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Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)
.... exporter, and that the Courts were powerless to grant relief, if the promised import licence was not given to an exporter who had acted to his prejudice relying upon the representation. Hence, the persons aggrieved because of the failure to carry out the terms of the Scheme were entitled to seek ...... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ......d without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ...... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ..Category: Fiscal/Taxation Law | Date: | Hits: 153
Commissioner of Taxes, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)
....n (1) of section 60 of the Income Tax Act, 1922 (XI of 1922), the Government is pleased to exempt so much of the total income as consists of salary or honorarium of the following classes of persons from the tax payable under the said Act. (i) Prime Minister, State Ministers and Deputy......ed and the decisions of the courts below are affirmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ......te Division (Civil) Present: Badrul Haider Chowdhury J MH Rahman J ATM Afzal J Commissioner of Taxes, Dhaka (West) Zone, Dhaka.……………......Appellants Vs. Shahabuddin Ahmed..……………………………………………………..............Respondent J......ed and the decisions of the courts below are affirmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ..Category: Fiscal/Taxation Law | Date: | Hits: 111
Moslehuddin (Md) Vs. State, 1990, 19 CLC (AD)
....de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ......in order to avoid their own misdeeds in misappropriating the amount and that the appellant was falsely identified in the dock by P.W 6, Tofazzal Hossain of Tofazzal Trading at the instance of the interested Bank Officials. 5. At the trial 8 witnesses were examined by the prosecution and a num......f by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ......de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ..Category: Criminal Law | Date: | Hits: 52
Md. Sarwar Vs. Bangladesh, 2005, 34 CLC (AD)
.... Promoters including the writ respondent Nos. 5 to 53 were promoted to the post of Assistant Superintendents of Police by notification dated 14.12.1998 with effect from 20.03.1991 and that the persons who were appointed as Assistant Superintendents of Police on 20.01.1991 under 12th BCS com...... the opinion that the High Court Division took a correct view and as such the impugned judgment does not call for any interference. The leave petition is, therefore, dismissed. Ed. ......call for any interference. The leave petition is, therefore, dismissed. Ed. ...... the opinion that the High Court Division took a correct view and as such the impugned judgment does not call for any interference. The leave petition is, therefore, dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 80
Md. Sirajul Islam and others Vs. State, 2005, 34 CLC (AD)
....king away his daughter Hasina Begum (18 1/2) and thus dragged her catching hold of her hand and hair and that while he obstructed he was assaulted by them and then there were about 7/8 persons being armed with deadly weapons standing outside and that the miscreants took her away by f......sent in court on the date of framing charge against them and as such the contention of the learned Advocate is bereft of any substance. The petition is, therefore, dismissed. Ed. ......m and as such the contention of the learned Advocate is bereft of any substance. The petition is, therefore, dismissed. Ed. ......sent in court on the date of framing charge against them and as such the contention of the learned Advocate is bereft of any substance. The petition is, therefore, dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 42
Fazlul Kader Chowdhury Vs. Cyma Zarrar and another, 2006, 35 CLC (AD)
....Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......urt Division by the impugned judgment and order made the rule absolute-in-part setting aside the direction given by the learned Additional Metropolitan Sessions Judge for appointment of a non interested third party as the Receiver and further directing the officer-in-charge of Dhanmondi Pol......n of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..Category: Procedural Law | Date: | Hits: 154
Shabbir Ahmed Chowdhury Vs. State, 2006, 35 CLC (AD)
.... District Bureau of Anti-corruption, Dhaka lodged a First Information Report with Ramna Police Station on 05.12.1993 against the accused petitioner and others stating, inter alia, that the accused persons in collusion with each other through forgery created records in the name of a false and non......find any legal grounds of quash the proceeding and as such the impugned order does not suffer from any error. The petition is found to be without any substance and is thus dismissed. Ed. ......such the impugned order does not suffer from any error. The petition is found to be without any substance and is thus dismissed. Ed. ......find any legal grounds of quash the proceeding and as such the impugned order does not suffer from any error. The petition is found to be without any substance and is thus dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 57
