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Anil Chandra Paul Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
....se is also Reported in: 57 DLR (2005) 756. ......d the file of the assessee applicant and arbitrarily assessed Taka 5,40,00,000 (Taka five crore forty lac) as income from other sources under section 19(5) of the Income Tax Ordinance, 1984. Moreover the said amount admittedly was not in existence on 30‑6‑2000 in the account of the assessee......raised herein are required to be answered at this moment. With the above observations this reference application is disposed of. Ed. This Case is also Reported in: 57 DLR (2005) 756. ..Category: Fiscal/Taxation Law | Date: 19 Mar, 2005 | Hits: 4
Mohiruddin Mondal alias Md. Mohiruddin Mondal and others Vs. State, 2005, 34 CLC (HCD)
....enal Code sentencing each of them to a fine of Taka 1000 (one thousand) in default to suffer imprisonment for 1 (one) month and petitioners Nos.5 to 11 Babu Mollah alias Hajee Babu Mollah, Md. Manik Chand alias Manik Chand, Fakir Chand, Md. Moktar Hossain, A Gafur alias Md. Abdul Gafur, Amjad alias ......Samad were treatment in the hospital whereby the delay was caused in filing this case. 3. After filing of the case Sahajadpur PS Case No.5 dated 17‑6‑1983 was started and the case was handed over to Khandaker Mosharraf Hossain for investigation, who, after getting the case, visited the plac......r within 3(three) months to his bail bond to serve out the sentence imposed on him. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 779. ..Category: Criminal Law | Date: 14 Mar, 2005 | Hits: 4
Star Jute Mills Ltd. Vs. Chairman Labour Court, Khulna and others, 2005, 34 CLC (AD)
....ts and circumstances of the case, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petitions are dismissed. Ed. This Case is also Reported in: ......aka one crore thirty-two lac) was disbursed to the workers and employees as their wages and allowances. However, since there was some shortage of funds to meet the demands of the workers, some of the over enthusiastic workers and some outsiders started unruly activities, damaged the mills properties......he CBA in 1971, 1987, 1989 and 1994. The other respondents No.3-9 were supporters of Mr. SM Golam Harman. All the said respondents used to take part in Trade Union and used to raise voice against the management of the petitioner for their unlawful activities. 17-3-2001 was Eid-ul-Azha day and before..Category: Employment/Service Law | Date: 12 Mar, 2005 | Hits: 110
AK Fazlul Hoque Vs. Secretary, Ministry of Housing and Works and others, 2005, 34 CLC (HCD)
.... said memo it has been mentioned that when there is no dispute a government servant is entitled to get pension and that in the instant case there is no dispute except that the writ petitioner did not hand over the possession of the Government accommodation on his retirement and there would be no bar......tent allowed under Article 2:12 of the Memo No.অম/অবি/বিধি/পেনশন/৩-পি-২৬/৯৪/১ৠdated 1‑6‑1994 issued by Finance Division of the Ministry of Finance, Government of the People's Republic of Bangladesh, within 21 days from the date of receipt of the......ed initially, and to submit affidavit of compliance as to service to this Court within two weeks. Ed. This Case is also Reported in: 57 DLR (2005) 725. ..Category: Employment/Service Law | Date: 8 Mar, 2005 | Hits: 2
Hazi Md Hossain @ Md Aowlad Hossain and others VS. Obaidul Haque & others, 2005, 34 CLC (AD)
....ng at decision in the subsequent case the facts and circumstances whereof at the first impression appears to be close or near to the latter case then too the facts and circumstances of the case in hand are to be placed in the scale of justice and equity and then if the scale of justice and equit...... party can be allowed to construct a multi-storied building on the land in excess of his share-Defendant cannot be allowed to build a multi-storied building on the land in excess of his share. Moreover conduct of the defendant clearly demonstrates that once he is allowed to make construction on ....... 21. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to cost. Ed. ..Category: Civil Law | Date: 6 Mar, 2005 | Hits: 308
Category: Property Law | Date: 23 Feb, 2005 | Hits: 5
Category: Company Law | Date: 22 Feb, 2005 | Hits: 364
Siraj Miah Vs. Mohammad Miah and others, 2005, CLC (HCD)
....rred to- Pordil Khan Vs. Sufaid Gul and others, 1965 PLD (Peshawar) 259; Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury, 49 DLR (AD) 73; Magu Barma Vs. Bholi Dass, AIR 1914 Cal 331; Sudhir Chandra Shuklabadhya Vs. Amulya Shuklabadhya and others (unreported). Lawyers Involved...... to 3 by acceptance of part payment of Taka 3,500 from one Mohammad Miah out of consideration money of Taka 4,000 executed a Bainapatra for sale for 81 decimals of land on 3‑10-1971 and handed over its possession to him on that day where the said Mohammad Miah is in enjoyment of the right, ti......t No.91 of 1977 renumbered as Title Suit No.52 of 1986 is hereby upheld. Send down the Lower Courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 356. ..Category: Property Law | Date: 7 Feb, 2005 | Hits: 2
