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Chairman, Bangladesh Water Development Board Vs. Md. Abdur Rahman, 2008, 37 CLC (HCD)

....he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 42. ......orted in:61 DLR (HCD) (2009) 42. ......he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 42. ...... excluded, the Civil Courts have jurisdiction to examine cases whether the provisions of any Act have not been complied with when there is allegation of violation of the rules or procedures, maladies and arbitrariness. Civil Court under section 9 of the Code of Civil Procedure is competent to entert..

Category: Employment/Service Law | Date: 24 Apr, 2008 | Hits: 50

Commissioner of Taxes Vs. Oriental Real Estate Ltd, 2008, 37 CLC (HCD)

.... and against the assessee with cost. The cost is assessed Taka 15,000 for each reference. Communicate at once. Ed. This Case is also Reported in: 60 DLR (HCD) (2008) 506.   ...... and against the assessee with cost. The cost is assessed Taka 15,000 for each reference. Communicate at once. Ed. This Case is also Reported in: 60 DLR (HCD) (2008) 506.   ...... and against the assessee with cost. The cost is assessed Taka 15,000 for each reference. Communicate at once. Ed. This Case is also Reported in: 60 DLR (HCD) (2008) 506.   ......lip;…………Respondent Judgment February 18, 2008 Result: The question formulated for determination answered in the negative for the revenue and against the assessee. Income Tax Ordinance, (XXXVI of 1984); Section 160 When any cons..

Category: Fiscal/Taxation Law | Date: 18 Feb, 2008 | Hits: 1

Sunirmal Chaudhuri Vs. Registrar of Joint Stock Companies & Firms, 2008, 37 CLC (HCD)

.... register the amendment copy of the Memorandum of Association of the Company within 90 (Ninety) days of the drawing up of this Order. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 432. ......any was C-26132 (Annexure-'C'). Subsequently, the said company upon passing a special resolution at its Extra-Ordinary General Meeting approved a change of name and upon obtaining permission from the Board of Investment, Government of Bangladesh ("BOI") came to be named as "AVENTIS CROP SCIENCE BANG...... register the amendment copy of the Memorandum of Association of the Company within 90 (Ninety) days of the drawing up of this Order. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 432. ......ent Syed Refaat Ahmed J.- This is an Application under Section 12 read with Section 13 of the Companies Act, 1994 ("the Act") for a confirmation of the alteration of the Objects Clause of the Memorandum of Association ("MOA") of Bayer Crop Science Limited ("the Company"). 2. This Court notes a..

Category: Company Law | Date: 12 Feb, 2008 | Hits: 123

Nabab Khan Vs. Commissioner of Taxes, 2008, 37 CLC (HCD)

....erence with our answer to the question in the affirmative for the Revenue Department and against the assesses. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 397. ......erence with our answer to the question in the affirmative for the Revenue Department and against the assesses. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 397. ......articularly when the assesses does not have any grievance on the merit of the assessment. In the result, we dispose of the reference with our answer to the question in the affirmative for the Revenue Department and against the assesses. No cost. Ed. This Case is also Reported in: 6......ellate Tribunal in ITA No. 4319 of 2001-2002 in respect of assessment year 1998-99. 2. The assessed who presented the above reference is stated to be the proprietor of a firm namely Ms. Nabab and Company. He is engaged in the business of construction as a contractor, security guard supply, ..

Category: Fiscal/Taxation Law | Date: 22 Jan, 2008 | Hits: 13

Sultana Hashem Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....haka now detained in Dhaka Central Jail, be set at liberty at once, if not wanted in connection with any other case or cases. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 668. ......e to time by the Government exercising the power conferred under section 3(1) of the said Act and lastly the same was extended for a further period of 90 (Ninety) days with the approval of Advisory Board constituted as per Article 33 of the Constitution of the People's Republic of Bangladesh vid......haka now detained in Dhaka Central Jail, be set at liberty at once, if not wanted in connection with any other case or cases. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 668. ...... Mirza Hussain Haider J Mamnoon Rahman J Sultana Hashem……………………………………………………………………Petitioner Vs. Government of Bangladesh and others…………………………………Respondents Judgment January 21, 2008. ..

