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

....in Session Case No.1 of 1994 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J.- I agree. This Case is also Reported in: ......in Session Case No.1 of 1994 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J.- I agree. This Case is also Reported in: ......ellants are released from their bail bond. Send down the lower Court records. Borhanuddin J.- I agree. This Case is also Reported in: ......500/-. On receipt of the same, the informant doubted its genuinity and showed it to his neighboring shop keeper Sawpon, who also thought the note to be a fake one. They asked him (Seru Mia) about the source of the note, when he pointed his finger to the appellant in Criminal Appeal No.25 of 1997, Md..

Category: Criminal Law | Date: | Hits: 111

Abdul Mannan Khan Vs. Government of the Peo­ple's Republic of Bangla­desh & others, 1990, 19 CLC (HCD)

....hmedabad; 1989 BLD (AD) 25, corresponding to 41DLR (AD) 30, Sheikh Abdus Sabur Vs. Returning Officer, District Education Officer-in-Charge, Gopalganj and ors; AIR 1930 (PC) 54, Commissioner of Income-tax, Bombay Presidency Vs. Bombay Trust Corporation Ltd.; AIR 1960 (Bomb.) 61 Smt, Khatizabai Mohome.......90. As the hearing could not be completed, we heard the matter to-day, the 17th February, 1990, Saturday and delivered the judgment. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 316. ......gment February 17, 1990. Result: The Rule was made re­turnable. Cases Referred to- AIR 1951 (SC) 41, Charanjit Lal Chowdhury Vs. The Union of India and others; AIR 1952 (SC) 75, The State of West Bengal Vs. Anwar Ali Sarker and another; AIR 1963 (S.C) 268, J Pandurangarso Vs. The And.......90. As the hearing could not be completed, we heard the matter to-day, the 17th February, 1990, Saturday and delivered the judgment. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 316. ..

Category: Election Law | Date: | Hits: 391

Motiur Rahman Vs. AKM Shamsul Alamin and another, 2010, 39 CLC (HCD)

....aintiff paid Taka 75,000 to the defendant. Ultimately, the defendant No.1 delivered possession of the land to the plaintiff, who subsequently came to know that defendant No.1 did not apply for income tax clearance certificate. The plaintiff had to send a notice to defendant No.1 asking him to execut......s Appeal No.76 of 1997 is hereby maintained. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 449. ......nd another…………………Opposite Parties Judgment July 18, 2010. Result: The Rule is discharged. Lawyers Involved: No one appears - For the Petitioners. Abdul Quayum, Advocate with Selim Reza Chowdhury Advocates - For the Opposite Parties 1(a)-1(e). Civil Revision No. ......s Appeal No.76 of 1997 is hereby maintained. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 449. ..

Category: Procedural Law | Date: | Hits: 170

Tarique Rahman Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....y, the Rule is discharged without any order as to costs. The trial Court is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ......y, the Rule is discharged without any order as to costs. The trial Court is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ......tioner Vs. Government of Bangladesh and others………………..Respondents Judgment September 9, 2010. Result: The Rule is discharged. Cases Referred to- Marks Vs. United States, 430 US 188 (1977); Beazell Vs. Ohio, 269 US 167 (1925); State Vs. Mirza Abbas, 15 MLR (AD) 141......(AD) 233 which was also initiated under section 561A. In the above case the Appellate Division held as under: "Whether the appellant has disproportionate wealth, whether he has concealed his known source of income, whether there is mis-joinder of charges and whether the trial of the appellant on ..

Category: Criminal Law | Date: | Hits: 112

MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)

....ellaneous case by a letter dated 23.11.68 and as such he could not pay rents of the suit holding in the absence of the heirs of late Bhabani Prassad Saha; that he paid Tk. 2,272.55 paisa as Municipal tax, Sweeper tax, Water Supply tax, etc. from 1968 to February, 1977 in the absence of the landlord,......ut any order as to costs. The order of stay granted by this Court is vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 348. ......Merajuddin Ahmed Vs. Md. Anwarul Islam & another 26 DLR 314; 33 DLR (AD) 55; 29 DLR (SC) 13; 29 DLR 314; 17 DLR 677; 19 DLR 905; 19 DLR 314. Lawyers Involved: Akram Hossain Amin, Advocate ‑ For the Petitioner. Md. Abdul Majid, Advocate- For the Opposite Party No.1. Civi......ut any order as to costs. The order of stay granted by this Court is vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 348. ..

