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Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 2008, 37 CLC (AD)
....and needy, and for the cognate purposes specified in the next verse but one: Zakat is the regular and obligatory charity in an organised Muslim community, usually 2½ per cent, of merchandise and 10 per cent, on the fruits of the earth. There is a vast body of literature on this su...... the petitioner as to narration of the facts in the judgments. 4. The question of law that was made the subject matter of Reference cases is, whether the expenditure on the head 'Zakat' is covered by the provisions of section 29(1)(XXVII) of the Income Tax Ordinance, 1984. It was contende......fused into, by the worldly law/man-made law, for and on behalf of its account holders/depositors as well as in respect of the persons associated with the corporate body in the matter of running or management of its business as 'Zakat' in the present concept of institution of 'Zakat', and in the ..Category: Fiscal/Taxation Law | Date: | Hits: 145
Azizullah (Md) and others Vs. State and others, 2009, 38 CLC (AD)
....e relates to the direction given by the High Court Division to the respondent No.2, the Receiver appointed in Non FIR Case No.793 of 1997 filed under section 145 of the Code of Criminal Procedure, to hand over the possession of holding No.59/1 Purana Paltan, Dhaka to Mr Humayun Kabir, the added resp......ates to the direction given by the High Court Division to the respondent No.2, the Receiver appointed in Non FIR Case No.793 of 1997 filed under section 145 of the Code of Criminal Procedure, to hand over the possession of holding No.59/1 Purana Paltan, Dhaka to Mr Humayun Kabir, the added responden......session of Holding No.59/1 Purana Paltan to the respondent No.4 is set aside. There will be no order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 142, 16 MLR (AD) (2011) 117...Category: Criminal Law | Date: | Hits: 62
Md. Ekram Hossain Bhuiyan Vs. Matiar Rahman Bhuiyan and others, 2008, 37 CLC (HCD)
....nt July 31, 2008. Result: The Rule is made absolute. Cases Referred to- 35 DLR (AD) 54, 60 DLR 270 & 35 DLR 238. Lawyers Involved: Md. Golam Mostafa with A.K.M. Rezaul Karim Khandaker, Advocates-For the Pre-emptee-Petitioner. Humayun Kabir Sikder, Advocate-Opposite party ......r while enjoying and possessing the land verbally gifted the land to him. This witness also stated in his deposition that after the death of his father on 18th Jaistha, 1404 B.S. he was asked to hand over the possession of the case land and thereafter on 01.06.97 after obtaining the certified copy o......pposite party No. 1 is dismissed. Let a copy of the judgment along with LC records be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 201; 14 MLR (HCD) (2009) 175. ..Category: Property Law | Date: | Hits: 37
S.M. Zakir Hossain Vs. Bangladesh, 2009, CLC (HCD)
....; hvB‡Z cv‡i hw` Aa¨¶ c` cÖv_©x Gg, wdj/ W±‡iU wWMªxi AwaKvix nb|" 21. In the other hand the petitioner has claimed his appointment as Principal as per notification No. Sha:11/6(2)/20......m Dhaka University. The petitioner joined in the Abdul Jabber College, Borhanuddin, Bhola on 26.10.1981 as a Lecturer of Political Science. The Abdul Jabber College, Borhanuddin, Bhola is a non-Government Decree College ssperforming its function under the control of the National University, th......ervice condition regulation 1994 that it has been made under the authority of section 24(Dha) 26(3) and schedule 2 of the National University Act 1992. The national university for the appointment, management and control the college Teacher has made regulation namely Non-government degree college..Category: Constitutional Law | Date: | Hits: 121
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....am Azam 46DLR (AD) 199, Kazi Muklesur Rahman Vs. Bangladesh 26DLR (SC) 44; Dr. Mohiuddin Farooque Vs. Bangladesh 49 DLR (AD) 1, Registrar of University of Dhaka Vs. Zakir Ahmed 16 DLR SC 722, Sankar Chand’s case, AIR 1977 S.C. 2328, Reference re-amendment of Constitution of Canada, 123 DLR(3rd)1,8......E-Elahi Panir Vs. Bangladesh 44 DLR(AD) 319; Raj Kanwar, Advocates V. Union of India, (1992) 4 SCC 605; Abrar Hassan Vs. Govt. of Sind P.L.D 1976 S.C page 315; S.N. Goswami, Advocate and another Vs. Government of Bangladesh, 55 DLR 332; Sankal Chand (AIR 1977 SC 2328); A-G vs. Jonthan Cape Ltd. {197......d guidelines.” The short order shall form part of the judgment. These petitions are accordingly disposed of. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 79, VII ADC (2010) 721. ..Category: Constitutional Law | Date: | Hits: 251
