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Hotel Agrabad Ltd. Vs. Chairman, Labour Court and others, 1999, 28 CLC (HCD)
.... MA Mannan with Abdul Momen Chowdhury Advocates—For the Respondents. Writ Petition Nos. 1370 and 1371 of 1992. Judgment Syed Aminl Islam J.- As common question of law and facts are involved in these Rules they were heard together and are being disposed of by this Judgmen......sent: Syed Amirul Islam J SAN Mominur Rahman J Hotel Agrabad Ltd……………………………………………………Petitioner Vs. Chairman, Labour Court and others ………………………Respondents Judgment June 22, 1999. Lawy......se is not maintainable under section 34 of the IRO, inasmuch as no right is guaranteed to the respondents by or under any law. 4. The learned Labour Court on consideration of the materials and evidence on record by the impugned judgment found that there is no controÂversy between the parties..Category: Labour and Industrial Law | Date: | Hits: 121
Abdul Malek (Md) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....id Assistant Director, without considering the above statement, seized the cash memos and stock register of the petitioner. The petitioner contracted with the Assistant Director and explained all the facts to him and requested him to give back the papers seized but without responding to his request ......urt Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Zinat Ara J Abdul Malek (Md)……………………Petitioner Vs. Bangladesh and others……………Respondents Judgment April 12, 2006. Lawyers involved......ave been passed without lawful authority and the same is of no legal effect. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 59 DLR (2007) 284. ..Category: Civil Law | Date: | Hits: 74
Dr. Ahmed Majid Vs. Abdul Latif @ Suruj Ali, 2006, 35 CLC (HCD)
.... Court is directed to proceed with the suit in accordance with law. No costs. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 59 DLR (2007) 282. ......02. Judgment Zinat Ara J.- This Civil Revision under section 25 of the Small Cause Courts Act, 1987 is about the legality of order dated 24-10-2001 passed by the Senior Assistant Judge and the Court of Small Causes, Sadar, Mymensingh in Small Causes Court Suit No. 13 of 2000. 2...... Court is directed to proceed with the suit in accordance with law. No costs. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 59 DLR (2007) 282. ..Category: Property Law | Date: | Hits: 37
Mozam and others Vs. State, 2006, 35 CLC (HCD)
....nce of the Special Powers Act, 1974, triable by Special Tribunal. But the learned Judge of the Bishes Adalat tried the case without jurisdiction. He adds that the victim did not disclose the material facts at the earliest point of time. So her belated disclosure of facts was nothing but subsequent e......so Reported in: 59 DLR (2007) 276.......to which they pleaded not guilty and claimed to be tried. 5. In course or trial the prosecution in all examined nine witnesses and defence examined none. 6. After closure of prosecution evidence when appellants were examined under section 342 of the Code of Criminal Procedure they repe..Category: Criminal Law | Date: | Hits: 82
....r dated 23-4-2001 passed (Annexure D) by respondent No. 5 Deputy Commissioner, Customs, Excise and VAT imposing fine of Taka 43,84,398.56 upon the petitioner company for evasion of tax.
2. The facts on which the Rule was obtained, in short, are that the petitioner was a private limited compan......390 of 2005.
Judgment
Md. Abdur Rashid J.- The above Rule Nisi was obtained against an Order dated 23-4-2001 passed (Annexure D) by respondent No. 5 Deputy Commissioner, Customs, Excise and VAT imposing fine of Taka 43,84,398.56 upon the petitioner company for evasion of tax.
2.......quashed.
Order of stay granted at the time of issue of the Rule is hereby recalled and vacated.
Communicate at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 274.
..
Category: Fiscal/Taxation Law | Date: | Hits: 63
.... the suit property is not vested property and that his claim is barred under section 115 of the Evidence Act.
20. Considering the evidence on record the Court of appeal below as the final Court of facts held that the plaintiffs failed to prove their right, title, interest and possession in the su......eported in: 59 DLR (2007) 270, 26 BLD (HCD) (2006) 634.
