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....d Khan...........Respondent
Judgment
February 14, 1978.
Lawyers Involved:
AKM Mozammel Huq Bhuiya, Advocate, instructed by S.S. Hoda, Advocate-on-record - For the Appellants.
Ex parte - the Respondent.
Civil Appeal No. 54-D of 1967
From the Judgment and Order dated 24-3...... demand by an order dated 27-6-64 under section 23(b) of the Income Tax Act and Martial Law Regulations 43 and 48. The Respondent protested to this demand, but he was made to pay Rs. 21,542/- in part payment of the provisional demand, which amounted to Rs. 34,572/-. Having failed to obtain redress f......the High Court and restore that of the Income Tax authority. As there is no appearance on the other side we make no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 48. ..
Category: Fiscal/Taxation Law | Date: | Hits: 78
Md. Abdur Razzaque Vs. Chief Election Commissioner, 2006, 35 CLC (AD)
....ter, there is no substance in the submission of the learned Counsel for petitioner. The petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 416. ......deposited the loan amount to the authority concerned and thereby ceased to be a defaulter but on scrutiny by the returning officer, his nomination paper was found invalid on account of defaulter in payment of loan. An appeal, therefrom, was also dismissed. That the petitioner thereafter moved the...... 2. On the basis of notification for holding by-election to the post of Chairman, the petitioner along with others filed nomination paper on 1.1.2003. On 2.1.2003 the petitioner deposited the loan amount to the authority concerned and thereby ceased to be a defaulter but on scrutiny by the ..Category: Election Law | Date: | Hits: 116
Jashimuddin & other Vs. State, 2006, 35 CLC (AD)
....o his house and enquired about the whereabouts of Zaved and Sohel at their house. The informant apprised the police of Hathazari Police Station of the occurrence. Negotiations between the informant party and the accused party continued over the demand of the ransom money over telephone. At one s......een the informant party and the accused party continued over the demand of the ransom money over telephone. At one stage the negotiations between the informant party and the accused party over the payment of the ransom money were tape recorded in two audio cassettes. Ultimately on 04.12.1996 the......sion upon correct assessment of the materials on record arrived at a correct decision and we find no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 36
Md. Alimuzzaman Khan Vs. Mohammad Golam Kibria, 2006, 35 CLC (AD)
....s petition for leave to appeal is directed against the judgment and order dated 29.08.2003 passed by a Division Bench of the High Court Division in First Appeal No.9 of 1993 allowing the appeal in part. 2. The plaintiff instituted Money Suit No.70 of 1990 in the 3rd Court of the Subordi......aterials on record arrived at a correct decision. We find no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. ......aterials on record arrived at a correct decision. We find no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 82
Sree Hare Krishna Das Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....inding of the learned Member of the Administrative Tribunal that the A.T.Case No.93/92 filed by the petitioner was premature and not maintainable appears to be erroneous. 6. Before we part with the discussion, it will be pertinent to mention in this connection that before the petiti......ring the review petition filed by the petitioner, rejected the same. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. ......ring the review petition filed by the petitioner, rejected the same. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. ..Category: Administrative Law | Date: | Hits: 92
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
....87. Chapala Sundari Devi vs. Wahed Ali and others 11 DLR, 376. Lawyers Involved: Jainal Abedin, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record- For the Appellants. Ex parte- the Respondent. Civil Appeal No.72 of 2000. (From the Judgment an......arada Prashad Roy Chowdhury and others and that he took settlement of 19.29 acres of land on 12th Poush, 1336 B.S. and that later on he took settlement of the aforesaid land on 7th Magh, 1336 B.S. on payment of proper salami and possession was delivered to him, that he is enjoying the land but bec...... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ..Category: Property Law | Date: | Hits: 38
Azizullah @ Azizur Rahman Vs. Abu Taher Chowdhury and others, 2006, 35 CLC (AD)
....by judgment and order dated 9-3-1997. Against the aforesaid judgment and order of the High Court Division, petitioner filed civil petition for leave to Appeal No. 1030 of 1997 and upon hearing the parties this Division dismissed the leave-petition by judgment and order dated 13-8-2001. Now, the ......fication deeds dated 27-4-1974 and 29-4-1974. One Haran Chandra was in possession of 'Ga' schedule land as bharatia under the vendors of the plaintiff-respondent. Haran Chandra having defaulted in payment of rent, Haran Chandra abandoned and surrendered the suit land in favour of the plaintiff. ......e Supreme Court of Bangladesh (Appellate Division) Rules 1988 and therefore is not maintainable. Consequently, the Review Petition merits no consideration and accordingly it is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 71
Badsha Miah (Md) Vs. Sonali Bank and others, 2006, 35 CLC (AD)
....Article 27 of the Constitution. 5. The respondents contested the case by taking a plea of limitation and principle of estoppel. 6. The Administrative Tribunal upon hearing the parties allowed the case of the appellant by its judgment and order dated 20-11-1997 holding that t......cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ......cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ..Category: Administrative Law | Date: | Hits: 103
Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)
....er in the then PCSIR he got a scholarship and went to England for higher studies leading to PhD, that while he completed his MS in England, the liberation war of Bangladesh started and he actively participated in the liberation movement as the President of the Students Action Committee in the Un......t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ......t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 69
Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)
....n sought against the other document i.e. Heba-bil-ewaz deed made in favour of Rahela, daughter of Rativan Bibi. The trial Court also held that the suit was not maintainable since plaintiff being a party to the document did not pray for cancellation of the same but filed the suit seeking merely d......the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ......the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 30
Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)
....ing the learned trial Judge that if there is any possibility or if there is any evidence by which a further investigation is required, the trial Judge can exercise his such power to ensure an impartial trial for a fair justice." 30. In view of the aforesaid observations ......g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ......g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ..Category: Criminal Law | Date: | Hits: 43
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....on of the fundamental rights of the petitioners. 3. All the above writ petitions were filed in the form of public interest litigations by women leaders, social workers and leaders of the political parties and certain other members of the civil society with important public image who have been adv......t has not been expressly stated in the statute it is clear from the nature of duties and responsibilities of the persons constituting these local bodies. It is a common knowledge that for non-payment of loans taken from State-owned banks, the national economy has been badly affected. One o......een expressly stated in the statute it is clear from the nature of duties and responsibilities of the persons constituting these local bodies. It is a common knowledge that for non-payment of loans taken from State-owned banks, the national economy has been badly affected. One of the funct..Category: Constitutional Law | Date: | Hits: 221
Majid Sheikh alias Majid and others Vs. State, 2006, 35 CLC (AD)
....eferred Criminal Appeal No. 1819 of 1994 and a Division Bench of the High Court Division by the impugned judgment and order dismissed the appeal of the present appellants while allowed the same in part so far as the appeal related to accused Ayub Ali and Rabi Sheikh, thereby acquitting them of t......if not wanted in any other connection. The appeal so far as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ......if not wanted in any other connection. The appeal so far as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 36
Abdul Kashem Vs. Amirun Nahar and others, 2006, 35 CLC (AD)
....d that there was no legal bar in allowing preemption in her favour. The pre-emptee petitioner contested the case stating, inter alia, that the case was not maintainable and it was bad for defect of parties and also was barred by limitation. His further case was that he was co-sharer in the case ...... view of the discussion made above, the petition is found to be without merit. The petition is, therefore, dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ...... view of the discussion made above, the petition is found to be without merit. The petition is, therefore, dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ..Category: Property Law | Date: | Hits: 38
Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)
.... It was the case of the contesting defendants that Abdur Rashid 5 years before his death became paralysed, that defendant No.1 used to look after him, that through the men of his party the plaintiff has brought into existence the document in question, that de......eed. It may be mentioned PW 3 is the brother-in-law of the plaintiff and PW 4 is the full brother of the plaintiff. PW 5 deposed that he was present at the time of execution of the deed and he saw payment of consideration money, evidence of PW 6 is hearsay evidence as to sale of the land by Abdu......nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ..Category: Property Law | Date: | Hits: 26
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....p; act in due compliance of the law and the Rules. 13. The provision in section 7(7) of the Ordinance providing for preparation of an electoral roll 'afresh' by the Commission is limited to particular or specific electoral area or constituency in the state of the matters as are therein an......) in the manner prescribed and the electoral roll so maintained shall be available for public inspection and that copy of said electoral roll would be available to a person when applies therefor on payment of prescribed fees. Sub-section 7 of section 7 of the Ordinance provides for cancellat......on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ..Category: Election Law | Date: | Hits: 159
Ashequr Rahman (Md) Vs. Bangladesh Agricultural Research Institute, 2006, 35 CLC (AD)
....n the show cause notice it was mentioned that in case of his failure to reply to the show cause notice and to communicate as to whether he would like to be heard the matter would be disposed of ex parte. 3. The appellant replied to the show cause notice asserting that whatever he did the ...... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ...... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 92
Aynul Sheikh and others Vs. State, 2006, 35 CLC (AD)
....ances it appears to us that accused Aynul Sheikh was privy to the offence of murder of the victim Abdul Gafur Sheikh. There is no evidence of any conspiracy or preplan or premeditation on the part of the two appellants or it could be proved that they inflicted any injuries upon the deceased......Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ......Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ..Category: Criminal Law | Date: | Hits: 42
AKM Shamsuddin alias Kalam Doctor and other Vs. State, 2006, 35 CLC (AD)
....ave perused the impugned judgment and order of the High Court Division and on the reasons stated above we do not find any error therein. The criminal petition is therefore dismissed. Ed. ......rned affected by the alleged offences and, as such, the proceeding is not maintainable, but the High Court Division committed error in the decision in not taking into consideration of the aforesaid payment illegality in the proceedings. 4. We have considered the submissions made by the le......ave perused the impugned judgment and order of the High Court Division and on the reasons stated above we do not find any error therein. The criminal petition is therefore dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 46
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
....company in the form of "land and building" as item No.l but the property at Paribagh has not been included therein. Such omission is contrary to the contract for sale entered into by the parties and the petitioner is not legally bound by such malafide and illegal omission at the instan......one lac) was the highest and by a letter of intent dated 23-7-76 issued by the Chairman, Working Group of Disinvestment, the offer of the said defendant was accepted unconditionally and thereafter payment of 20% of the quoted price was completed by the said defendant by making further payment of...... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 93
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