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....fusal to entertain the appeal of the petitioner under section 158 of Income Tax Ordinance, 1984 by impugned order dated 29‑1‑90 (Annexure‑B) to the petition should not be declared to be without lawful authority and of no legal effect and why he should not be directed to entertain and hear and ......n the appeal of the petitioner under section 158 of Income Tax Ordinance, 1984 by impugned order dated 29‑1‑90 (Annexure‑B) to the petition should not be declared to be without lawful authority and of no legal effect and why he should not be directed to entertain and hear and dispose of the sa...... upon the respondent Income Tax Appellate Tribunal Chittagong to show cause as to why his refusal to entertain the appeal of the petitioner under section 158 of Income Tax Ordinance, 1984 by impugned order dated 29‑1‑90 (Annexure‑B) to the petition should not be declared to be without lawful a..
Category: Fiscal/Taxation Law | Date: | Hits: 221
Janapriya Rice Mills Ltd and 2 others Vs. Bangladesh, 1996, 25 CLC (HCD)
....to the petitioner and subsequent Memo dated 21‑5‑1991 (Annexure‑H) and Memo dated 28‑7‑1991 (Annexure‑J) passed by the respondent No.5 should not be declared to have been made without any lawful authority and of no legal effect. Rule in Writ Petition No.2435 of 1992 was issued at the ins......rted in: 49 DLR (HCD) (1997) 277. ......ecord submitted that the Government having allowed the petitioner to pay its dues by deducting from the milling charge and having not supplied paddy to the petitioner acted illegally in canceling the order dated 5‑2‑1990 by the impugned order dated 13‑5‑1991. He further submitted that a vest..Category: Others | Date: | Hits: 146
Bangladesh Water DevelopÂment Board Vs. Zakir Construction and Co. and another, 1995, 24 CLC (HCD)
....reme Court, High Court Division, tendered his resignation before confirmation and since then he has been practicing as an Advocate of the Supreme Court and the Subordinate Judge committed an error of law in appointing Mr. Maksudur Rahman citing him as a retired Judge of the Supreme Court. On 15-9-94...... Division (Civil Revisional Jurisdiction) Present: Md. Abdul Karim J Syed Amirul Islam J Bangladesh Water DevelopÂment Board....................Petitioner Vs. Zakir Construction and Co. and another.....................Opposite Parties Judgment November 16, 1995. Result......r the Opposite Party. Civil Revision No.1451 of 1995. Judgment Md. Abdul Karim J.- This Rule issued on an application under section 115 of the Code of Civil Procedure is directed against the order dated 21‑1‑95 passed by the learned Subordinate Judge, 3rd Court, Dhaka, in Miscellaneous ..Category: Alternative Dispute Resolution | Date: | Hits: 521
State Vs. Abul Howlader, 1995, 24 CLC (HCD)
....y and they used to quarrel off and on and Abul used to beat his wife Khodeja occasionally. After the birth of the child at Khodeja's father's house accused Abul went to the house of his father‑in‑law and wanted to take back his child and his wife. The informant and his wife refused the prayer of......5 of 1992 against accused Abul Howlader. The condemned‑prisoner has also submitted a jail appeal being Jail Appeal No.1251 of 1992. The reference as well as the jail appeal have been heard together and will now be disposed of by this common Judgment. 2. Short facts for the disposal of the refer......s of sections 300 and section 299 abruptly came to the conclusion that the accused has committed the crime punishable under section 302 of the Penal Code and awarded the extreme penalty of death. The order of conviction and sentence is grossly against law and cannot be sustained but it is liable to ..Category: Criminal Law | Date: | Hits: 97
British Airways Plc. Vs. Bangladesh Air Services Pvt. Ltd., 1996, 25 CLC (HCD)
....te Judge and a Division Bench of this Court made absolute setting aside the interim order passed by the learned Subordinate Judge on the ground the there being no arbitration proceeding in the eye of law, the interim order of injunction issued by the learned Subordinate Judge suffered from infirmity...... Bangladesh Air Services Pvt. Ltd..................Opposite Party Judgment February 8, 1996. Result: The rule is made absolute. Cases Referred to- Michael Golodetz Vs. Serajuddin and Co., AIR 1963 (SC) 1044; Rabindra N. Maitra Vs. Life Insurance Corporation of India, AIR 1964 (C......adud Khondaker, Advocate ‑ For the Opposite Party. Civil Revision No.3934 of 1994. Judgment Abdul Karim J.- This Rule was issued calling upon the Opposite Party to show cause as to why the order dated 27.11.94 passed by the learned Subordinate Judge and Arbitration Court, Dhaka, in Arbitr..Category: Alternative Dispute Resolution | Date: | Hits: 304
