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Bangladesh Institute of Planners Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....and sustainable development. 3. The Urban Development Directorate is responsible for enacting plans for the towns and cities of Bangladesh. There are positions of Junior Planner, Senior Planner, Deputy Director and Director of this Directorate and those positions require special skills, knowl......nner in the department. Considering the facts and circumstances of the case, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 494. ......sion (Special Original jurisdiction) Present: Mir Hashmat Ali J SM Emdadul Hoque J Bangladesh Institute of Planners......................Petitioner Vs. Government of Bangladesh and others........................Respondents Judgment April 6, 2008. Result: The Rule ......an Development Division became vacant and those posts were filled up on promotion from the feeder post junior planners. 24. The Association of Bangladesh Institute of Planners represented by its General Secretary, Department of Urban and Regional Planning, Bangladesh University of Engineering..

Category: Civil Law | Date: 6 Apr, 2008 | Hits: 49

Abul Hasnat Nurul Kabir Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....ngladesh Vs. Shah Alam, (1995) 15 BLD (AD) 167; Abdul Wadud Vs. The state, (1996) 1 MLR (AD) 66. Lawyers Involved: Asad Hossain Choudhury- For the Petitioner. Razik-Al-Jalil, Deputy Attorney-General- For Respondent No.1. Writ Petition No. 3348 of 2007. Judgment ...... not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 275. ......J Abul Hasnat Nurul Kabir………………………………………Petitioner Vs. Government of Bangladesh and others……………Respondents Judgment March 12, 2008. ....... Shah Alam, (1995) 15 BLD (AD) 167; Abdul Wadud Vs. The state, (1996) 1 MLR (AD) 66. Lawyers Involved: Asad Hossain Choudhury- For the Petitioner. Razik-Al-Jalil, Deputy Attorney-General- For Respondent No.1. Writ Petition No. 3348 of 2007. Judgment Syed Mahmud H..

Category: Criminal Law, Procedural Law | Date: 12 Mar, 2008 | Hits: 5

Jaibar Ali Fakir Vs. State, 2008, 37 CLC (HCD)

....��………………(24) Cases Referred to- State Vs. Khokan Mridha, 7 BLC 561; State Vs. Presha. Lawyers Involved: No one appears — For the Appellant. Mohammad Ali Akanda, Deputy Attorney General with Shahnaz Haque, Assistant Attorney General and AKM Salahuddin Khan, Assi......o the voluntaries of any confession recorded. Send down the lower Court records with a copy of this judgment, immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 208. ...... Fakir…………………………Appellant Vs. State…………………………...........Respondent Judgment March 6, 2008. Result: The Criminal Appeal is allowed and the Jail Appeal is accordingly disposed. The Children Act, 1974 (Act No. XXXIX of 1974), se......�…(24) Cases Referred to- State Vs. Khokan Mridha, 7 BLC 561; State Vs. Presha. Lawyers Involved: No one appears — For the Appellant. Mohammad Ali Akanda, Deputy Attorney General with Shahnaz Haque, Assistant Attorney General and AKM Salahuddin Khan, Assistant Attorney G..

Category: Women and Children | Date: 6 Mar, 2008 | Hits: 113

Jaibar Ali Fakir Vs. The State, 2008, 37 CLC (HCD)

....Appeal No.4954 of 1991 is disposed. Cases Referred To- State Vs. Presha, State Vs. Khokan Mridha, 7 BLC 561;B.M.B. Lawyers Involved: Not represented-the appellant. Mohammad Ali Akanda, Deputy Attorney General with Mrs. Shahnaz Haque, Assistant Attorney General and A.K.M. Salahuddin Kh......corded. Send down the lower Court records with a copy of this judgment, immediately. AFM Abdur Rahman J.-I agree. This Case is also Reported in: 16 MLR (HCD)(2013) 167. .............Appellant Vs. The State.............................................Respondent Judgment March 6, 2008. Reselt: Criminal Appeal No.4953 of 1991 is allowed. The judgment and order of conviction and sentence is set aside. Jail Appeal No.4954 of 1991 is disposed. ......f 1991 is disposed. Cases Referred To- State Vs. Presha, State Vs. Khokan Mridha, 7 BLC 561;B.M.B. Lawyers Involved: Not represented-the appellant. Mohammad Ali Akanda, Deputy Attorney General with Mrs. Shahnaz Haque, Assistant Attorney General and A.K.M. Salahuddin Khan, Assistant At..

