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Abdul Kabir Vs. State, 1998, 27 CLC (HCD)
....sh the proceedings of that case. In the result, the Rule is discharged. Communicate the order to the Magistrate concerned at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 306. ......sh the proceedings of that case. In the result, the Rule is discharged. Communicate the order to the Magistrate concerned at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 306. ......(1998) 306. ......hority about the matter. On inquiry, the Bureau of Anti-Corruption found that the statement was false and also found that the accused had property worth Taka 1,03,35,948 disproportionate to his known source of income and had submitted a false statement in reply to the notice served on him. So an Ant..Category: Criminal Law | Date: | Hits: 109
Rustom Ali (Md.) Matubbar alias Alam Vs. Mohammad Salahuddin and another, 1998, 50 CLC (HCD)
....the Rule is devoid of substance and the same, thus, fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 301. ......the Rule is devoid of substance and the same, thus, fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 301. ......is also Reported in: 50 DLR (HCD) (1998) 301. ...... justice. The expression “quashing of proceeding” is one of compendious connotation but its practical result is setting aside or reversal of the order initiating the proceeding. This Rule has its source in the maxim quado lex aliquid alicui concedit, concoders videtur id sine quo ipsa esse non p..Category: Criminal Law | Date: | Hits: 112
MJL Bangladesh Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2010, 39 CLC (HCD)
....by the VAT authority in its entirety as per statement given in Annexure-'Z' of the supplementary affidavit dated 25-7-2010 forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 257. ......by the VAT authority in its entirety as per statement given in Annexure-'Z' of the supplementary affidavit dated 25-7-2010 forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 257. ......s. Commissioner, Customs Excise and VAT and others................Respondents Judgment July 25, 2010. Result: The Rule is thus disposed of. Lawyers Involved: M Zahir, Senior Advocate with Muhammad Shafiqur Rahman Advocate - For the Petitioner. Murad Reza, Additional Attorney-......by the VAT authority in its entirety as per statement given in Annexure-'Z' of the supplementary affidavit dated 25-7-2010 forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 257. ..Category: Fiscal/Taxation Law | Date: | Hits: 269
Hamida Begum Chowdhury Vs. Ahamad Hossain Khan and others, 1997, 26 CLC (HCD)
....n receipt of Taka 2,30,000.00. In the second sale agreement dated 23-1-1978 the defendant-appellant undertook to execute and register necessary sale deed within 2 months by obtaining necessary income-tax clearance certificate which she failed to do. Plaintiff-respondent made various requests on diff......e Appeal is allowed and the impugned judgment and decree dated 28-9-95 passed in Title Suit No.201 of 1991 is dismissed without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 276. ......ee dated 28-9-95 passed in Title Suit No.201 of 1991 is dismissed without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 276. ......e Appeal is allowed and the impugned judgment and decree dated 28-9-95 passed in Title Suit No.201 of 1991 is dismissed without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 276. ..Category: Civil Law | Date: | Hits: 148
Monjurur Rahman (Md.) Vs. Dr. Naimur Rahman, 1998, 27 CLC (HCD)
....t, the appeal is dismissed. The Judgment and decree passed by the Court below is upheld. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 266. ......t, the appeal is dismissed. The Judgment and decree passed by the Court below is upheld. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 266. ......………………………Respondent Judgment February 12, 1998. Result: The appeal is dismissed. Lawyers Involved: Khandakar Mahabubuddin Ahmed with SR Khorshnabish, M Hasan, Advocates - For the Appellant. Habibul Islam Bhuiyan with SM Rezaul Karim, Abdul Khaleque, Md. Obaidur......A’ as half with the finding that the property of schedule ‘B’ is the self-acquired property of defendant No.1, who used to serve as a doctor (house surgeon) in Dhaka Medical College with other source of income. The trial Court further observed that the plaintiff failed to file any scrap of pa..Category: Property Law | Date: | Hits: 109
....eason to quash the judgment and order impeached in this writ petition.
The result is: we discharge the Rule. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 265.
......eason to quash the judgment and order impeached in this writ petition.
The result is: we discharge the Rule. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 265.
......
This Case is also Reported in: 44 DLR (HCD) (1992) 265.
...... 2(27) of the Ordinance, 1983, "Motor Vehicles" means any mechanically propelled vehicle adopted for use upon roads whether the power of propulsion is transmitted thereto from an external or internal source but excludes vehicle running upon fixed rails or used solely upon premises of the owner. Truc..