Chairman, Sherpur Paurashava Vs. Md. Jahangir Hossain Chowdhury, 2005, 34 CLC (AD)
....-retainable khas land of the original landlord, we do not find any substance in the submission of the learned Counsel for the petitioner. The petitions are dismissed. Ed. ......pur Paurashava seeks leave to appeal against the judgment and order dated 5-11-2002 passed by the High Court Division in Civil Revision Nos. 2076 and 2077 of 1998 held against the petitioner and the Government against the judgment and decree dated 16-3-1998 of the Subordinate Judge, Second Court She......served upon the Government and the Government was not aware of the decree passed in that suit and the same is liable to be declared illegal and void. The suit land is a pond not under the control and management of Sherpur Pourshava, when the defendant filed application for mutation on 25-9-1985 and ..Category: Property Law | Date: 1 Feb, 2005 | Hits: 118
SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....Begunbari Mouza, Tejgaon, Dhaka (ii) the Lease Deed No.4511 dated 9‑10-2002 (Annexure‑L), (iii) letter dated 26‑5‑2003 (Annexure‑N) issued by the office of respondent No.2 directing to hand over possession of the case land and (iv) the threatened dispossession of the petitioner by the......Ed. This Case is also Reported in: 57 DLR (2005) 267. ......o the original owner, the same was included in the list of enemy property in the Tejgaon Police Station VP Case No.566 of 1969 at the behest of certain interested quarters. For proper utilization and management including power to sell off the land, Mrs. Rozario executed and registered a general powe..Category: Property Law | Date: 16 Jan, 2005 | Hits: 7
Monohar Joarder and others Vs. State, 2005, 34 CLC (HCD)
.... State, 44 DLR (AD) 233. Lawyers Involved: Hasan Foez Siddique with Serajul Islam with Farhad Ahmed with Md. Masud Hasan Chowdhury, Advocates- For the Appellants. SM Aminur Rahim Chandan, Assistant Attorney-General‑ For the State. Criminal Appeal No.696 of 1997. ......ctim Asmat Ali and he did not make any attempt to assault on any other vital part of the victim's body and there was also no allegation against other accused persons that they attempted to do any overt act by causing assault on the person of the victim but unfortunately, the victim Asmat Ali die......LC record be sent down to the learned Additional Sessions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ..Category: Criminal Law | Date: 15 Jan, 2005 | Hits: 3
Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)
....e Kabala in favour of the plaintiffs…………………………(24) Cases referred to: Pandurang Jivaji Apte vs Ramchandra Gangadhar Ashtekar AIR 1981 SC 2235; Shahani Bibi being dead her heirs Mohammad Azim and oth......agreement, that it further appears after the said compromise defendant No. 1 signed one blank stamp paper and some blank cartridge papers for the purpose of drawing up tenancy agreement and handed over the same to Khurshed Ali Master, that no explanation has been offered for not deposing in the ......the plaintiff Nos. 1 and 2, and the DW 2 (defendant No. 2) are close to each other and from the evidence of DW 2 it appears that he is considered by the PW 1 a reliable and dependable person in the management of different matters of the PW 1. It is the definite case of the plaintiffs that defenda..Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147
Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)
....., Bangladesh (joint venture of HRC Bangladesh Ltd. and Telecom Foundation of Pakistan) and to evaluate the quotation, Md. Nasim, the then Minister held a meeting and by misusing his position, single handedly appointed Consociates Ltd. as consultant, although there was no such provision. In that mee......nstance of Md. Nasim having arisen from same first information report, charge-sheet and of Special Case No.73 of 2002 involving same facts, are taken up together for disposal and this judgment would govern both the Rules. 2. One Md. Abdul Hai, Anti Corruption Officer, (Task force No.1) Anti Cor......the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 546. ..Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1
Biseruddin Sarder (Md) and others Vs. Md. Tofazzal Hossain Biswas and others, 2005, 34 CLC (AD)
.... get the suit land recorded in their names during the last SA operation but the plaintiffs have been possessing the suit land as before. The case of the contesting defendants, on the other hand, is that Saku Sarder and Hossain Sarder took loan from Tayebuddin Biswas the predecessor‑inâ€...... devolved upon his, son and daughters and the interest of Hossain Sarder devolved upon his three sons and three daughters. The plaintiffs have possessed the suit land as heirs of recorded tenants for over 12 years adversely against the defendants and against all others claiming title and possession ......e view that the High Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ..Category: Property Law | Date: 13 Dec, 2004 | Hits: 21
