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Ali Azam, Advocate Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)

.... in favour of the assessee applicant. Accordingly, the reference is answered aforesaid and the parties will bear their own costs. Ed. This Case is also Reported in: 53 DLR (2001) 92. ......have been accepted by the Assistant Commissioner of Taxes as shown in the return. The learned Advocate further submits that the Assistant Commissioner of Taxes on a misreading of all the materials on record illegally added the income of building. The learned Advocate further submits that as usual th...... in favour of the assessee applicant. Accordingly, the reference is answered aforesaid and the parties will bear their own costs. Ed. This Case is also Reported in: 53 DLR (2001) 92. ..

Category: Fiscal/Taxation Law | Date: | Hits: 67

Nafisa Choudhury Vs. United Food Complex Ltd. and another, 2000, 29 CLC (HCD)

.... asserted that he is the Managing Director of the Company. Therefore, the contention raised by Mr Mainul Hosein that the respondent No.3 relinquished the office of the Managing Director does not hold good. As regards his contention that the issue is sub judice as a leave petition against the judgmen......eting Annexure-F & G to BSRS vide its letter dated 1-11-98 and the resolution adopted at the extraordinary general meeting held on 9-6-98 was submitted to the Registrar, Joint Stock Companies for recording the amendment of Articles 101(a) and 145 of the Articles of Association on 24-6-98. The BS......s pursuant to the letter dated 16-4-1998. With the aforesaid directions the application is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 81. ..

Category: Business or Commercial Law | Date: | Hits: 198

Shafiqur Rahman Vs. Bangladesh Jatiya Samabaya Bank, 2000, 29 CLC (HCD)

....ting Court at once. The order of stay granted earlier by this Court at the time of issuance of the Rule is hereby re-called and vacated. Ed. This Case is also Reported in: 53 DLR (2001) 78. ...... Procedure against order No.91 dated.13-09-86 passed by the executing Court, Subordinate Judge and Commercial Court No.1 at Dhaka in Money Execution Case No. 76 of 1985. 2. It appears from the record that opposite party Bangladesh Jatiya Samabaya Bank obtained a money decree dated 05-09-56 fo......ting Court at once. The order of stay granted earlier by this Court at the time of issuance of the Rule is hereby re-called and vacated. Ed. This Case is also Reported in: 53 DLR (2001) 78. ..

Category: Civil Law | Date: | Hits: 82

Aleya Begum and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)

....Bangladesh as a member of the UNO from time to time displayed its anxiety for the solution of the problem and it can not be disputed that the government of Bangladesh from time to time displayed some good gesture in the matter as evident from the Annexures filed on behalf of the petitioners. But lea......p the petitioners in any way in the above context. In the result the Rule is accordingly disposed of with the above observations. Ed. This Case is also Reported in: 53 DLR (2001) 63. ......h their families with knowledge of all concerned. 3. In the united Nations Conference held in Vancouver on May 31, June 14, 1976 recommendation was made to provide shelter, infrastructures and services to less advantaged (Annexure-A) and that in the meeting of the ‘Nagar Daridra Beshayak Ja..

Category: Property Law | Date: | Hits: 60

Nurul Islam Monzoor Vs. State and another, 2000, 29 CLC (HCD)

....ail (opposite party No. 2) for information and compliance and also to the learned Metropolitan Sessions Judge, Dhaka for compliance. Ed. This Case is also Reported in: 53 DLR (2001) 59. ...... in Court by the accused-petitioner do form part of the main application. The report bearing Memo No. 10560/Bha: Sha: dated 4-12-2000 submitted by the learned Deputy Attorney-General be kept with the record. 2. This is an application under section 498 of the Code of Criminal Procedure (herein......ail (opposite party No. 2) for information and compliance and also to the learned Metropolitan Sessions Judge, Dhaka for compliance. Ed. This Case is also Reported in: 53 DLR (2001) 59. ..

Category: Criminal Law | Date: | Hits: 26

Jarina Khatun & others Vs. Gani Howlader & others, 2000, 29 CLC (HCD)

.... observations, if necessary, on further evidence as may be adduced by the parties. The Court would abide by the ultimate result of the suit. Ed. This Case is also Reported in: 53 DLR (2001) 53. ......hatian No. 2325 and SA Khatian No. 992 originally belonged to Kashem Ali and Sorju Bala. Other 8 annas of plot No. 1522 was owned and possessed by the plaintiff and SA Khatian Nos. 1446 and 1333 were recorded in his name. The suit land measuring 0.39 acre was purchased by Kali Mohan Mukhopadhya on a...... an employee in the sherista of Kali Mohan Mukherjee, proved that Kali Mohan purchased the suit lands in auction, obtained sale certificate and got possession. Then, they annulled the encumbrances by service of notice. He also testified that Kali Mohan transferred the suit lands to Afsar Ali Howlade..

