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Eskayef Bangladesh Ltd. Vs. Commissioner of Taxes, 2004, 33 CLC (HCD)

....ly, the questions in both the reference applications are answered in the affirmative and in favour of the Department. No order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 531. ...... the same cannot be said to be sacrosanct when the expenditures were not verifiable. From the order of the DCT it is clear that he has specified the heads of expenditure which were not verifiable and accordingly, he disallowed some expenses. Thus, defects in the account of the assessee having been c...... Zinat Ara J Eskayef Bangladesh Ltd………………………..Petitioner Vs. Commissioner of Taxes…………………………Respondent. Judgment April 27, 2004. Cases Referred to- Titas Gas Transmissions and Distribution Co. Ltd Vs. Commissioner of Taxes, 2000 BTD 27; Sag......m the excess perquisites for the assessment year 1994- 95 and Taka 7,77,025 for the assessment year 1995- 96 with direction to the DCT to calculate the perquisites on individual employee basis as per law. 4. In both the reference applications it has been contended that the Appellate Tribunal fail..

Category: Fiscal/Taxation Law | Date: | Hits: 88

Badrud Doza (alias Momin) (Md.) Vs. State, 2006, 35 CLC (HCD)

....sent BD House, Road No. 43, House No. 3, PS Gulshan, Dhaka be enlarged on bail subject to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 58 DLR (2006) 529.......sent BD House, Road No. 43, House No. 3, PS Gulshan, Dhaka be enlarged on bail subject to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 58 DLR (2006) 529.......y. Judgment August 10, 2006. Lawyers Involved: Rokonuddin Mahmud, Abdur Razzaq, Ehsan A Siddiq with Abdullah Al Mubin, Advocates—For the Petitioner. ABM Waliur Rahman Khan, Deputy Attorney-General—For the State-Opposite Party. Criminal Miscellaneous Case No. 10887 of 2006. ......n in Writ Petition No. 3073 of 2006 wherein the learned Writ Bench directed the opposite party not to arrest or harass the petitioner for two months from 9-4- 2006. But in violation of that order the law enforcing agency of the opposite-party arrested him before two months on 14-5-2006. Mr. Rokonudd..

Category: Criminal Law | Date: | Hits: 64

Mofazzal Hossain alias Mofa and others Vs. State, 2004, 33 CLC (HCD)

....dence or circumstances sought to be proved by the prosecution must be put to the accused during examination under section 342 of the Code of Criminal Procedure otherwise it would cause miscarriage of justice. In this regard, reliance can be placed in the case of State Vs. Monu Mia and others reporte......respective bail bonds. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 524. ......zal Hossain alias Mofa and others…………………Accused-Appellants Vs. State………………………………………………………………………..Respondent. Judgment October 25, 2004. Cases Referred to- State Vs. Rafiqullah Khan, 7 BLC 480; Uster Ali Vs. State,......ication out of enmity and there is no nexus between them and the alleged offence. The positive case of the defence is that Abdus Sobhan. Now Chairman of the Deklerpur Union Parishad is the brother-in-law of the informant whereas the appellants are the party men of the former Chairman Yeakub. There i..

Category: Criminal Law | Date: | Hits: 52

Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)

....ing proved that the beneficiary, seller had already gone bankrupt, there would be no chance of recovery of any money if Gemini or Southern was made to pay and that would lead them to 'irretrievable injustice'. 86. On our request, Mr. Mahmudul Islam was very kind enough to address us as an Ami...... the documents due to reasons that (a) forwarder bill of lading was submitted instead of 'clean shipped on board ocean bill of lading' and (b) shipment made after the expiry of the shipment date. PBL accordingly, advised third defendant KEB that its earlier acceptance should be treated as withdrawn ......king Corporation, 31 NYS 2nd 631 (1941); Edward Owen Engineering Ltd Vs. Barclays Bank International Ltd. [1978] 1 Lloyd's Rep 166 = [1978] 1 All ER 976; Limited Trading Corporation SA and Murvay Clayton Ltd Vs. Allied Arab Banks, [1985] 22 Lloyd's Rep 554; Handerson Vs. Canadian Imperial Bank of Co......imed against the appellant of being in anyway concerned with any fraud and in FA No. 303 of 2000 the documents having never been rejected on ground of fraud, the learned Joint District Judge erred in law in decreeing the suit on fraud. In support, he cited AIR 1941 PC 93. 58. He submitted tha..

