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Mozam and others Vs. State, 2006, 35 CLC (HCD)
....tion and sentence as aforesaid. Hence the appeal. 9. Dr Rafiqur Rahman, Senior Advocate, appearing with Mr. Sarwar Ahmed, Advocate for the appellants, support the appeal and submit that at the relevant time the offences described in Ordinance, 1983 was the Schedule offence of the Special Powe......offence. Send down the lower Court's records at once with a copy of this judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 276.......so Reported in: 59 DLR (2007) 276.......offence. Send down the lower Court's records at once with a copy of this judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 276...Category: Criminal Law | Date: | Hits: 82
....and then, before the Appellate Tribunal failed and the order of the Deputy Commissioner was affirmed.
7. Mr. AKM Shafiuddin, learned Advocate for the petitioner, took us through the record and relevant provisions of the VAT Act and submitted that in view of the facts that pursuant to the noti......quashed.
Order of stay granted at the time of issue of the Rule is hereby recalled and vacated.
Communicate at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 274.
......390 of 2005.
Judgment
Md. Abdur Rashid J.- The above Rule Nisi was obtained against an Order dated 23-4-2001 passed (Annexure D) by respondent No. 5 Deputy Commissioner, Customs, Excise and VAT imposing fine of Taka 43,84,398.56 upon the petitioner company for evasion of tax.
2.......quashed.
Order of stay granted at the time of issue of the Rule is hereby recalled and vacated.
Communicate at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 274.
..
Category: Fiscal/Taxation Law | Date: | Hits: 63
....e of Pakistan Rules take action. It is to be observed that an individual or a property becomes an 'enemy' or 'enemy property' by operation of law on the fulfillment of the conditions laid down by the relevant Defence of Pakistan Rules and no further formal declaration by an officer or authority is n......le is hereby recalled and vacated.
There is no order as to costs.
Send down the lower Court record at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 270, 26 BLD (HCD) (2006) 634.
......eported in: 59 DLR (2007) 270, 26 BLD (HCD) (2006) 634.
...... waiver and acquiescence and whether or not the plaintiffs' were entitled to get any relief as prayed for.
7. The plaintiffs examined 3 PWs and the defendant examined 6 DWs. The plaintiffs adduced documents which were marked as Exhibit Nos. 1-3(a) and the documents adduced by the defendant Nos. 1..
Category: Property Law | Date: | Hits: 27
Puspak Kumar Roy and another Vs. Eldrin Khan and others, 2005, 34 CLC (HCD)
..... The order of stay granted earlier by this Court dated 10-4-2004 is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 263. ....... The order of stay granted earlier by this Court dated 10-4-2004 is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 263. ...... This Case is also Reported in: 59 DLR (2007) 263. ......লিশী জমি বাদীপক্ষের নিরনকুশ দখল আছে কিনা?" 6. The plaintiff examined 3 PWs and the defendant examined 3 DWs. The plaintiffs documents were exhibited as Exhibit-1 series, 2 series, 3 series, 4 series, 5 series, 6, 7 series, 8..Category: Property Law | Date: | Hits: 34
.... been made without lawful authority and to be of no legal effect and why the respondents should not be directed to allow the petitioner to continue in service with all benefits.
2. The short facts relevant for the purpose of the case are, that the petitioner after obtaining the graduation degree ...... written allegations against the petitioner by one Akhi Islam Ruma, the authority put the petitioner under suspension on 18-1-2004 and a departmental proceeding was started after supplying relevant papers to him. Former Assistant Police Commissioner, KMP Sultana Nazma Hossain was appointed Inqui......ul Matin J
ATM Fazle Kabir J
Amirul Islam (Md)……………………………………………………Petitioner
Vs.
Bangladesh represented by the Secretary, Ministry of Home Affairs and others…. ……….Respondents
Judgment
May 15, 2006.
Cases Referred To-
Governme......f the respondent No.2 to oppose the Rule.
12. Mr. Abdur Rab Chaudhury, the learned Senior Advocate appearing on behalf of the petitioner, took us through the impugned orders and other connected documents/papers annexed to the writ petition and submits, that there are parallel provisions of dis..
