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Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 2008, 37 CLC (AD)
.... Md. Hassan Ameen J Md. Abdul Matin J Islami Bank Bangladesh Ltd..............Petitioner (In all petitions) Vs. Commissioner of Taxes, C......ill dismiss the review petitions. Order of the Court The Review petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 145 ; 29 BLD (AD) 2009, 139. ......ill dismiss the review petitions. Order of the Court The Review petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 145 ; 29 BLD (AD) 2009, 139. ...... of business of the petitioner and not with the religious and moral aspects and consequences of 'Zakat'; that according to the principles of Islamic Shariah and the Memorandum and Articles of Association, the petitioner, being the custodian of the fund is liable to pay 'Zakat' for the same,..Category: Fiscal/Taxation Law | Date: | Hits: 145
Monirul Islam Vs. State and another, 2009, 38 CLC (HCD)
....istrate), Moyeshkhali, Cox's Bazar is quashed. Let a copy of the judgment be sent forthwith. Sheikh Rezowan Ali J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 327. ......titioner calling upon the opposite parties to show cause as to why the proceedings of C.R. Case No.54 of 2004 under section 420/406 of the Penal Code, pending in the court of Upazila Magistrate, (now Judicial Magistrate), Moyeshkhali, Cox's Bazar should not be quashed. 2. Events leading to issuan......istrate), Moyeshkhali, Cox's Bazar is quashed. Let a copy of the judgment be sent forthwith. Sheikh Rezowan Ali J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 327. ......istrate), Moyeshkhali, Cox's Bazar is quashed. Let a copy of the judgment be sent forthwith. Sheikh Rezowan Ali J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 327. ..Category: Criminal Law | Date: | Hits: 93
Muzaidul Islam Vs. Bangladesh, 2009, 38 CLC (HCD)
....Present: Mir Hashmat Ali J Md. Nuruzzaman J Muzaidul Islam s/o. Shah Alam, Village: Kalirchar P.S. & Dt. Laxmipur and others.……. Petitioners. Vs. Bangladesh represented by the Secretary, Ministry of Establishment, Bangladesh Secretariat, Dhaka ......; Mir Hashmat Ali J. I agree. Ed. This Case is also Reported in: ......; Mir Hashmat Ali J. I agree. Ed. This Case is also Reported in: ......; Mir Hashmat Ali J. I agree. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 132
S.M. Zakir Hossain Vs. Bangladesh, 2009, CLC (HCD)
.... S.M. Zakir Hossain, son of late Harun or Rashid, Principal –in-Charge, Abdul Jabber College, Borhanuddin, Bhola............. Petitioner. Vs. The People’s Republic of Bangladesh represented by Secretary Ministry of Education, Bangladesh Secretariat,...... Mir Hashmat Ali J.- I agree. This Case is also Reported in: ......ssued by the respondent No.3 regretting the prior permission for appointing the Principal of Abdul Jabber College, Borhanuddin, Bhola as per Article 4(Ka) of Non Government Decree College Teachers Services Regulations, 1994 is illegal, malafide, without jurisdiction and is of no legal effe...... Mir Hashmat Ali J.- I agree. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 121
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....) 2009, 79, VII ADC (2010) 721. ......i alteram partem” that before a person is punished an opportunity to show cause against the proposed punishment shall be afforded to him. 29. The word audi alteram partem has been defined in the Judicial Dictionary, 13th Edition by K.J. Aiyar that “The doctrine of audi alteram partem” holds......swerable to senior officials, who controlled salaries and promotion. The Bill of Rights 1994 established, along with a Constitutional Court that has the power to invalidate legislation, a Judicial Service Commission to govern the higher judiciary. (A separate Magistrates Commission was establishe...... be effective consultation with its primacy. 5. In the case of S.P. Gupta and others Vs. President of India and others reported in AIR 1982 (SC) 149, the case of Supreme Court Advocates-on-Record Association Vs. Union of India reported in AIR 1994 page 269 and Special Reference No.1 of 1998 and ..Category: Constitutional Law | Date: | Hits: 251
M/S. Classic Fashion Limited Vs. Mrs. Asrafunnessa Dana and another, 2009, 38 CLC (AD)
....d by the High Court Division in First Appeal No.562 of 2000). Order Mohammad Fazlul Karim J.- This application under Article 103 of the Constitution of the People's Republic of Bangladesh is directed against the judgment and order dated 24.07.2006 passed by the High Court Di...... Security of TK.1000.00 is to be deposited with one month from date. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ...... Security of TK.1000.00 is to be deposited with one month from date. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ...... Security of TK.1000.00 is to be deposited with one month from date. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 110
Golam Mostafa and others Vs. Government of the People’s Republic of Bangladesh, 2007, 36 CLC (AD)
