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Sharifuddin and others Vs. Commissioner of Customs and others, 2009, 38 CLC (AD)

..... The appeals are therefore allowed without any order as to cost. The civil petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ......t the vested right acquired by a party by taking a decisive step acting on the notification granting exemp­tion as came up in Hannans case, also came up for consideration before the Supreme Court of Pakistan in the case Al-Samrez Enterprise Vs. Federation of Pakistan, 1986 SCMR 1917, wherein the op....... The appeals are therefore allowed without any order as to cost. The civil petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ..

Category: Fiscal/Taxation Law | Date: | Hits: 128

Durga Prasad Singh Hajari Vs. Commissioner of Taxes, Taxes Zone 3, Chittagong, 2007, 36 CLC (HCD)

....come Tax Ordinance, 1984 accepts and respects the Hindu personal law as it accepts a Hindu undivided family as a person when a return of income is so filed on behalf of such undivided family. Also, a member of such family can file the return of his income if he/she got such income assessable to tax......lated in the negative and in favor of the assessed and against the revenue. No cost. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 723; 13 MLR (HCD) (2008) 397. ......lated in the negative and in favor of the assessed and against the revenue. No cost. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 723; 13 MLR (HCD) (2008) 397. ..

Category: Fiscal/Taxation Law | Date: | Hits: 138

Razia Khanam Vs. Md. Shamuzzoha Khan & Others, 2007, 36 CLC (HCD)

....h the peon of the college but she refused to receive the said notice and refused to put signature on the notice book. The decision dated 29.9.2003 was taken very lawfully. The defendant Nos.2-4 being members of the ad-hoc Committee and the defendant No.1 being the Chairman of the said Managing Commi...... granted by this Court dated 5.9.2005 is hereby vacated. 30. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 355. ...... granted by this Court dated 5.9.2005 is hereby vacated. 30. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 355. ..

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

Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)

....m confiscation. 26. Before we undertake to examine the liability of the petitioner under the Customs Act, 1969 and the Imports and Exports (Control) Act, 1950 and under any penal law, it must be remembered that both the adjudication order was passed and criminal proceeding launched on the assumpt......wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ......wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ..

Category: Fiscal/Taxation Law | Date: | Hits: 246

Paritosh Chandra Nag Vs. Bangladesh represented by Secretary, Ministry of Land, 2008, 37 CLC (HCD)

....is discharged without any order as to cost. The order of status quo granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 214. ......n a civil case is pending before any Court, writ petition involving the same property is not maintainable……………………………(13) Case Referred to- Faridsons Ltd. Vs. Government of Pakistan, 13 DLR (SC) 233; Nawabkhan Abbaskhan Vs. State of Gujrat, AIR 1974 (SC) 1471; Shahajadi Be......is discharged without any order as to cost. The order of status quo granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 214. ..

Category: Property Law | Date: | Hits: 107

Sahabuddin Vs. State, 2008, 37 CLC (HCD)

....ecution version is, also, required to be judged taking into account overall circumstances of case with a practical, pragmatic and reasonable approach in appreciation of evidence. It is always to be remembered, that the graver the charge the greater is the standard of proof required………………......be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 54. ......be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 54. ..

Category: Criminal Law | Date: | Hits: 85

Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)

....e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ......- Dadi Jarnadham Vs. Jammulu, AIR 2001 (SC) 2699; SN Kabir Vs. Fatema Begum, 15 BLC 585; Income Tax Vs. Tara Agencies, 6 (2007) Supreme Court Cases 429; Md. Ismail Vs. State, 21 DLR (SC) 161; East Pakistan Vs. Rowshan Bijaya Shaukat Ali Khan, 18 DLR (SC) 214; Miah Mohammad Vs. Ghulam Mustafa, PLD......e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ..

Category: Criminal Law | Date: | Hits: 84

Manu Mia @ Malu Mia &Others Vs. State, 1989, 18 CLC (HCD)

....le Ext.1. This Rai Charan Barman was alive when the criminal case was filed but during pendency of the case after re­mand he died. One certificate dated 25.8.89 was giv­en by one Md. Abdul Hamid, a member of ward No.3 of No.4 Mouzak union parishad, Upazila Kaliakair, District Dhaka. In that certif...... the charge levelled against them. The petitioners on bail in both the Rules shall be discharged from their bail bonds im­mediately. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 191. ...... the charge levelled against them. The petitioners on bail in both the Rules shall be discharged from their bail bonds im­mediately. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 191. ..

