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Titas Gas (T & D) Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)

....the affirmative and against the assessee applicant and we refrain from answering the other questions. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 209. ......rul Islam J AKM Shafiuddin J Titas Gas (T & D) Co. Ltd……….Applicant Vs. Commissioner of Taxes…..Respondent Judgment June 14, 2000. Cases Referred To- Sagorika and Co. Vs. Commissioner of Taxes 27 BTD 87; Commissioner of Taxes Vs. Mysore Commercial Chemical Co......dinance. However, according to the Oxford English Dictionary perquisite means casual profit additional to normal revenue or emolument; thing that has served in primary use and to which subordinate or servant has then a customary right, incidental benefit attaching to employment etc; customary, gratu..

Category: Fiscal/Taxation Law | Date: | Hits: 82

Syed Mustafizur Rahman Vs. State, 2001, 30 CLC (HCD)

....arge leveled against him and he is acquitted of the charges. Let him be discharged from the bail bond. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 125. ......s. State ……………. Respondent Judgment January 10, 2001. Result: The appeal is allowed. Cases Referred to- Abdul Awal Vs. State 1962 PLD Dhaka 623 =13 DLR 397; Gulak Chand Ragudas Vs. State AIR 194 (PC) 82; Abdul Hakim Vs. State 45 DLR 352 relied (7 & 9) Lawyer......Mr. FKM Ahsan Mahbub, the learned Assistant Attorney-General appearing for the State. 6. The learned Advocate appearing for the appellant submits at the very outset that the appellant being public servant and the Case being under section 409 of the Penal Code read with section 5(2) of Act II of 1..

Category: Criminal Law | Date: | Hits: 42

Abul Hossain and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)

....thority and is of no legal effect. The respondents are directed to delete the building in question from the list of abandoned buildings. Ed. This Case is also Reported in: 53 DLR (2001) 94. ......d in: 53 DLR (2001) 94. ......writ petition. 4. Kh. Mahbub Hossain, the learned Advocate appearing for the petitioner has made submission to the effect that the petitioner is all along in Bangladesh and he was a government servant till 14-01-92 and at present also he has been drawing his pension regularly and that all the..

Category: Property Law | Date: | Hits: 18

Ali Azam, Advocate Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)

.... in favour of the assessee applicant. Accordingly, the reference is answered aforesaid and the parties will bear their own costs. Ed. This Case is also Reported in: 53 DLR (2001) 92. ......mmissioner of Taxes, Noakhali, Circle-1, Noakhali, for the assessment year 1987-88 vide his order dated nil under section 83(2) of the Income Tax Ordinance, 1984 on a total income of Taka 3,24,388.00 and being aggrieved by the said assessment the applicant preferred an appeal before the Appellate Jo......ining the estimate. 2. Mr. AFM Firojuddin Bhuiyan, the learned Advocate appearing for the applicant, submits that the applicant is an old man of about 70 and is widower and lives with his lone servant in the mofassil town of Noakhali and he is by profession an Advocate and now-a-days rarely c..

Category: Fiscal/Taxation Law | Date: | Hits: 67

Sonali Bank and others Vs. Md. Jalaluddin and another, 2000, 29 CLC (HCD)

....aq Vs. Muhammad Shamsul Islam, PLD 1961 SC 531 held. “In the absence of any statutory provision protecting the servant it is not possible in law to grant to him a decree against an unwilling master that he is still his servant. A servant cannot be forced upon his master.” Following...... Ed. This Case is also Reported in: 53 DLR (2000) 48. ...... the Appellate Division. 11. The Supreme Court of Pakistan in Malik and Haq Vs. Muhammad Shamsul Islam, PLD 1961 SC 531 held. “In the absence of any statutory provision protecting the servant it is not possible in law to grant to him a decree against an unwilling master that he is st..

Category: Administrative Law | Date: | Hits: 165

Moshiur Rahman (Md.) Vs. State, 2000, 29 CLC (HCD)

....absolute. Let copies of this judgment and order be forwarded to the learned Sessions Judge and the petitioner for their future guidance. Ed. This Case is also Reported in: 53 DLR (2001) 42. ......minal Procedure was issued at the instance of the petitioner, calling upon the opposite parties to show cause, as to, why certain observations made by the Sessions Judgment Jhalakati, in his judgment and order dated 11-1 1998, in Criminal Appeal No. 4 of 1998, setting aside the judgment and order da......d the intent and purport of these provisions. 9. Section 228 of the Penal Code runs as follows: “228. Whoever intentionally offers any insult, or causes any interruption to any public servant, while such public servant is sitting in any stage of a judicial proceeding, shall be punish..