Category: Labour and Industrial Law | Date: | Hits: 171
Rehana Ahmed and others Vs. Nahar Shipping Lines Limited, 1990, 19 CLC (HCD)
....In addition to all these irregularities in the company, the respondent No.2 was defaulting in adjusting the loan obtained from BSRS and ICB. He did it purposely and with mala fide motive. Even income tax return was not filed. Although the petitioner Nos.1 and 2 were Directors of the Company from the......pplication is dismissed, but without any order as to costs. The restrictive orders and undertaking passed and given are hereby vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 256....... Nahar Shipping Lines Limited, Red Cross, Chamber Building (4th floor) 87, Motijheel Commercial Area, Dhaka and others ..............Respondent Judgment July 17, 1990. Result: The application is dismissed. Cases Referred to- Mahmudur Rahman Vs. Monipur Tea Company Ltd., 28 DLR 13......pplication is dismissed, but without any order as to costs. The restrictive orders and undertaking passed and given are hereby vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 256...Category: Company Law | Date: | Hits: 233
M.A. Mannan Vs. Biman Bangladesh Air Lines, 1989, 18 CLC (HCD)
.... impugned order, namely, Annexure-G is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 318. ......Memo dated 20.9.87 the Assistant Manager (Personnel) informed the petitioner that the Management had accepted his resignation with effect from 7.5.87 on condition that 3(three) months' salary will be deducted from his dues as he did not serve notice required under the service Rules. On 3.10.87 the p...... Judgment Nurul Huque Bhuiyan J.- This Rule Nisi obtained under Article 102 of the Constitution of the People's Republic of Bangladesh calls upon the respondent to show cause as to why the order dated 19.10.87 signed by the Assistant Manager (Personnel) of the respondent-Corporation should not b...... impugned order, namely, Annexure-G is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 318. ..Category: Employment/Service Law | Date: | Hits: 225
Abdul Kashem and another Vs. Bangladesh, 1994, 23 CLC (HCD)
....der 4 Bills of Lading dated 27.5.88 and 6.6.88. At that time the rate of custom duty was 50% ad valorem and the tariff value was Taka 15,000.00 per metric ton under SRO No. 115 dated 18.6.87 and sale tax was 10% ad valorem under SRO No. 114 dated 18.6.87. The consignment arrived at Chittagong port o...... before the appropriate Customs Officer. In the premises discussed above, the Rules are discharged but without any order as to costs. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 57.......es Ltd. Chittagong, PLD 1970 (SC) 439; AIR 1963 (SC) 848; Ali Akbar Khan Vs. Bangladesh and others, WP No. 630 of 1979 (unreported). Lawyers Involved: Mainul Hosein with Md. Joynul Abedin, Advocates ‑ For the Petitioners (In both the writ petitions). AK Mujibur Rahman, Deputy Attorney Gen......f Oriental Engineering Company...........................Petitioner (In Writ Petition No. 346 of 1991) Vs. Government of Bangladesh represented by the Secretary, Ministry of Finance, Internal Resources Division and others………………………………………………………Respondent..Category: Fiscal/Taxation Law | Date: | Hits: 155
Chittagong Port Authority Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)
.... award hereby set aside. Accordingly award dated 9-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ...... award hereby set aside. Accordingly award dated 9-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ......thority.............Appellant Vs. Ananda Shipyard and Slipways Ltd.............Respondent Judgment December 14, 2010. Result: The appeal is allowed. Cases Referred to- Associated Engineering Co Vs. Government of Andhra Pradesh, AIR (SC) 232; Hyundai Corporation Vs. Sumikin ......eded his jurisdiction of the arbitrator is, it is open to the Court to see what dispute was submitted to him. If that is not clear from the award, it is open to the Court to have recourses to outside sources. The Court can look at the affidavits and pleading of parties; the Court can look at the agr..Category: Alternative Dispute Resolution | Date: | Hits: 334
Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)
.... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ...... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ......augh Vs. Goasett, 12 QBD 273; Fazlul Kader Chowdhury Vs. Abdul Huq, PLD 1963 (SC) 486. Lawyers Involved: Asrarul Hossain with Mohammad Ali, Abu Bakar Siddique and Md. Humayun Kabir Bulbul, Advocates ‑ For the Petitioner. KS Nabi with SS Halder, Zakir Ahmed and Ahmed Ali, Advocates ‑ For......eople shall be effected only under, and by the Authority of, this Constitution Therefore, the petitioner being a citizen of Bangladesh and voter is a member of the whole people of Bangladesh and is a source of power along with other citizens of the country and this power which possessed by the peopl..Category: Constitutional Law | Date: | Hits: 344
Mahmudul Huq Vs. Mst Golap Bia & others, 1988, 17 CLC (HCD)
....cussions above, I do not find any substance in this appeal. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 314. ......cussions above, I do not find any substance in this appeal. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 314. ......, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 314. ......ings on all material issues. 7. In deciding the question as to whether a transaction is a benami one or not, certain ingredients of benami transaction are required to be examined viz., the motive, source of money for the kabala, the custody of it and the conduct of the parties in relation to the ..Category: Property Law | Date: | Hits: 86
State Vs. Mohammad Salim, 2010, 39 CLC (HCD)
....005 is accordingly disposed of. Let the lower Court's records along with a copy of this judgment be transmitted to the trial Court. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 99. ......005 is accordingly disposed of. Let the lower Court's records along with a copy of this judgment be transmitted to the trial Court. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 99. ......d. This Case is also Reported in: 15 BLC (HCD) (2010) 99. ....... 32. In his cross-examination he stated that his sister Ayesha had no relation with the accused Salim nor he stayed in any night in their house. He denied the suggestion that as his mother had no source of income she was dependent on the accused. 33. PW 12 Md. Shajahan in his deposition state..Category: Criminal Law | Date: | Hits: 118
Bangladesh Vs. Dr. Nasiruddin, 1983, 12 CLC (AD)
....this appeal is allowed and the judgment and order of the Courts below are set aside and the plaintiff's suit is dismissed. No costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 359. ......this appeal is allowed and the judgment and order of the Courts below are set aside and the plaintiff's suit is dismissed. No costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 359. ...... and the judgment and order of the Courts below are set aside and the plaintiff's suit is dismissed. No costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 359. ......etired compulsorily on the ground of inefficiency under the powers quoted in the impugned order. Yet, while reaching its conclusion it totally lost sight of the nature and extent of that power. The source of the power for retiring the respondent compulsorily, as quoted in the Governor's order, c..Category: Employment/Service Law | Date: | Hits: 196
....by making the classification. A classification is reasonable if it aims at giving special treatment to a backward section of the population; it is also permissible to deal out distributive justice by taxing the privileged class and subsidising the poor section of the people. What is of fundamental i....... The respondents directed to exclude the property from ‘Kha’ list within 60 (sixty) days from the date of receipt of this order.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 372.