Category: Women and Children | Date: 6 Mar, 2008 | Hits: 174

Commissioner of Taxes Vs. Oriental Real Estate Ltd, 2008, 37 CLC (HCD)

....rstood. Secondly, the assessee is not entitled to any allowance on account of construction-cost that is not allowed by the Ordinance. None of the appellate authorities is empowered to direct the Deputy Commissioner of Taxes to follow a system of calculation to estimate the sales, which is not s...... and against the assessee with cost. The cost is assessed Taka 15,000 for each reference. Communicate at once. Ed. This Case is also Reported in: 60 DLR (HCD) (2008) 506. ......lip;…………Respondent Judgment February 18, 2008 Result: The question formulated for determination answered in the negative for the revenue and against the assessee. Income Tax Ordinance, (XXXVI of 1984); Section 160 When any cons...... and against the assessee with cost. The cost is assessed Taka 15,000 for each reference. Communicate at once. Ed. This Case is also Reported in: 60 DLR (HCD) (2008) 506. ..

Category: Fiscal/Taxation Law | Date: 18 Feb, 2008 | Hits: 1

Farid Miah (Md.) Vs. State, 2008, 37 CLC (HCD)

.... Referred to- State Vs. Abdus Batter, 26 BLT (AD) 30; Md. Isahaque Ali Vs. State, 16 BLT 69. Lawyers Involved: Dewan Abdun Naser, Advocate - For the Appellant. Umme Kulsum Begum, Deputy Attorney-General with SM Shajahan Kabir, Assistant Attorney-General - For the State Respond......t Md. Farid Miah 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) 903. ......tion 101 of the Evidence Act, in which it is stated that the prosecution is bound to prove the case beyond all reasonable doubt. In a criminal case the courts require even a higher decree of proof and all material evidence, particularly those in favour of the accused, should be placed before the......State Vs. Abdus Batter, 26 BLT (AD) 30; Md. Isahaque Ali Vs. State, 16 BLT 69. Lawyers Involved: Dewan Abdun Naser, Advocate - For the Appellant. Umme Kulsum Begum, Deputy Attorney-General with SM Shajahan Kabir, Assistant Attorney-General - For the State Respondent. Crimin..

Category: Criminal Law | Date: 14 Feb, 2008 | Hits: 5

Sunirmal Chaudhuri Vs. Registrar of Joint Stock Companies & Firms, 2008, 37 CLC (HCD)

.... register the amendment copy of the Memorandum of Association of the Company within 90 (Ninety) days of the drawing up of this Order. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 432. ...... register the amendment copy of the Memorandum of Association of the Company within 90 (Ninety) days of the drawing up of this Order. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 432. ......ent Syed Refaat Ahmed J.- This is an Application under Section 12 read with Section 13 of the Companies Act, 1994 ("the Act") for a confirmation of the alteration of the Objects Clause of the Memorandum of Association ("MOA") of Bayer Crop Science Limited ("the Company"). 2. This Court notes a......nder the Companies Act, 1913 on 26.6.1994 and the Registration number of the Company was C-26132 (Annexure-'C'). Subsequently, the said company upon passing a special resolution at its Extra-Ordinary General Meeting approved a change of name and upon obtaining permission from the Board of Investment..

Category: Company Law | Date: 12 Feb, 2008 | Hits: 123

Abdul Latif (Md.) Vs. Mohammad Ali, 2008, 37 CLC (HCD)

....rts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 804. ......rts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 804. ......osite Parties Judgment January 28, 2008. Result: The Rule is discharged without any order as to costs. In a Partition Suit, disputed questions of title may be involved and such questions are to be decided by the Court trying the suit. A mere denial by a defendant as ......rts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 804. ..

Category: Property Law | Date: 28 Jan, 2008 | Hits: 31

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

....- Assistant Commissioner of Taxes having failed to complete the assessment within the time prescribed by sub-section (2) of section 83 of the Ordinance. 4. Against the said order, the Deputy Commissioner of Taxes appealed to the Taxes Appellate Tribunal. By order dated 27-3-2001 the......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. ......ellate Tribunal in ITA No. 4319 of 2001-2002 in respect of assessment year 1998-99. 2. The assessed who presented the above reference is stated to be the proprietor of a firm namely Ms. Nabab and Company. He is engaged in the business of construction as a contractor, security guard supply, ......esult: The reference is dispose of. Lawyers Involved: MA Noor - Amicus Curiae. Majedul Islam Patwari, Advocate - for the Applicant. Zakaria Sarker, Assistant Attorney General — For the Respondent. Reference Application No. 261 of 2002. Judgment M..

