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Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)

....inter-Ministerial meeting held on 17-11-1979 with representatives from Ministry of Finance, Ministry of Petroleum and Mineral Resources and Ministry of Law & Parliamentary Affairs with the then State Minister of Finance in the Chair decided on a procedure to ensure that the windfall gains thu...... Meghna Petroleum Limited…………………………………………………Appellant Vs. Commissioner of Taxes (East Zone) Dhaka………………...... forthwith to the High Court Division for taking necessary steps in accordance with the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 165. ...... forthwith to the High Court Division for taking necessary steps in accordance with the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 165. ..

Category: Fiscal/Taxation Law | Date: | Hits: 97

Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)

....ribunal 44 DLR (AD) 239; Asma Jalani vs. Government of Punjab PLD 1972 (SC) 139; Khandaker Ehteshamuddin Ahmed @ lqbal vs. Bangladesh 33 DLR (AD) 154; Helaluddin Ahmed vs. Bangladesh 45 DLR (AD) 1; State vs. Zia-ur-Rahman PLD 1973 (SC) 49; Federation of Pakistan vs. Saeed Ahmed PLD 1974 (SC) 151......dur Rouf J Bimalendu Bikash Roy Chowdhury J Bangladesh, represented by Secretary, Establishment Division and others……………… Appellants Vs. Mahbubuddin Ahmed……...Respondents.  Judgment Februar......against him at any time.  For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ......against him at any time.  For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ..

Category: Administrative Law | Date: | Hits: 125

Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)

....entrusted by the Government with control or management of any municipal or local funds do not come within the scope of this rule.”  All lands in a Native State which a Railway Company intends to relinquish should be made over to the State through the ...... Bangladesh Railway and ors. …………………………………………….Defendant Appellants Vs. Pranab Kumur Chakraborty and ors………………&helli......wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ......wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ..

Category: Administrative Law | Date: | Hits: 130

Ali Akbar (Md) Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)

.... Government of Bangladesh and others…………………………Respondents  Judgment August 27, 1996.  The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), Sections 43(2) & 44(3) Publica......lip;………………………………………………………… Petitioner Vs. Government of Bangladesh and others………………&h......ioner was not entitled to retain its possession. The petition is therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 143; 1 MLR (AD) 1996, 379. ......ioner was not entitled to retain its possession. The petition is therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 143; 1 MLR (AD) 1996, 379. ..

Category: Property Law | Date: | Hits: 90

Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)

.... Assistant Collector of Central Excise, Chandan Nagar, West Bengal vs. Dunlop India Ltd AIR 1985 (SC) 330, Siliguri Municipality vs Amalendu Das AIR 1984 (SC) 653; Titaghur Paper Mills Co. Ltd. State of Orissa vs. AIR 1983 (SC) 603; Union of India vs. Oswal Woollen Mills Ltd. AIR 1984 (SC) 12......Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Commissioner of Customs, Chittagong…………………Appellant Vs. Giasuddin Chowdhury and another…………………......pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ......pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ..

Category: Criminal Law | Date: | Hits: 119

Showkat Hossain Akanda Chowdhury Vs. State, 1997, 26 CLC (AD)

.... Abdur Rouf J Bimalendu Bikash Roy Choudhury J Showkat Hossain Akanda Chowdhury…………………….Accused-Petitioner Vs. State………………… Respondent  Judgment ...... Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Showkat Hossain Akanda Chowdhury…………………….Accused-Petitioner Vs. State………………… Respondent  ......The order of conviction is therefore set aside.  The petition is disposed of in the above terms.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 128. ......The order of conviction is therefore set aside.  The petition is disposed of in the above terms.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 128. ..

Category: Criminal Law | Date: | Hits: 92

Khandoker Saiful Islam Vs. State, 1997, 26 CLC (AD)

.... Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J  Khandoker Saiful Islam…………………….Petitioner Vs. State……………………………&hellip......fur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J  Khandoker Saiful Islam…………………….Petitioner Vs. State…………………………&h......o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ......o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ..

Category: Criminal Law | Date: | Hits: 96

Mahbubul Alam Vs. State, 1997, 26 CLC (AD)

....l) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Mahbubul Alam …………….. Accused-Petitioner Vs. State ……………... Respondent Judgment January 8, 1997. The Prevention of Corrupt......(Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Mahbubul Alam …………….. Accused-Petitioner Vs. State ……………... Respondent Judgment January 8, 1997. The Prevention of......ence, this observation of the learned Single Judge is not correct in law. The petition is dismissed with the above observation. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 125. ......ence, this observation of the learned Single Judge is not correct in law. The petition is dismissed with the above observation. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 125. ..