Category: Business or Commercial Law | Date: | Hits: 289

AM Ziaul Hoque Vs. Government of the People's Republic of Bangladesh and others, 2004, 33 CLC (HCD)

.... this Court stands vacated. The application for vacating the order of stay is thus disposed of without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 389. ......id post of Marketing Manager, which post the petitioner was holding on Current Charge basis, and that the petitioner was given initially Current Charge of Marketing Manager, subject to regularisation according to the long exercised practice for promotion followed by Bangladesh Petroleum Corporation,......r Respondent Nos. 2‑4. Writ Petition No. 6403 of 2003. Judgment Shah Abu Nayeem Mominur Rahman J.- While considering the application for vacating the order of stay, it appeared to us that instead of disposing of the application for vacating the order of stay the Rule need be d......pondent No. 4 demoting the petitioner in the lower position of Manager, Technical and Special Project (MT & SP), evidenced by Annexure-F to the writ petition, should not be declared to be without lawful authority and of no legal effect. 3. Perused the writ petition, affidavit-in-opposit..

Category: Employment/Service Law | Date: | Hits: 66

Md. Turan Miah and others Vs. Anguri Bibi and others, 2010, 39 CLC (HCD)

....the above, we find no substance in the submissions of the learned Counsel for the appellants. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 100. ......B.S. and regarding his non-relinquishmcnt though the same has been recorded in the name of Majar Ali, the plaintiffs corrected the same in their favour by filing case before the Revenue Authority and accordingly, prayed for dismissal of the suit. 4. Leave was granted to consider the submissio......Assistant Judge, Temporary Additional Court, Sadar, Sylhet in Title Suit No.231 of 1992 dismissing the suit. 2. The facts involved in the case, in short, are that the suit land originally belonged to Dhan Bibi and Toyab Mia from whom Julfikar Ali and Majar Ali took jote settlement by executing ......nd in favour of the predecessor of the plaintiffs by a registered document and also admitting possession of the plaintiffs in the suit land for over twelve years, the High Court Division erred in law in interfering with the finding of facts of the Court of Appeal below that the plaintiffs filed ..

Category: Property Law | Date: | Hits: 74

Md. Nasrullah Chowdhury Vs. Mohammad Nurul Islam and others, 2010, 39 CLC (AD)

....it after deciding whether or not there was any consent of the parties to compromise the dispute. Accordingly the petition is disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 91....... Rahman. The name of Khalilur Rahman was rightly recorded in the R.S. khatian but in the column of 'Comment' wrongly the name of Abdul Hamid was recorded. The P.S. khatian was also prepared wrongly according to R.S. Khatian. But in the B.S. khatian the said mistake was corrected. The defendants ha......-Record- For the Petitioner. Mahbuhey Alam, Senior Advocate instructed by Haridas Paul, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-24. Civil Petition for Leave to Appeal No. 53 of 2010. (From the judgment and order dated 26.08.2009 passed by the High Court ...... constituted attorney of the defendant No.1. On 18.05.2005 the plaintiffs by managing the CID of police, Chittagong called on the defendant No.1, the father of the constituted attorney and the son-in-law of the defendant No.1 in the office of CID where in presence of the plaintiff Nasrullah Chowdhur..

Category: Property Law | Date: | Hits: 65

Shrimp and Fish Processing Plant Ltd and another Vs. Bangladesh Bank, Dhaka and others, 2006, 35 CLC (HCD)

.... In the result, the Rule is discharged without any order as to costs and the order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 58 DLR (2006) 517. ...... In the result, the Rule is discharged without any order as to costs and the order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 58 DLR (2006) 517. ...... Plant Ltd and another……………..Petitioners Vs. Bangladesh Bank, Dhaka and others…………………………………..Respondents. Judgment February 23, 2006. Cases Referred to- Stadmax Ltd. Vs. Bangladesh Bank, 50 DLR 594; Paul and Co. Narayanganj Vs. Bangladesh Bank &......and circulated by the Credit Information Bureau of Bangladesh Bank under reference No. CIB 3(7)/2002-13935 dated 4-11-2002 (reproduced in paragraph 7) should not be declared to have been made without lawful authority and to be of no legal effect and/or such other or further order or orders passed as..

