions the petitioner is Sarwar Garments Ltd., a company incorporated under the Companies Act. In Writ Petition No. 2718 of 2001 the petitioner has impug......rieved by the impugned order they could file an appeal to the Customs, Excise and VAT Appellate Authority under section 169A and without exhausting the procedure cannot file the Writ Petition at this stage. It is also asserted that the petitioner has violated various provisions of the Customs Act fo......d that the said inquiry started before issuance of the impugned letter and by the impugned letter the condition was imposed upon the petitioner from the Bond Commissionerate to facilitate the inquiry proceeding. It is further stated that vide letter dated 19-4-2001 the petitioner was permitted to us..Category: Fiscal/Taxation Law | Date: | Hits: 63
Ferdousi Islam Vs. Nur Mohammad Kha and others, 2000, 29 CLC (HCD)
....al Code (Annexure-B). The accused persons were later released on bail. The records have thereafter been transmitted to learned Sessions Judge who fixed 17-2-98 for hearing as to framing of charge, if any. In the meantime one Anwara Begum, mother of victim Rafiqul Islam, on 1-11-97 lodged complaint a...... result, the Rule is made absolute. The order dated 13-4-1998 passed in Sessions Case No. 4 of 1997 is set aside. The trial Court is directed to proceed with the trial in accordance with law from the stage before passing the impugned order. Ed. This Case is also Reported in: 54 DLR (2002) 418....... is set aside. The trial Court is directed to proceed with the trial in accordance with law from the stage before passing the impugned order. Ed. This Case is also Reported in: 54 DLR (2002) 418...Category: Criminal Law | Date: | Hits: 33
Mustafa Kabir Uddin Ahmed Vs. Badrun Nessa Chowdhury, 2002, 31 CLC (HCD)
....āĻŽāĻžāĻ° āĻ¨āĻŋāĻ āĻĒāĻļā§āĻāĻŋāĻŽā§ āĻŽāĻŋāĻ°āĻĒā§āĻ° āĻ°ā§āĻĄ, āĻāĻ āĻā§āĻšā§āĻĻā§āĻĻāĻŋ āĻŽāĻ§ā§āĻ¯ā§ āĻāĻžāĻ°āĻŋ āĻāĻžāĻ āĻž āĻāĻŽāĻŋāĨ¤ 10. It is submitted that there are many other several defects in the instant revision case for which this revision case may be withdrawn......is client, however, should not suffer. When law provides that withdrawal simpliciter of a suit may be effected under Order XXIII rule 1(1) CPC even without any permission or leave of the court at any stage; but for withdrawal of a suit with liberty to sue afresh on the self cause is necessary accord......hough the application for withdrawal of the suit with liberty to sue afresh on the self same revision, yet there is no legal bar in granting such application inasmuch as this revision is a subsequent proceeding which follows from the results of the original suit and may have the effect of reopening ..Category: Procedural Law | Date: | Hits: 83
Makbul Ahmed and others Vs. Mohammedullah and others, 2000, 29 CLC (HCD)
....d in the judgment of the High Court Division. It has been stated that the petitioners enquired from the bench clerk about the arrival the case record from the High Court Division having failed to get any information filed an application for information on 3-9-84 and on that the petitioner was inform......f 1983. 15. Having regard to the facts and circumstances of the case there will be no order as to costs. Send down the record at once. Ed. This Case is also Reported in: 54 DLR (2002) 399.......ties concerned about the arrival of the record by issuing notice to the parties. Mr. Syed Mahmud Hossain has referred to Order III rule 4(2) of the Code of Civil Procedure and pointed out that as the proceedings under Order IX rule 13 CPC were ended after the disposal of the case the learned Advocat..Category: Procedural Law | Date: | Hits: 62
Abdul Mannan Miah Vs. Md. Salaiman Miah, 2000, 29 CLC (HCD)
....se and publicity of a time for sale of the soap produced by it, the said trade mark has become distinctive mark of the products of the plaintiff in Bangladesh and it has now come to such a stage that any product with the similar trade mark of the opponent will denote to the public that the said prod......extensive use and publicity of a time for sale of the soap produced by it, the said trade mark has become distinctive mark of the products of the plaintiff in Bangladesh and it has now come to such a stage that any product with the similar trade mark of the opponent will denote to the public that th......appropriate order for registration of trade mark in the name of different persons, the suit as well as application for injunction cannot proceed. Further, since there is no similarity between the two proceedings, the defendant cannot be debarred from using the trade mark Ghadi under section 22 of th..Category: Intellectual Property Law | Date: | Hits: 200
....-government School and College, that the Board constituted Appeal and Arbitration Committee for taking decision on the action taken by the Managing Committee for removal and dismissal of a teacher on any proceeding drawn against such teacher of the School, that, the proceeding against the writ-petit......rection upon the appellant to reinstate the respondent No.1 Md. Gholam Kibria in his post forthwith. There shall be no order as to cost.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 497.......ernment School and College, that the Board constituted Appeal and Arbitration Committee for taking decision on the action taken by the Managing Committee for removal and dismissal of a teacher on any proceeding drawn against such teacher of the School, that, the proceeding against the writ-petitione..
