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Gopal Chandra Das and others Vs. Nikunja Behari Sukra Das and others, 2008, 37 CLC (HCD)

.... Case is also Reported in: 61 DLR (HCD) (2009) 509. ......e is made absolute without any order as to the costs. Case Referred to- Santipada Datta being dead his heirs: Aranangsha Datta Vs. Satish Chandra Das, 7 MLR (AD) 249 = 54 DLR (AD) 173; Government of Bangladesh Vs. Paresh Chandra Gharami, 50 DLR (AD) 70; Hussain Ahmed Chowdhury alias A......for declaration of title in the suit land stating, inter alia, that one Govinda Chandra Chakraborty was the superior landlord in Mirashi right in 'A' schedule land and while the same was under his management one Bhama Baishnabi was given shelter in the suit land by the said Govinda and CS record..

Category: Property Law | Date: 7 Jan, 2008 | Hits: 9

Durga Prasad Singh Hazari Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)

....n such erroneous view, cancelled their returns by merging them with the income of the assessee. Secondly, none of the provisions sub-section (4) of section 43 of the Ordinance applies in the cases at hand since the section prescribes the method of computation of total income of an assessee only. It ......issioner of Taxes to deduct the municipal tax from the estimated income. The Appellate Tribunal upheld the assessment under section 84/93/43(4) of the Ordinance. It also held that the Ordinance shall override the Mitakshara Hindu law for the purpose of assessment. 15. In the aforesaid circumstanc......estions of law formulated in the negative and in favour of the assessee and against the respondent. No cost. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 397. ..

Category: Fiscal/Taxation Law | Date: 12 Dec, 2007 | Hits: 5

Fairdeal Marine Services, Fujairah, U.A.E Vs. M.V. PELEAS K and others, 2007, 36 CLC (HCD)

....Paswan, (1955) 1 SCR 117 = (AIR 1954 SC 340); Hiralal Patni Vs. Kali Nath, (1962) 2 SCR 747 = (AIR 1962 SC 199); Md. Ahsanullah Vs. Arafatunnessa, 33 DLR (AD) (1981) 17, at paragraph 4, page 20; Gorachand Haider Vs. Prafulla Kumar Roy, a Full Bench decision of the Calcutta High Court, 29 C.W.N. 948;......e Opposite Party Nos.1-3. Execution Case No.02 of 2005. Judgment Syed Refaat Ahmed J.- This Execution Case arises out of Admiralty Suit No.37 of 1999 that was filed on 21.3.1999 for recovery of the outstanding payment of a bunker bill for an amount of Tk. 19,70,000.00, including inter......mentioned and specified in Schedule 'A' to the application is hereby necessarily recalled and vacated. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 17.    ..

Category: Admiralty Law or Maritime Law | Date: 6 Dec, 2007 | Hits: 19

AKM Reazul Islam and others Vs. State, 2007, 36 CLC (HCD)

....her provisions of the Rules, 2007 are silent as to what happens to a person taken in custody after lodgment of the FIR, but investigation is not concluded within that time limit. 3. On the other hand, the Rule issued in Criminal Miscellaneous Case No.12489 of 2007 is about the bail petition in ......¢à§‡à¦‰ টিন) by the accused petitioner, along with other co-accuseds one of them being an ex-MP. In this case Police Report was not submitted till 28.10.2007 nor the case was sanctioned by the Government under the Rules, 2007 as stated in the supplementary Affidavit. 6. The Rule issued in......o.1, Lalpur, Natore to the satisfaction of the learned Chief Judicial Magistrate, Natore. Communicate this order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 111. ..

Category: Anti-Corruption Laws | Date: 3 Dec, 2007 | Hits: 139

Bengal Glass Works Limited Vs. Customs, Excise and VAT Appellate Tribunal, Jotsna Complex, 2007, 36 CLC (HCD)

....id input VAT at the time of import. Under section 9(1) of the VAT Act, it is entitled to credit the rebate of said VAT and accordingly, credited said VAT in the Current Account. 23. On the other hand, the VAT authority cancelled such credit saying that such rebate was not available without perm......lass bottles of pharmaceutical industries and approximately 75 percent of glass bulb shells of country's electric bulb manufacturing companies. It was one of the highest tax-payers in the region covering the Demra Circle. Yearly turnover of the company was approximately taka 400.00 million (gros......78,40,997.85 by crediting the sum to the Current Account of the petitioner. Send down the lower court's record at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 18. ..

