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Islam Enterprise Vs. Commission of Taxes Zone-3, 2007, 36 CLC (HCD)

....he applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 59.......pplicants, who are proprietors of Islam Enterprise and Islam Builders, were presented in similar facts and circumstances. 2. In Reference No.211 of 2002, the applicant submitted income tax return for the assessment year 1996-97 claiming a loss of Taka 1,03,600. Then, he submitted a revised retur......he applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 59.......icer, Companies Circle, Chittagong, 19 DLR 871; Commissioner of Income-Tax Vs. Khemchand Ramdas, (1938) 6 ITR 414 PC; Venkatachalam Vs. Bombay Dyeing and Manufacturing co. Ltd., (1958) 34 ITR 143. Lawyers Involved: AB Siddique, Advocate - For the Applicant. Sathika Hossain, Assistant Attor..

Category: Fiscal/Taxation Law | Date: | Hits: 97

Nasiruddin (Md.) Vs. State, 2009, 38 CLC (HCD)

.... the result, the appeal is allowed with modification. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ......ed by the special Tribunal No.7, Narayanganj in special Tribunal Case No.184 of 2005, convicting the accused under section 19(A) and (f) of the Arms Act sentencing him to suffer rigorous imprisonment for 14 years and 7 years, respectively, and further directing that both the sentences shall run conc...... the result, the appeal is allowed with modification. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ......ba Kumar Vs. State, 1974 572 (SC); Kamruzzaman Vs. State, 1995 BLD 486 = 47 DLR 416; State Vs. Tayeb Ali, 1987 BLD (AD) 265 = 40 DLR (AD) 6; Krishna Mochil Vs. State of Bihar, 2002 SCC (Cri) 1220. Lawyers Involved: SB Bhandary, Advocate - For the Appellant. Kazi M Ejarul Haque, Deputy Attor..

Category: Criminal Law | Date: | Hits: 79

Abul Kashem Vs. AKM Golam Mostafa and others, 2009, 38 CLC (HCD)

....ated. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed This Case is also Reported in: 62 DLR (HCD) (2010) 44. ...... Abdur Rahman Vs. Shamsunnahar Begum, 7 BLT (AD) 125; Md. Ismail Vs. Province of East Pakistan through the Chief Secretary, Government of East Pakistan, 16 DLR (AD) 438; Hajarilal Mondal Vs. Md. Mozaffor Bepari, 8 BLC (AD) 77. Lawyers Involved: Abdul Wadud Bhuiyan with Faroque Ahmed and Abdus......ated. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed This Case is also Reported in: 62 DLR (HCD) (2010) 44. ......Begum, 7 BLT (AD) 125; Md. Ismail Vs. Province of East Pakistan through the Chief Secretary, Government of East Pakistan, 16 DLR (AD) 438; Hajarilal Mondal Vs. Md. Mozaffor Bepari, 8 BLC (AD) 77. Lawyers Involved: Abdul Wadud Bhuiyan with Faroque Ahmed and Abdus Samad, Advocates - For the Pet..

Category: Administrative Law | Date: | Hits: 230

Shefali Bala Vs. Khalipur Pukurpara Registered Non-Government Primary School Managing Committee and others, 2009, 38 CLC (HCD)

.... the plaintiff's dismissal shall be treated to be special leave without pay and other benefits. Send down the LC records accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 41......., Thakurgaon in Other Class Suit No.4 of 2000 decreeing the suit should not be set aside and/or any other order passed this Court may seem fit and proper. 2. The petitioner as plaintiff tiled the aforesaid suit for declaration that her dismissal order dated 19-6-1997 from service was illegal, col...... the plaintiff's dismissal shall be treated to be special leave without pay and other benefits. Send down the LC records accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 41....... alias Ahmed Hussain Chowdhury Vs. Md. Nurul Amin, 1996 BLD (AD) 31 = 47 DLR (AD) 162; Safaruddin Vs. Fazlul Huq, 49 DLR (AD) 151; Darasatullah Vs. Manik Mondal; 1984 BLD (AD) 234; 36 DLR (AD) 88. Lawyers Involved: Bivash Chandra Biswas and HM Borhan Advocates - For the Petitioner. None app..