Kishore Kumar Roy Vs. Md. Anwar Hossain & another, 2004, 33 CLC (AD)
.... Vs. Md. Anwar Hossain & another.................Respondents. Judgment December 12, 2004 Result: The leave petition is dismissed. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate instructed by Md. Nowab Ali Advocate-On- Record- For the ......24.07.1980. Accordingly after the purchase of the suit premises by the plaintiffs, the defendant opposite party accepted the plaintiffs as new landlords by admitting their right, title, and ownership over the suit premises but the defendant opposite party did not pay the monthly rent of Tk. 140/- to......there is nothing to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15. ..Category: Property Law | Date: 12 Dec, 2004 | Hits: 62
Amir Hossain (Md.) Vs. Government of People's Republic of Bangladesh & others, 2004, 33 CLC (HCD)
....ms and conditions. Subsequently, a lease deed No.7768 dated 14‑12‑61 was executed and registered by the then Government of East Pakistan in favour of Md. Yasin and possession thereof was formally handed over to him and Yasin had been continuing in possession since then Thereafter said Md. Yasin ......Division (Special Original Jurisdiction) Present: Md. Joynal Abedin J Nirmalendhu Dhar J Amir Hossain (Md.).........................................Petitioner Vs. Government of People's Republic of Bangladesh & others.............Respondents Judgment ...... question from the "Ka" list of the abandoned buildings within 2 months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 332. ..Category: Abandoned Properties Law | Date: 27 Nov, 2004 | Hits: 13
Civil Engineering Co Vs. Mahkota Technology SDN BHD and others, 2004, 33 CLC (HCD)
....rejection of the plaint, the learned Joint District Judge acted most illegally in granting stay of further proceedings of the suit. 11. Mr. Khalilur Rahman, learned Senior Advocate, on the other hand, took us through the main contract made by defendant No.1 with defendant No.5 and the sub‑con......be encouraged and directed to follow the procedure what they agreed to, and the Court shall not proceed with any civil proceedings commenced by one party against other party in respect of any matter covered by such arbitration agreement………………….. (25) ...... the Ministry of Law and Parliamentary Affairs for necessary correction of the English text of the Arbitration Act, 2001. Ed. This Case is also Reported in: 57 DLR (2005) 734. ..Category: Arbitration Law | Date: 10 Nov, 2004 | Hits: 12
Haider Ali and ors. Vs. State, 2004, 33 CLC (AD)
....of the informant, Bhabi, named Angura Bibi, sister of the informant also named Angura Bibi his father Abdul Jalil and Lai Bibi came to the place of occurrence. Dilbahar, after taking a fikol from the hand of accused Khosh Bahar, gave a blow in the left abdomen of Fatik Mia who fell down on the earth......; "141 an assembly of five or more persons is designated an 'unlawful assembly if the common object of the persons composing that assembly is First, to overawe by Criminal force, or show of Criminal force, the [Government or Legislature], or any public......those who came to the place of occurrence to rescue the victim. In view of our above discussion we fined no substance in this appeal and accordingly it is dismissed. Ed. ..Category: Criminal Law | Date: 4 Nov, 2004 | Hits: 102
Dr. Alauddin Ahmed Vs. Md. Idris Ali Bhuiyan and others, 2004, 33 CLC (AD)
....ackets are intact and would unerringly show that the ballot papers, the counterfoils of 'the issued ballot papers and the marked copies of the electoral rolls were not tampered with by some malicious hands, meanwhile, in order to create evidence/ground for undoing the election …………………â...... cast false and forged votes in favour of respondent No. 4, in consultation with the respondent Nos. 1 and 2 the respondent No. 3 sent result sheet with false votes cast and in turn forwarded the overall results of the said constituency to the Election Commission for declaration." 13. Th......r that the impugned order calls for our interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 14. ..Category: Election Law | Date: 30 Oct, 2004 | Hits: 142
Shamsul Haque (Md) Vs. Amina Khatun and others, 2004, 33 CLC (AD)
....s been miscarriage of circumstances and this requires interference by us. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 23.......hereon spending a sum of Taka 6,000 and also planted different trees thereon and spent Taka 7,000 for the purpose. After their purchase they got their names mutated and have been paying rents to the government. The pre‑emptor is not a co-sharer and, as such, the present case is not maintainable an......s been miscarriage of circumstances and this requires interference by us. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 23...Category: Civil Law | Date: 31 Aug, 2004 | Hits: 156