Category: Criminal Law | Date: 21 Jan, 2008 | Hits: 10

Fairdeal Marine Services, Fujairah, U.A.E Vs. M.V. PELEAS K and others, 2007, 36 CLC (HCD)

.... the assistance of the court is required" states simply "The Marshal of the Court may kindly be directed to pay to the Fairdeal Marine Services, Fujairah, USDS A/C NR.7-418080-840-243, National Bank of Ras Al Khaimah, Kalba Branch, Kalba, United Arab Emirates (UAE), Correspondent Bank......mentioned and specified in Schedule 'A' to the application is hereby necessarily recalled and vacated. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 17.    ......mentioned and specified in Schedule 'A' to the application is hereby necessarily recalled and vacated. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 17.    ......hellip;…………………………………………………..Petitioner Vs. M.V. PELEAS K and others………………………Opposite Parties ..

Category: Admiralty Law or Maritime Law | Date: 6 Dec, 2007 | Hits: 19

Bengal Glass Works Limited Vs. Customs, Excise and VAT Appellate Tribunal, Jotsna Complex, 2007, 36 CLC (HCD)

....the applications by his order dated 17.04.01, Annexure-A1. 9. Against the aforesaid order of the Commissioner dated 17.04.01, the petitioner submitted a representation to the Member (VAT) of the National Board of Revenue for adjustment of the aforesaid input VAT. As the petitioner received no r......cations by his order dated 17.04.01, Annexure-A1. 9. Against the aforesaid order of the Commissioner dated 17.04.01, the petitioner submitted a representation to the Member (VAT) of the National Board of Revenue for adjustment of the aforesaid input VAT. As the petitioner received no reply, it ......y his order dated 17.04.01, Annexure-A1. 9. Against the aforesaid order of the Commissioner dated 17.04.01, the petitioner submitted a representation to the Member (VAT) of the National Board of Revenue for adjustment of the aforesaid input VAT. As the petitioner received no reply, it was const......hellip;…………………………………………………Petitioner Vs. Customs, Excise and VAT Appellate Tribunal, Jotsna Complex…………………Re..

Category: Fiscal/Taxation Law | Date: 26 Nov, 2007 | Hits: 9

Mrs. Zakia Doha Vs. Rajdhani Unnayan Kartipakha, 2007, 36 CLC (HCD)

....hout any order as to costs. 40. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009)  254. ......hout any order as to costs. 40. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009)  254. ......hout any order as to costs. 40. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009)  254. ...... (In Writ Petition No.5721 of 1997) Judgment November 15, 2007. Result: The Rules are discharged. Cases Referred to- Government of Bangladesh Appellant Vs. Md. Jalil and others, 15 BLD (AD) 175=49 DLR (AD) 26; Bangladesh Vs. Rehana Kamal and others, 56 DLR (AD) 1; T..

Category: Abandoned Properties Law | Date: 15 Nov, 2007 | Hits: 6

Abul Khair Condensed Milk and Beverage Ltd. Vs. Commissioner of Customs and others, 2007, 36 CLC (HCD)

.... September 17, 2007. Result: The Rule is disposed of. Cases Referred to- Showkat Ali and 15 others Vs. the Commissioner of Customs and others, (2001) 6 BLC 357; Alhaj Nazir Ahmed Vs. The National Board of Revenue and others, (2001) 21 BLD 59. Lawyers Involved: Dr. Kamal Hossain wi......er 17, 2007. Result: The Rule is disposed of. Cases Referred to- Showkat Ali and 15 others Vs. the Commissioner of Customs and others, (2001) 6 BLC 357; Alhaj Nazir Ahmed Vs. The National Board of Revenue and others, (2001) 21 BLD 59. Lawyers Involved: Dr. Kamal Hossain with Sara H......07. Result: The Rule is disposed of. Cases Referred to- Showkat Ali and 15 others Vs. the Commissioner of Customs and others, (2001) 6 BLC 357; Alhaj Nazir Ahmed Vs. The National Board of Revenue and others, (2001) 21 BLD 59. Lawyers Involved: Dr. Kamal Hossain with Sara Hossain wi......: 27 BLD (HCD) (2007) 555. ..

