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Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 2008, 37 CLC (AD)

....nd the State, between Capita­lism and Socialism between Materialism and Spirituality. 53. Now the question is, whether zakat is obligatory on the bank, a juridical person? Moulana Mohammad Abdur Rahim has left behind the translation of "Fiqhuz-Zakat" written by Allama ......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. ......bsp;            Md. Abdul Matin J    Islami Bank Bangladesh Ltd..............Petitioner (In all petitions) Vs. Commissioner of Taxes, Companies Circle-19...............Respondent (In all petitions) ......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. ..

Category: Fiscal/Taxation Law | Date: | Hits: 145

Azizullah (Md) and others Vs. State and others, 2009, 38 CLC (AD)

....ul Abedin J Azizullah (Md) and others.................Appellants Vs. State and others..............................Respondents Judgment January 14, 2009. Lawyers Involved: AJ Mohammad Ali, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For the Appel­lants......session of Holding No.59/1 Purana Paltan to the respondent No.4 is set aside. There will be no order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 142, 16 MLR (AD) (2011) 117....... Appellate Division (Criminal) Present: MM Ruhul Amin CJ Md. Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Azizullah (Md) and others.................Appellants Vs. State and others..............................Respondents Judgment January 14, 2009. ......session of Holding No.59/1 Purana Paltan to the respondent No.4 is set aside. There will be no order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 142, 16 MLR (AD) (2011) 117...

Category: Criminal Law | Date: | Hits: 62

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. ......BLR 307 (FB). Bhuaban Mohan Das Vs Surendra Mohan Das AIR 1951 Cal. 69 Velji Raghavji Patel Vs State of Maharashtra AIR 1956 (SC) 1433 Abdul Gafur Vs Dr D Ahmed, 3 DLR 449, State Vs Syed Imtiaz Uddin Hossain 17 DLR 382, Nasiruddin Mahmud and others Vs Mamtazuddin and another, 36 DLR (AD) 14, Syed Al......ffidavit of the complainant and considered the submissions of the learned advocates of the parties. 7. Before enter into the merits of the case we would like to refer the case of Dr. S. Ashraf Ali Vs. Md. Ahsan Habib and another reported in 56 DLR 169 wherein their Lordships categorically stated ......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

Md. Ekram Hossain Bhuiyan Vs. Matiar Rahman Bhuiyan and others, 2008, 37 CLC (HCD)

....pposite party No. 1 is dismissed. Let a copy of the judgment along with LC records be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 201; 14 MLR (HCD) (2009) 175. ......n at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 201; 14 MLR (HCD) (2009) 175. ......pposite party No. 1 is dismissed. Let a copy of the judgment along with LC records be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 201; 14 MLR (HCD) (2009) 175. ......pposite party No. 1 is dismissed. Let a copy of the judgment along with LC records be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 201; 14 MLR (HCD) (2009) 175. ..

Category: Property Law | Date: | Hits: 37

Muzaidul Islam Vs. Bangladesh, 2009, 38 CLC (HCD)

....;                   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: ......on) 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 Secretari...... 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 1000 and others......... Respon..

Category: Constitutional Law | Date: | Hits: 132

S.M. Zakir Hossain Vs. Bangladesh, 2009, CLC (HCD)

....sp;   Education, Bangladesh Secretariat, Ramna, Dhaka and others……….Respondents. Judgment August 26, 2009. Lawyers Involved: Mostafa Niaz Mohammad, with Ms. Jubaida Gulshan Ara, and Md. Humayun Bashar, Advocate- For the Petitioner. ......also Reported in:  ......ir Hashmat Ali J Md. Nuruzzaman J 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 &nb......on 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, Ramna, Dhaka and others&..

