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Moulana Development Co. Limited Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)
....er as to costs. Mohammad Ullah J. - I agree. This Case is also Reported in: ......t relates to the previous assessment years other than the current assessment years. However, there shall be no order as to costs. Mohammad Ullah J. - I agree. This Case is also Reported in: ......ty Commissioner of Taxes Circle-23 (Companies) Taxes Zone-2, Chittagong respondent No. 3 should not be declared illegal without lawful authority and is of no legal effect and/or such other or further order or orders passed as to this court may seem fit and proper”. 2. It has been asserted in th......t relates to the previous assessment years other than the current assessment years. However, there shall be no order as to costs. Mohammad Ullah J. - I agree. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 12 Jun, 2013 | Hits: 86
Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)
.......Respondents Judgment June 11, 2013. Result: The appeal is allowed. Questions of Facts Whether notice was duly served or not upon the accused-respondent at its correct address or upon its authorized agent or upon himself, all these are questions of facts which are to ......t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58. ......Appellant. Mahmuda Begum, Advocate-on-Record—For the Respondent No. 2. None Represented—For the Respondent No. 1. Criminal Appeal No. 23 of 2008 (From the judgment and order dated 24-4-2006 passed by the High Court Division in Criminal Miscellaneous Case No.5214of2005......t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58. ..Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10
Sahab Uddin (Md.) Vs. State and another, 2013, 42 CLC (HCD)
....ot; loses its character as a negotiable one within the meaning of section 138 of the Act, 1881. Moreover, section 13 of the Act, 1881 which has defined "Negotiable instrument" has not made any distinction between crossed cheque "account payee" or cheque of other kind such as......ce during the trial. In view of the above, we find no merits in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 86. ......dent No.1. ASM Abdul Mobin, Advocate instated by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No.2. Criminal Petition for Leave to Appeal No.395 of 2010. (From the judgment and order dated the 30th day of May, 2010 passed by the High Court Division in Criminal Miscellaneous Ca......ce during the trial. In view of the above, we find no merits in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 86. ..Category: Civil Law | Date: 11 Jun, 2013 | Hits: 14
Grameen Telecom Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....er as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ......o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ...... General-For I.T. Department. Income Tax Reference Application No. 607 of 2004 Judgment AFM Abdur Rahman J. - In this Income Tax Reference Application, the Assessee-applicant challenged the order of the Taxes Appellate Tribunal refusing to allow the admission of appeal before the Commissio......o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 5 Jun, 2013 | Hits: 86
A.B.M. Liton Vs. Bangladesh & Others, 2013, 42 CLC (HCD)
....n) Present: Sheikh Hassan Arif J Mustafa Zaman Islam J A.B.M. Liton…………………………..Petitioner Vs. Bangladesh & Others…………………………&h......the refusal of bail are set-aside in so far as the petitioner is concerned. Communicate this order. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 207 ......e petitioner before proceeding against their properties, and since the Bank and the Adalat proceeded against the petitioner before exhausting all the processes against the main borrower, the impugned orders of arrest as well as the refusal of bail should not sustain in the eye of law……......the refusal of bail are set-aside in so far as the petitioner is concerned. Communicate this order. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 207 ..Category: Banking Law | Date: 3 Jun, 2013 | Hits: 5
Bimol Rosario Vs. Barbara Rosario and others, 2013, 42 CLC (HCD)
....ve the Photostat copies of the relevant papers and Taka 20,000 to the defendant No.1. After 3/4 months later the defendant No.1told that loan amount of 10, 00,000 has been sanctioned and claimed some additional costs. The plaintiff, thereupon, lending some money gave Taka 30,000 to the defendant No.......w are hereby maintained. Let a copy of this judgment along with the lower Court s record be sent down at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 122. ......laintiff stating that they will dispossess the plaintiff from the suit land and claimed the suit land on the basis of the impugned deed. The defendant Nos.1 and 2 created the gift deed collusively in order to grab the suit land. The plaintiff never went to the Sub-registry office to execute and regi......w are hereby maintained. Let a copy of this judgment along with the lower Court s record be sent down at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 122. ..Category: Civil Law, Evidence Law | Date: 22 May, 2013 | Hits: 3
Nazrul Islam (Md.) & others Vs. Mahfuzur Rahman and others, 2013, 42 CLC (HCD)
....ellip;………Defendant-Petitioners Vs. Mahfuzur Rahman and others.................Plaintiff-Opposite Parties Judgment May 21, 2013. Result: The Rule Is Made Absolute. Eviction of Defendants- In a suit for eviction of the defendants from a part......order along with the lower Court s record be sent down to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 126. ......ent and decree dated 11-11-2001 passed by the learned Assistant Judge, Shariakandi, Bogra in Eviction Suit No.57 of 1997 dismissing the suit, should not be set-aside and or pass such other or further order or orders as to this Court may seem fit and proper. 2. The facts leading to the iss......order along with the lower Court s record be sent down to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 126. ..Category: Property Law | Date: 21 May, 2013 | Hits: 6