Category: Employment/Service Law | Date: | Hits: 67
Anwara Begum Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
.... or listed as Abandoned Property and the same as through remained in possession of the petitioner and said Md. Younus Ali supervised, managed and occupied the same during the past years including the relevant time i.e. from 25th March, 1971 to 28th February, 1972 and therefore the property does not ......chief of PO 16 of 1972 and was duly published in the official Gazette as per provisions of Ordinance No. 54 of 1985 . The Court of Settlement in case No. 2 of 2000 examined the petitioner and all her papers and documents and compared the signature of the Non Bengali original allottee Md. Younus Ali ...... (Special Original Jurisdiction) Present: Tariq-ul-Hakim J Afzal Hossain Ahmed J Anwara Begum .............................. ……………Petitioner Vs. Government of Bangladesh and others………….Respondents Judgment August 1, 2005. Cases Referred To- Banglade......li does not match the signature of the said person as apparent on the mortgage deed. The Court of Settlement also agreed with the submissions of the Government side that the sale permission and other documents obtained from the Ministry of Housing and Settlement were forged and created by the petiti..Category: Property Law | Date: | Hits: 40
Abdul Karim and others Vs. Court of Settlement and others, 2007, 36 CLC (HCD)
....6 under Abandoned Buildings (Supplementary Provisions) Ordinance, Ordinance 54 of 1985 at page No. 9764 (17), Serial No. 42 (Annexure-I). Ed. This Case is also Reported in: 59 DLR (2007) 247.......6 under Abandoned Buildings (Supplementary Provisions) Ordinance, Ordinance 54 of 1985 at page No. 9764 (17), Serial No. 42 (Annexure-I). Ed. This Case is also Reported in: 59 DLR (2007) 247.......so Reported in: 59 DLR (2007) 247....... 40,000 (Taka forty thousand) vide four registered sale deeds being Nos. 2498, 2499, 2500 and 2501 dated 9-12-1972 and handed over the physical possession of the case property along with all original documents of the building in question; that thereafter, aforesaid Habiba Banu left the property and ..Category: Property Law | Date: | Hits: 33
Nazir Ahmed Vs. Md. Amin Mia and anothers, 2007, 36 CLC (HCD)
....ten document or business agreement to prove that the informant gave the alleged cheques to the accused for the purpose of doing business. It appears from the deposition of PW 5, that he went to the relevant bank and verified the cheques but no such cheques were seized and none of the bank authorit......informant and prepared jimmanama Exhibit 2 and those counterfoils are marked article Exhibit Ka-1 series 12 in the Court as identified by PW 1. In reply to cross-examination, PW 1 said that he has no papers to show that accused-petitioner used to live in his house as tenant since 1991 and PW 1 has g...... Supreme Court High Court Division (Criminal Revisional Jurisdiction) Present: Md. Abdul Matin J Md. Abdul Hye J Nazir Ahmed………………..Petitioner Vs. Md. Amin Mia and anothers………….Opposite Parties Judgment March 7, 2007. Cases Referred To- Sam......once if he is not wanted in connection with any other case. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 245. ..Category: Criminal Law | Date: | Hits: 40
Syed Ziaul Hasan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....and the identity of the subscribers, therefore, the question of discrimination did not arise at all. The respondent has also re-fixed the tariff value of the SIM Card at Taka 1628.96 according to the relevant provision of the VAT Act, 1991. 4. The respondent No. 5, the Commissioner of Customs,......sh Limited, a public limited company 100% shares of which are owned by the Government of Bangladesh, published a notice vide Memo No. Tele Talk /MD/M-5/2005/06 dated 5-5-2005 in different daily newspapers inviting applications from 7-5-2005 to 17-5-2005 through e-mail from the subscribers for dist......DLR (2007) 238, 26 BLD (HCD) (2006) 366. ......tity module (SIM) Card according to the price fixed i.e. Taka 1800. There will be no order as to costs. Ed This Case is also Reported in: 59 DLR (2007) 238, 26 BLD (HCD) (2006) 366. ..Category: Fiscal/Taxation Law | Date: | Hits: 131
Abul Koyser Vs. Tobarak Ali and others, 2007, 36 CLC (HCD)
....d. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 234 . ......d. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 234 . ......7) 234 . ......d. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 234 . ..Category: Property Law | Date: | Hits: 28
Khalilur Rahman Vs. State, 2007, 36 CLC (HCD)
