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SM Kamaluddin Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
.... questions in the negative and against the revenue department and in favour of the assessee. The parties shall bear their own cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 191. ......the applicant and determined the tax on the basis of such assessment. 18. In the case of Seth Gurmukh Singh and another Vs. the Commissioner of Income Tax, Punjab [1944] 12 ITR 393 (Lahore) in a Special Bench of five Judges it was held, inter alia, that an Income-tax Officer is not bound to rel......rmined the tax on the basis of such assessment. 18. In the case of Seth Gurmukh Singh and another Vs. the Commissioner of Income Tax, Punjab [1944] 12 ITR 393 (Lahore) in a Special Bench of five Judges it was held, inter alia, that an Income-tax Officer is not bound to rely on such evidence pro..Category: Fiscal/Taxation Law | Date: | Hits: 151
Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
....nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ......nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ......ords be called for and a Rule issue calling upon the opposite party No.1 show cause as to why the impugned judgment and decree dated 14-3-1996 and 19-3-1996 respectively passed by Additional District Judge, Magura in Title Appeal No.134 of 1991 dismissing the appeal and affirming those dated 15-6-19..Category: Property Law | Date: | Hits: 123
Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....o.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka be quashed so far as it relates to the accused petitioner. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 162. ......cedure at the instance of the accused petitioner Sheikh Hasina Wazed alias Sheikh Hasina, former Prime Minister of Bangladesh calling upon the opposite party to show cause as to why the proceeding of Special Case No.1 of 2008 arising out of Tejgaon PS Case No.2 dated 2-9-2007 corresponding to ACC Ge......1 of 2008 arising out of Tejgaon PS Case No.2 dated 2-9-2007 corresponding to ACC General Registered Case No.89 of 2007 and Metropolitan Special Case No.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka should not be quashed and/or pass such other or further order or orders as ..Category: Criminal Law | Date: | Hits: 156
Category: Property Law | Date: | Hits: 159
Nurul Amin Bhuiyan Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....he above observation the Rule is discharged and the order of status quo passed at the time of issuing the Rule is vacated. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......d and the order of status quo passed at the time of issuing the Rule is vacated. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......he above observation the Rule is discharged and the order of status quo passed at the time of issuing the Rule is vacated. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 129
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
....eferendum nor it is ultra vires the Constitution. With these insights I fully concur with the decision already arrived at in this reference. Ed. This Case is also Reported in: 57 DLR (2005) 172. ......tution. With these insights I fully concur with the decision already arrived at in this reference. Ed. This Case is also Reported in: 57 DLR (2005) 172. ......as envisaged in Article 142(1A) of the Constitution but it was not done. Hence the impugned Act is unconstitutional and void. (c) Article 58C(3) having amended Article 99 providing for the retired Judge and the retired Chief Justice of the Supreme Court to become the Adviser and the Chief Adviser..Category: Constitutional Law | Date: | Hits: 215
Overseas Garments Industries (Pvt.) Ltd. Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....bstance in the Rule. Accordingly, the Rule is discharged without any order as to cost. Status‑quo granted by this Court stand vacated. Ed. This Case is also Reported in: 57 DLR (2005) 168. ...... is discharged without any order as to cost. Status‑quo granted by this Court stand vacated. Ed. This Case is also Reported in: 57 DLR (2005) 168. ......bstance in the Rule. Accordingly, the Rule is discharged without any order as to cost. Status‑quo granted by this Court stand vacated. Ed. This Case is also Reported in: 57 DLR (2005) 168. ..Category: Civil Law | Date: | Hits: 129
State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)
.... condemned‑prisoner Innocent N. Egbunine be transferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ...... condemned‑prisoner Innocent N. Egbunine be transferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ......ce No.38 of 1991 with Jail Appeal No.2197 of 1991. Judgment Mohammad Fazlul Karim J.- This Reference under section 374 of the Code of Criminal Procedure has been made by the Additional Sessions Judge, Dhaka for confirmation of the sentence of death by hanging by the neck imposed upon the conde..Category: Criminal Law | Date: | Hits: 164
Shahidullah Patwary Vs. State, 1983, 12 CLC (AD)
.... Report with the Kachua Police Station against respondent No.2 alleging that the latter had stolen away his tractor whereupon a Criminal Case being Case No.125 of 1974 was started in the Court of Sub-Divisional Magistrate, Chandpur and tractor was seized from his possession. The magistrate made over......ismissed. The opinion expressed above will not, however, influence the decision of the trial Court in the case against the appellant. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 281. ......ismissed. The opinion expressed above will not, however, influence the decision of the trial Court in the case against the appellant. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 281. ..Category: Criminal Law | Date: | Hits: 111
Abdul Gafur Sarder and another Vs. State and another, 1982, 11 CLC (AD)