Category: Employment/Service Law | Date: | Hits: 118

Chief Engineer, the Local Government and Engineering Department and others Vs. Kazi Mizanur Rahman and others, 2012, 41 CLC (AD)

.... The leave petitions are disposed of with the above observations and modifications of the earlier as well as the impugned judgments. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 91. ......2-49 (In Civil Petition No.1247 of 2011) M.A. Sobhan, Advocate, instructed by Md. Nurul Islam Bhuiyan, Advocate-on-Record- For the Respondents (In Civil Petition No.2169 of 2011) Civil Petition for Leave to Appeal Nos.1781, 1784 and 1875 of 2011. (From the judgment and order dated 7.4.2011...... The leave petitions are disposed of with the above observations and modifications of the earlier as well as the impugned judgments. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 91. ......nd others………………………………………………Respondents (In Civil Petition No. 2169 of 2011) Judgment February 20, 2012. Result: The leave petitions are disposed of. Lawyers Involved: Mahbubey Alam, Attorney General (with Ekramul Haque, Deputy Attorney General an..

Category: Employment/Service Law | Date: | Hits: 147

Chutta Miah Vs. State, 2004, 33 CLC (HCD)

.... made above and in accordance with law after giving the petitioner an opportunity to recall the prosecution witnesses for cross-examination. Ed. This Case is also Reported in: 56 DLR (2004) 610. ......f accused petitioner Chutta Mia is directed against the order dated 19‑2‑2004 passed by the Additional Sessions Judge, 1st Court, Brahmanbaria in Sessions Case No.104 of 2001 rejecting the prayer for recalling the witnesses for cross-examination. 2. The case of the prosecution is that the pe...... made above and in accordance with law after giving the petitioner an opportunity to recall the prosecution witnesses for cross-examination. Ed. This Case is also Reported in: 56 DLR (2004) 610. ......ioner Vs. State………………..Opposite Party Judgment July 21, 2004. Result: The Rule is made absolute. Case referred to- Nazrul Islam @ Munto Vs. State, 1999 BLD 188. Lawyers Involved: Md. Rafiqul Hossain with Saifur Rahman ‑ For the Petitioner. Md. Rabiul Ka..

Category: Criminal Law | Date: | Hits: 68

Abdul Mataleb Howlader and others Vs. State, 2003, 32 CLC (HCD)

....d by this Court earlier, stands vacated. Send a copy of this judgment to the Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 607.......ichar Tribunal, Barisal, should not be transferred and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Mr. Yousuf Hossain Humayun, the learned Advocate for the petitioners, submits that the present Rule has been obtained against the order of transferri......d by this Court earlier, stands vacated. Send a copy of this judgment to the Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 607.......te Vs. The Divisional Special Judge, Khulna Division, Khulna and another, 1992 12 BLD (AD) 166; Md. Serajul Islam alias Seraj Motbar and others Vs. Keramat Ali Bhuiyan and another, 47 DLR (AD) 64. Lawyers Involved: Yousuf Hossain Humayun, Advocate – For the Accused Petitioners. Md. Helalu..

Category: Criminal Law | Date: | Hits: 86

Azad Hossain (Md) Vs. State, 2003, 32 CLC (HCD)

....with the Special Tribunal Case No. 41 of 1996 immediately, if not wanted in connection with any other case. Communicate the order at once. Ed. This Case is also Reported in: 56 DLR (2004) 602.......the convict, Md. Abul Kalam Azad, son of Md. Nurul Islam, proprietor of "Azad Bastraloy", who was convicted in absentia under section 25B(2) of the Special Powers Act, 1974 and sentenced to suffer RI for 3 (three) years and also to pay a fine of Taka 10,000 in default to suffer RI for 1 (one) year m......with the Special Tribunal Case No. 41 of 1996 immediately, if not wanted in connection with any other case. Communicate the order at once. Ed. This Case is also Reported in: 56 DLR (2004) 602.......Hussain Haider J Azad Hossain (Md) .............Petitioner Vs. State………………………………Opposite Party Judgment May 5, 2003. Result: The Rule is made absolute. Lawyers Involved: AKM Shafiuddin with Binod Kumar Agarwal , Advocates ‑ For the Petitioner . ..

