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Nasiruddin Biswas Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (AD)

....of turnover tax @ 4% and so no illegality was committed in demanding the evad­ed VAT and in fact demand vide 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 ......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. ......or evasion of payment tax is violative of the said Act and the Rules and that Nasir Biri Industry Ltd. was registered and enlist­ed thereto in Form VAT-8 on 22.11.1991 and it cleared up all the dues which were included in the charge and the said industry at its own option registered and enlis..

Category: Fiscal/Taxation Law | Date: | Hits: 83

Abdul Halim and another Vs. Sheikh Abdullah and others, 2008, 37 CLC (AD)

....hin, Ali Newaz and Nazar Bibi died leaving behind 4 sons Omar Ali, Joynal Abedin, Golam All, Ashraf All and one daughter Romela Khatun and while they were in possession of the plot in suit the then Government acquired east portion of the plot in suit for which their share in the plot in suit red......d no sub­stance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 581. ......d no sub­stance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 581. ..

Category: Property Law | Date: | Hits: 30

Md. Amir Uddin Miah and another Vs. Dhaka City Corporation, 2008, 37 CLC (AD)

....review does not mean rehearing of the matter we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 578. ......, Gulshan-2, PS. Gulshan, Dhaka. The trade licence for running the business was obtained in the name of the petition­er No.1 as managing Director of the hotel. The petitioners took the house on rental basis from the respondent No. 4 under certain terms and conditions as stated in the agreeme......review does not mean rehearing of the matter we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 578. ..

Category: Business or Commercial Law | Date: | Hits: 169

Nazmul Huda Chowdhury Vs. Janata Bank and another, 2008, 37 CLC (AD)

.... 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 tenan...... that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 569....... that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 569...

Category: Property Law | Date: | Hits: 28

Noor Jahan Begum and another Vs. Golam Mostafa and others, 2009, 38 CLC (AD)

....appearing for the petitioner submitted that the Additional District Judge committed an error of land in not applying the settled principle of law that none but the contracting par­ties and the Government should be par­ties in the instant suit for specific per­formance of contract; th......e find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 558. ......e find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 558. ..

Category: Property Law | Date: | Hits: 25

Shahadat Hossain Mina and others Vs. Governor, Bangladesh Bank and others, 2008, 37 CLC (AD)

............Petitioner (In Civil Petition No.1090 of 2007) Vs. Governor, Bangladesh Bank and others……....Respondents (In all the cases) Judgment October 22, 2008. Cases Referred to- Government of the People's Republic of Bangladesh vs. S.M. Fariduddin 21; Junnur Rahman vs. Banglade......is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 554, 19 BLT (AD) (2011) 158.......is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 554, 19 BLT (AD) (2011) 158...

Category: Criminal Law | Date: | Hits: 78

Mohsena Akter Khatun Vs. Chairman, First Court of Settlement, Bangladesh & others, 2008, 37 CLC (AD)

....ngly both the parties filed an application in the Court on 04.08.1983  for compromise but as ill luck would have it, the vendor Abdul Hamid Khan Qamar died on 26.08.1983 and he was buried at Government Mirpur Graveyard and thereafter Jobeda Khatun and Abdul Jabbar Khan, respec­tively t......ere is no illegali­ty or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 551. ......ere is no illegali­ty or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 551. ..

Category: Property Law | Date: | Hits: 26

M.A. Aziz Vs. Bangladesh, 2008, 37 CLC (AD)

....Title Suit No.64 of the Court of First Subordinate Judge, Dhaka was obtained by practising fraud and forgery upon the Court by the defendant No.1 and as such the same is void and not binding on the Government for a declaration that the judgment dated 10.04.1997 passed in Writ Petition No2456 of ......wered in our judgment. We therefore find no cogent reason to review the same. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 547. ......wered in our judgment. We therefore find no cogent reason to review the same. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 547. ..

Category: Property Law | Date: | Hits: 23

Commissioner of Customs Vs. Cab Express (BD) Limited and others, 2008, 37 CLC (AD)

.... of taxi-cab. The said writ petitions were heard analogously and disposed of together by the impugned judgment. 2. The case of the petitioner relevant for disposal of these petitions are that the Government of Bangladesh considering the public suffering in road transport system in the city area......mission of the learned Advocate for the petitioners. The petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 294; 64 DLR (AD) (2012) 100; 20 BLT (AD) (2012) 60. ......mission of the learned Advocate for the petitioners. The petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 294; 64 DLR (AD) (2012) 100; 20 BLT (AD) (2012) 60. ..

Category: Fiscal/Taxation Law | Date: | Hits: 72

Land Acquisition Officer, Pabna & Ors Vs. Al-haj Md. Abdul Latif Biswas & anr, 2007, 36 CLC (AD)

....- Sayeda Mazada Khatun Vs. Bangladesh Shilpa Rin Sangstha 55 DLR (AD) 82 (85); Aminul Islam and others Vs. M/s. James Finly and Co. Ltd. 26 DLR (SC) 33; Secretary, Ministry of Food, Food Division, Government of Bangladesh, Dhaka and others Vs. M/s. M F Limited 44 DLR (AD) 166. Lawyers Involved......of the discussion made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 255. ......of the discussion made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 255. ..

