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American Express Bank Limited Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....ule 64A of Income Tax Rules 1984. In this connection the learned Advocate for the petitioner has taken us through the Annexure-Y2 to the supplementary affidavit which is a certificate given under the hand of chartered accountant in assessment return for assessment year 1991-92. Showing this Annexure......submitted the returns. It is then stated that the petitioner stopped disclosing the Head Office expenses in its profit and loss account and kept on remitting the said amount to the Head Office under cover of profit. It is further stated that when it came to the notice of the Deputy Commissioner, Tax......2-93 to 1997-98 are without lawful authority and of no legal effect. In the result the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002)7. ..Category: Fiscal/Taxation Law | Date: | Hits: 132
....ed above, we think that it would be fair and reasonable, in the interest of Justice, for the Government to appoint a Special Public Prosecutor for this Particular case and not leave the matter in the hands of the incumbent Public Prosecutor or his deputies. We direct accordingly.”
8. It is appa.......Petitioner
Vs.
Secretary, Ministry of Law, Justice and Parliamentary Affairs and others………Respondents
Judgment
June 29, 1999.
Case Referred To-
Faridsons Ltd and others Vs. Government of Pakistan and another, 13 DLR 233.
Lawyers Involved:
Jamiruddin Sircar with AKM Sh......val of the petitioner is illegal and without any lawful authority.
The Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 81...
Category: Employment/Service Law | Date: | Hits: 108
Sonali Bank and another Vs. Md. Harun, 1999, 28 CLC (HCD)
....e the evidence on record properly and came to, the wrong finding which requires interference. 9. Mr. Abdul Awal, the learned Advocate appearing on behalf of the plaintiff respondent, on the other hand, submits that in this matter it is an admitted fact that when the plaintiff applied for loan un......anted hypothecation of the goods which the plaintiff refused. The bank also demanded further security though the entire project was under the security and mortgage with the bank the value of which is over Taka 50.00 lac. It is the case of the plaintiff that the bank most illegally realised IDA credi......me due the defendant issued notice asking for repayment of the same. The plaintiff also asserted that in 1988 there was an audit of the bank and it was reported that due to the activities of the bank management the oil mill had to be stopped causing a huge loss and the bank officials have been made ..Category: Civil Law | Date: | Hits: 72
Bangladesh Vs. Md. Moazzem Hossain Bhuiyan and Others, 2009, 38 CLC (AD)
....sident of the 2nd Ad-hoc Governing Body. Thus we do not find any merit in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 65. ......Writ Petition No.6345 of 2009 by the High Court Division making the Rule absolute. 2. The respondent No.1 hereof as petitioner filed the writ petition challenging the cancellation of the Ad hoc Governing Body appointed vide memo No. 254(Ka)/Dhaka 72795 dated 15.07.2009 (Annexure-B to the Writ P......e-D to the Writ Petition). 3. The rule was contested by the writ respondent No.1 and the writ respondent No. 8. The Ad-hoc Governing Body was appointed for 6(six) months for appointing a regular management committee for the Uttara High School and College as per regulation vide memo No. 254(Ka)/..Category: Civil Law | Date: | Hits: 81
Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)
.... Principal, Chittagong Medical College and others vs. Shahrayar Murshed 48 DLR (AD) 33; Government of Bangladesh and others vs. Md. Tajul Islam 49 DLR (AD) 177; Shearer vs. Shield, 1914 AC 808. Ram Chandra vs. Secretary to Government of West Bengal AIR 1964 Cal 265, 272; Shearer vs. Shield 1914AC 8......ondents Judgment May 18, 2006. Result: The Rule is made absolute in part. Cases Referred to- Principal, Chittagong Medical College and others vs. Shahrayar Murshed 48 DLR (AD) 33; Government of Bangladesh and others vs. Md. Tajul Islam 49 DLR (AD) 177; Shearer vs. Shield, 1914 AC ...... expeditiously. Communicate a copy of the judgment immediately to the respondent No. 1 PSC for taking necessary steps expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 182. ..Category: Employment/Service Law | Date: | Hits: 134
