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Auto Equipment Ltd. Vs. Commissioner of Taxes, 2001, 30 CLC (HCD)
....of 2000. Judgment Md. Awlad Ali J. - This reference under section 160(1) of the Income Tax Ordinance, 1984 at the instance of the assessee Auto Equipment Limited has been made against the order dated 4-7-1999 made by the Taxes Appellate Tribunal, Division Bench 2, Dhaka. This reference is rela......panies Act, 1913 and engaged in business selling insecticide and tubewell parts. The assessee filed income tax return for the years under assessment showing income of Taka 5,81,386 and in response to notice under sections 83(1) and 79 of the Income Tax Ordinance, 1984 the assessee submitted all book......cts, in brief, are that the assessee-applicant is a company incorporated under Companies Act, 1913 and engaged in business selling insecticide and tubewell parts. The assessee filed income tax return for the years under assessment showing income of Taka 5,81,386 and in response to notice under secti..Category: Fiscal/Taxation Law | Date: | Hits: 69
Saidur Rahman Vs. State, 2001, 30 CLC (HCD)
....man Khan, Assistant-Attorney- General —For the Respondent. Criminal Appeal No. 400 of 1995. Judgement Md. Munsurul Hoque Chowdhury J. - This appeal has arisen out of the judgment and order dated 28-1-95 passed by the Senior Special Tribunal, Dhaka in Anti-Corruption Tribunal Case No. 3 of...... and sentence the present appeal has been filed. 5. Mr. Abdul Malek the learned Senior advocate appearing with Mr. Abdul Barek Chowdhury, the learned Advocate, at the outset has submitted that the notice under section 4(1) of Act 26 of 1957 having been served upon the appellant without any prior ......a in Anti-Corruption Tribunal Case No. 3 of 1994 convicting the appellant under section 4(2) of the Anti-Corruption Act (Act 26 of 1957) and sentencing him thereunder to undergo rigorous imprisonment for 3(three) years and to pay a fine of Taka 25,000 in default to suffer simple imprisonment for 9(n..Category: Criminal Law | Date: | Hits: 83
Mst. Nurjahan Begum Vs. Administrator of Waqfs and others, 2010, 39 CLC (AD)
.... Md. Nurul Islam Chowdhury, Advocate-on-Record-For Respondent No. 2. Not represented-Respondent Nos. 1 & 3-31. Civil for Leave to Appeal No. 2281 of 2009. (From the judgment and order dated 02.07.2008 passed by the High Court Division in F. M. A. No.168 of 2001.) Judgment Md. A......ain to Nurjahan Begum, the predecessor of the petitioner. Therefore we find no substance in this petition which is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 518. ......instructed by Mohammad Ali, Advocate-on-Record-For the Petitioners. Md. Nurul Islam Chowdhury, Advocate-on-Record-For Respondent No. 2. Not represented-Respondent Nos. 1 & 3-31. Civil for Leave to Appeal No. 2281 of 2009. (From the judgment and order dated 02.07.2008 passed by the..Category: Trust/Waqf Law | Date: | Hits: 183
Government of the People's Republic of Bangladesh Vs. Md. Anowar Hossain, 2010, 39 CLC (AD)
....on-Record- For the Appellants. Saheed Alam, Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record- For the Respondent. Civil Appeal No.197 of 2004. (From the judgment and order dated 04.07.1999 passed by the High Court Division in Writ Petition No.705 of 1998.) Judgment ...... aside and the dismissal of the writ petitioner from service is declared to have been passed by a competent authority in accordance with law. This Case is also Reported in: 15 MLR (AD) (2010) 515. ......ng the appeal respectively. The writ petitioner, a member of the Bangladesh Rifles, joined his service as a Sepoy on 15.01.1976 and in due course got promotions, lastly as Havilder. He was in service for 20 years 6 months 1 day on the day he was dismissed from service arbitrarily on 16.07.1996 by th..Category: Employment/Service Law | Date: | Hits: 80
Government of Bangladesh Vs. Hazrat Baku Shah Hawkers Market Somabaya Samity, 2010, 39 CLC (AD)
.... T.H. Khan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondents (In both the appeals). Civil Appeal Nos. 149-150 of 2005. (From the judgment and order dated 14.12.2004 passed by the High Court Division in Writ Petition Nos. 5512, 4338 of 2003 with Wri......ll not be declared to have been passed malafide, illegally and without lawful authority. The Rule in Writ Petition No. 2801 of 2004 was issued calling upon the respondents to show cause as to why the notice published in the "Daily Inquilab" inviting proposal for construction of a market under the na......rit Petitions were heard analogously. 2. The Rule was issued in Writ Petition No.552 of 2003 calling upon the respondents to show cause as to why they should not be directed to take necessary step for registering the deed of permanent lease of 1.68 acres of khas land in favour of the petitioner. ..Category: Property Law | Date: | Hits: 28