Category: Anti-Corruption Laws | Date: | Hits: 81

Altaf Hossain Vs. State, 1997, 26 CLC (AD)

....stafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Altaf Hossain…………..Accused-Appellant Vs. State…………….Respondent  Judgment November 1......CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Altaf Hossain…………..Accused-Appellant Vs. State…………….Respondent  Judgment ......nd order are set aside.  Let the appellant be released forthwith if not wanted in any other case.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ......nd order are set aside.  Let the appellant be released forthwith if not wanted in any other case.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ..

Category: Criminal Law | Date: | Hits: 104

Sadaruddin Ahmed Chisty Vs. Bangladesh and others, 1998, 27 CLC (AD)

....ed to in sub-section (1) of section 99A. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 119. ...... (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Sadaruddin Ahmed Chisty…………….Petitioner Vs. Bangladesh and others…………...Respondent Judgment March 24, 1997. The Co......ed to in sub-section (1) of section 99A. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 119. ......ed to in sub-section (1) of section 99A. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 119. ..

Category: Others | Date: | Hits: 122

Vice Chairman, Export-Promotion Bureau and Govt. of BD Vs.

....ification (Annexure-A to the writ petition) cannot stand, even without a challenge of the Government’s action.  The leave petitions are, therefore, dismissed. Ed.  ......ification (Annexure-A to the writ petition) cannot stand, even without a challenge of the Government’s action.  The leave petitions are, therefore, dismissed. Ed.  ......ification (Annexure-A to the writ petition) cannot stand, even without a challenge of the Government’s action.  The leave petitions are, therefore, dismissed. Ed.  ......ification (Annexure-A to the writ petition) cannot stand, even without a challenge of the Government’s action.  The leave petitions are, therefore, dismissed. Ed.  ..

Category: Business or Commercial Law | Date: | Hits: 117

Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)

....uddin Sekander ……………….Appellant  Bernhard Rudigar and another……………….. Appellants Vs. State……............Respondent  Judgment February 17, 1997. ......(Retd) Ashrafuddin Sekander ……………….Appellant  Bernhard Rudigar and another……………….. Appellants Vs. State……............Respondent  Judgment February 1......ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed.     This Case is also Reported in: 50 DLR (AD) (1998) 108. ......ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed.     This Case is also Reported in: 50 DLR (AD) (1998) 108. ..

Category: Criminal Law | Date: | Hits: 130

Fatema Bibi Vs. Sree Manik. Lal Somaddar & others, 1995, 24 CLC (AD)

....hellip;……………………..… Pre-emptees-Respondents [In Civil Petition No. 579 of 1994]  Judgment July 9, 1995. The State Acquisition and Tenancy Act, 1950, (XXVIII of 1951), Section 96 Pre-emptor was not a ......ma Bibi……………………………………………………..Pre-emptor-Petitioner Vs. Sree Manik. Lal Somaddar & others………………&......ity of the application for pre-emption the same calls for no interference. These petitions are dismissed.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 97. ......ity of the application for pre-emption the same calls for no interference. These petitions are dismissed.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 97. ..

Category: Property Law | Date: | Hits: 51

Abul Hossain Mollah alias Abu Mollah Vs. State, 1997, 26 CLC (AD)

....esent: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abul Hossain Mollah alias Abu Mollah……………..Appellant Vs. State………………..Respondent Judgment May 4, 1997. The Penal Code, 1860 (XLV of ......) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abul Hossain Mollah alias Abu Mollah……………..Appellant Vs. State………………..Respondent Judgment May 4, 1997. The Penal Code, 1860 ......rgone and remitting the sentence of fine. Let the appellant be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 96. ......rgone and remitting the sentence of fine. Let the appellant be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 96. ..

Category: Anti-Corruption Laws | Date: | Hits: 71

Solaiman (Md) Vs. Sufia A. Alam being dead, her heirs Narjesa Rahamatullah & ors., 1995, 24 CLC (AD)

....he learned Single Judge rightly affirmed the decision of the trial Court and decreed the Suit.   The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 90. ...... Appellate Division (Civil) Present: ATM Afzal CJ Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Solaiman (Md).…………………….Defendant-Petitioner Vs. Sufia Akhtar Alam being dead, her heirs Narjesa Rahamatullah and others...............Respon......y valid reason may operate as forfeiture of tenancy and in such a case notice under section 106 of the Transfer of Property Act may be dispensed with. ……………….(6) Case Referred to- Muhammad Islam Khan vs. Cantonment Board, 1982 Supreme Court Monthly Review 1956. Lawyers Involv......he learned Single Judge rightly affirmed the decision of the trial Court and decreed the Suit.   The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 90. ..