Kadam Ali Bhuiyan (Md) Vs. Begum Saheda Nur, 2007, 36 CLC (HCD)
....ed any right of easement over said pathway along with other people. They also denied defendant No. 5 closed down the pathway by bamboo fencing. 7. Defendant No. 5, on the other hand, contended that the suit was bad far defect of parties and hit by provision of sections 42......e at Dhaka and dismissed the suit. 2. On 26-6-89 the plaintiff instituted a suit. being Title Suit No. 119 of 1989 against the opposite parties for a decree of declaration of easement right over the pathway fully described with a sketch map in the schedule 'Kha' to the plaint and also for ......er at the time of issue of the Rule on 20-4-1999 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 175; 13 MLR (HCD) (2008) 242. ..Category: Property Law | Date: | Hits: 30
AVP, Uttara Bank Ltd. Vs. Shahabuddin Khan and others, 2006, 35 CLC (HCD)
.... bank. He was promoted to the post of Officer Grade-II (Cash) and ultimately, posted at Mymensingh Branch of the Bank. While he was working there on 13-5-1989 he met with a road accident and his both hands were fractured. He was under treatment for about 5/6 months and after recovery he joined in hi......osted at Mymensingh Branch of the Bank. While he was working there on 13-5-1989 he met with a road accident and his both hands were fractured. He was under treatment for about 5/6 months and after recovery he joined in his office at Mymensingh Branch in the month of November 1989. In spite of specif......esult, enquiry was held ex parte in his absence and the Enquiry Committee submitted report finding him guilty of the charges levelled against him; that on 10-7-1990 he tendered his resignation to the management of the Bank, on receipt of which the management informed him to adjust all the arrear due..Category: Employment/Service Law | Date: | Hits: 69
Mirzaboo Steels Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....an and others vs. Bangladesh and others, 7 BLT (AD) 313. Lawyers involved: Hosne Ara Begum, Advocate—For the Petitioner. Md. Shamsrr Rahman, Advocate—For Respondent No. 3. Shahnawaz Akhand, Advocate—For Respondent Nos. 5 and 6. Writ Petition No. 1527 of 2001. Judgment Fara......(2007) 141. ......as duly notified in the gazette. Being a financial institution the Bangladesh Shilpa Rin Sangstha has no way to bypass or avoid the instructions, directives, policy guidelines in respect of financial management issued by the Ministry of Finance. Hence, recommendation of the Special Committee of the ..Category: Civil Law | Date: | Hits: 133
Abul Kalam (Md.) Vs. Md. Habuluddin and others, 2007, 36 CLC (HCD)
....lots and the Election Tribunal must record its satisfaction on the evidence or materials for the necessity of the recount of votes in the resolution of the election dispute. 17. In the case at hand, there is no dispute that the election petitioner never made any request to the Presiding Offic......and had not materially affected its ultimate decision on the issue of recount. 15. Sub-rule (4) of rule 37 of the Paurashava (Election) Rules, 1977, in short, the Rules, which was made by the Government empowered by section 146 of the Paurashava Election Ordinance, 1977 hereinafter referred...... thousand. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 59 DLR (2007) 137. ..Category: Election Law | Date: | Hits: 99
.... from the respondent over a period of two years or more, a period that has concomitantly witnessed certain significant developments both in terms of a legislative enactment bearing on the matter at hand as well as of active judicial inter-vention spurring consequential positive action benefiting t......t the Petitioner Company (hereinafter referred to as the "Petitioner") embarked upon its operation as a distributor in Bangladesh in 2004 the legal and administrative regime in this area was being governed by the "কেবল টেলিভিশন নেটওয়ার্ক নীতিমা......e observations and direction made above.
Communicate a copy of this judgment to the respondent at once.
There is no order as to costs.
Ed.
This Case is also Reported in: 59 DLR (2007) 131...