Category: Constitutional Law | Date: | Hits: 121

Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)

....hese petitions are accordingly disposed of. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 79, VII ADC (2010) 721. ......Bangladesh represented by the Secretary, Ministry of Justice and Parliamentary Affairs and others ............Petitioners (In Civil Petition Nos. 2221 & 2222 of 2008) Justice Syed Md. Dastagir Hossain and others............Petitioners (In Civil Petition Nos. 2046 & 2056 of 2008) Vs. ......ers ............Petitioners (In Civil Petition Nos. 2221 & 2222 of 2008) Justice Syed Md. Dastagir Hossain and others............Petitioners (In Civil Petition Nos. 2046 & 2056 of 2008) Vs. Md. Idrisur Rahman, Advocate and others ........Respondents (In Civil Petition No. 2221 of 20....... ..

Category: Constitutional Law | Date: | Hits: 251

M/S. Classic Fashion Limited Vs. Mrs. Asrafunnessa Dana and another, 2009, 38 CLC (AD)

....m 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: ......late Division Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J M/S. Classic Fashion Limited.….....Petitioner Vs. Mrs. Asrafunnessa Dana and another……....Respondents Judgment ...... 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

Md. Yakub Ali Vs. Nazir Ahmed and others, 2009, 38 CLC (AD)

....ocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......he above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......llate Division Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Yakub Ali…………….Petitioner Vs. Nazir Ahmed and others.......Respondents Judgment January 18, 2009. ......he above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 29

Md. Sadequl Alam Vs. Md. Mofizul Haque (Jalal) and others, 2009, 38 CLC (AD)

....tioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... of the above, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Sadequl Alam……………..Petitioner Vs. Md. Mofizul Haque (Jalal) and others……..Respondents Judgement ...... of the above, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 27

Golam Mostafa and others Vs. Government of the People’s Republic of Bangladesh, 2007, 36 CLC (AD)

....smissed without any order as to cost. Ed. This Case is also Reported in:   ......ent February 27, 2007. Lawyers Involved: Mohammad Ozair Farooq, Senior Advocate, instructed by Mr.Mohammad Nawab Ali, Advocate-on-Record-For the Petitioners. Md. Aftab Hossain, Advocate-on-Record- For Respondent Nos.11 & 12. Not represented- Respondent Nos......l Karim J Amirul Kabir Chowdhury J Md. Joynul 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 Mi......afa 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 Judgement February..

Category: Property Law | Date: | Hits: 25

Md. Lukman Vs. Rustom Khan and others, 2008, 37 CLC (AD)

....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: ...... Appellate Division Present: Mohammad Fazlul Karim J Md. Hassan Ameen J Md. Lukman……………………...Petitioner. Vs. Rustom Khan and others………...Respondents. Judgement Ju...... 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)

.... learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ...... Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J Md. Abdul Aziz J BK Das J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Special Reference No.1 of 2009 Date of hearing: 25.08.2......ar Sinha J Special Reference No.1 of 2009 Date of hearing: 25.08.2009 to 27.08.2009 and 01.09.2009 to 03.09.2009. Cases Referred to- 47 DLR (AD) 111; A. Hannan 40 DLR 273, Bar Council Vs. Surjeet Singh AIR 1980 SC 1612, Waddington Vs. Mia (1974) 2 A.E.R. 377; 7 BLC (AD) 73, Narasappa......mmercial Bank Ltd. Vs. Rahimafrooz Batteries Ltd. 7 BLC (AD) 2002 page 73; State of M.P. V. Tikamdas, AIR 1975 SC page 1429; Abdul Mannan Bhuiyan V. State, 60 DLR (AD) 49; R V. Sussex Justices, 1924; Secretary of State for the Home Department (Respondent) V. AF (Appellant) (2009) UKHL 28, Ex parte M..

