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Abdul Awal (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)

.... Reference Application No.200 of 1991. Judgment Syed Amirul Islam J.- This reference application is directed against the judgment and order dated 17-9-90 passed by the Taxes Appellate Tribunal Bangladesh, Dhaka, in Income Tax Appeal No.1656 of 1985-86 (Assessment year 1981-82). 2. The asse......¦â€¦â€¦â€¦â€¦â€¦Applicant Vs. Commissioner of Taxes………………………………Respondent Judgment March 12, 2000. Cases Referred To- 29 ITR 30, 51 ITR (SC) 557, 145 ITR 225 and 55 ITR 630. Lawyers Involved: MA Noor Advocate—For the Applicant. Dabiruddin Ahmed, D......reme Court High Court Division (Special Statutory Jurisdiction) Present: Syed Amirul Islam J SAN Mominur Rahman J Abdul Awal (Md.) ………………………………Applicant Vs. Commissioner of Taxes………………………………Respondent Judgment March 12, ......the Appellate Division and hence we allow the prayer and accordingly grant certificate for preferring appeal before the Appellate Division. Ed. This Case is also Reported in: 52 DLR (2000) 442. ..

Category: Fiscal/Taxation Law | Date: | Hits: 96

Bibi Zarina and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)

.... High Court Division (Special Original Jurisdiction) Present: Syed Amirul Islam J SAN Mominur Rahman J Bibi Zarina and others…………………Petitioners Vs. Government of Bangladesh and others………………………Respondents Judgment December 10, 1998. Law...... This Case is also Reported in: 52 DLR (2000) 439.......439.......-91 passed by the 1st Court of Settlement in Case No.719 of 1987 within 3(three) months from the date of receipt of the copy of the judgment. Ed. This Case is also Reported in: 52 DLR (2000) 439...

Category: Property Law | Date: | Hits: 90

Manager, Bangladseh Krishi Bank and others Vs. Al-Haj Md. Nurul Islam & another, 1999, 28 CLC (HCD)

..... Nurul Islam & another………………..Respondents Judgment November 23, 1999. Cases Referred to- Hafizuddin Sarker and Lakjan Bewa being dead their heirs: Nur Hossain and others Vs. Bangladesh and others, 42 DLR (AD) 57; Sachindra Lal Das and others Vs. Hriday Ranjan Das being dead...... also Reported in: 52 DLR (2000) 434. ......igh Court Division (Civil Appellate Jurisdiction) Present: MM Ruhul Amin J Md. Abdul Matin J Manager, Bangladseh Krishi Bank and others……………………Defendant-Appellants Vs. Al-Haj Md. Nurul Islam & another………………..Respondents Judgment November 23, 1......y set aside and Money Suit No.1 of 1991 of the Court of Subordinate Judge, Munshiganj in dismissed. There shall be no order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 434. ..

Category: Civil Law | Date: | Hits: 101

Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Aziz Pipes Limited, 2003, 32 CLC (AD)

.... Ed. This Case is also Reported in: II ADC (2005) 221. ...... Vs. Bangladesh Shilpa Rin Sangstha (BSRS)...........Respondent (In Civil Appeal No. 151 of 2001) Judgment August 11, 2003. Result: The Civil Appeal No. 95 of 2001 is dismissed and Civil Appeal No. 151 of 2001 is allowed in part. Lawyers Involved: A. K. M. Nazrul Islam,......reme Court Appellate Division (Civil) Present: KM Hasan CJ Mohammad Fazlul Karim J Md. Hamidul Haque J Bangladesh Shilpa Rin Sangstha (BSRS)..................Appellant Vs. Aziz Pipes Limited…......Respondent (In Civil Appeal No. 95 of 2001) Aziz Pipes Limit......ll realization of the decreetal amount if it is not paid within a period of 90 days from date. The parties are to bear their own costs. Ed. This Case is also Reported in: II ADC (2005) 221. ..