Category: Civil Law | Date: | Hits: 140

Hyundai Corporation Vs. Deputy Commissioner of Taxes, Dhaka and another, 1999, 18 CLC (HCD)

....f the petitioner in Dhaka, Bangladesh, a convention between the Government of the People’s Republic of Bangladesh and the People’s Republic of Korea was prepared and signed for avoiding of double taxation and also for prevention of Fiscal Evasion with respect to taxes on income. This convention ......n is not assessable in Bangladesh for the reasons as aforesaid the order of attachment is found to be illegal and without jurisdiction. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 333.......ase is also Reported in: 51 DLR (1999) (HCD) 333.......n is not assessable in Bangladesh for the reasons as aforesaid the order of attachment is found to be illegal and without jurisdiction. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 333...

Category: Fiscal/Taxation Law | Date: | Hits: 254

Delicia Dairy Food Ltd. Vs. Collector of Customs and others, 1998, 17 CLC (HCD)

.... 9. Petitioner was served with the notice dated 12-3-94 (Annexure-D to the petition) to deposit an amount of Taka 8,00,025.00 towards short-levied customs duty, vat, licence fee and advance income tax within in 15 days from the date of receipt of the notice. In case of his failure the authority w......should be discharged on the said ground. In view of the discussion made above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 381.......tor of Customs and others ………………….Respondent Judgment June 25, 1998. Result: The Rule is discharged without any order as to costs. Cases Referred to- Rahima Food Corporation Ltd. Vs. Deputy Collector of Customs and others, 49 DLR 510; Md. Shahidullah Vs. Collector of ......should be discharged on the said ground. In view of the discussion made above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 381...

Category: Fiscal/Taxation Law | Date: | Hits: 189

Trading Corporation of Bangladesh Vs. Commissioner, Customs, Excise and VAT Commissionarate and others, 2010, 39 CLC (HCD)

....t appears from Demand (Annexure-C). On appeal this claim of Demand was set aside by the Commissioner (Appeal) respondents No.1 holding that the petitioner is not required to pay any trade value added taxes. Thereafter we found that the petitioner put forward his claim of refund of the amount paid on......und of the claimed amount of the petitioner forthwith preferably within 1(one) month from the date of receipt of this order positively. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 471.......s Case is also Reported in: 62 DLR (HCD) (2010) 471.......und of the claimed amount of the petitioner forthwith preferably within 1(one) month from the date of receipt of this order positively. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 471...

Category: Fiscal/Taxation Law | Date: | Hits: 323

Bangladesh Environment Lawyers Association (BELA) Vs. Bangladesh, 2010, 39 CLC (HCD)

....he injunction order granted earlier by this Court stands vacated. Communicate this Judgment and order to the respondents accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 463. ......he injunction order granted earlier by this Court stands vacated. Communicate this Judgment and order to the respondents accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 463. ......n: 62 DLR (HCD) (2010) 463. ......that the environment and ecology of the country are being continuously endangered and threatened by various activities originating from both public and private affairs. Amongst the primary causes and sources of environmental degradation remain the unregulated operations of commercial activities ofte..

Category: Environmental Law | Date: | Hits: 1019

Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)

....9. It appears that the general functions of the Corporation, its executive powers, conduct of business, appointment of its employees except the Chief Executive Officer, preparation of budget, levy of taxes, rates, cases, etc. are all to be conducted and made on half of the Corporation and to that en......spects and they shall be so treated by all concerned. In the result, the Rule is made absolute but without any other as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 201. ................Petitioners Vs. Government of Bangladesh and 3 others.................Respondents Judgment August 16, 2004. Result: The Rule is made absolute. Cases Referred to- Kudrat-e-Elahi Panir Vs. Bangladesh, 44 DLR AD 319 at paras 66 and 72; Indra Sawhney etc Vs. Union of In......is respect the Romans were far ahead of other civilizations. Around 451 BC, the Decemvirs, on consultations of the Grecian laws and customs, framed a code of laws known as Twelve Tables—the ancient source of law. One of the important provisions in the said Code was on the law on marriage. This ins..