Category: Criminal Law | Date: | Hits: 29

Meridian International (Pvt) Ltd and another Vs. Rajdhani Unnayan Kartipakha (RAJUK) and others, 2000, 29 CLC (HCD)

.... question of 6 months notice under section 3A is not applicable here at all as the said section speaks of use of the building which does not conform to the scheme of land utilization indicated in the master plan and the impugned notice was not issued on that ground. Furthermore, it appears to us tha...... ......ful and proper. In the result, the Rule is discharged with costs of Taka 20,000.00 (twenty thousand) against the petitioners. Ed. This Case is also Reported in: 53 DLR (2001) 35. ..

Category: Property Law | Date: | Hits: 31

Bangladesh Society for the Enforcement of Human Rights (BSEHR) and Others Vs. Government of Bangladesh and others, 2000, 29 CLC (HCD)

.... Let a copy of this judgment be sent to the Hon’ble Minister, Ministry of Home Affairs and Director General, Department of Social Services. Ed. This Case is also Reported in: 53 DLR (2001) 1. ....... ......the eyes of the people since the British days, what new accused shall I discover? For many years past the Police force has been showered with many advice—change your attitude, change your role as a servant and friend of the people, do not allow yourselves to be used in the interest of the politica..

Category: Constitutional Law | Date: | Hits: 264

Mithu Vs. State, 2009, 38 CLC (AD)

.... Leave to Appeal and as such we do not find any merit in the Review Petition. Accordingly, this review petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 446. ......Senior Advocate, instructed by AKM Shahidul Huq, Advocate-On-Record-For the Petitioner. Not Represented-the Respondent. Criminal Review Petition No. 3 of 2009. (From the judgment and order dated 9th November, 2008 passed by this Appellate Division in Criminal Petition for Leave ...... the sentence of death penalty be altered to imprisonment for life. 3. The prosecution case, in brief, is that the deceased Mizanur Rahman along with his friend Hossain Ahmed Jewel (P.W.2) and servant Russel were sleeping in his rented house at 215/4, East Rampura. Some persons introducing th..

Category: Criminal Law | Date: | Hits: 46

Malek Hussain Pir Vs. Begum Nurjahan Khanum and others, 2009, 38 CLC (AD)

....dge, Sunamganj shall proceed against the accused in accordance with law. In the result, the appeal is allowed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 109, VIII ADC (2011) 357. ...... Appellate Division (Criminal) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J ABM Khairul Haque J Malek Hussain Pir.................Appellant Vs. Begum Nurjahan Khanum and others...................Respondents Judgment August 12, 2009. Lawyers Involved: Man......nder Section 200 of the Code of Criminal Procedure and registered the case as Special Case No. 13 of 2001 and passed an order writing to the Government for sanction as out of 10 accused 6 were public servants fixing 25.11.2001 for further order. On 25.11.2001 the District Anti-Corruption Bureau, Sun..

Category: Criminal Law | Date: | Hits: 46

Abdul Gafur Vs. Md. Nuru Miah, 2009, 38 CLC (AD)

....e ground Nos.1 and 2. The petitioners in both the petitions are permitted to prepare paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VII ADC (2010) 279. ......ahman J BK Das J Md. Muzammel Hossain J Abdul Gafur.....................Petitioner (In both the petitions) Vs. Pre-emptor No.1-Md. Nuru Miah being dead his heirs: Md. Muklesur Rahman and  others...........Respondents (In both the peti­tions) Order August 23, 2009. Lawyers......e ground Nos.1 and 2. The petitioners in both the petitions are permitted to prepare paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VII ADC (2010) 279. ..

Category: Property Law | Date: | Hits: 27

Director General of Food, 16 Abdul Goni Road, Dhaka-1000 Vs. Al-Falah Shipping Lines Limited and others, 2009, 38 CLC (AD)

....ation for addition of party. We find no substance in this petition which is accordingly dismissed with the above observation. Ed. This Case is also Reported in: VII (ADC) (2010) 189. ......zul Islam J Md. Abdul Matin J Md. Abdul Aziz J Director General of Food, 16 Abdul Goni Road, Dhaka-1000………….Petitioner Vs. Al-Falah Shipping Lines Limited and others…………….Respondents Judgment May 10, 2009. Lawyers Involved:......ation for addition of party. We find no substance in this petition which is accordingly dismissed with the above observation. Ed. This Case is also Reported in: VII (ADC) (2010) 189. ..