....Abedin J Golam Mostafa and others, represented by their constituted Attorney, Golam Mostafa. ……..Petitioners Vs. The Government of the People’s Republic of Bangladesh represented by Secretary Ministry of Land and other. ……..Respondents ......e do not find any cogent ground to interfere with the same. This Petition is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: ......e do not find any cogent ground to interfere with the same. This Petition is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: ......e do not find any cogent ground to interfere with the same. This Petition is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 25
Md. Lukman Vs. Rustom Khan and others, 2008, 37 CLC (AD)
....ted property in pursuance of Government notification No.6199-Genl-dated 03.12.1965 under the defence of Pakistan Rules published by Dhaka Gazette dated 04.12.1965. It appears that the Government of Bangladesh proved the census list as well as others documents as provided under law by way of supp...... above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 51
Special Reference No.1 of 2009, 38 CLC (AD)
....iamentary Affairs vide memo No. বিচার-৩/১ এম-৬/২০০৯-৬৮৫ dated 17.8.2009 sent a reference to the Appellate Division addressed to the Registrar of the Supreme Court of Bangladesh for reporting its opinion back to him on the following two questions raised in the backdr......in Peelkhana and about 1779 persons have so far been arrested in connection with the said case. For the offences committed outside Peelkhana authority has lodged 40 CR cases before the Court of Chief Judicial Magistrates in all concerned District under sections 120-B, 121 and 121-A of the Penal Code......e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ......this court comprising Mr. Khandaker Mahbubuddin Ahmed, Mr. M. Amir-ul-Islam, Dr. Kamal Hossain, Mr. Mahmudul Islam, Azmalul Hossain, QC, Mr. A.F. Hasan Arif and the President of the Supreme Court Bar Association Mr. A.F.M. Mesbahuddin expressed their view in favour of the reference submitting that r..Category: Constitutional Law | Date: | Hits: 289
Janab Ali (Md.) and another Vs. Salema Khatun and others, 2009, 38 CLC (AD)
....03. Thus, we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 122. ......03. Thus, we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 122. ......03. Thus, we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 122. ......03. Thus, we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 122. ..Category: Property Law | Date: | Hits: 38
Syed Nurul Azim Babar Vs. State, 2009, 38 CLC (AD)
....…………………………Respondent Judgment July 5, 2009. Cases Referred To- Rameshwar Dayal vs. State of U. P. AIR. 1978 S.C. 1558; Surjan Vs. State of Rajasthan AIR 1956 SC 425; Bangladesh (State) Vs. Paran Chandra Baroi BCR 1986 (AD) 225. Lawyers Involved: A. K. Badrul......on of the deceased. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 66; VI ADC (2009) 709.......on of the deceased. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 66; VI ADC (2009) 709.......on of the deceased. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 66; VI ADC (2009) 709...Category: Criminal Law | Date: | Hits: 60
Shamsu Meah and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....tioner (In Civil Petition No. 441 of 2005) Gias Uddin………...............................Petitioner (In Civil Petition No. 442 of 2005) Vs. The Government of Bangladesh represented by the Secretary, Ministry of Housing and Public Works, Secretariat Buildin......bservation of the High Court Division on the merit, of the case will have no bearing while deciding the dispute by any civil Court. Ed. This Case is also Reported in: VI ADC (2009) 702. ......bservation of the High Court Division on the merit, of the case will have no bearing while deciding the dispute by any civil Court. Ed. This Case is also Reported in: VI ADC (2009) 702. ......bservation of the High Court Division on the merit, of the case will have no bearing while deciding the dispute by any civil Court. Ed. This Case is also Reported in: VI ADC (2009) 702. ..Category: Property Law | Date: | Hits: 34
Bangladesh Vs. Mariam Begum and others, 2009, 38 CLC (AD)
....I ADC (2009) 661, 63 DLR (AD) (2011) 122.......no illegality or infirmity in the above Decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 661, 63 DLR (AD) (2011) 122.......no illegality or infirmity in the above Decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 661, 63 DLR (AD) (2011) 122.......no illegality or infirmity in the above Decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 661, 63 DLR (AD) (2011) 122...Category: Property Law | Date: | Hits: 25
Rajdhani Unnayan Kartipakkya (RAJUK) Vs. Jahan Ara Begum and others, 2008, 37 CLC (AD)