Md. Aslam Khan Vs. Haji Abdur Rahim and others, 2006, 35 CLC (AD)
.... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ......t was the obligation of the plaintiff to establish the said fact. The plaintiff in support of his case that the document in question forged and fabricated has examined himself alone. He being interested for getting the kabala declared fraudulent and fabricated or for that matter forged ther...... do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ...... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 35
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....ithholding of huge amount of investment. That for the sake of law, equity and justice, it is necessary to refrain the respondents from allotting further shares of the Jamuna Bank Limited to any other persons without making proportionate offer to purchase shares to the petitioners. 8. The said ap......h any such transaction. 14. That the respondent No.3 also filed supplementary affidavit stating, inter alia, that the petitioner No.1 actually working as a middle man to find out suitable and interested persons who would like to be a shareholder of the respondent Bank as because he was an ex...... ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ......ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ..Category: Banking Law | Date: | Hits: 185
Wega Fashion Sweater (PVT.) Ltd. Vs. Syed Sajeda Hossain & others, 2006, 35 CLC (AD)
....for Railway. The land was subsequently de-requisitioned and restored to the owner, Mrs. Madlena D. Rozario. Although the land was released and restored to her but at the behest of some interested persons, the said land was included in the list of Enemy properties (now vested property) in V.P, Ca......No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ......are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ......No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ..Category: Property Law | Date: | Hits: 91
Sekander Ali Howlader and others Vs. State, 1997, 26 CLC (AD)
.... in collaboration with accused Yunus Ali and on his identification the said amount was shown distributed amongst farmer members falsely and fraudulently creating some papers and thereby the accused persons conjointly dishonestly and misusing their respective official power misappropriated the sa...... their sentence is reduced to the period already undergone by each of them. The sentence of fine will remain. The accused-appellants may be released from their respective bail bonds. Ed. ......ne by each of them. The sentence of fine will remain. The accused-appellants may be released from their respective bail bonds. Ed. ...... their sentence is reduced to the period already undergone by each of them. The sentence of fine will remain. The accused-appellants may be released from their respective bail bonds. Ed. ..Category: Criminal Law | Date: | Hits: 44
S.M. Redwan Vs. Md. Rezaul Islam, 2004, 33 CLC (AD)
....sequently, after investigation, it was found that the aforesaid land does not belong to the respondent Nos. 1 and 2 and they have no right title and possession thereon and the same belongs to other persons. In such circumstances the petitioner and the proforma respondent Nos. 4 requested the res......counsel of the petitioner merit consideration. Leave is granted. Preparation of paper book is dispensed with as prayed for. The Petitioner is permitted to add additional grounds. Ed. ......n. Leave is granted. Preparation of paper book is dispensed with as prayed for. The Petitioner is permitted to add additional grounds. Ed. ......counsel of the petitioner merit consideration. Leave is granted. Preparation of paper book is dispensed with as prayed for. The Petitioner is permitted to add additional grounds. Ed. ..Category: Criminal Law | Date: | Hits: 50
Md. Zakir Hossain Vs. State, 2005, 34 CLC (AD)
.... A third category of cases in which the inherent jurisdiction of the High Court can be invoked may also arise. In cases falling under this category the allegations made against the accused persons do constitute an offence alleged but there is either no legal evidence adduced in support ......Code, the High Court Division correctly decided the case and discharged the rule. In such view of the matter, this petition is bereft of substance and as such it is dismissed. Ed. ......e and discharged the rule. In such view of the matter, this petition is bereft of substance and as such it is dismissed. Ed. ......Code, the High Court Division correctly decided the case and discharged the rule. In such view of the matter, this petition is bereft of substance and as such it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 55
Ali Akbar® Abkar Dewan Vs. State, 2005, 34 CLC (AD)