Category: Civil Law | Date: | Hits: 126

State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)

...., 2008. Result: The appeal is allowed. The Emergency Power Rules, 2007, Rule 19(gha) The expression Adalat or Tribunal in rule 19(gha) refer to all Courts including the Supreme Court of Bangladesh. Therefore under rule 19(gha) the Supreme Court is also debarred from granting bail to pe......J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J The State……………………………………………Appellant Vs. Moyezuddin Sikder and Others…………Respondent Judgment April 23, 2008. Result: The appeal is allow......Karim J MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J The State……………………………………………Appellant Vs. Moyezuddin Sikder and Others…………Respondent Judgment April 23, 2008. Resu......rected to take steps for disposal of the application in the light of our findings as above. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 82; 28 BLD (AD) (2008) 138; V ADC (2008) 796. ..

Category: Criminal Law | Date: | Hits: 100

GM (West), Bangladesh Railway & other Vs. hairman, Labour Court, Rajshahi & another, 1986, 15 CLC (HCD)

.... Reported in: 40 DLR (1988) 163. ......aying for a declaration that the order dated 15-4-84 passed by the Chief Personnel Officer (West), Bangladesh Rail­way promoting some, ad-hoc clerks superseding the petitioner was illegal, arbitrary and contrary to the rules. 3. The case of the respondent No 2, who was petitioner in the said I.R......Division (Special Original Jurisdiction) Present: Amin-Ur-Rahman Khan J Moham­mad Abdur Rouf J The General Manager (West) Bangladesh Railway & other.................Petitioners Vs. The Chairman, Labour Court, Rajshahi & another...............Respondent Judgment Se...... costs. The impugned order of the re­spondent No. 1 is declared to have been passed with­out any lawful authority and of no legal effect. Ed. This Case is also Reported in: 40 DLR (1988) 163. ..

Category: Labour and Industrial Law | Date: | Hits: 170

Golam Rabbani Khandaker (Md.) and Others Vs. Hamida Bawa Shamsul Sheikh and others, 2001, 30 CLC (HCD)

....her proceedings of the execution case pending before the executing court which has resulted in serious miscarriage of justice. He also cites the decision in the case of Alhaj Mirza Shamsuddin Beg Vs. Bangladesh and another reported in 41 DLR 356 where it has been held that the principle of construct......t once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 610.......(HCD) (2001) 610....... is directed to proceed with the execution of Execution Case No.10- of 1986 as usual according to law, communicate this order at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 610...

Category: Civil Law | Date: | Hits: 81

Sumikin Bussan Corporation Vs. Chittagong Port Authority and Others, 2001, 30 CLC (HCD)

....rporation………….Petitioner Vs. Chittagong Port Authority and Others.........Respondents. Judgment June 4, 2001. Case Referred To- Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh and others 39 DLR (AD) 85. Lawyers Involved: Dr. Rafiqur Rahman with Sirajur Rahman......t Division (Special Original Jurisdiction) Present: Kazi AT Monowaruddin J Md. Muzammel Hossain J Sumikin Bussan Corporation………….Petitioner Vs. Chittagong Port Authority and Others.........Respondents. Judgment June 4, 2001. Case Referred To- Sharping Matsh...... 599. ...... declared accepting the decision No.8823 dated 13-9-2000 of the Chittagong Port Authority as contained in Annexure-B to the petition. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 599. ..

Category: Others | Date: | Hits: 153

Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)

....al Vs. Union of India and others, AIR 1991 (Bombay) 91; Monni Lal Vs. Parmai Lal and others, AIR 1971 (SC) 330; Vida Charan Shukla Vs. Purshottam Lal Kaushik, AIR 1981 (SC) 547; Mahbubuddin Ahmed Vs. Bangladesh Election Commission, 50 DLR 417; Serajul Huq Chowdhury Vs. Nur Ahmed Company and Wahidur ...... High Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J ABM Khairul Haque J Hussain Muhammad Ershad……….Petitioner Vs. Abdul Muqtadir Chowdhury and another……….Respondents. Judgment May 21, 2001. Cases Referred To- Bhanubhai M......(HCD) (2006) 261....... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261...