....ppellants' prayer for bail. For the aforesaid reason the appeal is allowed, ad interim bail granted to appellants are confirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 279. ......ppellants' prayer for bail. For the aforesaid reason the appeal is allowed, ad interim bail granted to appellants are confirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 279. ......- This appeal by special leave arises out of the judgment and order dated 19-5-82 of the High Court Division in Criminal Miscellaneous Case No.43 of 1982 affirming those dated 18-1-82 of the Sessions Judge, Bogra, in Sessions Case No.448 of 1981 arising out of Khetlal P.S. Case No. 5(5) of 1980 G.R...Category: Criminal Law | Date: | Hits: 97
Bakshu Mia Vs. Govt.of Bangladesh and others, 1977, 6 CLC (AD)
....nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ......of Bangladesh in Writ Petition No.10 of 1977.) Judgment Kemaluddin Hossain J. - The question of applicability of section 494 of the Code of Criminal Procedure and its application to cases under Special Powers Act, is the consideration of this appeal. 2. The facts leading to the appeal are, ......recalled all processes. 3. Against this order of withdrawal, the appellant moved the High Court in its writ jurisdiction challenging the jurisdiction and the order of Special Tribunal. The learned Judges of the High Court have summarily rejected the petition, holding that under section 29 of the ..Category: Criminal Law | Date: | Hits: 99
Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Corporation Ltd., 1982, 11 CLC (AD)
.... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ......was raised that the mortgage deed was not executed by way of collateral or auxiliary security but it was a primary or principal security and stamp duty is leviable under clause (b) of Article 40. A Special Bench of the High Court Division heard the reference made by the National Board of Revenue u......he matter to the High Court Division for deciding what would be the stamp duty payable on such document. The matter was, accordingly, referred to the High Court Division for opinion and the learned Judges of the High Court Division held that mortgage in question being a second mortgage for colla..Category: Fiscal/Taxation Law | Date: | Hits: 269
Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)
....ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ......ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ......hat Title Suit No.334 of 1974 and the subsequent kabala for retransfer were fraudulent intending to defeat the pre-emption, no matter the application for pre-emption was filed thereafter. The learned Judges of the High Court Division further observed that even if the suit and the kabala for reconvey..Category: Property Law | Date: | Hits: 77
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
.... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......ar as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ...... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 133
Md. Mohiuddin Chowdhury Vs. Rupali Bank Ltd. and others, 2011, 40 CLC (HCD)
.... without any order as to costs. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......py of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......id order was communicated to the executing Court and the petitioner filed an application on 12.5.2005 to pass necessary order in compliance with the said order of the High Court Division. The learned Judge of the executing Court heard the application and disposed it of by order No.69 dated 10.7.2005..Category: Civil Law | Date: | Hits: 129
Category: Others | Date: | Hits: 154
AK Murshed Ahmed Vs. Md. Meher Ali and others, 1983, 12 CLC (AD)
....n it goes against him and this also not by an appropriate proceedings. For the reasons stated above, appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 178. ......n it goes against him and this also not by an appropriate proceedings. For the reasons stated above, appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 178. ......eal No. 29 of 1977 against the judgment and Order of the trial court and being unsuccessful filed Second Appeal No 177 of 1978 before the High Court Division which was dismissed by the learned Single Judge. 6. Defendant-appellant obtained leave from this Court to consider whether the High Court D..Category: Procedural Law | Date: | Hits: 109
Alhaj Md. Chowdhury Alam and others Vs. Md. Nasiruddin Shah and others, 2004, 33 CLC (AD)
.... above, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: ...... above, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: ...... above, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: ..Category: Trust/Waqf Law | Date: | Hits: 148
M/s. Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and others, 2003, 32 CLC (AD)
....s we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. This Case is also Reported in: ......s we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. This Case is also Reported in: ......by the High Court Division in First Miscellaneous Appeal No.234 of 2003 allowing the appeal arising out of order No.2 dated 14.02.2000 passed in Title Suit No.32 of 2000 by the learned Joint District Judge, Court No.1, Dhaka restraining defendant Nos.1-4 (respondent Nos.3-4 herein) from making the p..Category: Business or Commercial Law | Date: | Hits: 208
Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)
....fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ......fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ......Md. Asaduzzaman and Mir Hashmat Ali, Advocates - For Opposite Party. Civil Revision No.20 of 1988. Judgment MA Aziz J.- This Rule is directed against an order dated 30-6-87 passed by the SCC Judge (Assistant Judge), Sadar Dinajpur in SCC Suit No.9 of 1986 for ejectment of tenant. 2. Land..Category: Procedural Law | Date: | Hits: 74