M/S. Classic Fashion Limited Vs. Mrs. Asrafunnessa Dana and another, 2009, 38 CLC (AD)
....rties could be solved through arbitration, but the plaintiff without following the said terms of contract instituted the false suit which is liable to be dismissed as also time barred. On the other hand the added defendant No.2 Islami Bank also contested the suit contending that the defendant No......ection 23 of Limitation Act and that fresh period of limitation begins to run at every moment of time during such breach of contract without considering the settled principle that the period for recovery of arrear rent having been fixed by Article 110 of schedule I of the Limitation Act at 3 yea...... Security of TK.1000.00 is to be deposited with one month from date. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 110
Golam Mostafa and others Vs. Government of the People’s Republic of Bangladesh, 2007, 36 CLC (AD)
....t and as per terms and conditions as agreed upon and on receipt of the payment of the entire consideration amount the Government executed and registered the formal lease deed on 07.11.1969, though handed over the physical possession of only 49.83 acres of land out of 60 acres leased out land to ......Amirul Kabir Chowdhury J Md. Joynul Abedin J Golam Mostafa and others, represented by their constituted Attorney, Golam Mostafa. ……..Petitioners Vs. The Government of the People’s Republic of Bangladesh represented by Secretary Ministry of Land an......on the unauthorized occupants on 25th August, 1993 but the process of eviction was not followed up by the Deputy Commissioner’s Office, causing loss and damage as well as interference in the management affairs of the petitioner’s company. 3. The High Court Division made the ..Category: Property Law | Date: | Hits: 25
Special Reference No.1 of 2009, 38 CLC (AD)
.... by Article 45 of the Constitution immunizing such law from any limitations and restrictions under Articles 27, 31 and 35 of the Constitution. 8. Mr. Rafiq-ul-Huq, the learned Counsel on the other hand expressed almost the same opinion as that of Mr. Khan submitting that in view of the nature of ......itude was committed on 25.2.2009 and 26.2.2009. Subsequently the offence of mutiny was also committed in 40 different BDR establishments around the country. In course of the said occurrence spreading over two days above BDR mutineers in the Peelkhana killed in all 73 persons, of them 57 were very up......e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 289
Syed Nurul Azim Babar Vs. State, 2009, 38 CLC (AD)
....Respondent Judgment July 5, 2009. Cases Referred To- Rameshwar Dayal vs. State of U. P. AIR. 1978 S.C. 1558; Surjan Vs. State of Rajasthan AIR 1956 SC 425; Bangladesh (State) Vs. Paran Chandra Baroi BCR 1986 (AD) 225. Lawyers Involved: A. K. Badrul Huq, Senior Advocate instruct....... Case No. 8 dated 06.09.2000. 3. S. I. Ahamedur Rahman was endorsed with the responsibility to investigate the Case, which he did from 06.09.2000 till 26.02.2001, when the investigation was taken over by his successor S. I. Md. Nurul Islam (P.W.14) who, thereafter, finding no evidence, submitted......on of the deceased. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 66; VI ADC (2009) 709...Category: Criminal Law | Date: | Hits: 60
Shamsu Meah and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)
.... Fazle Kader Siddique ........................Petitioner (In Civil Petition No. 437 of 2005) Mohammad Shah Newaz ..................Petitioner (In Civil Petition No. 438 of 2005) Khandakar Mahfuzul Huq...................Petitioner (In Civil Petition No. 439 of 2005) Roksa...............Petitioner (In Civil Petition No. 441 of 2005) Gias Uddin………...............................Petitioner (In Civil Petition No. 442 of 2005) Vs. The Government of Bangladesh represented by the Secretary, Ministry of Housing and Public Works, Secreta......bservation of the High Court Division on the merit, of the case will have no bearing while deciding the dispute by any civil Court. Ed. This Case is also Reported in: VI ADC (2009) 702. ..Category: Property Law | Date: | Hits: 34