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. ...... Cases Referred To- 28 DLR (AD) 5; 20 DLR 80; 33 DLR (AD) 113. Lawyers Involved: Abu Bakkar Siddique, Advocate (Appeared with leave of the Court) instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioners. Not represented—the Respondents......vision (Civil) Present: Md. Fazlul Karim J Md. Joynul Abedin J SAN Mominur Rahman J Janab Ali (Md.) and another..........................Petitioners Vs. Salema Khatun and others...........................Respondents Judgment Ma......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

State Vs. Lal Miah@ Abdul Bari, 2009, 38 CLC (AD)

....iew of the matter, we find no cogent ground for our interference. Accordingly, all the petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 706. ......f 2007) Raju and another…………….Respondent (In Criminal Petition No. 273 of 2007) Judgment March 12, 2009. Lawyers Involved: Akram Hossain Chowdhury, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Pe......Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J The State……………………..............Petitioner (In all the Cases) Vs. Lal Miah@ Abdul Bari…….........Respondents (In Criminal Petition No. 270 o......iew of the matter, we find no cogent ground for our interference. Accordingly, all the petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 706. ..

Category: Criminal Law | Date: | Hits: 53

Shamsu Meah and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)

.... (Civil) Present: M.M.Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Aziz J Shamsu Meah and others……...........Petitioner (In No. 431 of 2005) Mohammad Hafizur Rahman……….....Petitioner (In Civil Petition No. 432 of 2005) ......ng, Dhaka and others.......Respondents (In all the cases). Judgment June 21, 2009. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioners (In all cases) Md. Ferozur Rahman, Advocate-o......Bithi)...................Petitioner (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 Publi......41 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 Building, Dhaka and others.......Respo..

Category: Property Law | Date: | Hits: 34

Md. Abu Sufian and others Vs. Ferdoshi Begum and others, 2009, 38 CLC (AD)

.... petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 698. ......nd no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 698. ......n CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Abu Sufian and others............................Petitioners Vs. Ferdoshi Begum and others…...................... Respondents Judgment ......nd no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 698. ..

Category: Business or Commercial Law | Date: | Hits: 199

Saleh Ahmed and others Vs. Amena Bewa and others, 2008, 37 CLC (AD)

....to inherent power of the court for rejecting plaint. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 695. ......eir name and they paid rent. After their death the other daughters Fatematuzzohra and Shakina Bewa respectively inherited the suit property. They made an oral gift on 16.09.1986 in favour of Delwar Hossain and others who transferred the same by a deed of relinquishment dated 18.09.1986 in favour......t: MM Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Saleh Ahmed and others……………………......Petitioners Vs. Amena Bewa and others…………….........Respondents ......to inherent power of the court for rejecting plaint. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 695. ..

Category: Civil Law | Date: | Hits: 94

Bashudev Ghosh & ors Vs. Iswar Sree Sree Bashudev Shalgram Shola Jew Bigrah & ors, 2009, 38 CLC (AD)

....2008 and civil petition for leave to Appeal No. 879 of 2008 are dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 680. ...... Sree Bashudev Shalgram Shola Jew Bigrah and others…........Respondents (In both the cases) Judgment May 31, 2009. Lawyers Involved: T.H. Khan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioners (In both the cases) Mahmudul Islam, Senior Advoca......ion (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Bashudev Ghosh and others…................... Petitioners (In both the cases) Vs. Iswar Sree Sree Bashudev Shalgram Shola Jew Bigrah and others…........Respondents (In both ...... petitions being Civil Petition for leave to Appeal No. 878 of 2008 and civil petition for leave to Appeal No. 879 of 2008 are dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 680. ..

Category: Tenancy Law | Date: | Hits: 145

Sonali Bank Vs. Artha Rin Adalat, Narayangonj and others, 2009, 38 CLC (AD)

....dingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 686, 62 DLR (AD) (2010) 231.......e impugned judgment passed by the High Court Division. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 686, 62 DLR (AD) (2010) 231.......llate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Sonali Bank, Shilpa Bhaban Corporate Branch, Dhaka……..Petitioner Vs. Artha Rin Adalat, Narayangonj and others……........Respondents Judgment April 12, 2......e impugned judgment passed by the High Court Division. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 686, 62 DLR (AD) (2010) 231...

Category: Banking Law | Date: | Hits: 373