Category: Tenancy Law | Date: | Hits: 78

Nurul Huq alias Md. Nurul Hoque Vs. State, 1997, 26 CLC (AD)

....M Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Nurul Huq alias Md. Nurul Hoque…………………………..Petitioner Vs. State……………………………...Respondent Judgment June 4, 1997. Result: The......: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Nurul Huq alias Md. Nurul Hoque…………………………..Petitioner Vs. State……………………………...Respondent Judgment June 4, 1997. Result......nd justly upheld the judgment of the trial Court. We find no reason to interfere therewith. This petition is therefore dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 88. ......nd justly upheld the judgment of the trial Court. We find no reason to interfere therewith. This petition is therefore dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 88. ..

Category: Criminal Law | Date: | Hits: 95

Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)

....Kyaw Sam Prue Chowdhury (who was respondent No.4 in the writ petition) is third in seniority amongst his three brothers, all of whom are younger in age to the appellant who is highly educated and was State Minister of Bangladesh during 1979-1982. The appellant is physically fit and mentally alert to...... ATM Afzal CJ  Mustafa Kamal J  Latifur Rahman J  Md. Abdur Rouf J  Bimalendu Bikash Roy Choudhury J  Aung Shwe Prue Chowdhury....................Appellant Vs. Kyaw Sain Prue Chowdhury and others.................Respondents Judgment  Decemb......gladesh Gazette on 21-11-96 is declared to have been made and issued without lawful authority and of no legal effect. Ed.   This Case is also Reported in: 50 DLR (AD) (1998) 73. ......gladesh Gazette on 21-11-96 is declared to have been made and issued without lawful authority and of no legal effect. Ed.   This Case is also Reported in: 50 DLR (AD) (1998) 73. ..

Category: Civil Law | Date: | Hits: 203

Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)

....y have rightly invoked the jurisdiction of the High Court Division under Article 102 (1) of the Constitution. The writ petitions were fully maintainable…….(80 & 82) Cases Referred to: State of UP vs. M Srivastava, AIR 1957 (SC) 912; RP Chaturvedi vs. State of MP (1969) 2 SCC 240; Ram......al CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimanendu Bikash Roy Chowdhury J Bangladesh represented by the Secretary, Ministry of Establishment……………Appellant Vs. Shafiuddin Ahmed and 2 others …………………………………………………Respon......SC) 327; Sant Ram vs. State of Rajasthan, AIR 1987 (SC) 1910; Lalit vs. Union of India, AIR 1972 (SC) 995); Pakistan vs. Sheikh Abdul Hamid, PLD 1961 (SC) 105 = 13 DLR (SC) 100, West Pakistan vs. Din Muhammad, PLD 1964 (SC) 21 = 16 DLR (SC) 58; Md. Naseem Ahmed vs. Azra Feroze Bakth, PLD 1968 (SC) 9......d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ..

Category: Constitutional Law | Date: | Hits: 185

Samad Sikdar and others Vs. State, 1997, 26 CLC (AD)

.... Samad Sikdar @ Somed Sikder …...Accused Petitioner (In Criminal Appeal No.134 of 1995) Md Abdul Mannan Sikder …………….Accused Petitioner (In Criminal Appeal No.135 of 1995) Vs. State…………………….Respondent (In both the Petitions) Judgment April 30, 1997. ......ry J Samad Sikdar @ Somed Sikder …...Accused Petitioner (In Criminal Appeal No.134 of 1995) Md Abdul Mannan Sikder …………….Accused Petitioner (In Criminal Appeal No.135 of 1995) Vs. State…………………….Respondent (In both the Petitions) Judgment April 30, ...... Judges of the High Court Division in appeal, the same calls for no interference. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 24. ...... Judges of the High Court Division in appeal, the same calls for no interference. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 24. ..

Category: Procedural Law | Date: | Hits: 157

State Vs. Raihan Ali Khandker and others, 1997, 26 CLC (AD)

....AD)(1998) 23. ......vision (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J State…………………….Petitioner Vs. Raihan Ali Khandker and others………………Respondents Judgment April 1, 1997. ......orroborated opinion of handwriting and fingerprint expert. We do not find any ground for interfere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 23. ......orroborated opinion of handwriting and fingerprint expert. We do not find any ground for interfere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 23. ..

Category: Procedural Law | Date: | Hits: 120