Khorshed Alam Vs. State & others, 1982, 11 CLC (HCD)
....s Sultan Ahmed and Hanif informed the petitioner at his house that his shop was set on fire and burnt to ashes. He started for the shop being accompanied by his son Bashir Ahmed, Bachu and brother-in-law Tazul Islam and on arrival there he found his son Faruk dead, being burnt by fire. He also found......¦Petitioner Vs. The State & others…………………………Opposite-Party Judgment November 2, 1982. Result: The rule is made absolute. Cases Referred to- Suruj Meah and others Vs. Rahim Ullah and others, 33 DLR 8. Lawyers Involved: Md. Abdus Sobhan with Khan ......inal Revision No.430 of 1980. Judgment Abdul Matin Khan Chowdhury J.- This Rule arises out of an application under sections 439 and 561A of the Code of Criminal ProÂcedure directed against the order No.6 dated 15.9.80 passed by the learned Sessions Judge, Bakerganj in Sessions Case No.213 of ..Category: Procedural Law | Date: | Hits: 100
Estaque Ali Howlader & others Vs. Jahangir Alam Matbar, 1983, 12 CLC (HCD)
....ated 7.7.83 passed by the learned District Judge, Bakerganj in Miscellaneous Appeal No.96 of 1983 in hereby set aside. No costs. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 398. ......o.225 of 1983 for a permanent injunction restraiÂning the defendants-petitioners, from entering into the suit properties by force. Their case, in brief, is that plaintiff No.1 Jahangir Alam Matubbar and his brother defendant No.2 Babar Ali Matubbar and his mother Shamsun-nahar Begum defendant No.3 ...... F. Hasan Ariff with Hemayetuddin Ahmed - For the Opposite Parties. Civil Revision No. 3 of 1983. Judgment MH Rahman J.- This rule, at the instance of the defendants, is directed against an order passed in MisceÂllaneous Appeal No.96 of 1983, under Order 43, rule 1 (a) of the Code of Civi..Category: Civil Law | Date: | Hits: 147
M/s Shorhab Vegetable Oil Refinery Limited Vs. Artha Rin Adalat and others, 2007, 36 CLC (HCD)
.... by any competent agency in presence of both the parties. 9. The stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 537....... (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Abu Tariq J M/s Shorhab Vegetable Oil Refinery Limited……………………….Petitioner Vs. Artha Rin Adalat and others………………………Respondents Judgment August 14, 2007. Result: The r......sana Begum, Advocates - For the petitioner. Shamim Khaled Ahmed, Advocate - For the Respondents. Writ Petition No.7320 of 2005. Judgment Nazmun Ara Sultana J.- This rule has arisen out of order No.18 dated 2.10.2005 passed by the Artha Rin Adalat, No.2, Dhaka in Artha Rin Case No.133 of ..Category: Civil Law | Date: | Hits: 120
Mst. Fatema Begum and others Vs. AKM Gyasuddin Sarder and others, 2007, 36 CLC (HCD)
....iled. 4. The defendants nos.1-8, 10-11 and defendant No.9, contested the suit by written statement denying material allegations made in the plaint and that the suit was not maintainable, barred by law of limitation. Principles of waiver, estoppels and acquiescence and stated that Abdul Jabbar was...... and communicate the order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 534.......te parties No.1-7 to show cause as to why the Judgment and decree dated 18.10.98 passed by the Additional District Judge, 2nd Court, Dhaka, in Title Appeal No.43 of 97, setting aside the Judgment and order dated 23.02.97 passed by Assistant Judge, Savar Thana, Dhaka, in Title suit No.132 of 95 shoul..Category: Procedural Law | Date: | Hits: 97
Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....daughter of Kala Chand Basak a co-sharer having 5 annas interest in suit property and contesting Defendant having adduced no evidence contrary to that of Plaintiff, Courts below committed an error of law in failing to hold that Plaintiff is the daughter of Kala Chand Basak, and plaintiff as such, is......: 15 BLT (HCD) (2007) 506; 13 BLC (HCD) (2008) 1. ......s Defendants paid rents upto month of November, 1971. During War of Liberation of 1971, Plaintiff as well as tenants Fourth-Twelfth Defendants left suit holding and took shelter to the other side of border for safety of their lives. During Liberation Movement Plaintiff lost all counter foils signed ..Category: Procedural Law | Date: | Hits: 108
....rpose of exhibiting films to cinemagoers. It got licence for exhibition under the provision of the Cinematograph Act, 1918 (Act No.11 of 1918). The licence having been accorded under the provision of law by the District Magistrate of the concerned district in the year 1983 the Cinema House continued......ginal Jurisdiction)
Present:
Md. Ruhul Amin J
Zakir Ahmed J
Anwar Hossain (Md.)…………………….Petitioner
Vs.