...... instant Rule from this Court.
10. Mr. Abul Kalam Mainuddin, learned Advocate appearing on behalf of the plaintiff-petitioners, submits that the Court of appeal below failed to properly assess the evidence on record and that came to an erroneous finding that the plaintiffs had no right, title, in..
Category: Property Law | Date: | Hits: 27
Surajmal Ram Prasad Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....ate—For the Applicant. Md. Rezaul Islam, Assistant Attorney-General—For the Respondent. Reference Application Nos. 205, 210 of 2002. Judgment Md. Abdur Rashid J.- The facts upon which the above references were presented, in short, are that the applicant (same in both......me tax return for the assessment year 1997Â98 showing net loss of Taka 46,450 Then, he submitted a revised return showing net loss of Taka 1,27,822. 2. Pursuant to notice under sections 83(1) and 79 of the Income Tax Ordinance, in short, the OrdiÂnance, an authorised representative on behal......ith our answer in the negative against the Revenue Department and in favor of the applicant. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 59 DLR (2007) 268...Category: Fiscal/Taxation Law | Date: | Hits: 63
Puspak Kumar Roy and another Vs. Eldrin Khan and others, 2005, 34 CLC (HCD)
....peal No. 45 of 2003 dismissing the appeal and affirming those dated 30-1-2003 passed by the learned AssisÂtant Judge, Dakope, Khulna, in Title Suit No. 87 of 2000 decreeing the suit. 2. Short facts necessary for disposal of the Rule are, that admittedly the suit property belonged to Chandi C...... This Case is also Reported in: 59 DLR (2007) 263. ......efendant's documents as Exhibits Ka series, Kha series, Ga, Gha, Uma series, Cha series, Chha, Ja, Jha, Neo, Ta, Tha series, Da series. 7. The learned Assistant Judge on consideÂration of the evidence on record decreed the suit by the judgment and decree dated 30-1-2003. 8. Being aggr..Category: Property Law | Date: | Hits: 34
....o have been made without lawful authority and to be of no legal effect and why the respondents should not be directed to allow the petitioner to continue in service with all benefits.
2. The short facts relevant for the purpose of the case are, that the petitioner after obtaining the graduation d......ul Matin J
ATM Fazle Kabir J
Amirul Islam (Md)……………………………………………………Petitioner
Vs.
Bangladesh represented by the Secretary, Ministry of Home Affairs and others…. ……….Respondents
Judgment
May 15, 2006.
Cases Referred To-
Governme......ormer post and allow him to continue in service with all attending benefits within 30 days from the date of receipt of copy of this judgment.
Ed.
This Case is also Reported in: 59 DLR (2007) 258...