Category: Constitutional Law | Date: | Hits: 202

Sultan Mia (Md.) Vs. Hazi Md. Yusuf, 2001, 30 CLC (HCD)

....e of the matter expeditiously preferably within 3 months from the date of receipt of the order. Send down the lower Court records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 555. ......uf ………………Opposite Party. Judgment August 16, 2001. Lawyers Involved: KS Salahuddin Ahmed, Advocate—For the Petitioner. M Enayetur Rahman with Shahidul Islam, Md. Alamgir and Jail Gazi, Advocates—For the Opposite Party. Civil Revision No. 3254 of 2000. Judgment ......is also Reported in: 53 DLR (HCD) (2001) 555. ......e of the matter expeditiously preferably within 3 months from the date of receipt of the order. Send down the lower Court records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 555. ..

Category: Property Law | Date: | Hits: 82

Molla Mahjenul Islam Vs. State and others, 2001, 30 CLC (HCD)

....rder as to costs. The status quo order passed by this Court earlier is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 552.......ed in: 53 DLR (HCD) (2001) 552.......s also Reported in: 53 DLR (HCD) (2001) 552.......rder as to costs. The status quo order passed by this Court earlier is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 552...

Category: Property Law | Date: | Hits: 105

Anwar Hossain Vs. Election Commission of Bangladesh and others, 2001, 30 CLC (HCD)

....ourt High Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Nazrul Islam Chowdhury J Anwar Hossain ………..Petitioner Vs. Election Commission of Bangladesh and others……...Respondents. Judgment July 05, 2001. Case Referred To- Se......h Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Nazrul Islam Chowdhury J Anwar Hossain ………..Petitioner Vs. Election Commission of Bangladesh and others……...Respondents. Judgment July 05, 2001. Case Referred To- Secretary, Pa......R (HCD) (2001) 546. ......ny lawful authority. In the premises, the Rule is made absolute in view of the reasons stated above without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 546. ..

Category: Constitutional Law | Date: | Hits: 196

Modhumala Vs. Director, Housing and Judgment Building Research Institute & others, 2000, 29 CLC (HCD)

....is a violation of human rights and that in pursuance of the strategy of alleviation among the urban poor and having regard to the fundamental rights as provided in the Constitution, the Government of Bangladesh approved a National H policy on 13-12-93 in its cabinet meeting and that though the Gover......540....... in: 53 DLR (HCD) (2001) 540....... further directed that the petitioner should not be evicted without observing the provisions of law. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 540...

Category: Property Law | Date: | Hits: 97

Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)

....urn to the 2nd contention advanced on behalf of the defendant No.3 (opposite party No. 2) by Mr. KS Zaman, the learned Advocate. He has pointed out before us the President’s Order No.7 of 1973, the Bangladesh House Building Finance Corporation Order, 1973 of Article 21(3) which runs thus: “No......………Appellant Vs. Md. Qayum Mollah & others……...Opposite Parties. Judgment August 14, 2001. Cases Referred To- 43 DLR (AD) 78; 43 DLR (AD) 125; AIR 1975 All 341; Ram Chand Appellant Vs. Rain Swamp Respondent AIR 1952 Allahabad 654; Jalaluddin Mia Vs. Md. Yunus 1982 BC......LR (HCD) (2001) 535. ......s of the case, we direct the parties to bear their respective costs all through. Send down the lower Court’s Record immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 535. ..

Category: Civil Law | Date: | Hits: 71

Shuinya @ Suruj Ali Vs. State, 2000, 29 CLC (HCD)

....f a profession), and flick-knives irrespective of the size of the blade;…………………………………………………………..” 10. Unfortunately, the Arms Act which is in force in Bangladesh, though was introduced by British Government in 1878, in spite of rapid changes in the so...... Vs. The Emperor IC 1927 page 935; Shahdin Vs. State PLD 1961 (Lahore) 704; State Vs. Amir Khan PLD 1963 (Peshawar) 54; Emperor Vs. Nga Lu Gale AIR 1928 (Rangoon) 49. Lawyers Involved: Subash Chandra Shaha, Advocate— For the Petitioner. Nikhilesh Dutta, Deputy Attorney-General — For the...... ...... our above discussion, we find no reason to interfere with the impugned judgment and order. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 527. ..