....ition by PW 1, at the time of occurrence and this recognition has been corroborated by PW 9. The conviction of Khalilur Rahman is based upon the circumstantial evidence as well as his confession. The relevant portion of the confessional statement of Khalilur Rahman is reproduced below: "ঘ......lilur Rahman. We find no merit in these appeals. These appeals are dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 227 . ......…Respondent Judgment February 22, 2007. Cases Referred To- Mahidur @ Mahidul Islam vs. State, 1983 BLD 162, Md. Azad Sheik @ Azad SK vs. State 1988 BLD 505 = 41 DLR 62 and Zaheda Bewa vs. State 37 DLR 66. Lawyers involved: Md. Anisur Rahman Hatem, Advoca......lilur Rahman. We find no merit in these appeals. These appeals are dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 227 . ..Category: Criminal Law | Date: | Hits: 38
Shaherunnessa Vs. Shamsunnahar, 2007, 36 CLC (HCD)
.... the decree of the trial Court decreeing the suits are hereby set aside and both the suits are dismissed. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 217. ......ant Shaherunness examined her son while defendant Mohiuddin examined him only. Documents produced by the plaintiff were marked Exhibits 1 to 18 and 19 series in the suit against Shaherunnessa and the papers and documents adduced by the plaintiff in the suit against Mohiuddin was marked Exhibits,1 ......tahuddin Choudhury J Shaherunnessa......Petitioner Vs. Shamsunnahar…….Opposite Party Judgment January 25, 2007. Cases Referred To- Sadak Ali vs. Suruj Ali 7 DLR 94; Amar Chandra Sana vs. Ajit kumar Das 33 DLR (AD) 37. Lawyers involved: Subrata Chowdhury, Advocate—......nness examined her son while defendant Mohiuddin examined him only. Documents produced by the plaintiff were marked Exhibits 1 to 18 and 19 series in the suit against Shaherunnessa and the papers and documents adduced by the plaintiff in the suit against Mohiuddin was marked Exhibits,1 to 10. Docu..Category: Property Law | Date: | Hits: 35
Dhaka City Corporation and others Vs. Shamsur Rahman and others, 2007, 36 CLC (HCD)
...., effective and complete relief. Because, the record of rights would not be corrected even after such declaration and continue to remain as before, with at best a copy of the decree attached with the relevant page. 50. It occasioned no doubt, for the omission in the prayer for correction of ......ring with peaceful possession of the plaintiff in the suit land, in any way, as prayed for. Send down the records, at once. Ed. This Case is also Reported in: 59 DLR (2007) 207. ......ase is also Reported in: 59 DLR (2007) 207. ......ession or interest in the suit land? 15. In support of his case, the plaintiff examined three witnesses including himself while defendants examined two witnesses for their each set. Papers and documents adduced by the plaintiff were marked Exhibits 1 to 14 and those of the defendants were mar..Category: Property Law | Date: | Hits: 32
Mirza Shahab Ispahani Vs. Government of the Peoples’ Republic of Bangladesh, 1987, 16 CLC (HCD)
....ade several presentations to the respondent for releasing the disputed property from the list of abandoned properties and to restore possession to him. The petitioner in October, 1977 submitted all relevant papers to show his ownership as well as nationality by a representation (Annexure-G) and ......titioner's stay during the period from 25.3.71 to 16.12.71 and his national status during that time. In reply Mr. J. Rizvi informed the respondent by letter dated 18.3.78(Annexure-I (I)) that all papers have since been deposited with the respondent. Since then the petitioner had made several w......adesh, represented by the Secretary, Ministry of Works, Secretariat Building, Dhaka..........................Respondent Judment March 31, 1987. Cases Referred to- State of Bombay vs. Pandurang Vinayak and others, A.I.R. 1953 (S.C) 244; East End Dwelling Co. Ltd. vs. Finsbury Borough ......the petitioner was not permanent resident of the territory of Bangladesh on 25.3.71 because he was permanently residing in London as a Pakistani citizen at the relevant time. In his own papers and documents the petitioner had been claiming himself as a British citizen from 14.4.72. It is for the ..Category: Immigration and Citizenship Law | Date: | Hits: 188
Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)
....is case for the appellant while Mr. Md. Awlad All, the learned Advocate, appeared for the respondent. 16. Mr. Rafiq-Ul Huque, the learned Counsel having taken us through the impugned order and the relevant documents on record, submitted that the learned court below committed an error in refusing ...... the Bank of Tokyo and the photo copy of the Telex from the Bank of Tokyo Ltd. to Janata Bank stating that the amount in question had already been paid to defendant No.1 by the Bank of Tokyo are no papers to substantiate their claim and having found that the defendant opposite party did not submit......dent Judgment July 8, 1987. Cases Referred to- 33 DLR (AD) 298, AIR 1970 (S.C.) 891, AIR 1981 (S.C.) 1426, AIR 1986 ( S.C.) 1924, AIR 1983 (Cal), 106, AIR 1986 (Cal) 356, (1958) 1 All England Report 262, (1975) 1 All England Report 107, (1978) 1 All E.R.976, (1982) 2 All England Report 7......redit in question and payment to the defendant No.1 M/S. YAMA MOTO & CO. LTD., was made long before the maturity dates i.e. on 31.12.84 and 8.2.85 and the Bank of Tokyo is the bona fide holder of the documents in question and as such they are entitled to be paid by the defendants and this Court woul..Category: Business or Commercial Law | Date: | Hits: 209
