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Nabab Khan Vs. Commissioner of Taxes, 2008, 37 CLC (HCD)

....erence with our answer to the question in the affirmative for the Revenue Department and against the assesses. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 397. ......; 4. Against the said order, the Deputy Commissioner of Taxes appealed to the Taxes Appellate Tribunal. By order dated 27-3-2001 the Appellate Tribunal dismissed the appeal and affirmed the decision of the First Appellate Authority. 5. After receipt of the said order of the Appellate..

Category: Fiscal/Taxation Law | Date: 22 Jan, 2008 | Hits: 13

Sultana Hashem Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....haka now detained in Dhaka Central Jail, be set at liberty at once, if not wanted in connection with any other case or cases. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 668. ......beyond the period as stipulated in sec­tion 61 and 167 of the Code of Criminal Procedure as such the same is illegal and mala-fide. In support of his contentions the learned Advocate referred the decisions reported in 51 DLR (AD) 1, 31 DLR (AD) 1, 12 MLR (AD) 316 and 1 BLC 396. 4. The le..

Category: Criminal Law | Date: 21 Jan, 2008 | Hits: 10

Mostafa alias Masta Vs. State, 2008, 37 CLC (HCD)

....stafa alias Masta be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 894. ......sition of the prose­cution witnesses and the impugned judgment and the material available in the paper book and submits that it is a case of no evidence and that the learned trial Court arrived at a decision on conjecture and surmise. He further submits that the learned trial Court failed to consid..

Category: Women and Children | Date: 16 Jan, 2008 | Hits: 27

Md. Amin-Ullah, Advocate and another Vs. Bangladesh and others, 2008, 37 CLC (HCD)

.... rule is discharged without any order as to cost. The order of injunction granted at the time of issuance of the rule stands vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 264. ...... Petition No.1896 of 1999. Judgment Sheikh Abdul Awal J.- In this Rule Nisi the respondents have been called upon to show cause as to why the respondents should not be directed to implement the decision as contained in memorandum No.Sha-8/Faj-65/93-191 dated 29.06.1994 (Annexure-E) and as to w..

Category: Property Law | Date: 9 Jan, 2008 | Hits: 20

Humayun Hossain Khan Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)

....ted. Artha Rin Adalat No.3, Dhaka is directed to dispose of the suit expeditiously. Communicate the Judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 513. ......g complete justice but did not consider the legal aspects involved in the matter. Moreover, the facts and circumstances of that case and the present one are quite distinguishable. Therefore, the said decisions are not applicable to the instant Rule and the Rule is liable to be discharged. 7. In..

Category: Banking Law, Civil Law | Date: 8 Jan, 2008 | Hits: 9

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

.... made absolute without any order as to the costs. Lower Court record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 509. ......intiff has been possessing the suit property illegally by way of private dhakila and Hokum Nama which has got no leg to stand in the eye of law and in this connection both the courts relied upon a decision reported in 30 DLR (SC) 41 wherein it has been clearly stated that the private document ca..

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

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

....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.    ......alal 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; Panaji Vs. Ratanchand, AIR 1933 (Bombay), 364; R..

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

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

....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. ......s of the Rules, 2007 in the matter of granting bail cannot stand as a bar and this Court can exercise its jurisdiction under sections 497 and 498 of the Penal Code. They also put much emphasis on the decision of the case of Moyezuddin Vs. State, reported in 59 DLR 287, where a Division Bench of this..

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

Al Haj A.B.M. Mohiuddin Chowdhury Vs. State, 2007, 36 CLC (HCD)

....of late Al-haj Hossain Ahmed Chowdhury be enlarged on bail to the satisfaction of the Chief Metropolitan Magistrate, Chittagong. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 23. ......al Committee of Awami League and Divisional Awami League Co-ordinator. He is an activist of Awami League and Labour organizations. After proclamation of Emergency in the country he opposed the policy decision of the government relating to public welfare and acted to create hostile opinion against th..

