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Durga Prasad Singh Hajari Vs. Commissioner of Taxes, Taxes Zone 3, Chittagong, 2007, 36 CLC (HCD)

....lated in the negative and in favor of the assessed and against the revenue. No cost. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 723; 13 MLR (HCD) (2008) 397. ......d accepted such claim. There is also no bar for members of the family of the assessed to file returns of income for assessment…………………………(30) Case Referred to- State Bank of India Vs. Ghamandi Ram, 1969 ASC 1230. Lawyers Involved Mosharaf Hossain and Tapan Kanti Das â..

Category: Fiscal/Taxation Law | Date: | Hits: 138

Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)

....wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ......d be cited to say that a MP is ever treated anywhere as a public servant. 43. In R S Nayak Vs. A R Antulay (1984) 2 SCC 183 - AIR 1984 SC 684 the question precisely was before the Supreme Court of India, whether or not a Member of Legislative Assembly was a public servant under the Prevention of ..

Category: Fiscal/Taxation Law | Date: | Hits: 246

Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)

....file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ......shed and was no longer in existence. 58. In AIR [1981] Calcutta 298 Konsumex Vs. Ananda and Co. and others it was held by the Calcutta High Court upon relying on a decision of the Supreme Court of India in East and West Steamship Co, Georgetown, Madras Vs. SK Ramalinga Chettiax, reported in AIR 1..

Category: Limitation Law | Date: | Hits: 174

Sahabuddin Vs. State, 2008, 37 CLC (HCD)

....be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 54. ......isfaction of a Magistrate who opined that the injured was in a fit state of mind at the time of making declaration. In Laxmi Vs. Om Prakash, (2001) 6 SCC 118 = 2001 SCC (Cri) 993, Supreme Court of India observed that the main test is the mental and physical fitness and capability of the declaring..

Category: Criminal Law | Date: | Hits: 85

Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)

....e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ......hered to and the words of a Statue must prima-facie be given its ordinary meaning…………………..(41) In absence of any definition or meaning of the words 'any goods' in the law itself the 'Indian currency' or any other 'foreign currency' will not come with the meaning of the words 'any go..

Category: Criminal Law | Date: | Hits: 84

State Vs. Md. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)

....pons in their hands. This evidence is sufficient to hold them liable for the offence under section 144 of the Penal Code, 1860……………………….(37) Cases Referred to- Mahbub Shah Vs. Emperor, AIR 1945 PC 118; Md. Chand Mia @ Chand Mia & others Vs. State, 1999 BLD (AD) 155. La......m alias Franch Alam (5) Jalil Mollah is allowed. The appellants therefore be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 672. ..

Category: Criminal Law | Date: | Hits: 110

Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)

.... be void. Let a copy of this judgment be communicated to the Election Commission to take necessary steps in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 655. ......ifice of Musalmans at the feet of Ma-­Kali and invoking that the Musalman Fatoabaj of this country will be drowned in the sea. It also alleged that the Petitioner was known as an agent of 'RAW', the India secret organisation. He was alleged to have made a clarion call to start a revolution unitedly..

Category: Election Law | Date: | Hits: 300

Md. Daud Nabi Alias Daud Vs. State, 2009, 38 CLC (HCD)

....r section 326 of the Penal Code cannot sustain in law………………….(22) Cases Referred to- Mauns Po Yi Vs. Ma E Tin and another, 24 AIR 1937 Rangoon 253; Mutukdhari Singh and others Vs. Emperor, AIR (29) 1942 Patna 376; Abdul Jalil Vs. The State, 4 MLR (AD) 262. Lawyers Involved: ...... set at liberty at once if not wanted in any other case. Send the lower Court's records along with a copy of this Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 45. ..

Category: Criminal Law | Date: | Hits: 91

Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)

.... Judgment complying with the principles of natural justice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ......ng sexual abuse/harassment and their evidence must be treated as direct and in our social condition the evidence of the victims cannot be brushed aside in the manner it has been done. Ahmedi J of the Indian Supreme Court in the case of State of Maharashtra Vs. Chandraprakash Kewalchand Jain, AIR 199..

Category: Employment/Service Law | Date: | Hits: 169

Jahirul Islam (Md.) Vs. Rokeya Begum and others, 2009, 38 CLC (HCD)

....of the rule stands vacated. Send down the lower Court record together with copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 225. ......ve­yance so as to pass on the title which resides in him to the plaintiff and this view is being followed in our Courts for a long time which is strengthened by the judgments of the Supreme Court of India". After going through the aforesaid judgment of our lordships in the Appellate Division, I fee..

Category: Civil Law | Date: | Hits: 153

Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)

....strict Magistrates, Dhaka, Chittagong and Khulna, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ......(SC) 249; Byrne Vs. Kinematograph Renters Society Ltd., 1958‑2 All ER 579; Wiseman Vs. Borneman, 1971 AC 297; Schmidt B Secy. of State for Home Affairs (1969) 2 Ch D 149; Maneka Gandhi Vs. Union of India, AIR 1978 SC 597; Abdul Latif Mirza Vs. Government of Bangladesh, 31 DLR (AD) 1; Bangladesh Sm..