Nasiruddin Khan Vs. Forhad Hossain Bhuiyan, 2009, 38 CLC (AD)
....r. Abdul Wadud Bhuiyan, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record- For the Respondent. Civil Petition for Leave to Appeal No. 1515 of 2009. (From the judgment and order dated the 20th day of May, 2009 passed by the High Court Division in Civil Revision No.4741 of 2006)......the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 707.......nstructed by Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioner. Abdul Wadud Bhuiyan, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record- For the Respondent. Civil Petition for Leave to Appeal No. 1515 of 2009. (From the judgment and order dated the 20th day of May, 200..Category: Property Law | Date: | Hits: 42
Md. Shahabuddin Vs. Janata Bank, 1988, 17 CLC (HCD)
....85 were instituted on 27-9-83 and 18.4.85 respectively. Both the suits were decreed by the learned Munsif by separate judgments on 30.8.86, but the learned District Judge also in separate judgments dated 26.2.87 allowed the appeals and dismissed the suits. 2. Both the petitioners Md. Shahabuddi......void, as the order had been passed not by defendant No. 3 who was their appointing authority but by a subordinate authority and such punitive order of dismissal had been passed without any show cause notice. 3. All the first 4 defendants of both the suits (wrongly described as defendant numbers 2.......B.M. Hamid Khan were members of the clerical staff (clerk and cashier respectively) of Chawk Bazar Branch, Barisal of the Janata Bank and were the office-bearers of the Bank Karmachari Union—the former being a member of the Executive Body and the latter being a Vice-President. The suits were ..Category: Employment/Service Law | Date: | Hits: 76
Angur Vs. State, 1988, 17 CLC (HCD)
....e order of conviction and sentence passed by Mr. Binoy Kumar Bose, Assistant Sessions Judge, 4th Court, Kishoreganj in Sessions Case No. 163/80. The learned Assistant Sessions Judge by his Judgment dated 29.6.85 found appellant Angur guilty of the offence punishable under sections 395/397 of the......e anything for which the pardon already tendered to him can be forfeited. He should be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (1989) 66.......s Judge by his Judgment dated 29.6.85 found appellant Angur guilty of the offence punishable under sections 395/397 of the Penal Code and convicted and sentenced him to suffer rigorous imprisonment for 7(seven) years and also to pay a fine of TK. 500/- in default, to suffer rigorous imprisonment f..Category: Criminal Law | Date: | Hits: 42
Abdul Mukit Chowdhury Vs. The Chief Election Commissioner & others, 1988, 17 CLC (HCD)
....wrote a report stating that he could not count the ballots at the Centre and he was forced to sign the result sheet upon threat and intimidation. The Returning Officer of the Upazila by his Memo, dated 13-2-88 addressed to (nil) stated that the elections in (1) Ali Nagar Union Parishad (2) Bea......d by the Presiding Officer and his allegation is directed against the Presiding Officer, the Returning Officer and the Election Commission. These officials and the Election Commission are served with notice to appear before this court as Rule was issued against them but none of them have appeared ......i Shafiuddin J.- This Rule was issued calling upon the respondents to show cause why the respondent Nos. 1-4 shall not be directed to hold fresh polls at Dhaka Uttar Muhammadpur High School Station for the election of Chairman of No. 1 Ali Nagar Union Parishad within Upazila Beani Bazar, District ..Category: Election Law | Date: | Hits: 119
....truded by Habibur Rahman Miah, Advocate-on-Record-For the Petitioners.
Not represented- the Respondents.
Civil Petition for Leave to Appeal No. 1800 of 2009.
(From the judgment and order dated the 25th day of May, 2009 passed by the High Court Division in Civil Revision No. 5274 of 2002......f 1994.
2. The facts involved in the case, in short, are that the plaintiff instituted Title Suit No. 88 of 1993 in the Court of Senior Assistant Judge, Brahmanbaria Sadar for declaration that the notice for eviction against the plaintiff Nos. 2-14 is illegal and without jurisdiction.
3. The d......uary 17, 2010.
Lawyers Involved:
A.B. Roy Chowdhury, Advocate intruded by Habibur Rahman Miah, Advocate-on-Record-For the Petitioners.
Not represented- the Respondents.
Civil Petition for Leave to Appeal No. 1800 of 2009.
(From the judgment and order dated the 25th day of May, 200..