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

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

....arim with Faheemul Huq with Khairul Alam Choudhury with Md. Kabir Iqbal Hossain with Aminul Hoque with Md. Mostafizur Rahman Khan and Md. Tajul Islam Advocates-For the Petitioner. Mubina Asaf, Deputy Attorney-General-For the Respondents. Writ Petition No.6052 of 2007. Judgment ......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. ...... Mirza Hussain Haider J Mamnoon Rahman J Sultana Hashem……………………………………………………………………Petitioner Vs. Government of Bangladesh and others…………………………………Respondents Judgment January 21, 2008. ......ul Huq with Khairul Alam Choudhury with Md. Kabir Iqbal Hossain with Aminul Hoque with Md. Mostafizur Rahman Khan and Md. Tajul Islam Advocates-For the Petitioner. Mubina Asaf, Deputy Attorney-General-For the Respondents. Writ Petition No.6052 of 2007. Judgment Mamnoon Rahman..

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

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

.... DLR 532; Mafizuddin Mondal Vs. State, 14 DLR (SC) 821. Lawyers Involved: M Enayetur Rahim with Shahida Khatun and Nusrat Zahan, Advocates - For the Appellant. Umme Kulsum Begum, Deputy Attorney-General with SM Shahjahan Kabir, Assistant Attorney-General - For the State. ......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. ...... 513; Md. Abdul Khaleque Vs. State, 12 DLR (SC) 165; Rashid Ahmed Vs. State, 10 DLR 532; Mafizuddin Mondal Vs. State, 14 DLR (SC) 821. Lawyers Involved: M Enayetur Rahim with Shahida Khatun and Nusrat Zahan, Advocates - For the Appellant. Umme Kulsum Begum, Deputy Attorney-Gener......ddin Mondal Vs. State, 14 DLR (SC) 821. Lawyers Involved: M Enayetur Rahim with Shahida Khatun and Nusrat Zahan, Advocates - For the Appellant. Umme Kulsum Begum, Deputy Attorney-General with SM Shahjahan Kabir, Assistant Attorney-General - For the State. Criminal App..

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

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

....ker and the President of "Protibashi Samajik Nirapatta Committee of East Badda" and the Secretary of local Mosque namely "Baitul Sujud Zamey Mosque". 3. The Government through the respondent No.4 (Deputy Commissioner, Dhaka) made acquisition of 2760.00 acres of land of Badda and other 6(six) Mauz...... 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. ......e is also Reported in: 14 MLR (HCD) (2009) 264. ...... 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. ..

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

Durga Prasad Singh Hazari Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)

....sessment. In reference No.159 of 2007, he submitted his income tax return for the assessment year 1997-98 claiming income of taka 98,380.00 on basis of self-assessment. 4. In all the cases, the Deputy Commissioner of Taxes was of the view that the assessee was the head of an undivided Hindu fa......estions of law formulated in the negative and in favour of the assessee and against the respondent. No cost. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 397. ......tagong……………………Respondent(s) Judgment December 12, 2007. Result: The references are disposed of against the respondent. Case Referred to- State Bank of India Vs. Ghamandi Ram, 1969 ASC 1230 at 1233. Lawyers Involved: Mosharaf Hossain and Tapan Kanti Das, Advoc...... State Bank of India Vs. Ghamandi Ram, 1969 ASC 1230 at 1233. Lawyers Involved: Mosharaf Hossain and Tapan Kanti Das, Advocates - For the applicant. Md. Zakaria Sarker, Assistant Attorney-General with Kazi Zinat Haque, Assistant Attorney-General - For the respondent (In all references). ..

Category: Fiscal/Taxation Law | Date: 12 Dec, 2007 | Hits: 5

Md. Mokter Hossain Khan Vs. State, 2007, 36 CLC (AD)

....p;………………………………….(7) Lawyers Involved: A.B.M. Bayezid, Advocate-For the Appellant. Abdur Rouf, Deputy Attorney General-For the Respondents. Jail Appeal No.01 of 2006. Judgment Md. ...... find good deal of force in the points argued by the learned Advocate for the petitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 16. ......ence of evidence as to the presence of the condemned-petitioner in the place of occurrence with his family, the condemned-petitioner can not be taken to be liable to prove the fact as to how his wife and 3(three) year old daughter met their death by invoking section 106 of the Evidence Act. The onus......p;…………………………….(7) Lawyers Involved: A.B.M. Bayezid, Advocate-For the Appellant. Abdur Rouf, Deputy Attorney General-For the Respondents. Jail Appeal No.01 of 2006. Judgment Md. Joynul Abedin J...