Category: Fiscal/Taxation Law | Date: 17 Sep, 2007 | Hits: 66

Nazir Hossain (Md.) Vs. Zubaed Md. Adel and others, 2007, 36 CLC (HCD)

....election of the Managing Committee and if he denied, then he will face difficulty. This witness further stated that on 14-8-2001, in the house of Jahangir Md. Adel, Pakistan flag was hoisted on the National Day of Pakistan, to which the informant raised objection and there was exchange of hot wo......7-2003. In the result, this Rule is discharged. Communicate this order at once. Send down the lower Court records. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 849. ......7-2003. In the result, this Rule is discharged. Communicate this order at once. Send down the lower Court records. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 849. ......t High Court Division (Criminal Revisional Jurisdiction) Present: Sharifuddin Chaklader J Nazir Hossain (Md.)....................Petitioner Vs. Zubaed Md. Adel and others.....................Opposite Parties Judgment September 5, 2007. Result:..

Category: Criminal Law | Date: 5 Sep, 2007 | Hits: 8

Islam Enterprise Vs. Commissioner of Taxes and another, 2007, 36 CLC (HCD)

....e 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: 27 BLD (HCD) (2007) 425. ......e 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: 27 BLD (HCD) (2007) 425. ......e 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: 27 BLD (HCD) (2007) 425. ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Respondent Judgment August 9, 2007. Result: The references are returned with answer to the questions relating to enhancement of the receipts and rejecting summarily the applications under section 173 of the Ordinance in the negative and agai..

Category: Fiscal/Taxation Law | Date: 9 Aug, 2007 | Hits: 31

Mosammat Momina Begum Vs. Additional District Judge and Bankruptcy Court, Dhaka and others, 2007, 36 CLC (HCD)

....ny order as to costs. The order of stay granted at the time of issuance of the rule stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 29. ......ny order as to costs. The order of stay granted at the time of issuance of the rule stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 29. ......ny order as to costs. The order of stay granted at the time of issuance of the rule stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 29. ...... Court Division (Special Original Jurisdiction) Present: Zinat Ara J Sheikh Abdul Awal J Mosammat Momina Begum………………………Petitioner Vs. Additional District Judge and Bankruptcy Court, Dhaka and others…………….....Respondents Judgment August 9, 2007...

Category: Banking Law | Date: 9 Aug, 2007 | Hits: 565

Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)

....d, as such, the same above the 6th floor is set aside. In the result, the appeals are allowed in part without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 28. ......d, as such, the same above the 6th floor is set aside. In the result, the appeals are allowed in part without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 28. ......d, as such, the same above the 6th floor is set aside. In the result, the appeals are allowed in part without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 28. ......zlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) ..........Appellant Vs. A Rouf Chowdhury and others.........................Respondents Judgment August 2, 2007. Cases Referred to-..

Category: Property Law | Date: 2 Aug, 2007 | Hits: 114

Md. Abdul Mannan and others Vs. Ministry of Education and others, 2011, 40 CLC (HCD)

....ers are three teachers of the Shibgonj M.H. Degree College and have challenged the appointment of the respondent No.3 as Principal on the ground of wanting of required academic qualifications. As per National University Regulations for appointment as a Principal, the requirement is at least second c......relief in accordance with law. With the aforesaid observation, the application is disposed of without any order as to cost. Ed. This Case is also Reported in: 20 BLT (HCD) (2012)565. ......relief in accordance with law. With the aforesaid observation, the application is disposed of without any order as to cost. Ed. This Case is also Reported in: 20 BLT (HCD) (2012)565. ......D) (2012)565. ..

Category: Employment/Service Law | Date: 23 Jul, 2007 | Hits: 26

Shaikh Md. Mahmud Hossain and others Vs. Md. Abdur Razzaque and others, 2007, 36 CLC (HCD)

....t Satkhira is hereby upheld and maintained. Let a copy of this judgment along with the lower Court's records be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 177. ......ioners' case in brief is that the suit lands originally belonged to one Bastullah Shaikh who by a registered deed of gift dated 08.05.1951 transferred the same in favour of Secretary, District School Board, Khulna (Presently Defendant. No.8 Upazilla Education Officer, Shyamnagar) for the purpose of ......t Satkhira is hereby upheld and maintained. Let a copy of this judgment along with the lower Court's records be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 177. ...... Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 177. ..

