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State and another Vs. Shahidur Rahman alias Shahid and another, 2009, 38 CLC (AD)

....f the High Court Division calls for no interference by this Court. In the result all the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 358. ......as buried. On the same day at 11.25 P.M. Abdul Hye Bhuiya, a political associate of the deceased lodged First Information Report with Sutrapur Police Station. The police after investigation of the case submitted final report against which the informant filed a naraji petition. The learned Magist..

Category: Criminal Law | Date: | Hits: 63

Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 2008, 37 CLC (AD)

....r profession so as to be deducted from the income under section 29(1)(XXVII) of the Income Tax Ordinance? 37. The word Zakat means growth or purification and sadaqa which is derived from the root sidq, means truth and signifies a charit­able deed. But all sadaqas are not Zakat. The sad......judgment of the High Court Divi­sion dated April 27, 2004 passed in Income Tax Reference Application Nos. 31 of 2000, 32 of 2000 and 24 of 1997 answering the question in the first two reference cases in the affirmative and in the last mentioned reference case in the negative and thereby upho..

Category: Fiscal/Taxation Law | Date: | Hits: 145

Azizullah (Md) and others Vs. State and others, 2009, 38 CLC (AD)

....session of Holding No.59/1 Purana Paltan to the respondent No.4 is set aside. There will be no order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 142, 16 MLR (AD) (2011) 117.......session of Holding No.59/1 Purana Paltan to the respondent No.4 is set aside. There will be no order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 142, 16 MLR (AD) (2011) 117...

Category: Criminal Law | Date: | Hits: 62

Monirul Islam Vs. State and another, 2009, 38 CLC (HCD)

....istrate), Moyeshkhali, Cox's Bazar is quashed. Let a copy of the judgment be sent forthwith. Sheikh Rezowan Ali J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 327. ....... The Additional District Magistrate directed the Upazila Nirbahi Officer to take legal action in the matter. Thereafter the Upazila Nirbahi Officer sent a letter to inform the latest position of the case to the Chairman of Moyeshkhali Pourashava. The Pourashava Chairman passed his order that the co..

Category: Criminal Law | Date: | Hits: 93

Md. Ekram Hossain Bhuiyan Vs. Matiar Rahman Bhuiyan and others, 2008, 37 CLC (HCD)

....pposite party No. 1 is dismissed. Let a copy of the judgment along with LC records be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 201; 14 MLR (HCD) (2009) 175. ......llaneous Case No.65 of 1997 allowing the application for pre-emption. 2. The material facts relevant for disposal of this Rule are that the Opposite Party No.1 as pre-emptor instituted pre-emption case No.65 of 1997 under section 96 of the State Acquisition and Tenancy Act, 1950 in the Court of l..

Category: Property Law | Date: | Hits: 37

Muzaidul Islam Vs. Bangladesh, 2009, 38 CLC (HCD)

....;                   Mir Hashmat Ali J. I agree. Ed. This Case is also Reported in: ......as in Annexure–C to the writ petition against the petitioners appointment should not be declared to have been made without any lawful authority and is of no legal effect. 2. It is the case of the petitioners’ are that the Ministry of Establishment vide Memo No. ME (Admin-3) re..

Category: Constitutional Law | Date: | Hits: 132

S.M. Zakir Hossain Vs. Bangladesh, 2009, CLC (HCD)

....                     Mir Hashmat Ali J.- I agree. This Case is also Reported in:  ......ed Aminul Hoque as Principal of Syed Bazlul Hoque College, Banari Para, Barisal and Mr. Tarun Kanti Boruya as Principal for Rangunia College, Chittagong who obtained 3rd Class in Hon’s but in case of petitioner discriminately regret prior approval and he argued that the petitioner is entit..

Category: Constitutional Law | Date: | Hits: 121

Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)

....c insight of a new legal concept and making this flexible instrument serve the needs of the people of this great nation without sacrificing its essential futures and basic principles which lie at the root of Indian democracy.” 63. A careful examination of the constitutional provisions will show......6DLR (AD) 199, Kazi Muklesur Rahman Vs. Bangladesh 26DLR (SC) 44; Dr. Mohiuddin Farooque Vs. Bangladesh 49 DLR (AD) 1, Registrar of University of Dhaka Vs. Zakir Ahmed 16 DLR SC 722, Sankar Chand’s case, AIR 1977 S.C. 2328, Reference re-amendment of Constitution of Canada, 123 DLR(3rd)1,84; State ..

Category: Constitutional Law | Date: | Hits: 251

M/S. Classic Fashion Limited Vs. Mrs. Asrafunnessa Dana and another, 2009, 38 CLC (AD)

.... Security of TK.1000.00 is to be deposited with one month from date. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ......judgment and decree dated 04.05.2000 of the then Subordinate Judge (now Joint District Judge), 5th Court, Dhaka in Money Suit No.72 of 1995 decreeing the suit. 2. The facts involved in the case, in short are that the plaintiff is the owner of the premises at 35/11 Shantigangar, Dhaka; th..