Category: Evidence Law | Date: 9 Dec, 2007 | Hits: 10

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. ......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. ......hellip;…………………………………………………..Petitioner Vs. M.V. PELEAS K and others………………………Opposite Parties ......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. ..

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

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

....of 2007). AM Mahbubuddin, Advocate - For the Petitioner (In Criminal Miscellaneous Case No.12489 of 2007). M Salahuddin Ahmed, Additional Attorney-General, with Syed Haider Ali, Deputy Attorney-General and AFM Md. Zubair Hossain, Assistant Attorney-General - For the State. ......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. ......in: 13 BLC (HCD) (2008) 111. ......al Miscellaneous Case No.15148 of 2007). AM Mahbubuddin, Advocate - For the Petitioner (In Criminal Miscellaneous Case No.12489 of 2007). M Salahuddin Ahmed, Additional Attorney-General, with Syed Haider Ali, Deputy Attorney-General and AFM Md. Zubair Hossain, Assistant Attorne..

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

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

....d 8.3.2007 Annexure-A and the impugned order and heard Dr. Kamal Hossain, the learned advocate appearing for the accused with A.K.M. Faiz and H.S. Deb Barman advocates and Md. Abdur Rouf, the learned Deputy Attorney General, appearing for the State. Dr. Kamal Hussain, learned advocate appearing for ......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. ......ndent Judgment December 2, 2007. Result: The rule is made absolute. Lawyers Involved: Dr. Kamal Hossain with A.K.M. Faiz, with H.S. Deb Barman-For the Petitioner. Khandaker Diliruzzaman, Assistant-Attorney General-For the Petitioner. Criminal Miscellaneous Cas....... Result: The rule is made absolute. Lawyers Involved: Dr. Kamal Hossain with A.K.M. Faiz, with H.S. Deb Barman-For the Petitioner. Khandaker Diliruzzaman, Assistant-Attorney General-For the Petitioner. Criminal Miscellaneous Case No.6179 of 2007. Judgment Kh..

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

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

....gment November 26, 2007. Result: The Rule is made absolute. Lawyers Involved: Khan Saifur Rahman with Md. Shakir Hossain and Abu Hanif-For the Petitioner. Nahid Mahtab, Deputy Attorney-General with Kazi Zinat Huq, Assistant Attorney-General-For the Respondents. Wr......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. ......hellip;…………………………………………………Petitioner Vs. Customs, Excise and VAT Appellate Tribunal, Jotsna Complex…………………Re......mber 26, 2007. Result: The Rule is made absolute. Lawyers Involved: Khan Saifur Rahman with Md. Shakir Hossain and Abu Hanif-For the Petitioner. Nahid Mahtab, Deputy Attorney-General with Kazi Zinat Huq, Assistant Attorney-General-For the Respondents. Writ Petition No.2..

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

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

....Model Town, Dhaka and in due course, Mrs. Atia Siddiqui got delivery of possession of the said plot of land. Thereafter she constructed a two-storied building thereon which was leased out to the Deputy Indian High Commission by an agreement dated 07.01.1970 at a monthly rental of Tk. 2500/- and......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. ...... (In Writ Petition No.5721 of 1997) Judgment November 15, 2007. Result: The Rules are discharged. Cases Referred to- Government of Bangladesh Appellant Vs. Md. Jalil and others, 15 BLD (AD) 175=49 DLR (AD) 26; Bangladesh Vs. Rehana Kamal and others, 56 DLR (AD) 1; T...... (In Writ Petition Nos.2603 of 2000 and 1042 of 2001). Rokon Uddin Mahmud, Advocate- For the Respondent No.3. (In Writ Petition No.1042 of 2001). Mahfuza Begum, Assistant Attorney-General with Md. Abdul Quadir Talukder, Advocate-For the Respondents. (Excepting the Responden..

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. ......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. ...... Md. Mizanur Rahman Bhuiyan J.-The appellant Fazlu alias Fazla preferred this appeal under section 24 of the Nari-O-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 challenging the judgment and order of conviction and sentence dated 18.05.2000 passed by the learned Judge, Nari-O-Shishu......407; Pear Ali Khan Vs. The State, 7 BLT 59; Anarul Islam Vs. The State, 58 DLR (AD) 73. Lawyers Involved: Md. Jashim Uddin-For the Appellant. Md. Abdul Hye Bhuiyan, Assistant Attorney-General with M.A. Harun Assistant Attorney-General-For the State. Criminal Appeal No.1436 of 2..

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

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