Category: Procedural Law | Date: | Hits: 111

Romisa Khanam Vs. Secretary, Ministry of Land, Government of People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)

....ng out of a record-of-rights relates to the time when it was prepared and with the passage of time, as the state of things starts changing and such presumption also loses its weight. But it must be remembered that a finally prepared and published record-of-rights takes precedence over the last recor......uddin Vs. Bangladesh, 1 BLC 375; Additional Deputy Commissioner (Revenue) Vs. AKM Latiful Karim, 1 BLC 567; Pramatha Nath Chowdhury Vs. Kamir Mandal, 17 DLR (SC) 392; Jalil Ahmed Vs. Province of East Pakistan, 19 DLR 106; Tanvir Ahmed Siddiky Vs. Province of East Pakistan, 20 DLR (SC) 144 = PLD 1968...... of respondent No. 2 presented under Rule 31 Of the Tenancy Rules, 1955 are accordingly, restored. Communicate at once. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 18. ..

Category: Property Law | Date: | Hits: 120

Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)

....and fraudulently in violation of the provisions of the Order and the Constitution. 5. The Petitioner also alleged that the law enforcing agencies started indiscriminate arrest and torture upon the members belonging to different groups of Bangladesh Awami League and other allied organisations, deb......hers Vs. Shahabuddin Ahmed Chowdhury and others, 18 DLR 198; Maran Monad and others Vs. Assistant Custodian of Vested & Non-Resident Properties (L&B) and others, 3 MLR 18; Islamic Republic of Pakistan through Defence Secretary, Government of Pakistan Karachi Vs. Nazar Din Khattak & Sons,...... Rahman. He also showed pieces of burnt pages and ashes of the Holy Quran alleged to have been burnt by the Awami League Workers. 22. The witness supported the assertion of the Petitioner that the Army arrested and tortured a large number of workers of Awami League, Juba League, Chatra League, Kr..

Category: Election Law | Date: | Hits: 300

Md. Daud Nabi Alias Daud Vs. State, 2009, 38 CLC (HCD)

....designated as grievous:- Firstly Emasculation. Secondly Permanent privation of the sight of either eye. Thirdly Permanent privation of the hearing of either ear. Fourthly Privation of any member of joint. Fifthly Destruction or permanent impairing of the powers of any member or, joint...... set at liberty at once if not wanted in any other case. Send the lower Court's records along with a copy of this Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 45. ...... set at liberty at once if not wanted in any other case. Send the lower Court's records along with a copy of this Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 45. ..

Category: Criminal Law | Date: | Hits: 91

Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)

....tion (BNWLA) Vs. Government of Bangladesh and Others in Writ Petition No.5916 of 2008. Guideline -9 (a).............................................. (b) The committee will have minimum five members and majority of members will be women. The head of the committee should be a woman, if avail......ntion, she cites the case of President Vs. Shaukat Ali, PLD 1971 SC 585. 43. The case arises out of a proceeding initiated against a Judge before the Supreme Judicial Council. The Supreme Court of Pakistan held as under: "Moreover, an inquiry into the conduct of a Judge is neither a criminal i...... Judgment complying with the principles of natural justice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ..

Category: Employment/Service Law | Date: | Hits: 169

Santosh Mia Vs. State, 1989, 18 CLC (HCD)

....individual in the society and other necessities to prevent recurrence are right factor. Heinousness of the crime is a relevant factor in the choice of Sen­tence. 27. The appellant is admittedly a member of law enforcing agency. It is not expected of him to take law in his own hand. So having reg......nced to 5 (five) years rigorous imprisonment. In the result, the appeal is dismissed and the Rule is made absolute in above terms. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 171. ......nced to 5 (five) years rigorous imprisonment. In the result, the appeal is dismissed and the Rule is made absolute in above terms. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 171. ..