Category: Property Law | Date: | Hits: 27
Commissioner of Taxes Vs. Aleaf Enterprise, 2001, 30 CLC (HCD)
....n No. 25 of 1997. Judgment Md. Awlad Ali J. - This reference under section 160 of the Income Tax Ordinance, 1984 at the instance of the Commissioner of Taxes Zone-7 Dhaka arises out of an order dated 9-9-96 passed by the Taxes Appellate Tribunal, Single Bench, Dhaka in ITA No. 2534/95-96, for ......of Taxes Zone-7 Dhaka arises out of an order dated 9-9-96 passed by the Taxes Appellate Tribunal, Single Bench, Dhaka in ITA No. 2534/95-96, for the assessment year 1992-93. 2. In pursuance of the notice under sections 79 and 83(1) of the Income Tax Ordinance the assessee M/s Aleaf Enterprise app......me Tax Ordinance, 1984 at the instance of the Commissioner of Taxes Zone-7 Dhaka arises out of an order dated 9-9-96 passed by the Taxes Appellate Tribunal, Single Bench, Dhaka in ITA No. 2534/95-96, for the assessment year 1992-93. 2. In pursuance of the notice under sections 79 and 83(1) of the..Category: Fiscal/Taxation Law | Date: | Hits: 55
Pubali Bank Ltd. Vs. Md. Mamunur Rahman and Another, 2001, 30 CLC (HCD)
.... Habibul Islam Bhuiyan, Senior Advocate with Aminul Islam, Advocate—For the Respondent No.1. First Appeal No. 73 of 1992. Judgment ABM Khairul Haque J. - This appeal arises on the judgment dated 27-2-1992 and decrees 1-3-1992 passed by the Judge, Artha Rin Court Kishoregonj, in Artha Rin ......without any order as to cost. The counter-claim of the defendant No.1 is dismissed as not maintainable. Send down the records forthwith. Ed This Case is also Reported in: 54 DLR (2002) 458.......s of money towards liquidation of its loan liabilities from time to time but since 24-6-1986 did not make any repayment towards its loan. As such, the plaintiff bank was constrained to file this suit for recovery of Taka 16,45,750 as on February 1988, against defendants. The defendant No.1 contested..Category: Civil Law | Date: | Hits: 79
Shahjahan Faraji and another Vs. State, 2002, 31 CLC (HCD)
.... is found necessary and expedient in the facts of the case. The learned trial Court is directed to dispose of CR Case No. 133 of 1999 as expeditiously as possible, preferably within 3 months from the date of receipt of the order. Communicate the order to the learned Magistrate, Barisal at once fo......he date of receipt of the order. Communicate the order to the learned Magistrate, Barisal at once for his information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)457.......eral — For the State. Criminal Miscellaneous Case No. 8044 of 2001. Judgment Gour Gopal Saha J. - This case arises out of an application under section 526 of the Code of Criminal Procedure for transfer of GR Case No. 133 of 1999, arising out of Mehendiganj PS Case No. 10(11) 99 under sect..Category: Procedural Law | Date: | Hits: 61
..... 53, 558, 557 and RS plot Nos. 1810, 1811 were recorded in the name of Dilu Bepary and thereafter, the heirs of Dilu Bepary made partition of the land amongst themselves by registered partition deed dated 20-5-1948 under Serial No. 3325 which was recorded in Book No. 1, Volume 38 pages 9-12 of the ......heed Alam, Advocate—For the Respondents.
Writ Petition No. 4095 of 1999.
Judgment
Md. Marzi-ul Huq J.- This Rule was issued calling upon the respondent to show cause as to why the impugned notice complained against should not be declared to have been made without any lawful authority and ......aim in that their notices at all relate to the land of Sadrul Hasan which does not devolve the land purchased by the petitioner and her husband. The respondent No. 1 served a notice dated 25-10-1999 for eviction in eviction Case No. 5 upon the petitioner on 26-10-1999 issued in the name of the peti..