Category: Employment/Service Law | Date: | Hits: 67
Anwara Begum Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
.... Ka list. In the instant case, the Government neither took over possession of the said property from the petitioner by evicting them nor served notice on them under Article 7(3) of PO 16 of 1972. The facts of this case appear to be similar to that of the case of Amir Hossain vs. Government of Bangla...... (Special Original Jurisdiction) Present: Tariq-ul-Hakim J Afzal Hossain Ahmed J Anwara Begum .............................. ……………Petitioner Vs. Government of Bangladesh and others………….Respondents Judgment August 1, 2005. Cases Referred To- Banglade......terfere with the findings of a tribunal of fact under its extraordinary jurisdiction under Article 102, if it can be shown that the tribunal had acted without jurisdiction or made any finding upon no evidence or without considering any material evidence/facts causing prejudice to the complaining par..Category: Property Law | Date: | Hits: 40
Abdul Karim and others Vs. Court of Settlement and others, 2007, 36 CLC (HCD)
....tuated at House No. 1/15, Block-D, MohammadÂpur, Dhaka, from the list of the abandoned property and pass such other or further order or orders as to this Court may seem fit and proper. 2. The facts of the case as stated in the petiÂtion are that the House No. 1/15, Block-D, Razia Sultana Ro......so Reported in: 59 DLR (2007) 247.......6 under Abandoned Buildings (Supplementary Provisions) Ordinance, Ordinance 54 of 1985 at page No. 9764 (17), Serial No. 42 (Annexure-I). Ed. This Case is also Reported in: 59 DLR (2007) 247...Category: Property Law | Date: | Hits: 33
Nazir Ahmed Vs. Md. Amin Mia and anothers, 2007, 36 CLC (HCD)
....once if he is not wanted in connection with any other case. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 245. ...... Supreme Court High Court Division (Criminal Revisional Jurisdiction) Present: Md. Abdul Matin J Md. Abdul Hye J Nazir Ahmed………………..Petitioner Vs. Md. Amin Mia and anothers………….Opposite Parties Judgment March 7, 2007. Cases Referred To- Sam...... as the impugned judgment dated 2-8-2005, it appears that the trial Court passed the conviction and sentence solely on the basis of counterfoils of cheques but counterfoils cannot be treated as legal evidence unless and until the original cheques are proved to be encashed by accused-petitioner. If t..Category: Criminal Law | Date: | Hits: 40
Syed Ziaul Hasan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....ty and is of no legal effect and why the respondent No.6 should not be directed to supply subscriber identity module (SIM) Cards of the petitioners at the previous agreed rate. 2. The material facts for the disposal of the Rule are that on 6-5-2005 Tele Talk Bangladesh Limited, a public limit......DLR (2007) 238, 26 BLD (HCD) (2006) 366. ......tity module (SIM) Card according to the price fixed i.e. Taka 1800. There will be no order as to costs. Ed This Case is also Reported in: 59 DLR (2007) 238, 26 BLD (HCD) (2006) 366. ..Category: Fiscal/Taxation Law | Date: | Hits: 131
Abdul Alim Vs. Biswajit Dey and another, 2007, 36 CLC (HCD)
....e entire transaction was made at Dhaka, as such, the initiation of the proceeding at Chittagong is not permissible under law. 5. The submissions made is not sustainable either in law or on the facts of the given case. The offence under section 138 of the Act can be completed with the concentr......t: Sharifuddin Chaklader J Sheikh Abdul Awal J Abdul Alim..................................................................... Accused-Petitioner Vs. Biswajit Dey and another……………………………….Opposite Parties Judgment March 11, 20......lt, this Rule is discharged. The order of stay granted earlier by this Court is vacated. Communicate this order at once. Ed. This Case is also Reported in: 59 DLR (2007) 236 . ..Category: Criminal Law | Date: | Hits: 50
Abul Koyser Vs. Tobarak Ali and others, 2007, 36 CLC (HCD)
....in allowing the preemption upon the cited authorities. 14. I have examined the record. 15. Only issue that is facing me is, whether or not the Court of appeal below was justified in the facts and circumstances of the case and the evidence on record in allowing the prayer for preemption......7) 234 . ......thorities. 14. I have examined the record. 15. Only issue that is facing me is, whether or not the Court of appeal below was justified in the facts and circumstances of the case and the evidence on record in allowing the prayer for preemption. 16. The facts which do riot admit o..Category: Property Law | Date: | Hits: 28