....llary to requisition of land and as such the direction of the High Court Division is beyond the scope of jurisdiction of the High Court Division under Article 102(2) (a) (i) of the Constitution of Bangladesh. He also submits that the High Court Division committed illegality in upholding the argu......le disposed of with directions therein are, hereby, set aside. Accordingly, the appeals are allowed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 145; VI ADC (2009) 649. ......le disposed of with directions therein are, hereby, set aside. Accordingly, the appeals are allowed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 145; VI ADC (2009) 649. ......le disposed of with directions therein are, hereby, set aside. Accordingly, the appeals are allowed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 145; VI ADC (2009) 649. ..Category: Property Law | Date: | Hits: 41
HRC Shipping Ltd. Vs. MV Lady Fatima and others, 2009, 38 CLC (AD)
....ed an application for arrest of 'MV Lady Fatima' and 'MV Dali' berthed at Chittagong Port, Chittagong before the High Court Division contending that the plaintiff is a company incorporated in Bangladesh under the Companies Act, 1994 and is the owner of a number of seagoing vessels and carri...... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009)115. ...... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009)115. ...... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009)115. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 513
State Vs. Anowar Hossain Pinto alias Anowar Hossain & another, 2009, 38 CLC (AD)
....be set at liberty forthwith." The above short order shall form part of this judgment. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 108; 29 BLD (AD) 2009, 73; 14 MLR (AD) (2009) 328. ......nt for life. 23. This Court on 4th June, 2009 passed the following short order: "Let the convict-respondent, Anowar Hossain Pinto @ Anower Hossain be released to the satisfaction of the Chief Judicial Magistrate, Comilla in connection with Death Reference No. 11 of 2000 and Criminal Appeal N......be set at liberty forthwith." The above short order shall form part of this judgment. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 108; 29 BLD (AD) 2009, 73; 14 MLR (AD) (2009) 328. ......be set at liberty forthwith." The above short order shall form part of this judgment. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 108; 29 BLD (AD) 2009, 73; 14 MLR (AD) (2009) 328. ..Category: Criminal Law | Date: | Hits: 53
James Finlay PLC and others Vs. Mahi Fish Processing Ltd. and others, 2009, 38 CLC (AD)
....ter of credit was enhanced to US$ 7, 50,000 and the said letter of credit was opened through Philadelphia International Bank, New York, the LC opening bank. Agrani Bank was the negotiating bank in Bangladesh. The plaintiff submitted the bill of lading to defendant No. 7, Agrani Bank, the L/......tance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 124. ......tance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 124. ......tance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 124. ..Category: Business or Commercial Law | Date: | Hits: 178
Bangladesh and others Vs. Sirajuddin Khan, 2009, 38 CLC (AD)
....lso Reported in: 14 MLR (AD) (2009) 312. ...... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 312. ...... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 312. ...... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 312. ..Category: Property Law | Date: | Hits: 30
Matiur Rahman Chowdhury Vs. Commissioner of Taxes, Dhaka, 2009, 38 CLC (AD)
....e Tribunal was justified in dismissing the appeal in limine on the ground of non-fulfillment of requirement under Section 158(2) (b) of the Income Tax Ordinance, 1984? (b) Whether the Bangladesh Taxes Appellate Tribunal was justified in law in not considering the appeal on merit un......l, Division Bench-1, Dhaka, with further direction to dispose of the appeals, if made ready, preferably within six (6) months. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 305. ......l, Division Bench-1, Dhaka, with further direction to dispose of the appeals, if made ready, preferably within six (6) months. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 305. ......l, Division Bench-1, Dhaka, with further direction to dispose of the appeals, if made ready, preferably within six (6) months. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 305. ..Category: Fiscal/Taxation Law | Date: | Hits: 89
Md. Kudrat Ali Vs. Dr. Mahfuzul Haque and another, 2008, 37 CLC (AD)
....further in review petition there is no scope of rehearing as sought by the petition. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 620. ......further in review petition there is no scope of rehearing as sought by the petition. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 620. ......further in review petition there is no scope of rehearing as sought by the petition. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 620. ......be the Directors thereof and each group will hold 50% i.e. equal share as well as equal say in the management of the proposed company and thereafter 50 copies of the Memorandum and Article of Association of the proposed company were printed containing the above terms along with other terms ..Category: Criminal Law | Date: | Hits: 44
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