Category: Business or Commercial Law | Date: | Hits: 251

Dr. Md. Abu Obaidah Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)

.... the learned Advocate for the applicant. Thus, question Nos. (iii) and (iv) are also decided in the affirmative in favour of the Department. Ed. This Case is also Reported in : 58 DLR (2006) 515.......director of 2 companies, submitted a return for the assessment year 1994-1995. The assessee claimed exemption of Taka 72,000 on account of house rent allowances drawn from Sonear Laboratories Limited according to the provision of Rule 33(1) of the Income Tax Rules, 1984. The Deputy Commissioner of T...... Nos. (iii) and (iv) are also decided in the affirmative in favour of the Department. Ed. This Case is also Reported in : 58 DLR (2006) 515.......s were not taken in the first appeal and, as such, it was turned down by the Appellate Tribunal. 3. In the aforesaid facts and circumstances, the assessee has formulated the following questions of law which were set to arise from the order dated 2-6-1998 passed by the Taxes Appellate Tribunal: ..

Category: Fiscal/Taxation Law | Date: | Hits: 91

Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....emedy is not efficacious or adequate; and where the wrong complained of is so inextricably mixed up that the High Court Division may, for the prevention of public injury and the vindication of public justice, examine that complaint. In the present case, the alternative remedy is not equally efficaci......ourt claiming the ownership of the vessel but without doing so he filed the writ petition which is not maintainable in law. It is also stated that all crews confessed their guilt before the Court and accordingly, the learned Magistrate passed an order of conviction and sentence on 6-12-2000. The cor......Huang Chia Hsiang………………………………………….Petitioner Vs. Government of Bangladesh and others………….Respondents. Judgment December 12, 2005. Cases Referred to- Dhaka Warehouse Ltd. Vs. Assistant Collector of Customs and others, 1991 BLD (AD) 227; Tapas...... and 22 of the Marine Fisheries Ordinance, 1983 corresponding to GR No. 1003/2000B/633/2000 confiscating the vessel FV Shin Fa Chern # 20 (Annexure-H) should not be declared to have been made without lawful authority and to be of no legal effect and/or such other or further order or orders passed as..

Category: Admiralty Law or Maritime Law | Date: | Hits: 221

Abul Khair and others Vs. State, 2006, 35 CLC (HCD)

....he date of receipt of this judgment and order by the trial Court. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 500, 26 BLD (HCD) (2006) 467. ......four appeals are allowed. The impugned judgment and order of conviction and sentence are set aside. The case is sent back on remand to the trial Court to hold a fresh trial in accordance with law and accordingly, the trial Court is directed to conclude the trial as early as possible preferably withi......�………………………………..Appellants Vs. State………………………………………………………………..Respondent. Judgment August 1, 2006. Cases Referred to- Md. Mosaddar Hague and another Vs. State, 10 DLR (SC) 29; Md. Abdul Bari Molla Vs. State, 19......ed shall be deemed to be a charge of one offence within the meaning of section 234: Provided that the time included between the first and last of such dates shall not exceed one year." If the law is explained we find that an allegation of criminal breach of trust involving dishonest misappro..

Category: Criminal Law | Date: | Hits: 53

Shawkat Ali (Md.) and others Vs. Divisional Forest Officer and others, 2006, 35 CLC (HCD)

....ntion of the Rules of 1998 and, as such, no renewal of the said licence was granted to the petitioner. The petitioner was given sufficient opportunity to defend himself and the requirement of natural justice was followed by the respondents before issuance of the impugned order. The petitioner has ne......he impugned orders have been issued as per provisions of Rule 8(1) of the aforesaid Rules of 1998 to protect the smuggling of timbers and forest produces from across the international land border and accordingly, uniform Rules have been promulgated for the whole territory of the Republic for the gre......id Ahmed J Shawkat Ali (Md.) and others……………………Petitioners Vs. Divisional Forest Officer and others………..Respondents. Judgment February 16, 2006. Cases Referred to- Jibendra Kishore Vs. East Pakistan, 9 DLR (SC) 21; Oali Ahad Vs. Government of Bangladesh, 2...... 1763, 1950, 1949, 1950, 1949, 1346, 1181, 1182, 1183, 1319, 1347 and 1348 of 2000 calling upon the respondents to show cause as to why impugned orders shall not be declared to have been made without lawful authority and to be of no legal effect and why Rule 8(1) of Rules, 1998 shall not be declared..