Secretary, Ministry of Finance, (Internal Resources Division) and others………….…….Respondents
Judgment
March 20, 1994.
Result:
The Rule is d......er the petitioner made several representations to the Customs authorities but to no effect. On 7‑2‑1990 the respondent No.3 who is the Assistant Collector of Customs and Excise, Jessore issued an order of attachment containing inter alia, a sum of Taka 30,69,792.00 paisa was due from the petitio..
Category: Fiscal/Taxation Law | Date: | Hits: 278
Zafar Ali (Md.) Vs. Md. Momtaz Hasan & others, 1997, 26 CLC (HCD)
....cy Act. So the reliefs claimed for declaration as stated above and also for redemption, giving colour of usufructuary mortgage to the transaction, is not legally available. 4. The only question of law involved is whether the transaction namely, transfer of the suit land on the basis of deeds of s......Vs. Md. Momtaz Hasan & others……………………………Opposite Party Judgment February 19, 1997. Result: The Rule is made absolute. Cases Referred to- Abdul Kader and another Vs. Abdul Aziz, 19 DLR 404; Nuruddin Ahmed Chowdhury Vs. Gunnu Meah represented by the A...... is made absolute. The Judgment and decree of the appellate Court are set aside and those of the trial Court are restored. The suit is decreed. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 319. ..Category: Property Law | Date: | Hits: 117
....scharged with costs and the order of stay stands vacated.
Let the LC Records be sent down immediately with a copy of the Judgment.
Ed.
This Case is also Reported in: 49 DLR (HCD) (1997) 318.
......ase is also Reported in: 49 DLR (HCD) (1997) 318.
......nha with AKM Ahmadul Hasan, Advocates ‑ For opposite Party No.1.
Civil Revision No.3212 of 1993.
Judgment
Kazi Ebadul Hoque J.- This Rule at the instance of 3rd party petitioner is against order dated 18‑11‑93 passed by the Senior Assistant Judge, Mymensingh, sadar in SCC Execution Ca..
Category: Procedural Law | Date: | Hits: 135
Abdur Razzaque Vs. State and another, 1982, 11 CLC (HCD)
....nds for proceeding against him the Court may discharge the accused or send the petition of complaint left undisposed of to the Court of the learned Sub-Divisional Magistrate for disposal according to law as provided under sub-section 2 (A) of section 202 Cr.P.C." 5. The next impugned order is dat......h Court Division (Comilla Bench) (Criminal Revisional Jurisdiction) Present: ATM Afzal J Mohammad Abdur Rouf J Abdur Razzaque……………………… Petitioner Vs. State and another………………………… Opposite party Judgment November 9, 1982. Result:......M Shahid, Assistant Attorney-General - For the State. Criminal Revision No. 40(C) of 1982. Judgment ATM Afzal J.- Accused-petitioner Abdur Razzak obtained this rule calling in quesÂtion two orders. The first one is dated 13.4.82 passed by Additional Sessions Judge, 3rd Court, Comilla in Se..Category: Criminal Law | Date: | Hits: 110
M/s. Mamun Poultry Complex Vs. Government of Bangladesh & Others, 2006, 35 CLC (HCD)
....ation of the impugned memo dated 31-05-06 as evident in Annexure-D be stayed. With this observation the application is disposed of. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 56. ......itioner to pay the principle amount in 24 equal installment as per the directive made by the Government. 2. The learned Advocate appearing on behalf of the petitioner submits considering the facts and circumstances and the sick condition of the said industry the Government issued a Memo directing......ion made by the petitioner as evident-in Annexure-F as per the guide line made by the Government as evident in Annexure-C to the writ petition within 30 (Thirty) days from the date of receipt of this order. In the meantime the operation of the impugned memo dated 31-05-06 as evident in Annexure-D be..Category: Others | Date: | Hits: 125
Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)