Moon Construction Company Limited Vs. Government of Bangladesh & others, 2013, 42 CLC (HCD)
....(Civil) Present: Reza-ul-Hoque J A.B.M. Altaf Hossain J Moon Construction Company Limited……………….Petitioner Vs. Government of Bangladesh & others……………….Respondents Judgment Ma......ent. Office is directed to communicate the copy of this judgment forthwith. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 193 ......o why they should not be directed to refund the retention money/security deposit to the petitioner deducted from the bill of the works of package Nos. W-092N-CMMU and W-093N-CMMU pursuant to the work order Nos. MOHFW/CMMU/HNPSP/NC/Ctg, Khulna/Tender-09/2005/52 dated 26-6-2006 and MOHFW/CMMU/HNPSP/NC......ent. Office is directed to communicate the copy of this judgment forthwith. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 193 ..Category: Constitutional Law | Date: 16 May, 2013 | Hits: 4
ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)
....cations against the ex-parte judgments and decree of the Adalat similar to the provisions contained in section 19(2) of the Ain. While the appeal provisions of section 41 come immediately to mind, in addition, a reading of section 26 of the Act serves to provide an indication of invoking releva......charged without any orders as to costs.' Communicate the judgment to the court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9. ......earing in contravention of the provisions of the Artha Rin Adalat Ain, 2003 should not be declared to have been passed without lawful authority and are of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 3. In Writ Petition No. 9436 o......charged without any orders as to costs.' Communicate the judgment to the court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9. ..Category: Corporate Law, Others | Date: 15 May, 2013 | Hits: 8
.... Sinha J
MA Wahhab Miah J
Syed Mahmud Hossain J
Siddiqur Rahman Miah J
AHM Shamsuddin Choudhury J
Taposh Malaker..............Petitioner
Vs.
Government of Bangladesh, Represented by the Secretary, Ministry of LGRD) and others…………&he......made on proper appreciation of law and facts do not call for interference.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 19 BLC (AD) (2013) 1.
...... by Md. Zahirul Islam Advocate-on-Record—For the Petitioner.
None Represented—For the Respondents.
Civil Petition for Leave to Appeal No.186 of 2011.
(From the judgment and order dated 6-1-2011 passed by the High Court Division in Writ Petition No. 10044 of 2010).
Jud......made on proper appreciation of law and facts do not call for interference.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 19 BLC (AD) (2013) 1.
..
Category: Election Law | Date: 7 May, 2013 | Hits: 6
....
Appellate Division
(Civil)
Present:
Surendra
Kumar Sinha J
Md. A
Wahhab Miah J
Syed
Mahmud Hossain J
Siddiqur
Rahman Miah J
AHM Shamsuddin
Chowdhury J
Head Mistress, Hazrat Shah Ali Girls' High School, Mirpur,
Dhaka .............Petitioner
Vs.
......cordingly disposed
of.
The matter is remanded to the High court
Division for a fresh hearing.
Ed.
This Case is also Reported in: 65 DLR (AD) (2013)
300; 18 MLR (AD) (2013)153. ......er.
Khair
Azaz Masud, Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record—For
the Respondents.
Civil
Petition for Leave to Appeal No.23 of 2012.
(From the judgment and order dated
11-8-2011 passed by the High Court Division in Civil Revision No.4596 of 2007)
Jud......cordingly disposed
of.
The matter is remanded to the High court
Division for a fresh hearing.
Ed.
This Case is also Reported in: 65 DLR (AD) (2013)
300; 18 MLR (AD) (2013)153. ..
Category: Procedural Law | Date: 6 May, 2013 | Hits: 15
Moklesuddin Ahmed and another Vs. Rezia Khatun and others, 2013, 42 CLC (HCD)
........................Opposite Parties Judgment May 5, 2013. Result: The Appeal is dismissed Cases Referred to- Shabitribala Vs. Rohinikanta Mondal 4 DLR 11 and AIR 1965 (Madhya Pradesh) 21. Lawyers Involved: PC Guha, Advocate—For the Appellant-Petitioners...... number. The office is directed to do the needful accordingly. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 209. ......non-prosecution. Mr Guha in support of his contention in the application for re-admission, the said letter was reproduced in paragraph No.5 of the instant application. However, after passing the order of dismissal of the appeal for non-prosecution his client, said Moklesuddin Ahmed, again wrote...... number. The office is directed to do the needful accordingly. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 209. ..Category: Constitutional Law | Date: 5 May, 2013 | Hits: 4
Hasan Chowdhury (Md.) Vs. Bangladesh Bank and others, 2013, 42 CLC (HCD)
.... (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. AshrafUl Kamal J Hasan Chowdhury (Md.) ..................Petitioner (In both the petitions) Vs. Bangladesh Bank and others..................Respondents (In both the petitions) Judgment May 22......nd also to communicate the compliance of our direction to the Registrar of the Supreme Court without any fail. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 533. ......ations, both the Rules are disposed of. Respondent No.1 Governor, Bangladesh Bank is hereby directed to give a decision with due importance on the matter within 2 (two) months on receipt of this order and also to communicate the compliance of our direction to the Registrar of the Supreme C......nd also to communicate the compliance of our direction to the Registrar of the Supreme Court without any fail. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 533. ..Category: Banking Law | Date: 2 May, 2013 | Hits: 3