Category: Environmental Law | Date: | Hits: 551

Ashique Jeans Apparels Ltd and another Vs. National Board of Revenue and another, 2005, 34 CLC (HCD)

.... section 46 is to encourage more new undertakings to be established. However, there will be no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 478, 26 BLD (HCD) (2006) 324. ......eafter, on the application of the petitioner company the NBR arranged hearing for the petitioner before the 3- member review committee on 5-2-2001 which maintained the earlier orders of rejection and accordingly, informed the decision to the petitioner by letter dated 4-4-2001. Thus, on compliance o......l Hafiz J Ashique Jeans Apparels Ltd and another…………..Petitioners Vs. National Board of Revenue and another... ……….Respondents. Judgment April 13, 2005. Cases Referred to- Commissioner of Income Tax, Bombay City 1 Vs. Asbestos, Magnesia & Friction Materials Lt......2) Anu; 1/2000/2653), File No.11(302) Anu: 1/2000/571 dated 4-4-2001 (Annexure-B) and File No.11(302) Anu: 1/2000/933 dated 31-5-2001 (Annexure-B 1) should not be declared to have been issued without lawful authority and are of no legal effect and why respondent Nos. 1-2 should not be directed to wi..

Category: Fiscal/Taxation Law | Date: | Hits: 93

Abdur Rahim Chowkider @ Abdur Rahman Sheikh Vs. Raji Haider and others, 2006, 35 CLC (HCD)

....ual physical possession, both the Courts below erred in law in decreeing the suit without taking into consideration of long possession of defendant No. 1 in the suit land, which occasioned failure of justice. 17. He submits that finding by the Courts below that defendant No. 2 was a 'Benamdar' of...... decree affirming those of trial Court decreeing the suit are hereby set aside and the suit is dismissed. Send down the record at once. Ed. This Case is also Reported in: 58 DLR (2006) 470. ...... Chowkider @ Abdur Rahman Sheikh since deceased……………… Petitioner Vs. Raji Haider and others…………………….Opposite Parties. Judgment June 28, 2006. Cases Referred to- 34 DLR (AD) 61; 49 DLR (AD) 73; 6 MLR 199. Lawyers Involved: Syed Mofizur Rahman for A......rected and mutated in the name of Hashem Ali, father of defendant No. 1 by order dated 14-1-1988 passed in case No. 9P/87-88 on the basis of actual physical possession, both the Courts below erred in law in decreeing the suit without taking into consideration of long possession of defendant No. 1 in..

Category: Property Law | Date: | Hits: 79

Abu Musa Kutub (Md.) Vs. Secretary, Election Commission and others, 2005, 34 CLC (HCD)

.... is discharged. The interim order passed at the time of issuance of the Rule, is herby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 450. ....... 11. The petitioner also states at para 5 of the Writ Petition that the date of birth of respondent No.6 is 1-1-1978 as it appears from the voter list. The voter list has not been filed. However, according to the own assertion of the petitioner we find two different dates of birth of respondent ......usa Kutub (Md.) …………………………………………..Petitioner Vs. Secretary, Election Commission and others ……….Respondents. Judgment July 18, 2005. Cases Referred to- Abid Hashem (Bulbul) Vs. Mobarak Uddin Mahmud, 34 DLR 145; Mohammad Hashem Vs. Safdar, ILR 1......ction, 2004 of No.4, Kaiyerbil Union Parishad, Kutubdia, Cox's Bazar in violation of section 7(1) (b) of the Union Parishad Ordinance, 1983 (LI of 1983) should not be declared illegal and without any lawful authority and/or such other or further order or orders passed as to this Court may seem lit a..

Category: Election Law | Date: | Hits: 87

Bangladesh Paribesh Andolan and another Vs. Bangladesh, represented by the Secretary, Ministry of Works and others, 2004, 33 CLC (HCD)

.... Let a copy of this judgment be communicated to the respondents to take necessary steps in the light of our judgment, in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 441.......struction of the residences of the Speaker and Deputy Speaker, which has been referred to as the 'impugned project', within the National Assembly Area in violation of Louis Kahn's plan of 1973. Thus, according to the petitioners, irreparable damage has been caused to the form and beauty of the compo......d another……………..Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Works and others.................... Respondents. Judgment June 21, 2004. Cases Referred to- Messrs Kasturi Lal Lakshmi Reddy, etc. Vs. State of Jammu & Kashmir and another, AIR 198......ker within the National Assembly Area in violation of the original plan and the Building Construction Act, 1952 and the gradual disfiguring of the Jatio Sangshad Bhaban area by allowing illegal and unlawful construction works. 2. The facts of the case are as follows: In June 1959 the Central ..