Category: Fiscal/Taxation Law | Date: 26 Nov, 2007 | Hits: 9

Mrs. Zakia Doha Vs. Rajdhani Unnayan Kartipakha, 2007, 36 CLC (HCD)

....n 14.12.1970, the owner Mrs. Atia Siddiqui out of natural love and affection made an oral gift of the case property to the petitioner in presence of wit­nesses according to the Mohammedan Law and handed over the relevant papers in reject of the said property to the donee which she accepted. On t......lip;…………Respondents (In Writ Petition No.5721 of 1997) Judgment November 15, 2007. Result: The Rules are discharged. Cases Referred to- Government of Bangladesh Appellant Vs. Md. Jalil and others, 15 BLD (AD) 175=49 DLR (AD) 26; Banglade......hout any order as to costs. 40. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009)  254. ..

Category: Abandoned Properties Law | Date: 15 Nov, 2007 | Hits: 6

Abul Khair Condensed Milk and Beverage Ltd. Vs. Commissioner of Customs and others, 2007, 36 CLC (HCD)

....ated by Punch Machine and given to the other Assistant of the section (Treasury Speed Section or Delivery Section). This Assistant keeps the 2nd copy of the Assessment Notice in the Speed Section and hands over the original copy of Assessment Notice to the C and F Agent. He also gives the 1st and 2n......y Punch Machine and given to the other Assistant of the section (Treasury Speed Section or Delivery Section). This Assistant keeps the 2nd copy of the Assessment Notice in the Speed Section and hands over the original copy of Assessment Notice to the C and F Agent. He also gives the 1st and 2nd copy......omes due after such final assessment is paid in cash within a period of two months of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 555. ..

Category: Fiscal/Taxation Law | Date: 17 Sep, 2007 | Hits: 66

Nazir Hossain (Md.) Vs. Zubaed Md. Adel and others, 2007, 36 CLC (HCD)

.... reported in 7 BLC 54 and Yousuf Bepari Vs. State reported in 10 BLC (AD) 146. 7. Mr. Abdur Razak Khan, learned Advo­cate, appearing for the acquitted accused oppo­site parties, on the other hand, submits that, prosecution through interested persons tried to prove a false case in Court but......4 and thereby fallen into error of law and fact in acquitting the accused opposite parties. Learned Advocate further submits that bal­listic expert report (Exhibit 10) shows that the cartridge recovered from in front of Nira Nipa Pharmacy fits with the gun seized from Jahangir Md. Adel, as such......7-2003. In the result, this Rule is discharged. Communicate this order at once. Send down the lower Court records. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 849. ..

Category: Criminal Law | Date: 5 Sep, 2007 | Hits: 8

Mosharraf Hossain (Md.) Vs. Bangladesh Bank and another, 2007, 36 CLC (HCD)

.... 24. We have also considered the decision as referred by Mr. Chowdhury but the facts and circumstances of the said decision are distinguishable and so not applicable in this case. 25. On the other hand, the decisions as referred by Mr. Mollah (vide Annexure-A3, A4 and A5 to the supplementary affi...... Bank and another……………………………………………Respondents Judgment September 3, 2007. Result: The Rule is discharged. Case Referred to- Satish Barker Vs. The Governor, Bangladesh Bank, Dhaka and others, in Writ Petition No.5882 of 2000. Lawyers Involved: ......find no merit in this Rule. Accordingly, the Rule is discharged without any order as to costs. The order of stay stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008)98. ..

Category: Banking Law | Date: 3 Sep, 2007 | Hits: 403

BRAC Printers Vs. Chairman, First Labour Court and another, 2007, 36 CLC (HCD)

.... the respondents-workers is in reality victimization of the workers for their trade union activities. Therefore, the principle expressed in the case reported in 28 DLR (AD) 190 applies to the case in hand. In the case of Chairman, Bangladesh Machine Tools Factory Ltd. Vs. Chairman 2nd, Labour Court ...... Nisi, the operation of the impugned judgment was stayed in all the above Writ Petitions. 4. The facts leading to the issuance of the above Rules, in brief, are: 5. The petitioner is a non-government, non-profiteering and voluntary organization, namely, BRAC, which has an office at Tongi, ......dent No.2 was elected assistant general secretary in the election of Collective Bargaining Agent, (CBA) for two consecutive terms such as 1996-1997 and 1998. He acted as the bargaining agent with the management to achieve the demand of the workers at that time. 7. In Writ Petition No.8121 of 20..