Category: Criminal Law | Date: | Hits: 114

Muhibur Rahman Manik and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....ion of law. In the result, the Rules are discharged without any order as to cost. The orders of stay granted earlier are vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 636. ......ed under Article 27 of the Constitution. 5. Mr. Amirul Islam, in support of his argument, at first has taken us through the relevant section of the above Ain and thereafter cited two cases, one of Indian jurisdiction and another of our jurisdiction. First case cited by him is the case of State of..

Category: Criminal Law | Date: | Hits: 177

Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)

....udgment and the decree passed by the learned Court below. In view of above the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ...... fundamental premises that a cheque without customer's signature is not the customer's cheque at all, made the following observation, which observation was cited with approval by the Supreme Court of India in the case of Canara Bank Vs. Canara Sales' Corporation and others (AIR 1987 SC 1603); "But i..

Category: Criminal Law | Date: | Hits: 130

Reliant Commodities & Technologies Pte. Ltd. Vs. Bangladesh Chemical Industries Corporation, 2007, 36 CLC (HCD)

.... Orders previ­ously made in each of these cases by this Court are also accordingly maintained. 17. There are no orders as to costs. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 64. ...... and another…………………………………Respondents Judgment October 19, 20, 2007. Result: The Applications are allowed. Cases Referred to- Sundaram Finance Ltd. Vs. NEPC India Limited, (1999) 3 Comp LJ 205 (SC); Channel Tunnel Group Vs. Balfour Beatty Ltd., (1993) 1 All..

Category: Alternative Dispute Resolution | Date: | Hits: 589

Iftekhar Afzal and anothers Vs. Pubali Bank Limited and others, 1998, 27 CLC (HCD)

....lt, the Rules are discharged but without any order as to costs. The orders of stay passed by this Court in these Rules stand vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 623. ......sdiction under section 115 CPC is held to be barred under section 6 of the Artha Rin Adalat Act one can get relief under Article 109 of the Constitution. 26. To support his contention he cited two Indian decisions, the case of AIR 1993 Bombay‑1C wherein it has been held that revisional jur..

Category: Civil Law | Date: | Hits: 171

Islami Bank Bangladesh Ltd. & another Vs. Agrani Bank & others, 2010, 39 CLC (HCD)

....t. The impugned judgment and decree passed by the trial court is hereby affirmed.  Send down the L/C records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 150.  ......& others………………………Plaintiff-Respodents Judgment August 23, 2010. Result: The appeal is dismissed. Cases Referred to- Woodbrair Estate Ltd. Vs. Catholic Bank of India ltd., AIR 1958 Ker 316 (DB); Baker Vs. Barchy's Bank Ltd., 1935-2 All ER 571 (E); Bapulal Prem..

Category: Business or Commercial Law | Date: | Hits: 548

Motiur Rahman Bahadur Vs. Hemanta Kumar Shill, 2010, 39 CLC (HCD)

....ent and part decree passed by the Subordinate Judge 2nd Court, Pirojpur, is maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 180. ......view she annually arranges religious ceremonies, namely, feasts for Brahmins and relatives; organizing kirtan, congregations for recitationsfrom Chandi and Ramayana. Apart from that she used to go to India to pay occasional visits to Gaya, Kashi and other holy places for praying in aid the blessings..

Category: Property Law | Date: | Hits: 107

Junnur Rahman (Md.) Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1997, 26 CLC (HCD)

....t that could also be considered by the Administrative Tribunal. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 39. ......tion of its officers and employees and to assess their merit by the promotion committee for promotion. 14. In the case of Ajoy Hasia Vs. Khaled Mujib reported in AIR 1981 (SC) 487 Supreme Court of India did not find fault with the interview system for selection of candidates for admission to the ..

Category: Employment/Service Law | Date: | Hits: 194

Signage Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)

.... no legal effect. And the rule issued in relation to the allocation of fixation of a separate service code is hereby dis­charged. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 137. ......nd print media (i.e. television, newspa­per and the like) wherein advertisements are flashed, displayed or exhibited are not advertising agencies. In this regard learned Advocate cited an unreported Indian case being Zee Telefilms Limited and Star India Vs. Commissioner of Central Excise decided on..

Category: Fiscal/Taxation Law | Date: | Hits: 168

Md. Abul Mollah and another Vs. State, 2006, 35 CLC (HCD)

....l bond. 27. Send down the lower Courts record at once with a copy of the Judgment for information and for taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 184. ......on, they confessed that accused Abul Molla and Tota Miah as a tenant of Ramij Mia were preparing adulterate hair oil and Cosmetics. They used to bring different chemicals, labels and machineries from India and prepare adulterate hair oil and Cosmetics of different brand for the purpose of marketing ..

Category: Criminal Law | Date: | Hits: 71