....ri with the help of Mr. Abdul Hashem Sarder, the Chairman of Alipur Union Parishad No. 4 Rajbari, and Md. Abdul Haque, Sk. Md. Nawab Ali, Md. Habibur Rahman and Md. Afsar Uddin, arrested 3 accused persons (including the petitioner), produced them under arrest before Rajbari Police Station with t......intaining the conviction of the accused petitioner under section 412 of the Penal Code. The Petition is, accordingly dismissed with the aforesaid modification of the sentence. Ed. ...... section 412 of the Penal Code. The Petition is, accordingly dismissed with the aforesaid modification of the sentence. Ed. ......intaining the conviction of the accused petitioner under section 412 of the Penal Code. The Petition is, accordingly dismissed with the aforesaid modification of the sentence. Ed. ..Category: Criminal Law | Date: | Hits: 23
Bangladesh Shipping Corporation & others Vs. Mohammad Hossain & others, 2006, 35 CLC (AD)
....otion of the writ petitioner and others started in the year 1997 vide Annexure X-II dated 21.10.1997 and accordingly the ACRs of preceding 5 years i.e. up to 1996 were considered for all persons considered for promotion. Accordingly the ACR of 1997 which was not ready at that time...... committed error of law in making the Rule absolute and as such judgment of High Court Division requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ......on requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ...... committed error of law in making the Rule absolute and as such judgment of High Court Division requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 91
Principal, Pabna Cadet College, Pabna, Bangladesh & anr Vs. A.B.M. Abdul Matin, 2006, 35 CLC (AD)
....erly framed suit. The submission so made is not legally well conceived one and as such we are not inclined to consider the said submission. 16. Since the suit was filed upon impleading persons who have no legal entity to attend the grievance of the Respondent in the light of the decr...... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ......ot maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ...... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 113
Serjuddowla Sowdagor Vs. Administrator of Waqf & others, 2004, 33 CLC (AD)
....urisdiction under section 115(1) of the Code of Civil Procedure having no power to clarify any order passed by the executive, the said Division Bench erred in making observation that the person or persons to whom the letter was sent should have filed an application in the said civil revision to ......cordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ......is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ......cordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ..Category: Trust/Waqf Law | Date: | Hits: 190
Runu Akhter Vs. Md. Barkat (Boston) alias Md. Kamal Hossain @ Boston, 2004, 33 CLC (AD)
...., inter alia, that informant's late husband was the Ward Commissioner for Ward No. 12 under Dhaka City Corporation. On 25. 8. 2001 at about 9 a. m. the informant's husbands along with 3 other persons from his village were going to the BNP office at Banani in a yellow taxi. As they were goin...... The respondent will remain on bail for a period of 3 (three) months from date. The petitioner is directed to prepare paper book out of court in accordance with Rules. Ed. ......3 (three) months from date. The petitioner is directed to prepare paper book out of court in accordance with Rules. Ed. ...... The respondent will remain on bail for a period of 3 (three) months from date. The petitioner is directed to prepare paper book out of court in accordance with Rules. Ed. ..Category: Criminal Law | Date: | Hits: 31
State Vs. Delwar Hossain Talukder, 2003, 32 CLC (AD)
....role are the real cause in commission of murder and under such situation the High Court Division has erred in law and facts in enlarging the respondent on bail. 5. It appears that 49 accused persons appeared before the High Court Division to obtain the anticipatory bail in this criminal C......ndent, and we are of the view that there is merit in this appeal. Accordingly, the appeal is allowed and the judgment and order passed by the High Court Division is set aside. Ed. ......his appeal. Accordingly, the appeal is allowed and the judgment and order passed by the High Court Division is set aside. Ed. ......ndent, and we are of the view that there is merit in this appeal. Accordingly, the appeal is allowed and the judgment and order passed by the High Court Division is set aside. Ed. ..Category: Criminal Law | Date: | Hits: 68
Shafiqul Islam Chowdhury (Md.) and ors. Vs. Mustafizur Rahman and ors., 2008, 37 CLC (AD)
.... Order VI, rule 17 of the Code of Civil Procedure for amendment of the plaint by incorporating a prayer for partition as an alternative to the prayer for eviction and also for addition of two persons as defendants. The trial Court on consideration of the application for amendment r......tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ......ed in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ......tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ..Category: Property Law | Date: | Hits: 39
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