Sheikh Shahadat Hossain (Md.) Vs. National Board of Revenue, and others, 2013, 42 CLC (HCD)
....DLR (HCD) (2013) 522 ......vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522 ......iled to, deposit 50% of the penalty imposed in compliance with the provisions of section 194 of the said Act, his Appeal was rejected by the Tribunal as being not maintainable vide impugned order dated 20-2-2008 as communicated by Nothi No. CEVT/CASE(Cus)-287/2006/152(1-2) dated 25-2-2008.......vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522 ..Category: Fiscal/Taxation Law | Date: 25 Apr, 2013 | Hits: 2
JIT Knit Composite Ltd Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....tion the Rule is made absolute. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 480. ......onnection along with waiver of all interest as per guidelines of the respondent No.2 the Bangladesh Bank. 2. Since the execution case has been filed by the bank at the time of issuing Rule no ad-interim order was passed by the this Division. Now Mr. Bashir Ahmed the learned Counsel appearing fo......was issued calling upon the respondent No.2, Governor Bangladesh Bank, Bangladesh Bank Bhaban, Dhaka to show cause as to why it should not be directed to do what is required by law and pass necessary orders upon the respondent Nos.3-7 under section 45 of the Bank Companies Act, 1991 for consideratio......in stayed. With this observation and direction the Rule is made absolute. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 480. ..Category: Banking Law, Company Law | Date: 25 Apr, 2013 | Hits: 11
....ecords.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
......the Commissioner of Customs, Chittagong is set aside.
Communicate the judgment and send down the records.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
......ul Quddus J. - This appeal under section 196D of the Customs Act, 1969 at the instance of Bureau Veritas Bangladesh Ltd., a Pre-shipment Inspection Agent, has been preferred against judgment and order dated 08.07.2008 passed by the Customs, Excise and VAT Appellate Tribunal, Dhaka in an appeal ......the Commissioner of Customs, Chittagong is set aside.
Communicate the judgment and send down the records.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
..
Category: Fiscal/Taxation Law | Date: 24 Apr, 2013 | Hits: 186
Abdul Mukid (Md.) Vs.. Artha Rin Adalat Khulna and another, 2013, 42 CLC (HCD)
....l Mukid (Md.)...........................Petitioner Vs. Artha Rin Adalat Khulna and another................Respondents Judgment April 21, 2013 Result: The Rule is made absolute. Cases Referred to- Supreme Court of Bangladesh Vs. Md. Sufi Uddin, 6 BLC (AD......d or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 211. ......ioner before the Artha Rin Adalat, 2nd Court, Khulna for realization of loan of Taka 11, 32,972.25. Accordingly, the Artha Rin Adalat registered the same as Miscellaneous Case No. 148 of 1991 by order dated 19-6-1991, and subsequently, by ex parte Order dated 31-5-1992 allowed the Miscellaneous......d or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 211. ..Category: Corporate Law | Date: 21 Apr, 2013 | Hits: 4
....
This Case is also Reported in: 66 DLR (HCD) (2014) 117
......ng of Miscellaneous Case No. 28 of 2011 before the Joint District Judge if he is so advised.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 117
......ng is necessary. Therefore, on our direction it has been placed in the list on 18-4-2013 for re-hearing and after hearing both sides we deliver the judgment as under, upon recalling the unsigned order dated 26-2-2013.
2. This rule is directed against order No.32 dated 4-4-2012 passed in Mo......ng of Miscellaneous Case No. 28 of 2011 before the Joint District Judge if he is so advised.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 117
..
Category: Civil Law, Procedural Law | Date: 18 Apr, 2013 | Hits: 2
Tajul Islam and others Vs. Billal Hossain and another, 2013, 42 CLC (AD)
....granted by this court will continue. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 165. ......e appellants shall appear before the Sessions Judge, Chandpur and till then the bail granted by this court will continue. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 165. ...... Momtaz Uddin Fakir, Additional Attorney General Instructed by B. Hossain, Advocate-on-record- For the State, respondent No.2. Criminal Appeal No.04 of 2002. (From the judgment and order dated 26.10.1999 passed by the high court division in criminal revision No.762 of 1991) ......e appellants shall appear before the Sessions Judge, Chandpur and till then the bail granted by this court will continue. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 165. ..Category: Procedural Law | Date: 16 Apr, 2013 | Hits: 8
Bangladesh Inland Water Transport Au¬thority (BIWTA) Vs. Bangladesh & others, 2013, 42 CLC (HCD)
....s Case is also Reported in: 65 DLR (HCD) (2013) 535 ......ind that the instant writ petition is not maintainable. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 535 ......to this writ petition seeking further declaration that the said Annexure-D is without lawful authority and is of no legal effect and as to why the respondents should not be restrained by an order of injunction from leasing out the land of Maowa Riverport and its foreshore land in any manne......ind that the instant writ petition is not maintainable. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 535 ..Category: Constitutional Law | Date: 15 Apr, 2013 | Hits: 3
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