Category: Alternative Dispute Resolution | Date: | Hits: 249

M/s. IBTA Bangladesh (Pvt.) Ltd. Vs. Bangladesh, 2007, 36 CLC (AD)

....n J Md. Hassan Ameen J M/s. IBTA Bangladesh (Pvt.) Ltd. represented by its Managing Director, house No. 25/B, Road No. 9/A, Dhanmondi, Dhaka and another.............Petitioners Vs. Government of the People's Republic of Bangladesh, represented by the Cabinet Secretary, Bangladesh......, since reasonings assigned in rejecting the writ petition do not suffer from legal infirmity. Accordingly, the petition is dismissed.  Ed. This Case is also Reported in: ......, since reasonings assigned in rejecting the writ petition do not suffer from legal infirmity. Accordingly, the petition is dismissed.  Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 98

GM, (East) BD Railway (C.R.B.), Chittagong & ors Vs. Md. Ferozur Rahman & anr, 2009, 38 CLC (AD)

....n and dismissed the appeal. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 528. ......n and dismissed the appeal. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 528. ...... rate of breakfast at the increased rate of 20% and the same was allowed by the Railway Authority with affect from 1st July, 1988 to 31st December, 1990. It was further resolved that if the entire dues would have been paid within 31st December, 1990, then the plaintiff would be entitled to get p..

Category: Civil Law | Date: | Hits: 150

Md. Abdul Jabbar Sarder Vs. Assistant Custodian, Enemy Property, Pabna and others, 2009, 38 CLC (AD)

....record was prepared at the instance of Jogendra who all along knew the fact of the record and the plaintiff had also the knowledge about the record. The interest of Kedar and Nagendra vested in the Government and accordingly, in vested property Miscellaneous    Case No. 5(Suja)/19......e materials on record discharged the Rule. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 522. ......e materials on record discharged the Rule. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 522. ..

Category: Property Law | Date: | Hits: 24

Government of Bangladesh Vs. Enamul Huque and others, 2008, 37 CLC (AD)

.... Appellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Government of Bangladesh, rep­resented by the Deputy Commissioner, Rajshahi.....Petitioner ......here is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 519. ......here is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 519. ..

Category: Property Law | Date: | Hits: 26

GM, Postal Insurance, Eastern Region, Dhaka and another Vs. A.B.M. Abu Taher, 2009, 38 CLC (AD)

.... without referring him to the Civil Surgeon. The respondent was again intimated by anoth­er letter dated 16.6.1993 of the appellant No.2 to remain on compulsory leave as per Rule 11 (2) of the Government Servants (Discipline and Appeal) Rules, 1985 until further orders although the said Sub-......he appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 97; 29 BLD (AD) (2009) 56; VI ADC (2009) 512;6 LG (AD) (2009) 201. ......he appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 97; 29 BLD (AD) (2009) 56; VI ADC (2009) 512;6 LG (AD) (2009) 201. ..

Category: Administrative Law | Date: | Hits: 159

Khandaker Jalaluddin and others Vs. Most. Jamila Khatun, 2008, 37 CLC (AD)

....t Teacher and since then she was performing her duties with good reputation; she orally prayed for study leave for her admission to B. Ed course which was allowed and then she was admitted to a non-Government B. Ed college, Mymensingh and that since the class of B. Ed course used to be held in th......ere is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 485. ......ere is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 485. ..

Category: Employment/Service Law | Date: | Hits: 66

Md. Mustanisur Rahman and other Vs. Bangladesh, 2008, 37 CLC (AD)

....they were legally entitled to get promotion to the post of Assistant Professor. According to clause 16 of the circular dated 24.10.1995, the petitioners had opportunity to file an appeal before the Government against the impugned orders. The authority rightly issued the impugned orders and as suc...... decision. We therefore find no reason to interfere with the same. Both the petitions are accordingly dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 478. ...... decision. We therefore find no reason to interfere with the same. Both the petitions are accordingly dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 478. ..

Category: Employment/Service Law | Date: | Hits: 57

Bangladesh Vs. Md. Feroz Alam, 2008, 37 CLC (AD)

....(2009) 466. ...... at a correct decision. We therefore find no rea­son to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 466. ...... at a correct decision. We therefore find no rea­son to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 466. ..

Category: Business or Commercial Law | Date: | Hits: 163

ADC (Rev.), Moulavi Bazar & ors Vs. Pirpur Fishermen's Co-operative Society Ltd., 2008, 37 CLC (AD)

.... the same the appellant No.1 initiated a certificate case being No.FCC No.84 of 1989-90 on 03.01.1990 for real­ization of TK. 3,78,783.33 against the respondent claiming the same to be dues of Government. The Rule in the said writ petition was made absolute holding the impugned order issued ......t years. In view of the above, we find no sub­stance in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 451. ......spite of the same the appellant No.1 initiated a certificate case being No.FCC No.84 of 1989-90 on 03.01.1990 for real­ization of TK. 3,78,783.33 against the respondent claiming the same to be dues of Government. The Rule in the said writ petition was made absolute holding the impugned order..

Category: Civil Law | Date: | Hits: 101

M. M. Shahidur Rahman Vs. Bangladesh and others, 1994, 23 CLC (AD)

....of the said Rules. 3. The Appellant was selected by the Bangladesh Public Service (Second) Commission for appointment as Inspector of Customs and Excise under the National Board of Revenue, Government of Bangladesh and he joined the said post on 12.1.1973. He alleged that respondent Nos. ......appeals cannot succeed in any case. In the result, therefore, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 768. ......appeals cannot succeed in any case. In the result, therefore, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 768. ..

Category: Employment/Service Law | Date: | Hits: 106