Md. Abu Sufian and others Vs. Ferdoshi Begum and others, 2009, 38 CLC (AD)
....nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 698. ......nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 698. ......oint signatures was acted upon and fully implemented. It has become the practice of the respondent company to operate its bank accounts under joint signatures. This practice regarding the internal management of the respondent company is firmly established and it is indispensable for the smooth r..Category: Business or Commercial Law | Date: | Hits: 199
Bangladesh Vs. Mariam Begum and others, 2009, 38 CLC (AD)
....lished a full fledged Bazar as defined under section 2(12) and section 20(a) of the State Acquisition and Tenancy Act, 1050 and after forfeiture, the government took possession of the above Bazar and handed over the management of the said Bazar to Dhaka Municipal Corporation and that the Bazar was t...... is locally as Rumpura Bazar which has been established a full fledged Bazar as defined under section 2(12) and section 20(a) of the State Acquisition and Tenancy Act, 1050 and after forfeiture, the government took possession of the above Bazar and handed over the management of the said Bazar to Dha......edged Bazar as defined under section 2(12) and section 20(a) of the State Acquisition and Tenancy Act, 1050 and after forfeiture, the government took possession of the above Bazar and handed over the management of the said Bazar to Dhaka Municipal Corporation and that the Bazar was taken over by the..Category: Property Law | Date: | Hits: 25
HRC Shipping Ltd. Vs. MV Lady Fatima and others, 2009, 38 CLC (AD)
....ce of vacating the order of arrest in Admiralty Suit No.278 of 2005 had addressed some issues, it is the view of the High Court Division that issues in the facts and circumstances of the matter at hand substantiate the defendants' claim as to the error evident in the order of arrest dated 10-7-2......for delay or miss delivery or non-delivery of cargo for which either party would be responsible with a 1st Class or reputed P & 1 Club. Both parties guaranteed to maintain such insurance coverage or a reputable P &1 club guarantee for the duration of the said agreement. The defendan...... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009)115. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 513
Mohammad Mostafa alias Dayemuddin and another Vs. State, 2009, 38 CLC (AD)
.... Karim. While witness Noor Soleman came forward to rescue the victim, the accused Gaznabi struck on his head with lathi and also the right arm. Accused Mozibul Haque and Ruhul Amin broke his right hand. Accused Azad and Masod caused injury on the finger of his left hand by lathi blow. Accused Az......ct was committed in the heat of passion. It has to be proved further that the act committed was the result of sudden "fight" without the offender "having taken undue advantage" over the victim. Besides, it must also be proved that the offender did not act in a cruel and unusu......Sessions Judge, Laxmipur. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 150; 14 MLR (AD) (2009) 334. ..Category: Criminal Law | Date: | Hits: 50
Md. Kudrat Ali Vs. Dr. Mahfuzul Haque and another, 2008, 37 CLC (AD)
.... Vs. Dr. Mahfuzul Haque and another..........Respondents Judgment August 19, 2008. Lawyers Involved: Sayed Aminul Islam, senior Advocate, instructed by Bivash Chandra Biswash, Advocte-on-Record-For the Petitioner. Md. Nawab Ali, Advocate-on-Record-For r...... Article of Association of the proposed company were printed containing the above terms along with other terms and the sponsors, as above, after putting their signatures on 8 copies thereof handed over those to the petitioner for submission of four copies to the Office of the Registrar, Joint St......petitioner will be the Chairman and the Managing Director respectively and their spouses will be the Directors thereof and each group will hold 50% i.e. equal share as well as equal say in the management of the proposed company and thereafter 50 copies of the Memorandum and Article of Assoc..Category: Criminal Law | Date: | Hits: 44