Category: Environmental Law | Date: | Hits: 484

Wally Ahmed alias Babi Vs. State, 2005, 34 CLC (HCD)

....t. With this regards he submits that such observation is absolutely an erroneous one of the learned Judge by which he evidently fell in error in coming to his ultimate decision occasioning failure of justice. 11. Mr. Md. Ibrahim Khalil, the learned Assistant Attorney-General appearing on behalf o......s admitted in Combined Military Hospital (CMH) 2/3 times and even on the date of occurrence he was under the treatment of Psychiatrist in CMH and he was suffering from manic depressive psychosis. So, according to him, the appellant had been suffering from insanity at the time of occurrence and the o......, 2005. Result: The appeal is allowed. Fundamental principle of criminal jurisdiction It is also the fundamental principle of criminal jurisdiction that it is always for the prosecution to prove the charge against the accused beyond reasonable doubt and this onus on the prosecution nev......the appellant, supports the appeal and strenuously submits that at the time of occurrence due to unsoundness of mind he was incapable of understanding the nature of the act or what he was doing was unlawful or wrong. The appellant was under the spell of mental unbalance and not capable of understand..

Category: Criminal Law | Date: | Hits: 70

Nazrul Islam (Md.) and another Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....everal representations stating the cause which prevented him from performing his part of the contract. 3. Finding no other alternative, the petitioners served notice upon the respondents demanding justice. Though the notice was served upon the respondents, but no action was taken. 4. Responden...... under Expansion and Modernisation Project of Rural Development Academy, Bogra. The petitioner and other bidders submitted tender accompanied by earnest money amounting to Taka 2.50 lac as Bank Draft according to the condition given in the tender notice. After acceptance of the petitioner's quoted r......��……………………………….Petitioners Vs. Government of Bangladesh and others……………………………………..Respondents. Judgment June 26, 2005. Case Referred to- Bangladesh Power Development Board and others Vs. Md. Asaduzzaman Sikder 9 BLC (AD) 1. L......cultural Products Processing and Refrigerated Storage Equipment under Expansion and Modernisation Project of Rural Development Academy Farm, Bogra should not be declared to have been made without any lawful authority. 2. The facts necessary for the disposal of the Rule are: Respondent No. 4 float..

Category: Business or Commercial Law | Date: | Hits: 186

Solaman Vs. State, 2005, 34 CLC (HCD)

....etitioner is liable to be set aside. Furthermore, the accused-petitioner have gone thorough the motion of a full scale trial and that the trial itself was without jurisdiction and will be an act of injustice if he is required again to go for a fresh trial and, as such, for the ends of justice we ref....... 236 of 1999 is hereby set aside. The accused-petitioner be set at liberty if not wanted in any other case. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 429. ......�…………………………………………..Petitioner Vs. State ………………………………………………….Opposite Party Judgment March 21, 2005. Cases Referred to- Ashrafuddin Ahmed Vs. State, 16 DLR 223, Malu and others, 30 DLR 421, Osman and others, Rata......d in the case of Ashrafuddin Ahmed Vs. State reported in 16 DLR 223 that omission to draw attention to the accused under section 342 of the Code of Criminal Procedure vitiates the trial and, as such, law demands re-trial of the case, but we have already found that the whole trial is without jurisdic..

Category: Criminal Law | Date: | Hits: 53

Sk Md. Tariqul Alam and another Vs. ATM Matiul Islam, 2006, 35 CLC (HCD)

....ch must be sanctioned under present circumstances. The legislature has conferred the power to condone delay by enacting section 5 of the Limitation Act in order to enable the Courts to do substantial justice by disposing of the matter on merit. 27. The cited decisions referred to above by the opp......lt, the Rule is made absolute without any order as to cost and the delay of 285 days in filing the revisional application is hereby condoned. Ed. This Case is also Reported in: 58 DLR (2006) 425....... Md. Tariqul Alam and another…………………Petitioners Vs. ATM Matiul Islam…………………………………………Opposite Party. Judgment April 4, 2006. Cases Referred to- Additional Deputy Commissioner (Rev.) and Assistant Custodian, Vested Property Vs. Md. Abdul......s of his property. 7. It is further stated that the plaintiff's wife Mrs. Hosneara Begum was not aware of the fate of the appeal and she was recently informed about the fate of the appeal from his lawyer. Thereafter, she communicated the matter to the brother of the deceased Sk. Md. Tariqul Alam ..

Category: Procedural Law | Date: | Hits: 116

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