Category: Property Law | Date: | Hits: 22

Sonali Bank and others Vs. Md. Jalaluddin and another, 2000, 29 CLC (HCD)

....the Rule hereby stands vacated. Let the records be sent down at once so that the suit may be heard and disposed of as early as possible. Ed. This Case is also Reported in: 53 DLR (2000) 48. ......llate Division in the unreported Case cited by Enayet has no manner of application to the facts of the instant Case. 10. After patiently hearing the learned Advocates, going through the entire record, perusing the revision application and the impugned orders, and reading number of decisions o......ishoreganj Branch. On 09-05-81 the plaintiff was put under suspension pending decision of a police Case lodged against him by the said Branch of the Bank. On 18-11-82 the plaintiff was dismissed from service under the service rules of the Bank. 3. On 17-11-85 the plaintiff instituted Other Cl..

Category: Administrative Law | Date: | Hits: 165

Moshiur Rahman (Md.) Vs. State, 2000, 29 CLC (HCD)

....absolute. Let copies of this judgment and order be forwarded to the learned Sessions Judge and the petitioner for their future guidance. Ed. This Case is also Reported in: 53 DLR (2001) 42. ......inal Procedure, the mandatory provisions of section 481 of the Code of Criminal Procedure has to be followed. Section 481 runs as follows: “481. (1) In every such Case the Court shall record the facts constituting the offence, with the statement (if any) made by the offender, as well......absolute. Let copies of this judgment and order be forwarded to the learned Sessions Judge and the petitioner for their future guidance. Ed. This Case is also Reported in: 53 DLR (2001) 42. ..

Category: Criminal Law | Date: | Hits: 29

Meridian International (Pvt) Ltd and another Vs. Rajdhani Unnayan Kartipakha (RAJUK) and others, 2000, 29 CLC (HCD)

....tion or decoration. By clause 6 of the said agreement the petitioners were only required to make such minor repairs and execute maintenance works which shall be necessary to keep the said premises in good condition; and by clause 7 thereof, the petitioner No. 2 is not permitted to make any addition ......voke writ jurisdiction under Article 102 of the Constitution. Having considered the submission made by the learned lawyers of the parties and in view of aforesaid cited decisions and the materials on record; we do find no merit in this Rule for interference. So the impugned order is absolutely lawfu......n-opposition and the replies thereto and thereafter submitted that the impugned order is without lawful authority inasmuch as section 3(A)(2) of the Building Construction Act, 1952 which requires the service of notice upon the occupier or person-in charge of the land or building giving six months’..

Category: Property Law | Date: | Hits: 31

Islami Bank Bangladesh Ltd. and others Vs. Abdul Jalil and others, 1999, 28 CLC (HCD)

.... in his decision occasioning failure or justice and as such, the impugned order is liable to be set aside and is accordingly, set aside. Ed. This Case is also Reported in: 53 DLR (2001) 29. ......of 1995. The High Court Division heard both the parties and considered the matter at length. In order to pr the document of the plaintiff appellants the High Court Division took pains to call for the records from the office of the Collector and after examination the record the High Court Division fo...... in his decision occasioning failure or justice and as such, the impugned order is liable to be set aside and is accordingly, set aside. Ed. This Case is also Reported in: 53 DLR (2001) 29. ..

Category: Property Law | Date: | Hits: 61

Shaher Khatun & others Vs. State and another, 2000, 29 CLC (HCD)

.... 15-19 Md. Jaher Ali, Md. Sadeque Ali, Abdul Karim, Md. Amir Ali and Md. Emran Ali hereby confirmed in the facts and circumstances the Case. Ed. This Case is also Reported in: 53 DLR (2001) 19. ......purported to be made by then Munsif, 3rd Court, Tangail in Miscellaneous Case No. 337 of 1973 under section 143A of the State Acquisition and Tenancy Act, 1950, shortly the Act, for correction of the record of right in respect of the Case land, that subsequently the petitioners filed the said forged...... 15-19 Md. Jaher Ali, Md. Sadeque Ali, Abdul Karim, Md. Amir Ali and Md. Emran Ali hereby confirmed in the facts and circumstances the Case. Ed. This Case is also Reported in: 53 DLR (2001) 19. ..

Category: Criminal Law | Date: | Hits: 59

Bangladesh Society for the Enforcement of Human Rights (BSEHR) and Others Vs. Government of Bangladesh and others, 2000, 29 CLC (HCD)

....them vagrants under the Vagrancy Act and on enquiry released them being satisfied that they were not vagrants. The action and steps taken regarding the workers in question were done absolutely with a good, honest and bonafide intention for rehabilitating these socially disadvantaged women and to giv......rate shall make a summary enquiry in the prescribed manner with the circumstances and character of such person and if after hearing such person he is satisfied that such person is a Vagrant, he shall record a declaration to this effect and shall forthwith send the declaration to the Controller and t......ving in brothels in Narayanganj, Jessore, Chittagong, Mongla etc. to ensure that they have access to the rights and privileges as other citizens in Bangladesh including reproductive and sexual health service, formal and non-formal education, management and skill training, micro-finance service, lega..