Khalilur Rahman Vs. State, 2007, 36 CLC (HCD)
....tradictory. The Magistrate recording confession did not formally prove the confessional statement and in an evasive manner stated that the statements were recorded after observing formalities. In the facts of the given case, this Court discarded the confessions as neither true nor voluntary. ......¦â€¦Respondent Judgment February 22, 2007. Cases Referred To- Mahidur @ Mahidul Islam vs. State, 1983 BLD 162, Md. Azad Sheik @ Azad SK vs. State 1988 BLD 505 = 41 DLR 62 and Zaheda Bewa vs. State 37 DLR 66. Lawyers involved: Md. Anisur Rahman Hatem, Advoca......eds, the register of the hotel, Exhibit 6(a) and thereafter submitted charge sheet against the appellants and other accuseds. 17. The learned Additional Sessions Judge, on consideration of the evidence on record, found the appellant Ayub Ali guilty under section 302 of the Penal Code and sent..Category: Criminal Law | Date: | Hits: 38
Moezuddin (Md) Vs. State, 2007, 36 CLC (HCD)
....learned Public Prosecutor can seek withdrawal without assigning proper reason other than the reason assigned by the Ministry of Home Affairs. Since we have come across huge number of cases of similar facts, we feel it proper to address the point in the light of the existing decisions on the subject.......¦â€¦â€¦â€¦..Opposite Party Judgment March 5, 2007. Result: The Rule is made absolute. Cases Referred To- Devendra Kumar vs. Yar Bakld Choudhury, AIR 1939 Cal 220 (FB); King Vs. Paramand, AIR 1949 Pat 222 (FB); Dy Accountant General, Kerala vs. State of Kerala, AIR 1970 Ker 158 (FB)......essential consideration which is implicit to accord consent is that it should be in the interest of administration of justice. It is either that the prosecution will not be able to produce sufficient evidence in support of the charge or that it will be difficult to predicate on information as reveal..Category: Criminal Law | Date: | Hits: 43
Shaherunnessa Vs. Shamsunnahar, 2007, 36 CLC (HCD)
.... the decree of the trial Court decreeing the suits are hereby set aside and both the suits are dismissed. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 217. ......tahuddin Choudhury J Shaherunnessa......Petitioner Vs. Shamsunnahar…….Opposite Party Judgment January 25, 2007. Cases Referred To- Sadak Ali vs. Suruj Ali 7 DLR 94; Amar Chandra Sana vs. Ajit kumar Das 33 DLR (AD) 37. Lawyers involved: Subrata Chowdhury, Advocate—...... Exhibits,1 to 10. Documents produced by Mohiuddin were marked as Exhibits 'Ka' to 'Ga'. Sherunnessa also produced voter ID card and certificate issued by the local ward commissioner. 18. Upon the evidence, oral and documentary, on record, the trial Court decreed both the suits directing the defe..Category: Property Law | Date: | Hits: 35
Shahella Chowdhury Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
....ted 15-6-03 (Annexure-E) under section 93 and order dated 24Â-12-03 (Annexure-F) imposing penalty under section 128 of the Income Tax Ordinance, 1984 by the Deputy Commissioner of Taxes. 2. Short facts out of which the Rule was obtained are that the petitioner was a regular tax payee having TIN:......h Court Division (Special Original Jurisdiction) Present: Md. Abdur Rashid J Md. Miftahuddin Chowdhury J Shahella Chowdhury............Petitioner Vs. National Board of Revenue and others…………..Respondents Judgment March 28, 2007. Case Referred To- Raghuvans......no legal effect; and they are accordingly quashed. Order of stay granted on 23-5Â06 is also recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 213. ..Category: Fiscal/Taxation Law | Date: | Hits: 69
Dhaka City Corporation and others Vs. Shamsur Rahman and others, 2007, 36 CLC (HCD)
....chedule 'Kha' land, the plaintiff possessed the entire suit land through tenants and two shops through his sons. 26. He submitted that the Court of appeal below rightly decreed the suit in the facts and circumstances of the case and the evidence on record and such decree does not call for any......ase is also Reported in: 59 DLR (2007) 207. ......amined two witnesses for their each set. Papers and documents adduced by the plaintiff were marked Exhibits 1 to 14 and those of the defendants were marked as Exhibit 'Ka to Ka(4)'. 16. On the evidence oral and documentary on the record, the trial Court was of the view that seeking declaratio..Category: Property Law | Date: | Hits: 32
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