Category: Employment/Service Law | Date: | Hits: 133
Zakir Hossain and another Vs. State, 2002, 31 CLC (HCD)
.... basis of the information of informant about such above fact were the wife and son Shahajahan who were made CS witness Nos. 2 and 3 in the charge-Âsheet but they were withheld by prosecution without any reasonable explanation and, as such, information of informant having not established and proved ...... and sentence dated 20â1â92 by trial Court against appellants Zakir Hossain and Suruj Miah be accordingly upheld. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 137.......89. As father of Zakir Hossain, Suruj Meah was likely to be in the know of the case filed against him and others including his son Zakir Hossain and 'Shala' Sadek Ali. Thus being quite aware of the proceeding Suruj Miah remained absconding during investigation of the case as well as during trial e..Category: Criminal Law | Date: | Hits: 34
Zakir Hossain Munshi Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....nt they are in turn entitled and justified to recover the same from its subscribers including the petitioner. GrameenPhone has also taken up the stand while contesting the Rule that since it is a company incorporated under the Companies Act it is not a person performing functions in connection with ......ordance with the contract dated 10-Â7â97 entered into by and between the petitioner and GrameenPhone inasmuch as power to collect royalty and licence fees could be acquired by Grameen Phone at any stage during the subscription in terms of clause-G of the said contract even if such power to collec......o be refunded to the petitioner forthwith. In the result, the Rule is made absolute in the foregoing terms without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 130. ..Category: Information Technology Law | Date: | Hits: 217
Hajee Abul Hossain and others Vs. Md. Amjad Hossain and others, 2010, 39 CLC (AD)
....unnessa which they got from Abdul Mannaf Munshi. Mr. Bhuiyan drew our attention to the testimony of Hazi Abul Hossain (P.W.1) who proved exhibit-1 and submitted that the respondent No.1 did not raise any objection while admitting exhibit-1 as secondary evidence. On perusal of the evidence of P.W.1 i...... that there was an amicable partition among them by which, the property at Feni, Bangladesh fell in the share of Hamendra. This photostat copy was admitted into evidence without objection. At a later stage, it was challenged on the ground that neither the original was produced nor any reason for its......of the suit lands by constructing homestead as found by the learned Subordinate Judge. 12. In Abdullah's case (20 DLR SC 205), after closing the evidence the defendant produced records of mutation proceeding which were marked as exhibits-D' series without objection from the plaintiffs side. The t..Category: Property Law | Date: | Hits: 36
Md. Mominul Islam Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)
....vailable show that the petitioner himself admitted his wrong activities as an abettor being under coercion and compulsion by the then Principal of the Institute. The law does not permit compliance of any illegal activities by any officer/employee even if directed or ordered by his superior officer a......aid facts and circumstances of the case, we do not find any merit in the leave petition. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 474.......t promotions in due course and was posted as Chief Instructor at Gaibandha Agriculture Training Institute, where he jointed on 14.06.1998, and while he was serving there, on 05.11.2001 a departmental proceeding was initiated alleging "misconduct and corruption" and on receipt of the show cause notic..Category: Administrative Law | Date: | Hits: 192
Abdur Rashid Mia (Md) Vs. Md. Hasem Ali Mia & others, 2003, 32 CLC (HCD)
....he petitioner is entitled to file the preâemption case. The co-sharer of the land opposite party Nos.2-5 sold the land to the opposite party No. 1 on 21-10â1993 collusively and they did not serve any notice of transfer to the petitioner. On 12â2â1996 the petitioner came to know of the transf......assed by learned Assistant Judge, Basail, Tangail, in Miscellaneous Case No. 6 of 1996 is hereby restored. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 155. ......ed in 46 DLR (AD) 187. 13. On the other hand, the learned Advocate for the pre-emptee opposite party No.1 submits that except the point of limitation all other points involved in the preâemption proceeding are in favour of the preâemptor which has been concurrently found by both the Courts be..Category: Property Law | Date: | Hits: 39