Category: Others | Date: | Hits: 356

Golam Rab Chowdhury Vs. Mrs. Sajeda Begum and others, 2009, 38 CLC (AD)

....e in law and is liable to be set aside. We find substance in this appeal. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 69. ......in CJ Mohammad Fazlul Karim J Md. Abdul Matin J ABM Khairul Haque J Golam Rab Chowdhury…………………………….....Appellant Vs Mrs. Sajeda Begum and others.................Respondents Judgment October 8, 2009. Lawyers Involv......t obtained a rule in Writ Petition No. 7112 of 1997 in which the appellant, Gholam Rob Chowdhury, was impleaded as a party on his application. 5. The appellant claims that he is a gov­ernment servant. In 1975 he was allotted the suit property and since then he has been in possession and when..

Category: Property Law | Date: | Hits: 31

University of Dhaka and others Vs. Md. Jalal Uddin Chowdhury and others, 2009, 38 CLC (AD)

.... for the appellants. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 222, VIII ADC (2011) 288, 16 MLR (AD) (2011) 129.......II ADC (2011) 288, 16 MLR (AD) (2011) 129....... for the appellants. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 222, VIII ADC (2011) 288, 16 MLR (AD) (2011) 129...

Category: Employment/Service Law | Date: | Hits: 68

M. Ali Asgar Vs. M. Muktar Hossain and others, 2008, 37 CLC (AD)

.... 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) 1019. ......………………………………………………….Petitioner Vs. M. Muktar Hossain and others .................Respondents Judgment July 21, 2008. Lawyers Involve...... Servant to vindicate his private acts or characters." 4. It appears from the record that as per Rule 26 of the Government Servant (Conduct) Rules. 1979, the complainant being a public servant, can not institute the proceeding unless he got permission from the authority and as such, ..

Category: Criminal Law | Date: | Hits: 116

National University and others Vs. Begum Sultana Razia, 2009, 38 CLC (AD)

....esent case and in accordance in the fact. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 190, VIII ADC (2011) 307.......) 190, VIII ADC (2011) 307.......tion of the principle of natural justice in such a case." 15. In the case of V.P. Ahuja Vs State of Punjub and others reported in AIR 2000 SC 1080 it was held that "A probationer, like a temporary servant, is also entitled to certain protection and his services cannot be terminated arbitrarily, n..

Category: Employment/Service Law | Date: | Hits: 118

Md. Azizul Hoque Vs. Md. Aftabuddin and others, 2009, 38 CLC (AD)

....at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 971. ...... Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Azizul Hoque.................Petitioner Vs. Md. Aftabuddin and others..................Respondents Judgment       &nb......at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 971. ..

Category: Employment/Service Law | Date: | Hits: 106

Sreemati Priti Rani Chakraborty and others Vs. J.M. Sen Institute, 2006, 35 CLC (AD)

.... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 945. ......ohammad Fazlul Karim J                   Md. Tafazzul Islam J Sreemati Priti Rani Chakraborty and others……………...Appellants Vs. J.M. Sen Institut...... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 945. ..

Category: Property Law | Date: | Hits: 82

A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)

....s are allowed. Proceedings are quashed and the judgment of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 113. ......ons 80-83 only to a Customs Officer who is kingpin of the entire enactment.................(22) The Customs Act, 1969 (IV of 1969), Section 6 Customs officer's authority under the Customs Act and that the Police Officer under the Code of Criminal Procedure are different. The Police officer h......ion The provision for sanction is intended to protect officers of the Government from harassment by unnecessary, frivolous or malicious prosecution. No prosecution shall lie against, these public servants without prior sanction...................(65) The Customs Act, 1969 (IV of 1969), Secti..

Category: Fiscal/Taxation Law | Date: | Hits: 129

S. M. Mosharaf Hossain Vs. Sonali Bank and others, 2009, 38 CLC (AD)

....al cannot be interfered with. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 879. ...... MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J S. M. Mosharaf Hossain ........................Petitioner Vs. The Sonali Bank and others……...............Respondents Judgment May 31, 2009. Law......al cannot be interfered with. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 879. ..

Category: Administrative Law | Date: | Hits: 423