Category: Criminal Law | Date: | Hits: 73

Dr. Qazi Faruque Ahmed Vs. State, 2004, 33 CLC (HCD)

....the petitioner the trial Court shall have the liberty to deal with the question of bail of the accused‑petitioner in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 600. ......ioner asking the present Rule opposite party to show cause why the petitioner Dr. Qazi Faruque Ahmed should not be enlarged on bail in Pallabi PS Case No. 31(6) 2004 dated 20‑6‑2004 now pending before the Chief Metropolitan Magistrate, Dhaka and or such other or further order or orders passed as......the petitioner the trial Court shall have the liberty to deal with the question of bail of the accused‑petitioner in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 600. ......med.............Accused Petitioner Vs State, represented by the Deputy Commissioner ................... Opposite Party Judgment July 13, 2004. Result: This Rule is made absolute. Lawyers Involved: Dr. Kamal Hossain with M Amir‑ul Islam, Advocates ‑ For the Petitioner. ..

Category: Criminal Law | Date: | Hits: 81

Kazi Liakat Ali and others Vs. Chairman, Civil Aviation Authority and another, 2003, 32 CLC (HCD)

....harged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. We however, make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595.......mmed Hafizul Islam Vs. Government of Bangladesh, represented by the Secretary Ministry of Local Government, Rural Developments and others, 11 BLT 65; Writ Petition No. 4855 of 2001 and Civil petition for leave to appeal No. 651 of 2002 (Unreported). Lawyers Involved: Rokonuddin Mahmud with Kaz......harged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. We however, make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595.......esented by the Secretary Ministry of Local Government, Rural Developments and others, 11 BLT 65; Writ Petition No. 4855 of 2001 and Civil petition for leave to appeal No. 651 of 2002 (Unreported). Lawyers Involved: Rokonuddin Mahmud with Kazi Zinat Haque, Advocates ‑ For the Petitioners. ..

Category: Employment/Service Law | Date: | Hits: 125

Al Baraka Bank Bangladesh Ltd. Vs. Rina Alam and another, 2004, 33 CLC (HCD)

....ffirmed. The bank is directed to return the schedule document within seven days of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 588.......cial Court at Dhaka in Title Suit No. 197 of 2001, which decreed the suit. 2. Respondent No.1 as plaintiff on 14‑7‑97 instituted Title Suit No. 208 of 97 against the appellant bank and another for a decree of declaration that the plaintiff owed no amount to said bank on account of any loan an......ffirmed. The bank is directed to return the schedule document within seven days of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 588....... Kar, AIR 1956 Cal 613; Makhan Lal Vs. Ghulam Hussain, AIR 1933 Lahore 536; Abdulla and others Vs. Abdul Karim and others, 20 DLR (SC) 205; Sultana Jute Mills Ltd Vs. Agrani Bank, 46 DLR (AD) 147. Lawyers Involved: Sayyid Shahid Hossain with Rani Akhter ‑ For the Appellant. Rafique‑ul H..

Category: Civil Law | Date: | Hits: 109

Abdul Mazid Khan and others Vs. Ali Howlader and others, 2003, 32 CLC (HCD)

....e learned Subordinate Judge, Bhola in Title Suit No. 104 of 1982 is set aside. Communicate the order at once to the learned Court below. Ed. This Case is also Reported in: 56 DLR (2004) 587. ......Judgment Gour Gopal Saha J. - This appeal is directed against the orders dated 24‑7‑1985 and 8-8-1985 passed by the Subordinate Judge, Bhola in Title Suit No. 104 of 1982 appointing a receiver for the suit property. 2. Mr. Abdul Quayum, the learned Advocate appearing for the appellants, su......e learned Subordinate Judge, Bhola in Title Suit No. 104 of 1982 is set aside. Communicate the order at once to the learned Court below. Ed. This Case is also Reported in: 56 DLR (2004) 587. ......der and others............... Respondents Judgment January 14, 2003. Result: The appeal is allowed. Cases referred to- Nur Mohammad Vs. Jogendra Kumar Dutta and others, 28 DLR 7. Lawyers Involved: Abdul Quqyum, Advocate ‑ For the Appellants. No one ‑ For the Respondent..