Category: Property Law | Date: 6 Jun, 2007 | Hits: 27

Roni Ahmed Liton @ Liton Ahmed Roni Vs. State, 2007, 36 CLC (HCD)

.... in any other case. Send down the LCR along with copy of the judgment expeditiously. Ed. This Case is also Reported in:  61 DLR (HCD) (2009) 147,29 BLD (HCD) (2009) 386.  ......f the victim with ulterior motive and to gain monetarily filed the case after about 6 (six) months of occurrence. He further submits that the medical examination was held on 15-11-2003 by the Medical Board which opined that the age of the victim was between 18 and 20 years and that all the witnesses...... in any other case. Send down the LCR along with copy of the judgment expeditiously. Ed. This Case is also Reported in:  61 DLR (HCD) (2009) 147,29 BLD (HCD) (2009) 386.  ......ip;….Respondent Judgment June 3, 2007. Result: The appeal is allowed.   The Evidence Act, 1872 (Act No. 1 of 1872); section 101 Presumption of innocence and burden of proof The burden of proof lies on the party who substantially asserts the affirma..

Category: Women and Children | Date: 3 Jun, 2007 | Hits: 14

State Vs. Yeasin Khan Palash, 2007, 36 CLC (HCD)

.... the Code of Criminal Procedure is rejected. Let a copy of the judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 469. ......No.1690 dated 29.05.2002 but during investigation he did not seize that GD Entry. In cross-examination he further admitted that he arrested accused Kala Palash on 10.07.2002 at 7.00 a.m. from Comilla Board but he did not produce the accused before the Magistrate, Comilla and also admitted that the a...... the Code of Criminal Procedure is rejected. Let a copy of the judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 469. ......iminal Jurisdiction) Present: Md. Ali Asgar Khan J Sheikh Abdul Awal J The State……………………………State Vs. Yeasin Khan Palash alias Kala Palash alias Kaila Palash and others………….Appellants Judgment June 3, 2007. Result: The Appeals are dismis..

Category: Criminal Law | Date: 3 Jun, 2007 | Hits: 20

Shamsur Rahman Khalifa Vs. Jagodish Chandra and Others, 2007, 36 CLC (HCD)

.... at once. The defendants are restrained permanently from interfering with the peaceful possession of the plaintiff in the suit. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 873. ...... at once. The defendants are restrained permanently from interfering with the peaceful possession of the plaintiff in the suit. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 873. ......olute title in the suit land in favour of the plaintiff. Long after expiry of the stipulated period the defendant Nos. 1-4 filed a Miscella­neous Case being No.50/1982-83 before the concerned CO (Revenue) and got an ex parte order on 14-11-82 allowing redemption of mortgage on the strength of th......ourt High Court Division (Civil Revisional Jurisdiction) Present: Shahidul Islam J Shamsur Rahman Khalifa......................Plaintiff-Petitioner Vs. Jagodish Chandra and Others.....................Defendants-Opposite Parties Judgment May 27, 2007. ..

Category: Property Law | Date: 27 May, 2007 | Hits: 9

Arab Bangladesh Bank Limited, Motijheel Branch, Dhaka Vs. The Artha Rin Adalat and others, 2007, 36 CLC (HCD)

.... appears that procedure of auction sale has been categorically spelt out in the said section particularly in sub-sections (1), (2), (3) and (4) Pursuant to the sale proclama­tion published in one National Daily as con­templated in sub-section (1) sub section (2) comes into operation. Similar......discharged and the Rule in Writ Petition No.5961 of 2004 is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 284.   ......discharged and the Rule in Writ Petition No.5961 of 2004 is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 284.   ......ain Hider J Farah Maybug J Arab Bangladesh Bank Limited, Motijheel Branch, Dhaka ………………Petitioner Vs. Judge, Artha Rin Adalat No.3, Dhaka and others……………………Respondents (Writ Pet..

Category: Banking Law | Date: 12 Mar, 2007 | Hits: 6

Most. Azmiri Begum and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

....y of Land and Respondent No.2 Director General, Land Record and survey Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 400. ......y of Land and Respondent No.2 Director General, Land Record and survey Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 400. ...... for the petitioner submits that in the settlement ease there is no provision for repeated appeal under Rule 31 of Tenancy Rules. He further submits that appeal does not lie against the decision of Revenue Officer passed under Rule 31 of the Tenancy Rules 1955 (appellate order). If any person ag......7 MLR (HCD) (2012) 400. ..

Category: Property Law | Date: 7 Mar, 2007 | Hits: 10