Category: Constitutional Law | Date: | Hits: 264

State Vs. A Haque alias Abdul Hoque and others, 2010, 39 CLC (AD)

....on is accordingly discharged and the respondents herein are directed to surrender before the concerned court within 7(seven) days. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 151. ......il for a period of 6(six) months. 3. Heard the learned Additional Deputy Attorney General for the petitioner and the learned Advocate appearing for the respondents and perused the materials on record. 4. The respondents are the named accused in the case filed on FIR No.05/278 dated 04-......on is accordingly discharged and the respondents herein are directed to surrender before the concerned court within 7(seven) days. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 151. ..

Category: Criminal Law | Date: | Hits: 30

State Vs. Md. Sadequl Islam Tusar and others, 2009, 38 CLC (AD)

....scera we find that those injuries correspond to the characteristic of hanging. The Medical Board at the first instance without giving the opinion of the cause of death kept the opinion pending for no good reason. Thereafter, on receipt of the report from the chemical examiner the Board passed the op......now that all the accused killed the deceased (Rakhi) for not satisfying the demand of dowry of Tk. 2,00,000/- to them (accused). 3. On the basis of the aforesaid First Information Report police recorded Thakurgaon Thana Case No.12 dated 10.09.2003 under Section 11(ka)/30 of the Ain, 2000. The ......ence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 134, 15 MLR (AD) (2010) 147, 19 BLT (AD) (2011) 160. ..

Category: Criminal Law | Date: | Hits: 43

Shaid Hamid and another Vs. Nilufar Momtaz and others, 2009, 38 CLC (AD)

....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: 15 MLR (AD) (2010) 130. ...... such, the judgment and order dated 078.08.2008 making the Rule absolute and imposing cost on the writ-respondent No.8 is liable to be set aside for the ends of justice. 6. It appears from the record that writ-respondent No.5, Military Estate Officer already expressed by his letter dated 26.0......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: 15 MLR (AD) (2010) 130. ..

Category: Property Law | Date: | Hits: 26

Md. Abdur Rahim Vs. Md. Amirul Islam & others, 2007, 36 CLC (AD)

.... Advocate could not point out any new materials for review of the impugned judgment. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 128. ......se is within time. The only point raised was that the preemption case was barred by the principle of waiver, estoppel and acquiescence but the High Court Division on consideration of the materials on record came to the definite findings that the pre-emption proceeding was not barred by the principle...... Advocate could not point out any new materials for review of the impugned judgment. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 128. ..

Category: Property Law | Date: | Hits: 20

Abul Hashem Vs. International Oil Mills Limited, 2009, 38 CLC (AD)

....es on premium to be paid and on other related matters. Civil Miscellaneous Petition is also disposed of in terms of this judgment. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 117. ...... right to claim that there was a promise and the petitioner has a legal right to claim the land on the basis of the said promise. 15. After hearing the parties and considering the materials on record the High Court Division made  the Rule absolute and hence these petitions for leave to appea......es on premium to be paid and on other related matters. Civil Miscellaneous Petition is also disposed of in terms of this judgment. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 117. ..

Category: Property Law | Date: | Hits: 33

Md. Ismail alias Haji Md. Ismail Vs. State and another, 2010, 39 CLC (AD)

....therefore, no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 449. ...... learned Metropolitan Magistrate took cog­nizance of an offence punishable under section 138 of the Negotiable Instruments Act against the accused petitioner. 4. On 8th October, 2006 the case record was transmitted to the Court of Metropolitan Sessions Judge, Chittagong for trial which was r......therefore, no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 449. ..

Category: Criminal Law | Date: | Hits: 34

Mithu Vs. State, 2009, 38 CLC (AD)

.... Leave to Appeal and as such we do not find any merit in the Review Petition. Accordingly, this review petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 446. ......- each. 6. Thereafter the Druta Bichar Tribunal No. 1, Dhaka referred the matter to the High Court Division for confirmation of death penalty. Accordingly the Death Reference No.73 of 2003 was recorded. The petition­er against the aforesaid judgment and order preferred Criminal Appeal No.240...... Leave to Appeal and as such we do not find any merit in the Review Petition. Accordingly, this review petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 446. ..

Category: Criminal Law | Date: | Hits: 46

Azam Reza Vs. State, 2010, 39 CLC (AD)

....ons as above we find nothing to interfere with the judgment of the High Court Division and according­ly both the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 440. ......re arrival of the informant party the accused in writing informed Gulshan Police Station that the deceased commit­ted suicide by hanging. On the basis of which Unnatural Death Case No. 2 of 2004 was recorded and S.I. Biman Kumar Das was entrusted with the investigation of the same, who went to the ......ons as above we find nothing to interfere with the judgment of the High Court Division and according­ly both the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 440. ..

Category: Criminal Law | Date: | Hits: 100