Category: Information Technology Law | Date: | Hits: 171
Abdul Malek (Md) and another Vs. Sanowar Hossain and others, 2007, 36 CLC (HCD)
....alek (Md) and another.......................Petitioners Vs. Sanowar Hossain and others……………………..Opposite Parties Judgment January 21, 2007. Cases Referred To- Jadav Chandra Mali vs. Abdul Khaleque 27 DLR (AD) 114; Hosne Ara Begum & others vs. Anowara Begum 37 DLR 15......e changes in form and not in substance. In the circumstances we find that the learned judges were not justified in rejecting the prayer for amendment of the application upon the view they took. Moreover, since the relief prayed for could be given by the court under section 24 of the Non-Agricultur......er passed by the Court of Appeal below is affirmed. Let the lower Court records along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 124. ..Category: Property Law | Date: | Hits: 39
Abul Bashar Sowdagar and others Vs. Bacha Meah & others, 2006, 35 CLC (HCD)
....hari, Chittagong for permanent injunction restraining defendant Nos. 1-11 from passing any scheme or from giving effect to the same for blocking the stream of Balukhali khal or its feeding canals at Chandpur Mouza and from diverting course of the khal in any way to foil the plaintiffs' scheme at Sha......nts of Sailakupa Mouza and have cultivable lands at Sailakupa. There are about 336.52 acres of cultivable lands in Sailakupa which is a low-lying area. At the request of the people of this area, the Government allowed construction of a dam across the Balukali khal at Sailakupa by taking up a scheme....... In the result, the Rule is discharged without any order as to costs. Sent down the LC record with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 112. ..Category: Property Law | Date: | Hits: 25
Lokman Hossain @ Md. Lokman Ali (Md) Vs. State, 2003, 32 CLC (HCD)
....ed-appellant pleaded not guilty and claimed to be tried. 5. In support of the case, prosecution has examined as many as 6 witnesses including Chemical Examiner PW 4 Md. Abdul Awal. 6. On the other hand, accused-appellant has examined none. The defence case, as it transpires from the trend of exam......que under the seizure list Exhibit 6. Then the informant lodged the first information report Exhibit 1 whereupon the Rajpara PS case 4(9)93 was recorded by the then officer-in-charge PW 4 who made it over to the informant for investigation. 3. Being entrusted to investigate into the case the inve......nt and his sureties are discharged from their bail bonds. Sent down the LCR along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 109. ..Category: Criminal Law | Date: | Hits: 35
Faruq (Md) Vs. State, 2006, 35 CLC (HCD)
....ashfiqul Islam vs. State 6 BLC 705, Abul Hashan Mostafa 44 DLR 159, 50 DLR 515 and 41 DLR 167. 7. Mr. Nikhilesh Dutta, the learned Deputy Attorney-General appearing for the State, on the other hand, opposes the various contentions of the learned Advocate for the appellant and submits that the......nsferred to Metropolitan Special Tribunal No. 11, Dhaka for holding trial and the Tribunal was pleased to frame charge under section 19A and 19(f) of the Arms Act against the appellant which was read over to him and to which he pleaded not guilty and claimed to be tried. 4. In this case the p......at liberty forthwith if he is not wanted in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 104. ..Category: Criminal Law | Date: | Hits: 27
Nurjahan Begum Vs. Nur Rahman and Others, 2006, 35 CLC (HCD)
....8, 2006. Result: The Rule is discharged. Cases Referred To- Sadek Ali vs Suruj Ali and others 7 DLR 94; Abdul Kader Rari and others vs Kaiser Ahmed Howlader 3 MLR 227 = 4 BLC 17; Parkash Chand vs Hans Raj, AIR 1994 HP 144; Santosh Kumar Chakraborty vs MA Motaleb Hossain 36 DLR (AD) 248; ......hers 7 DLR 94; Abdul Kader Rari and others vs Kaiser Ahmed Howlader 3 MLR 227 = 4 BLC 17; Parkash Chand vs Hans Raj, AIR 1994 HP 144; Santosh Kumar Chakraborty vs MA Motaleb Hossain 36 DLR (AD) 248; Government of Bangladesh represented by the Additional Deputy Commissioner (Rev) vs Abdul Hoque Khan ...... Joint District Judge, Court No. 1, Rangpur in Other Suit No. 30 of 1997 decreeing the suit in part is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 98...Category: Property Law | Date: | Hits: 49
State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)