Category: Criminal Law | Date: | Hits: 118

Jahirul Islam (Md.) Vs. Rokeya Begum and others, 2009, 38 CLC (HCD)

....of the rule stands vacated. Send down the lower Court record together with copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 225. ......ading and non consideration of the evidences on record. In such cases, the judgment will be liable to be set aside………………(15) Cases Referred to- Mohiuddin Mollah Vs. Province of East Pakistan, 14 DLR (SC) 112;Hakim Mia, 43 DLR 360;43 DLR 360; Ezher Meah Vs. Shaker Banu, 2 BLC (AD) 3......of the rule stands vacated. Send down the lower Court record together with copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 225. ..

Category: Civil Law | Date: | Hits: 153

Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)

....strict Magistrates, Dhaka, Chittagong and Khulna, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ......f any, to be adopted, the effect of the decision on the person affected and other indicia afforded by the statute…………………….(32) Cases Referred to- Gholam Jilani Vs. Government of Pakistan, 19 DLR (SC) 403; Khuda Bux Vs. Panjo, AIR 1930 (Sind) 265 (FB); Government of West Pakista......strict Magistrates, Dhaka, Chittagong and Khulna, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ..

Category: Criminal Law | Date: | Hits: 114

Muhibur Rahman Manik and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....ion of law. In the result, the Rules are discharged without any order as to cost. The orders of stay granted earlier are vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 636. ...... such transfer amounts to denial of the protection given to the citizens under Article 27 of the Constitution. Article 27 is similar to Article 14 of the Indian Constitution and Article 5 of the then Pakistan Constitution. We may mention here that Anwar Ali's case as reported in AIR 1952 was decided......ion of law. In the result, the Rules are discharged without any order as to cost. The orders of stay granted earlier are vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 636. ..

Category: Criminal Law | Date: | Hits: 177

Khokan Kumar Saha Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)

.... নিকট পেশ করার অধিকার আপনার রহিয়াছে”।   6. It appears that in ground No.1 it has been stated that the detenu is an active member of "Independent Bangabhumi Movement, in ground No.2 it has been stated he is actively connect......in custody in Dhaka Central Jail, be released from custody forthwith if his further detention is not required in any of the connection. Ed. This Case is also Reported in:42 DLR (HD) (1990) 164. ......in custody in Dhaka Central Jail, be released from custody forthwith if his further detention is not required in any of the connection. Ed. This Case is also Reported in:42 DLR (HD) (1990) 164. ..

Category: Criminal Law | Date: | Hits: 74

Abul Kashem Bhuiyan Vs. State, 1998, 27 CLC (HCD)

....n the Court of Magistrate, 1st Class, Khagrachari Hill Tracts is hereby set aside and quashed. Send copy of the judgment immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 631. ......n the Court of Magistrate, 1st Class, Khagrachari Hill Tracts is hereby set aside and quashed. Send copy of the judgment immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 631. ......n the Court of Magistrate, 1st Class, Khagrachari Hill Tracts is hereby set aside and quashed. Send copy of the judgment immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 631. ..

Category: Criminal Law | Date: | Hits: 89

State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)

....law of the accused. The accused had stayed in the house of his father-in-law Nurul Islam in the night of occurrence and after the occur­rence the accused had become puzzled and without informing the members of the family of his father-in-law he left the house leaving his motorcycle and all these fa......dgment and order be communicated to the concerned Tribunal at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ......dgment and order be communicated to the concerned Tribunal at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ..

Category: Criminal Law | Date: | Hits: 147

Md. Aftab Uddin Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)

....harge by the Respondent No.5. 8. The learned Advocate appearing for the petitioner submits that the writ petitioner is a practicing Advocate of the Supreme Court of Bangladesh and earlier he was a member of the Bangladesh Civil Service (Judicial) and retired as a District and Sessions Judge (Sele......na, Dhaka. Let a copy of this judgment and order be placed before the learned Chief Justice for his perusal and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 105. ......na, Dhaka. Let a copy of this judgment and order be placed before the learned Chief Justice for his perusal and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 105. ..

Category: Constitutional Law | Date: | Hits: 361