Category: Constitutional Law | Date: | Hits: 443

Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)

....o not find any substance in the submission for the learned Counsel of the appellants. The appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: ......o not find any substance in the submission for the learned Counsel of the appellants. The appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: ...... in the submission for the learned Counsel of the appellants. The appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: ......o not find any substance in the submission for the learned Counsel of the appellants. The appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 111

Sheerin Alam Chowdhury Vs. Captain Shamsul Alam Chowdhury, 1995, 24 CLC (HCD)

.... been surrendered by her in consideration for the dissolution of marriage through ‘khula’. There shall be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 79. ...... been surrendered by her in consideration for the dissolution of marriage through ‘khula’. There shall be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 79. ......Revision No. 604 of 1993 is discharged. Cases Referred to- PLD 1967 (Sc) 97; PLD 1959 (WP) Lahore 93; 17 DLR 687; 32 DLR 94; Mst. Khurshid Bibi Vs. Baboo Muhammad Amin, 19 DLR (SC) 97; Bilquis Fatema Vs. Najam‑ul‑Ikram, 11 DLR (WP Lahore) page 109. Lawyers Involved: Dr. Rafiqur Rahma......he same form in making the order. So long as the order was made by the Holy Prophet and the Caliphs in exercise of the authority of the state or judge, the form of the order is not destructive of the source or substance of the authority of the Qazi, nor makes the pronouncement of Talaq a necessary ..

Category: Family Law | Date: | Hits: 265

Abu Hena Mostafa Kamal & another Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....00-1223/ Circle-26/2010-11/727 under section 93 of the Income Tax Ordinance 1984, issued by the Extra Assistant Commissioner of Taxes Circle-26, Taxes Zone-03, Chittagong attempting to re-open income tax case of the petitioner for the assessment year 2007-2008, should not be declared illegal, withou......es impugned against in all the petitions are hereby declared to have been passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 334. ......gment January 27, 2011. Result: The Rules are made absolute. Cases Referred to- 6 ITR 51; 44 ITR 726; 111 ITR 650. Lawyers Involved: Mosharraf Hossain with Bazlur Rashid, Advocates - For Petitioners (In both Writ Petitions) Abdur Rahim Bhuiyan, Deputy Attorney-General - Fo......h provided for self assessment which was subsequent­ly introduced in Ordinance, 1984 by Finance Act 1990. 14. Under self-assessment scheme all salaried persons, other than their income from other sources, and other classes of tax payers’ money in any income year, will determine their own liabi..

Category: Fiscal/Taxation Law | Date: | Hits: 167

Sadia Chowdhury Parag Vs. Chairman, Film Censor Board & others, 2003, 32 CLC (HCD)

....r as to cost. The Producer and Director of the film "Hason Raja'' is at liberty to release/screen the film without any hindrance from anyone. Ed. This Case is also Reported in: 55 DLR (2003) 445.......r as to cost. The Producer and Director of the film "Hason Raja'' is at liberty to release/screen the film without any hindrance from anyone. Ed. This Case is also Reported in: 55 DLR (2003) 445....... Vs. Chairman, Film Censor Board & others.................Respondents Judgment January 27, 2003. Result: The Rule is discharged. Lawyers Involved: Shorful Islam Khan, Advocate—For the Petitioner. Sigma Huda, Advocate—For Respondent No.3. Writ Petition No.7677 of......তে পারি না।” But he made no attempt to bring back Binodini which he could have easily done thus making it clear that he had no lust for the flesh of Binodini. Binodini was just a source of inspiration to Hason Raja for his faculty to compose songs which were no ordinary songs. H..