Category: Labour and Industrial Law | Date: 28 Aug, 2007 | Hits: 19

Isahaque Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)

....s house with bad intention to damage the modes­ty of his wife, Monowara Begum. It is further stated that accused Enamul came there and tried his level best to snatch away the accused Aza from his hands but failed; that the accused Enamul called others to make accused Aza free; that the witnesse...... is made out beyond reasonable doubt, then only conviction can be awarded. In such circum­stances, the prosecution case has to rest on its own strength and not on the weakness of the defence. The governing principle is known as that of standard of proof. Absolute standard of proof does not exist......e, who are already on bail by this Division, are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ..

Category: Criminal Law | Date: 16 Aug, 2007 | Hits: 9

State Vs. Tipu Gazi and others, 2007, 36 CLC (HCD)

....nd 172 of 2005 are disposed of. Lawyers Involved: Yusuf Hossain Humayun with Mostafa Jamal, Advocates-For the Condemned-Prisoners.  Md. Abu Bakar Siddiqui, Deputy Attorney-General with Khandaker Aminul Haque Assistant Attorney-General Nowazish Ara Begum, Assistant Attorney-General-For ......to know about involvement of 2 other accused namely Sikandar and Niranjan. It was further stated by him that witnesses Bazlu, Mahbub, Jalal Howlader, Rizia Begum, Shahjahan and Momin Gazi were gained over by the accused. Accused Tipu, Moti, Sohel, Mizanur Rahman and Niranjan were absconding. He furt...... once, if not wanted in any other connection. Send down lower tribunal records along with a copy of this, judgment expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 516. ..

Category: Criminal Law | Date: 15 Aug, 2007 | Hits: 26

Mrs. Fatema Begum Vs. State, 2007, 36 CLC (HCD)

.... examine any person as neutral witness which cannot form the basis of the Enquiry report…………………………(9) Lawyers Involved: Manzil Murshid-For the Petitioner.  Khandaker Diluruzzaman, Assistant Attorney-General with Salma Rahman, Assistant Attorney-General-For ......ighbouring people reached there then said accused Opposite party Nos.2-8 left the scene with threat to the complainant of total annihilation of her family members if any case is filed with the police over the matter. Thereafter the wounded complainant petitioner and her witnesses were taken to Dhaka......om the date of receipt of this order in accordance with law after giving opportunity of hearing to the complainant petitioner. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 502. ..

Category: Women and Children | Date: 13 Aug, 2007 | Hits: 21

Islam Enterprise Vs. Commissioner of Taxes and another, 2007, 36 CLC (HCD)

....ficer, Bahawalpur (1966) 18 DLR (SC) 487; M/S. Inland Navigation Co. Ltd. of Chittagong Vs. The Income Tax Officer, Companies Circle, Chittagong (1967) 19 DLR 871; Commissioner of Income-Tax Vs. Khemchand Ramdas (1938) 6 ITR 414 PC; Venkatachalam Vs. Bombay Dyeing and Manufacturing Co. Ltd. (1958) 3......tisfied on the basis of proof. Equally, in case of disallowance of any expense, an Income Tax Officer is obliged to give clear reasons for disallowance of each and every item of expenses claimed. Moreover, when a substantial part of the expenses claimed could not be accepted, the income tax officer ......e applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 425. ..

Category: Fiscal/Taxation Law | Date: 9 Aug, 2007 | Hits: 31

State Vs. Saidul and others, 2007, 36 CLC (HCD)

....ng in the said shoe factory of P.W.18, Lalu and while they were asleep, the accused Saidul, Adel and Badil entered into the factory early in the morning of 9-4-2002 at about 5-30 AM and tied up their hands and feet and assaulted them there and thereafter, set fire on their body by pouring petrol on ......aid first information report, Lalbag Police Station Case No.15 dated 9-4-2002 was initiated. Hence, the case. 4. The Police took up investigation of the case, visited the place of occurrence, recovered injured victims from the place of occurrence, sent them to Dhaka Medical College Hospital for......ted in connection with any other case. Let the Lower Court Record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 739. ..