Category: Criminal Law | Date: | Hits: 40

Government of Bangladesh Vs. ASM Ferojuddin Bhuiyan, 2000, 29 CLC (HCD)

.... possible. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 522. ......d in: 53 DLR (HCD) (2001) 522. ...... Revisional Jurisdiction) Present: AK Badrul Huq J Government of Bangladesh, represented by Secretary, Housing and Settlement Bangladesh Secretariat & others ...............Petitioner Vs. ASM Ferojuddin Bhuiyan…………………….Opposite Party. Judgment July 26, 2000. ......t Judge, Second Court, Dhaka in Title Appeal No.136 of 1997 are maintained. Lower Courts Record be sent as immediate as possible. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 522. ..

Category: Property Law | Date: | Hits: 83

Nazrul Islam (Md.) and others Vs. Bangladesh, represented by the Secretary Ministry of Commerce and others, 2001, 30 CLC (HCD)

.... Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J ABM Khairul Haque J Nazrul Islam (Md.) and others…………………………………..Petitioners Vs. Bangladesh, represented by the Secretary Ministry of Commerce and others …………….Respondents......is also Reported in: 53 DLR (HCD) (2001) 519.......h Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J ABM Khairul Haque J Nazrul Islam (Md.) and others…………………………………..Petitioners Vs. Bangladesh, represented by the Secretary Ministry of Commerce and others …………….Resp......ry, Ministry of Commerce, Government of Bangladesh, for taking necessary action in accordance with law against the delinquent officers. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 519...

Category: Others | Date: | Hits: 96

Bengal Ceramic Industries Ltd. Vs. Chairman, Petro Bangla & others, 1984, 13 CLC (HCD)

....nience is in favour of the plaintiff. It may not be lost sight of that the plaintiff is an industrial concern, and gas is an indispensable energy for running the industry in a developing country like Bangladesh. We have noticed that the plaintiff’s unit was earlier operated by electricity. It had ......ngal Ceramic Industries Ltd ……………… Appellant Vs. Chairman, Petro Bangla & others……...Respondents. Judgment November 9, 1984. Cases Referred To- Abdul Barek Mia and others Vs. ABM Serajul Islam, 20 DLR 508; Abdul Saul Munshi Vs. Abu Bakar Siddique, 35 DLR (AD) ......16. ......ule [Civil Rule No.205 (FM) of 1984] which has been heard along with the appeal, is also made absolute without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 516. ..

Category: Others | Date: | Hits: 132

Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)

....509. ......s. 222, 223, 224, 225 of 1991, 27, 28, 29, 30, 31, 32, 34, 35, 36 of 1992. Judgment Syed Amirul Islam J.- As common question of law is involved in all these references, they were heard together and are being disposed of by this judgment. 2. Reference Application No.222 of 1991 arises out of......(2001) 509. ......27 of 1992, 28 of 1992, 29 of 1992, 30 of 1992, 32 of 1992, 31 of 1992, 34 of 1992, 35 of 1992. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 509. ..

Category: Fiscal/Taxation Law | Date: | Hits: 86

ABM Ruhul Amin, Managing Director Vs. Bangladesh Freedom Fighters Welfare Trust and others, 1999, 28 CLC (HCD)

.... High Court Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Md. Mozammel Hussain J ABM Ruhul Amin, Managing Director……………….….Petitioner Vs. Bangladesh Freedom Fighters Welfare Trust and others…….Respondent Judgment February 8, 199......al Jurisdiction) Present: Kazi Ebadul Hoque J Md. Mozammel Hussain J ABM Ruhul Amin, Managing Director……………….….Petitioner Vs. Bangladesh Freedom Fighters Welfare Trust and others…….Respondent Judgment February 8, 1999. Cases Referred to- Mozaher Sawda......e Court High Court Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Md. Mozammel Hussain J ABM Ruhul Amin, Managing Director……………….….Petitioner Vs. Bangladesh Freedom Fighters Welfare Trust and others…….Respondent Judgment February...... are of the view that the petitioner should be saddled with cost. In the result, the Rule is discharged with cost of Taka 5,000.00 only. Ed. This Case is also Reported in: 51 DLR (1999) 208. ..

Category: Property Law | Date: | Hits: 102