Category: Civil Law | Date: | Hits: 210

Kazi Mokhlesur Rahman Vs. Government of the People's Republic of Bangladesh and others, 1996, 25 CLC (HCD)

....be discharged. In the result, this Rule is discharged and in the facts and circumstances of the case we pass no order as to cost. Ed. This case is also Reported in: 49 DLR (HD) (1997) 126. ......be discharged. In the result, this Rule is discharged and in the facts and circumstances of the case we pass no order as to cost. Ed. This case is also Reported in: 49 DLR (HD) (1997) 126. ...... to cost. Ed. This case is also Reported in: 49 DLR (HD) (1997) 126. ......l, submits that these provisions of LR Manual have not been formulated or passed in the form of Rules or Regulations in pursuance of and referring to any Act or Ordinance. He submits that there is no source of any legislation from which the provisions of LR manual have been originated. He submits th..

Category: Others | Date: | Hits: 212

Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)

....the interpretation of several provisions of the Constitution are involved in the instant cases, the certificate prayed for is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. ......the interpretation of several provisions of the Constitution are involved in the instant cases, the certificate prayed for is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. ......is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. ......ountry and his family members, and usurped the power of the country. He was nothing but a de facto unconstitutional Ruler. Since he usurped the power in unconstitutional manner, he cannot be called a source of law or law giver and if any law is given by him, it cannot be called a law in the eye of t..

Category: Criminal Law | Date: | Hits: 202

Ali Azam Vs. Md. Majibullah, 2002, 31 CLC (HCD)

....The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 412. ......The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 412. ......………………………………….Opposite Party Judgment July 16, 2002. Result: The Rule is discharged. Cases Referred to- Bhrigurashram Missir and another Vs. Surendra Nath Mitra and another, AIR 1962 (Patna) 204; Joydayal Poddar Vs. Bibi Bajera and others, AIR 1974 SC......test, uniformly applicable in all situations, can be laid down, yet in weighing the probabilities and for gathering the relevant indicia, the courts are usually guided by these circumstances, (1) the source from which the purchase money came; (2) the nature and possession of the property, after the ..

Category: Property Law | Date: | Hits: 103

Insab Ali (Md.) Vs. Magistrate (Abu Zafar) Jessore and others, 2010, 39 CLC (HCD)

.... Kg Soybean oil not shown in the seizure list is hereby declared to have been done without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 290. ...... Kg Soybean oil not shown in the seizure list is hereby declared to have been done without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 290. ......upreme Court High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Insab Ali (Md.)……………………Petitioner Vs. Magistrate (Abu Zafar) Jessore and others……………………Respondents Judgment August 10, 2010...... Kg Soybean oil not shown in the seizure list is hereby declared to have been done without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 290. ..

Category: Criminal Law | Date: | Hits: 94

Iqbal Hasan Mahmood Vs. State, 2008, 37 CLC (HCD)

....on the Medical Board stat­ed as under: the satisfaction of the learned Chief Metropolitan Magistrate Dhaka. Communicate the order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 286. ......on the Medical Board stat­ed as under: the satisfaction of the learned Chief Metropolitan Magistrate Dhaka. Communicate the order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 286. ......of the learned Chief Metropolitan Magistrate Dhaka. Communicate the order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 286. ......in default to suffer rigorous imprisonment for 1 (one) year more and also confiscating the proper­ties in the name of the appellant in favour of the state alleged to be disproportionate to his legal source of incomes. 3. After the declaration of the state of Emergency on 3rd February, 2007 the a..

Category: Criminal Law | Date: | Hits: 125

Commissioner of Taxes, Dhaka Vs. MA Hossain & Co., 1992, 21 CLC (HCD)

....fied in holding that the appeals are time barred counting the period of limitation of 60 lays from 15.1.86, when the order of the appellate Joint Commissioner was served on the Deputy Commissioner of taxes, inasmuch as under section 33(2) of the Income‑Tax Act and section 158(4) of Ordinance XXXVI......cting the appeal on the ground of limitation we answer the question in the negative. The parties are to bear their own costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 282....... the question in the negative. The parties are to bear their own costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 282.......cting the appeal on the ground of limitation we answer the question in the negative. The parties are to bear their own costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 282...

Category: Procedural Law | Date: | Hits: 103