Category: Criminal Law | Date: 2 Dec, 2007 | Hits: 3

Mainul Alam Vs. Anjera Begum, 2007, 36 CLC (HCD)

.... retransferred to the Court of the Senior Assistant Judge, Bhola. Intimate both the Courts below for necessary action. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 935.  ......ntil and unless it comes within the four corners of the ingredients specified in Order XLVII, rule 1 of the Code of Civil Procedure, no judgment can be reviewed to correct any mistake or erroneous decision by taking the power of the appellate Court…………….(4) Lawyers Involved: ..

Category: Procedural Law | Date: 27 Nov, 2007 | Hits: 2

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

....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. ......tory it should be informed to the local VAT office before 14 days of such changes. The petitioner did not do so. None was however found in support of such affidavit. 18. Only issue facing us for decision in this writ petition is as to whether the petitioner was entitled to credit the input VAT ..

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

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

....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. ......without considering any material evidence/facts causing prejudice to the peti­tioner or it has acted malafide or in violation of the principle of natural justice. This- view is underpinned by the decision in the case of the Government of Bangladesh Appellant Vs. Md. Jalil and others Respondents ..

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

Fazlu Alias Fazla Vs. State, 2007, 36 CLC (HCD)

....et at liberty forthwith if not wanted in connection with any other case. Sent down the lower court's record at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 659. ......d the aforesaid harsh sentence without acquitting the innocent appellant and as such he prayed to allow the appeal after acquitting the convict appellant. In support of his contention he cited the decision in the cases of Hossain Shially (Fakir) Vs. The State, reported in 8 MLR 355, Fazlul Hoq S..

Category: Women and Children | Date: 5 Nov, 2007 | Hits: 14

Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)

....s the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 209.    ......ase is not completed within 360 days, if the accused is in custody, he should be released on bail even in the case of non bailable offence, unless special reasons are found by the Court to take the decision other­wise. In this case, we do not find any reason to take more than three years for dis..

Category: Criminal Law | Date: 26 Sep, 2007 | Hits: 7

Muktijoddha Bahumukhi Samabaya Samity Vs. Bangladesh and others, 2007, 36 CLC (HCD)

.... জারীকৃত রুলটি খরচা ব্যতিরেকে এ্যাবসলিউট করা হইল। Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 418. ......ot­ment the provisions of Rule-4 of উপ-আইনমালা-২০০৩ were not complied, which render the process of allotment bad in law. 14. It has been held by the Privy Council in its decision reported in AIR 1936 PC 53 that the rule which applied is, that where a power is given to d..

Category: Civil Law | Date: 20 Sep, 2007 | Hits: 43

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

....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. ......ad. Moreover, none of the provisions under the section could be invoked before assessment of duty and clearance of the goods. In such view of legal position, and when the entire matter is pending for decision in this Division, issue of such demand notice must be held to be without application of min..

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

Salima Akter Niluma Banu Vs. Shahin Shakhider and others, 2007, 36 CLC (HCD)

....6(six) months from the date of receipt of this judgment and order. Send down the records of this case at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 140.   ......Goswami, the learned Advo­cate appearing with Mrs. Afsana Begum, the learned Advocate supports the Rule and submits that that the plaintiff filed the suit for permanent injunction not against any decision of the committee of the Estate. He adds that before rejection of the plaint he was not give..

Category: Civil Law | Date: 12 Sep, 2007 | Hits: 3

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

....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. ......ting the murder which the learned Judge did not consider, as such, the impugned Judgment and order is liable to be set aside. 6. Learned Advocate, in support of his submissions, relied on the decisions, namely, the case of State Vs. Moslem, reported in 55 DLR 116, the case of Zahed Ali Fore..

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

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

....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. ...... the petitioner. This irregularity, in our opinion, is a gross irregularity in case of a money changer business and not a nominal one as contended by Mr. Chowdhury. 24. We have also considered the decision as referred by Mr. Chowdhury but the facts and circumstances of the said decision are disti..

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

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

.... by the accused during such examination should be considered by the Court. The words, "it may be taken into consideration in such inquiry or trial" in section 342 (3) of the Code would amount to a legislative guideline for the Court to give due weight to such answers though it does not mean that...... case within any of the exceptions does not relieve the prosecution from leading evidence and proving all the ingredients of the offence…………………..(39) The Court has to come to a decision on the basis of evidence adduced before it by the parties. If the findings of guilt of th..

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