....1977(4) SCC 44; Creuze vs. Hunter, 2 Bro, CC, 449; Sheela Barse and another vs. The Union of India, AIR (1986) SC 1773; In re: Sessions Judge, Kalpetta, 1995 CriLJ 330; Pratap Singh vs. State of Jharkhand and another, 2005 (3) SCC 551; Sears vs. Oldfield (1985) 36 NTR 65; Johnson Johnson vs. Texas, ...... report he did not name anyone as accused or as a suspect. He stated that he heard that accused Roushan took the victim to the turmeric field and raped her; that he heard one Kamal handed the accused over to the police and that the police informed him (the witness) and took him to the police station......pressed by us in this judgment. Send down the lower Court's records along with a copy of this judgment at once. Ed. This Case is also Reported in: 59 DLR (2007) 72, 26 BLD (HCD) (2006) 549. ..Category: Criminal Law | Date: | Hits: 167
Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)
....he defendant No. 1 is to execute and deliver a "Deed of Agreement "in respect of sale of the said apartment to the plaintiff and to execute a "Registered Sale Deed" on receipt of the full payment and hand over the possession of the apartment by June, 1998; that the defendants relied on such terms an......fendant No. 1 is to execute and deliver a "Deed of Agreement "in respect of sale of the said apartment to the plaintiff and to execute a "Registered Sale Deed" on receipt of the full payment and hand over the possession of the apartment by June, 1998; that the defendants relied on such terms and con......eedings of Title Execution Case No. 3 of 2003 granted earlier is recalled and stands vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 66. ..Category: Business or Commercial Law | Date: | Hits: 208
....sued by the respondent No. 2 wherein it was alleged that the petitioners said to have slipped the answer scripts outside the examination hall, got the answer scripts written from outside by different hand and got those attached with the answer scripts. The petitioners were asked to submit their expl......re C) should not be declared to have been passed without lawful authority and is of no legal effect.
2. The short facts of the petitioner's case are, that they were regular students of Patuakhali Government College, who appeared for Honours examination from the Department of Management in the exa......e said examination for the next consecutive three years is hereby declared to have been passed illegally and without any lawful authority.
Ed.
This Case is also Reported in: 59 DLR (2007) 58.
..
Category: Others | Date: | Hits: 72
Siddiqur Rahman Vs. Chairman, Divisional Labour Court and others, 2006, 35 CLC (HCD)
.... the sittings of the Court will itself be meaningless. This, however, does not lead to the conclusion that a Labour Court may proceed to function without any member being present at all. On the other hand, even if a member is absent or ceases to be a member or incapable of sitting as a member, it ha......ement of the hearing of the case on 17-8-1998. 14. In this context we would like to refer to section 35 of the Industrial Relations Ordinance, 1969 which reads as follows: 35. (1) The Government may, by notification in the Official Gazette, establish as many Labour Courts as it consid......expeditiously in accordance with law. Send down the Lower Court Records and a copy of the judgment and order immediately. Ed. This Case is also Reported in: 59 DLR (2007) 49. ..Category: Labour and Industrial Law | Date: | Hits: 108
AKM Abdul Latif Vs. Banani Metal Limited and others, 1998, 27 CLC (HCD)
....sequently declined to be a director of the Company and refused to buy the shares allotted to him. In fact, the petitioner failed to comply with the terms and conditions of the agreement. On the other hand, the petitioner took back the part of the loan money on the date stated against each transactio......0 to invest the same in the respondent No. 1 company. Accordingly, the petitioner agreed and paid the amount on assurance given by the respondent No. 2 that the payment of this loan will get priority over all other loans of the respondent No. 1 company. It was agreed between the respondent No. 2 and......f default in making the payment does not arise. The application for winding up of the respondent Company is, accordingly, rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 62. ..Category: Company Law | Date: | Hits: 239
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