Category: Property Law | Date: | Hits: 22
Moniruzzaman (Md.) Vs. ANM Didar-e-Alam and others, 2002, 31 CLC (HCD)
....he name of his firm, Al Aksha Aviation Service Ltd. used to purchase different tickets of different airlines as a part of his travel business and he has defaulted in paying Taka 4,14,130 on different dates which was due to the complainant. The accused avoided payment on different pleas and pretexts ......tioner by letter dated 3-7-2000 about the said dishonoring of his cheque and demanded payment of his dues but the accused has not paid the complainant’s dues. Thereafter, the complainant sent legal notice to him on 18-7-2000, which the accused refused to receive and, as such, he defaulted to make ......hort period but he failed to clear up the dues and lastly, he issued a cheque of Taka 50,000 only on 15-6-2000 drawn on Sonali Bank, Kallyanpur, Dhaka. The complainant produced the cheque in the Bank for encashment but it was dishonoured due to insufficiency of fund in his relevant account. Thereaft..Category: Criminal Law | Date: | Hits: 29
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2001, 30 CLC (HCD)
....arties. Civil Revision No. 110 of 1994. Judgment MA Wahhab Miah J. - This Rule was obtained by the heirs of deceased defendant Nos. 7, 8 and other defendants against the Judgment and decree dated 31st October, 1993, passed by the District Judge, Lakshimpur in Title Appeal No. 44 of 1989 re...... impugned Judgment and decree calling for interference by the Court. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 440....... Subordinate Judge, Noakhali in Other Class Suit No. 85 of 1967. 2. The opposite party Nos. 1-4 as plaintiffs instituted Other Class Suit No. 85 of 1967 in the Court of Subordinate Judge, Noakhali for declaration that the suit property as described in Schedule A to the plaint measuring an area of..Category: Property Law | Date: | Hits: 23
Tajul Islam Vs. Gobinda Prashad Das and others, 2000, 29 CLC (HCD)
....inant filed a petition of complaint before the Senior Special Judge, Cox’s Bazar alleging, inter alia, that on 29-12-91 he went to the Court of Thana Magistrate, Chokoria for inquiry about the next date and position of GR Case No. 25 of 1991 and Chokoria PS Case No. 14(9) of 1991 instituted by his......harged. In the result, the Rules are discharged. The order of stay granted earlier at the time of issuance of the Rules are hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002)436.......64): AIR 1969 Supreme Court 17(V56C—7); Abdul Gani vs. State 24 DLR 230(162); Hussain Mohammad Ershad vs. State, 45 DLR (AD) 48. Lawyers Involved: Md. Mahbub Ali with Reba Kaniz, Advocates— for the Petitioner (In Criminal Miscellaneous Case No. 6544 of 2000) Abdus Salam Mamun, Advocate ..Category: Criminal Law | Date: | Hits: 62
Sarwar Garments Ltd. Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....is Sarwar Garments Ltd., a company incorporated under the Companies Act. In Writ Petition No. 2718 of 2001 the petitioner has impugned an order vide Memo No. 5(13)29/Bond-Commi/Investigation/2001/840 dated 21-5-2001 issued by the respondent No. 2, i.e. the Commissioner, Customs Bond Commissionerate,......stay against order dated 21-5-2001 the respondents are bent upon the petitioner and with malafide intention resorted to the provision of section 13(3) of the Customs Act, 1969 and issued a show cause notice as evidenced by annexure “P” to the Writ Petition No. 2969 of 2001 whereby a show cause n...... bonded warehouse licence No. 487/Cus-SBW/85 dated 8-9-1985 of the petitioner Company under section 13(3) of the Customs Act, 1969. 4. The petitioner Company established a Garments Factory in 1984 for producing readymade garments by mechanical and manual process and for manufacturing men’s shir..Category: Fiscal/Taxation Law | Date: | Hits: 63
Osi Meah Sowdager Vs. Tulsidham Akherar Madan Mahan Narasingha and others, 2002, 31 CLC (HCD)
....te—For the Opposite Parties. Civil Revision No. 5361 of 1991 with Civil Revision No. 5361 of 1991. Judgment Gour Gopal Saha J.- These two Rules are directed against the judgment and decree dated 28-9-1983 (decrees signed on 1-11-1986) passed in Other Appeal Nos. 2 of 1986 and 3 of 1986, h......the learned 1st Court of Subordinate Judge, Chittagong for his information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)409....... 1979, whereby Other Suit Nos. 49 of 76 and 130 of 76 were decreed and Other Suit No. 87 of 79 was dismissed on contest. 2. No one appears to support the Rules. 3. These Rules have been pending for disposal for over 16 years and all further proceedings of the relevant execution cases have rema..Category: Civil Law | Date: | Hits: 69
Golam Mohammad Khan Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....ode, the detenu was granted anticipatory bail by this court. So, according to him, there was no reason to detain the detenu by giving reference of those cases. 5. Lastly, as regards the occurrence dated 2-12-2001 he has argued that the detenu has been implicated only for a political purpose becau......y be given detention even after acquittal in a case (vide the case of Habiba Mahmud reported in 54 DLR (AD) 89 and the case of H Saha vs. State of West Bengal reported in AIR 1974 (SC) 2154). We have noticed that in the grounds the cases have not been mentioned as one of the grounds for detention bu......udgment Md. Hamidul Haque J.- This Rule was issued calling upon the respondents to show cause as to why the detenu Al-Haj Mokbul Hossain now detained in Dhaka Central Jail, should not be brought before this Court so that it may satisfy itself that he is not being held in custody illegally and wit..Category: Criminal Law | Date: | Hits: 60
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