......
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 372.
....... The respondents directed to exclude the property from ‘Kha’ list within 60 (sixty) days from the date of receipt of this order.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 372.
..
Category: Property Law | Date: | Hits: 150
Eastern Beverage Industries Ltd. and Others Vs. Bangladesh and others, 1994, 23 CLC (HCD)
....nd law are involved these 7 writ petitions have been heard together and will now be disposed of by this common judgment. In these writ petitions mainly levy of excise duty, commonly known as capacity taxes, is under challenge. 2. The capacity tax was recognised by the Constitution (6th Amendment)......ay frame proper guidelines for giving effect to the intention of the legislature in matters of fixing the capacity and the rate thereof. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 32.......o- Zaibtun Textile Mills Ltd. Karachi and others Vs. Central Board of Revenue and others, PLD 1971 Karachi 333. Lawyers Involved: Syed Ishtiaq Ahmed with Mahmudul Islam and Nihad Kabir, Advocates ‑ For the Petitioners (In Writ Petition Nos. 728, 803, 802 and 838 of 1990). Abdul Malek w......ay frame proper guidelines for giving effect to the intention of the legislature in matters of fixing the capacity and the rate thereof. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 32...Category: Fiscal/Taxation Law | Date: | Hits: 199
Gajendra Nath Mondal and others Vs. Motia Begum and others, 1997, 26 CLC (HCD)
....ee dated 18-9-85 passed by the same Court in SCC Suit No.1 of 1985. The Rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 429.......ee dated 18-9-85 passed by the same Court in SCC Suit No.1 of 1985. The Rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 429.......er as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 429.......8. Now it is well settled that tie power to review is not an inherent power. It must be conferred by law either specifically or by necessary implication. It will, therefore, be necessary to trace the source of power either in the Small Cause Courts Act or some other provision of law under which the ..Category: Procedural Law | Date: | Hits: 82
Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)
....ed, JJ; I concur with the decision of Shahabuddin Ahmed, J. ORDER OF THE COURT By the majority judgment, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 284.......ed, JJ; I concur with the decision of Shahabuddin Ahmed, J. ORDER OF THE COURT By the majority judgment, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 284.......e decision of Shahabuddin Ahmed, J. ORDER OF THE COURT By the majority judgment, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 284.......to the possibility of repayment by the borrower and all the Banking Laws and Regulations are directed to the adviseability of advance to trading customers upon a proper valuation of their financial resources and assets. Whenever a security is offered, for temporary accommodation the Banker in the ..Category: Criminal Law | Date: | Hits: 95
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
....hooting purposes, for about 23 years, the respondent no. 1, has been using the land for commercial purposes by renting the whole or part of the premises and since then the respondent no. 1, is paying taxes for the said business. To use the premises for commercial purpose, the swearing respondent als......h such a glory. The respondents are restrained from leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:......upreme Court High Court Division Special Original Jurisdiction Present: AHM Shamsuddin Choudhury J Sheikh Md. Zakir Hossain J A.F. Shahab Uddin Ahmed......... Petitioner. Vs. National Shooting Federation, Bangladesh, South East Corner of Gulshan Model Town, P.S. Gulshan, Dhak......er or not they are activities to which the High Court’s supervisory jurisdiction through judicial review may be invoked by an aggrieved person. In the past it was mainly done by asking what was the source of the power being exercised by the decision maker whose action was impugned. Where the power..Category: Property Law | Date: | Hits: 159
Oli Ahmed Vs. State, 2012, 41 CLC (HCD)
....ed is set aside. The appellant is acquitted of the charge leveled against him. Send down the records of lower Court. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......ed is set aside. The appellant is acquitted of the charge leveled against him. Send down the records of lower Court. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ...... leveled against him. Send down the records of lower Court. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......d the ejahar in the main, did not raise any allegation against the appellant or even mention his name. P.W.2 Mahbubur Rahman, a hearsay witness mentioned the appellant’s name without disclosing the source of his knowledge. No other witness mentioned the appellant’s name. He was not identified by..Category: Criminal Law | Date: | Hits: 95
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