Category: Civil Law | Date: | Hits: 110

Md. Yakub Ali Vs. Nazir Ahmed and others, 2009, 38 CLC (AD)

....he above, 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: ......Court, Noakhali in Title Appeal No.122 of 2000 setting aside those dated 25.05.2002 passed by the 3rd Additional Assistant Judge-in-charge in Title Suit No.163 of 1998. 2. The facts of the case, in short, are that the plaintiff instituted Title  Suit No.163 of 1998 in the 3rd Additi..

Category: Property Law | Date: | Hits: 29

Md. Sadequl Alam Vs. Md. Mofizul Haque (Jalal) and others, 2009, 38 CLC (AD)

.... of the above, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......apaigawabganj in Title Appeal No.78 of 2000 reversing those dated 04.07.2000 passed by the Senior Assistant Judge in Other Class Suit No.310 of 1987 decreeing the suit. 2. The facts of the case, in short, are that the original owner of the suit land was Mofizul Hoque that the plaintiff e..

Category: Property Law | Date: | Hits: 27

Golam Mostafa and others Vs. Government of the People’s Republic of Bangladesh, 2007, 36 CLC (AD)

....e do not find any cogent ground to interfere with the same. This Petition is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in:   ......e do not find any cogent ground to interfere with the same. This Petition is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in:   ..

Category: Property Law | Date: | Hits: 25

Md. Lukman Vs. Rustom Khan and others, 2008, 37 CLC (AD)

.... above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......Division in Civil Revision No.2350 of 2002 disposing of the Rule setting aside both judgments and decrees of the Courts below declaring all the suit schedule as vested. 2. The facts of the case, in short, are Zulkadar Khan, father of the plaintiffs filed Money Suit No.5 of 1979 in the Co..

Category: Property Law | Date: | Hits: 51

Special Reference No.1 of 2009, 38 CLC (AD)

....e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ....... Authority has started New Market P.S. Case No.9 dated 6.4.2009 in respect of the occurrence that took place in Peelkhana and about 1779 persons have so far been arrested in connection with the said case. For the offences committed outside Peelkhana authority has lodged 40 CR cases before the Court..

Category: Constitutional Law | Date: | Hits: 289

Janab Ali (Md.) and another Vs. Salema Khatun and others, 2009, 38 CLC (AD)

....03. Thus, we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 122. ......re-emption Case No. 32 of 1999 by the learned Assistant Judge, Gouripur, Mymensingh, allowing the pre-emption. 2. The pre-emptee is the leave petitioner. The pre-emptor filed the pre-emption case claiming to be co-sharer in the case jote within limitation deposit­ing the deed value to..

Category: Property Law | Date: | Hits: 38

Syed Nurul Azim Babar Vs. State, 2009, 38 CLC (AD)

....on of the deceased. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 66; VI ADC (2009) 709.......procedure. Thereafter, the father of the victim, Md. Aminullah (P.W.1) filed a petition on 01.04.2002 with the Officer-in-charge (O.C.) of Laxmipur Police Station pray­ing for reinvestigation of the case. The O.C. filed an application with the District Magistrate on 04.04.2002, to reinvestigation t..

Category: Criminal Law | Date: | Hits: 60

State Vs. Lal Miah@ Abdul Bari, 2009, 38 CLC (AD)

....iew of the matter, we find no cogent ground for our interference. Accordingly, all the petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 706. ...... Lawyers Involved: Akram Hossain Chowdhury, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Not Represented- the Respondents. (In the all cases) Criminal Petition for Leave to Appeal Nos.270-273 of 2007.     &n..

Category: Criminal Law | Date: | Hits: 53

Shamsu Meah and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)

....bservation of the High Court Division on the merit, of the case will have no bearing while deciding the dispute by any civil Court. Ed. This Case is also Reported in: VI ADC (2009) 702. ...... 442 of 2005) Vs. The Government of Bangladesh represented by the Secretary, Ministry of Housing and Public Works, Secretariat Building, Dhaka and others.......Respondents (In all the cases). Judgment June 21, 2009. Lawyers Involved: Khondker Mahbubuddin ..

Category: Property Law | Date: | Hits: 34

Md. Abu Sufian and others Vs. Ferdoshi Begum and others, 2009, 38 CLC (AD)

....nd no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 698. ......h Court Division's direction and under its supervision. There are serious allega­tions against the respondent Nos. 32 and 33 for misappropriation of money from the company's account and various cases are pending against them. So, in order to maintain transparency and to protect the interest ..

Category: Business or Commercial Law | Date: | Hits: 199

Saleh Ahmed and others Vs. Amena Bewa and others, 2008, 37 CLC (AD)

....to inherent power of the court for rejecting plaint. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 695. ...... a written statement contending, inter-alia, that Chhakkun Miah was the C.S. recorded tenant and thereafter the suit property was recorded in S.A. khatian in the name of Abdul Halim. It was further case of the defendant that the plaintiffs are the heirs of the recorded tenant nor has any interest..

Category: Civil Law | Date: | Hits: 94