Category: Civil Law | Date: | Hits: 89

Hasan Rony Vs. State, 2004, 33 CLC (HCD)

....d against him and he is acquitted thereof. Appellant Hasan Rony be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 56 DLR (2004) 580. ...... the learned Sessions Judge, Cox's Bazar in Sessions Trial Case No. 7 of 2003. The learned Sessions Judge convicted the appellant under section 302 of the Penal Code and sentenced him to imprisonment for life with fine of Taka 5,000 in default to suffer rigorous imprisonment for 5 months more. 2.......d against him and he is acquitted thereof. Appellant Hasan Rony be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 56 DLR (2004) 580. ......iled to substantiate the same. 10. This confession must be taken as a whole and should be judged whether any part of it is contradictory if there are sufficient grounds for doing so. Taylor in his Law of Evidence, 11th edition, Article 725 puts in to the general law of admission with regard to cr..

Category: Criminal Law | Date: | Hits: 128

Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)

....by directed to proceed with the suit by issue of the summons/notice however, in accordance with law, expeditiously. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 573. ......ns/notice of said bankruptcy suit upon respondent No. 2, the Shinepukur Holding Limited and respondent No. 3, Mahmudur Rahman. 2. On 25‑4‑2000, the petitioner as plaintiff presented a plaint before the Bankruptcy Court at Motijheel in Dhaka, briefly the Court, against respondent Nos. 2 and 3 ......by directed to proceed with the suit by issue of the summons/notice however, in accordance with law, expeditiously. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 573. ......thers, 15 DLR (SC)181; Begum Lutfunnessa Vs. Bangladesh, 1990 BLD (AD) 103 = 42 DLR (AD) 86; Cf. Utility Services Corporation of Pakistan Ltd Vs. Punjab Labour Appellate Tribunal, PLD 1987 SC 447. Lawyers Involved: Rokanuddin Mahmud with Khan Saifur Rahman and Masood R Sobhan, Advocates ‑ Fo..

Category: Others | Date: | Hits: 185

Md. Iqbal Hossain Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)

....passed by the High Court Division. Accordingly, the civil petition for leave to appeal is dismissed with the observa­tion made above. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 42. ......Secretary, Ministry of Local Government, Rural Development and Co-operatives (LGRD) and others..........................Respondents Judgment October 27, 2011. Result: The Civil Petition for Leave to Appeal is dismissed. Case Referred to- Rafiqul Alam Vs. Mustafa Kamal, (1990) 42 ......passed by the High Court Division. Accordingly, the civil petition for leave to appeal is dismissed with the observa­tion made above. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 42. .........Respondents Judgment October 27, 2011. Result: The Civil Petition for Leave to Appeal is dismissed. Case Referred to- Rafiqul Alam Vs. Mustafa Kamal, (1990) 42 DLR (AD) 137. Lawyers Involved: Mahbubuddin, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For..

Category: Election Law | Date: | Hits: 250

Rashedul Alam Chowdhury Vs. ASM Shahajahan and another, 2011, 40 CLC (AD)

.... and orders of the High Court Division do not call for any interference by this Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 39.......urshid Alam Khan, Advocate instructed by AKM Shahidul Haque, Advocate-on-Record-For Respondent No.1 (In both the cases) Not represented-For Respondent No.2 (In both the cases) Criminal Petition for Leave to Appeal Nos. 272 and 273 of 2010. (From the judgment and order dated 4th March, 2010 ...... and orders of the High Court Division do not call for any interference by this Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 39............................Respondents Judgment October 17, 2011. Result: The petitions are dismissed. Cases Referred to- Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan, 17 BIT (AD) 41. Lawyers Involved: Md. Asaduzzaman, Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Reco..