....nts to show cause as to why the order of suspension dated 10.06.2004 as in Annexure-A and the notice dated 21.03.2005 to show cause as in Annexure 'B' should not be declared to have been made without lawful authority and be of no legal effect and why a declaration should not be made to the effect th......sent: Md. Abdul Matin J ATM Fazle Kabir J Md. Zulfikar Mahmud………………………Petitioner Vs. The National University, Gazipur represented by the Vice-Chancellor, Gazipur-1706 and others…………………………Respondents Judgment April 18, 2006. Result: The...... Petition No.2066 of 2005. Judgment ATM Fazle Kabir J.- This Rule Nisi was issued at the instance of sole petitioner Md. Zulfikar Mahmud calling upon the respondents to show cause as to why the order of suspension dated 10.06.2004 as in Annexure-A and the notice dated 21.03.2005 to show cause ..Category: Employment/Service Law | Date: | Hits: 165
Abdul Gani alias Ganya Vs. State, 2006, 35 CLC (HCD)
....ed from his bail bond as he has already served out sentence of imprisonment for 10 years. Send down the Lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 47. ......LR (AD) 24. Lawyers Involved: Md. Shihab Uddin Mahmud - For the Convict Appellant. A. B. M. Waliur Rahman, Deputy Attorney-General with Zinnat Akhter Nazley Begum, Assistant Attorney-General and Md. Nazmul Haque, Assistant Attorney-General - For the State. Criminal Appeal No.1 of 1999. ......torney-General - For the State. Criminal Appeal No.1 of 1999. Judgment Md. Ali Asgar Khan J.- This appeal by the convict appellant Abdul Gani alias Ganya is directed against the Judgment and order of conviction and sentence dated 30.11.1998, passed by the learned Judge of Special Tribunal N..Category: Criminal Law | Date: | Hits: 102
State Vs. Raisuddin and others, 1996, 25 CLC (HCD)
....al, Shahidullah, Siddique, cousin Tayeb Ali, Ranju, Almas, Ishaque and Habibullah while indulged in gossiping at the inner Courtyard of the informants house, suddenly the accused persons forming an unlawful assembly being armed with deadly weapons such as gun, dao, chala, dagger, kirich, etc. surrou......7. ...... No.144 of 1991 on 13‑7‑92. Accused Raisuddin, Amanullah, Morshed, Samar, Mowla, Shahid, Makbul, Manik, Islam and Ramijuddin also filed an appeal being Criminal Appeal No.1011 of 1992 against the order of conviction and sentence dated 13‑7‑92 passed by the learned Sessions Judge. Accused Sam..Category: Criminal Law | Date: | Hits: 104
Bangladesh Vs. Hosne Ara Begum and others, 1994, 23 CLC (HCD)
....the defendant Nos.1 to 4 inherited the property of Syed Abdul Ali and the defendant Nos.1 to 4 were living in this country when ,his deed of agreement was executed. He submits that abandoned property law came into force in February, 1972. But the defendant Nos.1 to 4 as the heirs of Syed Abdul Ali i...... (Civil Revisional Jurisdiction) Present: Mozammel Haque J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh, represented by the Secretary Ministry of Public Works and Urban Development........................Petitioner Vs. Hosne Ara Begum and others..............t was prepared and even if the suit property was allotted to sortie Government allottee, that will not ipso facto) mean that it is an abandoned property under the provision of Article 2 of Presidents order No‑16 of 1972. We find from the records that original copy of Ext. B was filed in Court, but..Category: Property Law | Date: | Hits: 157
Akhtar Rahman Vs. State & others, 1982, 11 CLC (HCD)
....thout due care and attenÂtion". In the instant case, the learned Sub-Divisional Magistrate in taking cognizance of the case under the Code of Criminal Procedure acted in complete ignorance of the law. The question of good faith has, therefore, no releÂvancy here and section 529 of the Code cann......med Sultan son of late Miajan Mollah………………Opposite Parties Judgment August 20, 1982. Result: The Rule is made absolute. Lawyers Involved: B.N. Chowdhury with Parimal Chandra Guha and Arun Kumar Bhattacharjee - For the Petitioner. Shah Mohammed Sharif with Nizamul H......r Opposite Parties No. 2. Moazzem Hossain, Deputy Attorney General- For the State. Criminal Revision No. 484 of 1981. Judgment Abdur Rahman Chowdhary J.- This Rule is directed against an order passed by the Sub-Divisional Magistrate, Bhola, taking cognizaÂnce of a case under section 37..Category: Criminal Law | Date: | Hits: 107
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