State Vs. Mizanul Islam alias Dablu & another, 1987, 16 CLC (HCD)
....he ground that Abul Hossain the owner of the adjacent building has not been examined to prove that electric bulb fixed on the boundary wall of his building was in order and that it was burning at the relevant time. Of course it is true that Abul Hossain has not been examined in this case. But non ex......s hereby set aside and he is set at liberty forth with if not wanted in connection with any other case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58.......Complainant (Informant) Vs. Mizanul Islam alias Dablu & another……………………….Opposite Party (Appellant) Judgment May 11, 1987. Result: The Reference is accepted and the death sentence is hereby confirmed. Lawyers Involved: Kaiseruddin Ahmed, Deputy Attorn......s hereby set aside and he is set at liberty forth with if not wanted in connection with any other case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58...Category: Criminal Law | Date: | Hits: 61
....efendant petitioner to restore gas connection to the factory of the plaintiff opposite party within 7 days from the date and to submit subsequent gas bills as per meter reading.
2. The short facts relevant for the purpose of disposal of this Rule is, that there was an agreement signed and execute......eceipt of the copy of this judgment.
In the result, the Rule is disposed of with the aforesaid observation without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 35.
......s Case is also Reported in: 54 DLR (2002) 35.
......eceipt of the copy of this judgment.
In the result, the Rule is disposed of with the aforesaid observation without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 35.
..
Category: Civil Law | Date: | Hits: 115
Abu Lokman Vs. Commissioner of Customs & others, 2002, 31 CLC (HCD)
....aid sub section. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 34. ......No materials have been produced before this Court under affidavit in support of the fixation of the tariff value. This court can justify the validity of the imposition of tariff value considering the papers annexed to the supplementary affidavit showing the invoice value of the similar kind of GI Pi...... Abu Lokman……………………………..Petitioner Vs. Commissioner of Customs & others…………….Respondents Judgment July 8, 2002. Case Referred To- Mustafa Kamal and another Vs. Commissioner of Customs and others 52 DLR (AD) 1. Lawyers Involved: Md. Ramzan......onal market price of any particular item is approximate to the impugned tariff value, the question of onus fades into insignificance and the High Court Division is then free to decide on the basis of documents annexed by both sides as to on whose side the scale is heavier. If the writ petitioner's d..Category: Fiscal/Taxation Law | Date: | Hits: 56
New Age Garments Ltd. and others Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....notification, the Government fixed the minimum wages of adult un-skilled ‘workers and juvenile workers working in all private industrial concerns in the country. Dr M Zahir has taken us through the relevant provisions of law empowering the Minimum Wages Board to recommend fixation of wages of indu......4 Ain/2001/Srakoml0/Ni:Mo: Ni; 28/2001 dated 8th July, 2001 is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 54 DLR (2002)33.......o legal effect. Ed. This Case is also Reported in: 54 DLR (2002)33.......4 Ain/2001/Srakoml0/Ni:Mo: Ni; 28/2001 dated 8th July, 2001 is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 54 DLR (2002)33...Category: Labour and Industrial Law | Date: | Hits: 96
ASM Shamsul Islam Rashedi Vs. Satellite Fishing Ltd. and others, 2001, 30 CLC (HCD)
....his application under section 233 which is deplorable. In view of the above, this application is dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 28. ......his application under section 233 which is deplorable. In view of the above, this application is dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 28. ......4 DLR (2002) 28. ......stant Registrar of Joint Stock Companies. These reports on the alleged Annual General Meetings are made up. Therefore, the petitioner claims that for the ends of justice the aforesaid resolutions and documents should be declared to have been passed illegally and should be cancelled to protect the in..Category: Company Law | Date: | Hits: 220
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