Category: Criminal Law | Date: | Hits: 75

Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)

....erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ......chedule property on 11-3-2005 in presence of three witnesses and handed over possession thereof to the plaintiff. Subsequently, in recognition of the oral gift, defendant No.1 affirmed an affidavit before the Notary Public on 21-3-2005. While enjoying the apartment, the plaintiff rented it out to he......erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ...... December 13, 2011. Result: The appeal is dismissed. Cases Referred to- Abul Khair Vs. Pubali Bank Ltd. 53 DLR (AD) 62; Kazi Shahjan Vs. Md. Khalilur Rahman Madbar 54 DLR (AD) 125. Lawyers Involved: Rafique-ul-Huq, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record..

Category: Property Law | Date: | Hits: 81

Govt. of People's Re­public of Bangladesh Vs. Md. Habibur Rahman @ Manu, 1978, 7 CLC (AD)

....on and no consideration of the merit of the case or the detention order arises and so this appeal is disposed of in the terms aforesaid. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 152.......continued detention. The app­lication of the Respondent was accepted by the Court and he was ordered to be set at li­berty by on order dated 14-3-1974. 2. The Attorney-General moved a peti­tion for special leave which was granted on his express submission that the detenu's restora­tion of the......on and no consideration of the merit of the case or the detention order arises and so this appeal is disposed of in the terms aforesaid. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 152.......s. The Crown, PLD 1954 Sind 80; Diwan Parkash Chand Vs. Emperor, AIR 1937 Lahore 513; State of Bombay Vs. Purushottam, AIR 1952 S.C. 317; A. Sanjeevi Naidu Vs. State of Madras, AIR 1970 S.C. 1102. Lawyers Involved: B. B. Roy Chowdhury, Assistant Attorney-General, instructed by S.S. Hoda, Advoc..

Category: Criminal Law | Date: | Hits: 63

SAH Monowar Ali and others Vs. Chairman, Bangladesh Jute Mills Corporation and others, 2009, 38 CLC (HCD)

....ration will pay the arrear salary to the employees immediately. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 1. ......Dolon, Advocate - For the Petitioners. Rabia Bhuiyan, Advocate - For the Contemner - Respondents. Contempt Petition No.181 of 2007. Judgment Quamrul lslam Siddiqui J.- In this application for Contempt under Article 108 of the Constitution, a Rule was issued calling upon the contemners-re......ration will pay the arrear salary to the employees immediately. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 1. ......Patiher Dr Vs. Leena Chakroborty, 1995 CrLJ 715 (Cal); Dulal Chandra Bhar Sukumar Banerjee, 1958 CrLJ 1163; Secretary Ministry of Establishment Vs. AM Nurunnabi, 2001 BLD (AD) 41; 53 DLR (AD) 41. Lawyers Involved: Md. Salahuddin Dolon, Advocate - For the Petitioners. Rabia Bhuiyan, Advocat..

Category: Criminal Law | Date: | Hits: 83

Mantu Faraji alias Jamal Faraji and others Vs. Mahiuddin Khan, 1996, 25 CLC (HCD)

.... is a raiyati land within a village and so section 96 of the Act is attracted. In the result, the Rule is discharged without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 147. ...... party No.1 is not a co-sharer. 3. The trial Court on a review of the evidence allowed the Miscellaneous case and directed the pre-emptor to pay Taka 4,000.00 as improvement cost and Taka 1,000.00 for removing the structures from the case land. Being aggrieved by the said judgment and order passe...... is a raiyati land within a village and so section 96 of the Act is attracted. In the result, the Rule is discharged without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 147. ......gment November 17, 1996. Result: The Rule is discharged. Cases Referred To- 20 DLR 562, 1197; 21 DLR 633; 1 MLR (HC) 1996 page 70; 20 DLR 562; 33 DLR (AD) 323; 30 DLR 75; 1 MLR 72 Lawyers Involved: Abu Siddique, Advocate - For the Petitioners. Hasan Foiz Siddiqui, Advocate ..

Category: Property Law | Date: | Hits: 70