Md. Shoukat Ali Howlader and others Vs. Nur Box Howlader and others, 2008, 37 CLC (AD)
..... Defendant-petitioners Vs. Nur Box Howlader and others…....................Plaintiff-respondents Judgment August 5, 2008. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Md. Nawab Ali, Advocate-on-Record-For......Assistant Judge, Mulladi, Barisal for partition of the land as described in the schedule-'Ka' to the plaint alleging, inter alia, that the suit land appertaining to Petty Settlement Khatian No. 70 covering and area of 9.02 acres originally belonged to three brothers namely Hamid Ali, Wahed Ali an......nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 604. ..Category: Property Law | Date: | Hits: 24
Abdul Gafur Vs. Mariom Bibi and others, 2009, 38 CLC (AD)
....n and also for permanent injunction in respect of 2nd schedule land within the 1st schedule property of the plaint asserting, inter alia, that the suit schedule land originally belonged to Koilash Chandra Dey and others, that by amicable partition Alangamohan Deb Nath became the absolute owner of......tructing deep tube well thereon. In other portion, the petitioner has dug a pond and has been rearing fishes. Besides, some portions of the suit schedule land are being used as graveyard. Moreover, the petitioner also sold some land to defendant Nos. 23-29 and handed over possessing to them...... of fact has been affirmed by the High Court Division. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 591. ..Category: Property Law | Date: | Hits: 25
Nasiruddin Biswas Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (AD)
....e is no illegality or infirmity in the above decision so as to call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 587. ...... established a printing section of Nasir Biri Industry Ltd and on the same date the said press section was enlisted in Form VAT-8 and the petitioner used to pay Tk.10,000/-annually as turnover tax as determined in accordance with the Value added Tax Act, 1991 (VAT Act, 1991) and th......ide notice dated 31.05.1999 was also issued on Nasir Biri Industries Ltd for payment of Government dues amounting to Tk.7,53,545.23 and moreover after giving personal hearing to the concerned management of the petitioner, demand notice was issued. 4. We have heard the learned c..Category: Fiscal/Taxation Law | Date: | Hits: 83
Nazmul Huda Chowdhury Vs. Janata Bank and another, 2008, 37 CLC (AD)
.... so it was accepted by the Government of Bangladesh and eventually executed sale deed No. 338 dated 8.6.1990 in favour of the plaintiff. The Government evicted some occupants by way of eviction and handed over the same to the plaintiff. The defendant Nos.1-2 were in occupation of two rooms on th......placed before the High Court Division are that the suit building a four storied building situated at 27, Agrabad Commercial Area, known as "Mercantile Court" belonging to a non Bengali vested in the Government of Bangladesh as abandoned property and the said building was occupied by different tenant......n Bengali vested in the Government of Bangladesh as abandoned property and the said building was occupied by different tenants including the plaintiff. The Government of Bangladesh under its power of management of abandoned properties, published auction notice for sale of the same "Mercantile Court"..Category: Property Law | Date: | Hits: 28
H.B.M. Iqbal Vs. Md. Shirajul Islam and others, 2009, 38 CLC (AD)
....17. We find no illegality in the order calling for interference by this court and accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 565. ......17. We find no illegality in the order calling for interference by this court and accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 565. ......er property of the company without following the provisions of memorandum and article of association, (e) restrain the petitioner from changing any technical, business and administrative management structure of the factory and marketing office of the company, (f) restrain the resp..Category: Business or Commercial Law | Date: | Hits: 193
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