Abdul Motaleb & others Vs. Aftab Miah and another, 2002, 31 CLC (HCD)
....at they cannot file the evidence within the statutory period of two months. 4. The Registrar after hearing the parties and considering the materials on record found that the applicant did not send any evidence to the respondent No. 1 though they have submitted the same before him on 1â3â2001 ......d the opposition case No. 1624 of 2000 as abandoned. 5. In this case Mr. Syed Mahmudul Ahsan, the learned Advocate, initially appeared on behalf of the appellant and argued the case and at a later stage, on 19â8â2002, Dr. M Zahir argued the appeal on behalf of the appellant as Senior and My G...... appellants, as there was no occasion to do so in the absence of any TM 55. Therefore, we find no substance in the appeal which must fail. Ed. This Case is also Reported in: 56 DLR (2004) 145...Category: Intellectual Property Law | Date: | Hits: 181
Abul Kashem and others Vs. State, 2003, 32 CLC (HCD)
....heat field. PW 3 Mosharraf Hossain Member pulled out the dagger from the chest of the Chairman Abdul Halim and raised alarm together with PW 2 Shamsul Hoque Dealer. Being attracted by the said alarm many people from the neighborhood came to the place of' occurrence. The deceased Chairman was thereaf...... is submitted by the learned Deputy Attorney-General that since this point was not agitated and argued at the trial, the defence is now estopped and debarred from agitating this point at this belated stage. 10. For the sake of proper appreciation of the points raised we intend to discuss the evid......thwith. Convict appellant Anwar Hossain Pintu alias Anwar Hossain may therefore; be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 132...Category: Criminal Law | Date: | Hits: 39
State Vs. Mir Hossain alias Mira and others, 2003, 32 CLC (HCD)
....l statement of accused Khodeja Begum and Mir Hossain alias Mira. Facts revealed in the confessional statements substantially corroborated the prosecution story. Confessing accused did not complain of any torture and ill treatment before making confessional statement. They did not retract their confe......But Judgment of Conviction for the offence of sections 302/34 of the Penal Code is maintained. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 56 DLR (2004) 124.......as Mira. His evidence is in the following terms: In compliance with rules and procedures of law judicial confessional statement was recorded. Statement was true and voluntary. 23. Fate of criminal proceeding by way of Death Reference, Jail Appeal and Criminal Appeals hinges on answer to the follo..Category: Criminal Law | Date: | Hits: 31
Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....d why a direction should not be given to grant the frequencies and to issue licence(s) in favour of Ekushey Television Limited required to broadcast its programmes through a satellite channel without any hindrance and/or such other or further order or orders passed as to this court may seem fit and ......ons made and the findings given by us in this judgment will have no bearing in disposing of the suit now awaiting disposal in the court below. Ed. This Case is also Reported in: 56 DLR (2004) 91.......cation for granting permission to commence satellite broadcasting. The issuance of the Rule Nisi in the Writ Petition prompted interested quarters to come forward in creating obstruction in the legal proceedings. One of the directors, holding 4.17% shares of the petitioner company, Mr. Nasir A Chowd..Category: Information Technology Law | Date: | Hits: 230
Arif Iftekhar Ali and others Vs. Sekandar Ali Hawlader, 2002, 31 CLC (HCD)
....Order XXXIX rule 1 and 2 of the Code for temporary injunction for restraining the defendants from forcibly entering into the land of 'Ka' schedule by breaking the boundary wall and/or interfering, in any way, with the peaceful enjoyment of the land including ongoing construction till disposal of the......lled and vacated, learned Joint District Judge is directed to proceed expeditiously with the proceedings pending before him. Communicate. Ed. This Case is also Reported in: 56 DLR (2004) 82. ......interim order of injunction dated 8â8â2001 and/or whether or not the defendants on 14â8â2001 violated the injunction order are the pertinent issues to be determined by the Court itself in the proceeding against violation of Miscellaneous Case No. 26 of 2001. The Court cannot delegate its pow..Category: Property Law | Date: | Hits: 26
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