Category: Criminal Law | Date: 9 Aug, 2007 | Hits: 25

Mosammat Momina Begum Vs. Additional District Judge and Bankruptcy Court, Dhaka and others, 2007, 36 CLC (HCD)

....t no notice/summon was served upon the petitioner and as such the impugned Judgment and decree so far it relates to the petitioner is liable to be set aside. 4. Mr. Md. Mamnur Rashid, on the other hand, appearing on behalf of the Respondent-bank by filing an affidavit-in-Opposition opposes the Ru......at the allegation made by the petitioner in the Writ Petition involves determination of question of facts and for which remedy lies in the Civil Court and not under the summary Writ Jurisdiction, Moreover, there was special provision for appeal against the Judgment and decree passed by the Bankruptc......ny order as to costs. The order of stay granted at the time of issuance of the rule stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 29. ..

Category: Banking Law | Date: 9 Aug, 2007 | Hits: 565

Abdul Majid (Md.) Vs. State, 2007, 36 CLC (HCD)

....orted about the incident of rape to her mother, brother Mohsin and Chairman Shamsur Rahman but they were not cited as witness in this case. She also admitted that the accused Majid had no arms in his hand while he was committing rape and the night was dark and there was no light in the hut. The info...... not to shout otherwise she would be killed. Then the accused forcibly raped her against her consent. Thereafter, the informant tried to catch hold of the accused and started shouting but the accused over­powered her and managed to flee away. In the meantime, Yasin, a brother of the informant, and ......ith if not wanted in connection with any other case. Lower Court's record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 52. ..

Category: Women and Children | Date: 24 Jul, 2007 | Hits: 159

Md. Hanifa and another Vs. State, 2007, 36 CLC (HCD)

....d and took away the deceased victim Mainuddin from his house. Finally, the learned Advocate submits that the investigation of the case has been going on over a period of 10 months and on the other hand, old aged parents of the petitioners are suffering from ailment as well as mental anxiety for ...... and heard that the accused petitioners called and took away the deceased victim Mainuddin from his house. Finally, the learned Advocate submits that the investigation of the case has been going on over a period of 10 months and on the other hand, old aged parents of the petitioners are suffering......302/34 of the Penal Code, now pending in the Court of Magistrate, 1st Class, Narsingdi. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 66. ..

Category: Criminal Law | Date: 17 Jul, 2007 | Hits: 3

Roni Ahmed Liton @ Liton Ahmed Roni Vs. State, 2007, 36 CLC (HCD)

....matter and it was settled that the accused will pay 60,000 as dowry and also give 5 Kedar of land, but the terms of compromise was not complied with fully. Hence this case. 4. SI Niranjit Kumar Chandra took up the investigation who visited the place of occurrence, prepared sketch map with separ......who, on the basis of materials available on record, framed charge against the accused Roni Ahmed Liton @ Liton Ahmed Roni under section 9(1) of the Nari-o- Shishu Nirjatan Daman Ain, 2000 and read it over to him in open court, who pleaded not guilty and demanded for trial. 6. The prosecution ha...... in any other case. Send down the LCR along with copy of the judgment expeditiously. Ed. This Case is also Reported in:  61 DLR (HCD) (2009) 147,29 BLD (HCD) (2009) 386.  ..

Category: Women and Children | Date: 3 Jun, 2007 | Hits: 14

State Vs. Yeasin Khan Palash, 2007, 36 CLC (HCD)

....§‡ পড়েছে" and then they made fire simultaneously aiming the car and at this stage Kala Palash came from the left side and fired at Mizan. This witness further on showing injury marks on his hand, chest and back stated that he sustained 7 (seven) gunshot injuries on his person. This witness.......07.2003 passed by the learned Judge of the Druta Bichar Tribunal No.1 in Druta Bichar Tribunal Case No.6 of 2003, they have been heard together and are being disposed of by this judgment which will govern all the Appeals including Death Reference. 5. The prosecution case in short is that on 29.0...... the Code of Criminal Procedure is rejected. Let a copy of the judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 469. ..

Category: Criminal Law | Date: 3 Jun, 2007 | Hits: 20