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Anil Chandra Paul Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
....the Respondent. Reference Application No.594 of 2003. Judgment Md. Abdul Hafiz J.- This Reference Application under section 160 of the Income Tax Ordinance, 1984 arises out of an order dated 16‑7‑2003 passed by the Taxes Appellate Tribunal, Chittagong Bench, Chittagong in Income T......e applicant and accordingly, the Deputy Commissioner of Taxes on 29‑12‑2001 re‑opened the assessment of the assessee applicant under section 93 of the Income Tax Ordinance, 1984 and issued notice upon the assessee applicant to file the return for fresh assessment. 4. Pursuant to the ......60 of the Income Tax Ordinance, 1984 arises out of an order dated 16‑7‑2003 passed by the Taxes Appellate Tribunal, Chittagong Bench, Chittagong in Income Tax Appeal (ITA) No.4502 of 2002‑2003 (for assessment year 2000‑2001). 2. The assessee applicant had been carrying on transport busi..Category: Fiscal/Taxation Law | Date: 19 Mar, 2005 | Hits: 4
Abdul Latif Hawlader Vs. Sultan Miah and others, 2005, 34 CLC (HCD)
.....1. Civil Revision No.5672 of 2001. Judgment Afzal Hossain Ahmed J. - This Rule, at the instance of the defendant—appellant-petitioner is directed against the judgment and decree dated 7‑6‑2001 passed by the Subordinate Judge, 2nd Court, Gopalganj in Title Appeal No.37 of 20......r Assistant Judge (in charge), Gopalganj Sadar, Gopalganj in Title Suit No.120 of 1997 are hereby set aside. Ed. This Case is also Reported in: 57 DLR (2005) 574. ......eration money and to execute and register the kabala deed but the defendant No.1 refused to execute and register the kabala deed and hence the plaintiff has been constrained to bring the present suit for specific performance of contract. 3. The defendant No.1 contested the suit by filing a writ..Category: Tenancy Law | Date: 15 Mar, 2005 | Hits: 3
Abdul Halim Gazi and others Vs. Afzal Hossain & ors., 2005, 34 CLC (AD)
.... March 15, 2005. The Constitution of Bangladesh, 1972, Article 102 Whether disputed question of fact as to the question of elected candidate to be a bank defaulter can be decided in a writ petition to set aside the election and whethe......aised objection against the candidature of writ-respondent No.7 but the writ-respondent No.7 managed the local authority to get his nomination paper accepted and that the matter was brought to the notice of the Election Commission but to no effect. The election was held on 09.05.2004 in which th......in a writ petition to set aside the election and whether such a writ petition is maintainable. Disputed question of fact cannot be decided in writ petition specially when such question is pending before the Appellate Division for decision. When there is no question of corum non judice or malice i..Category: Election Law | Date: 15 Mar, 2005 | Hits: 168
Ayub Ali Vs.State, 2005, 34 CLC (HCD)
.... 2005 Judgment Khademul Islam Chowdhury J.-This Rule at the instance of the accused petitioner Ayub Ali was issued calling upon the opposite-party to show cause as to why the impugned order dated 1‑1‑2005 passed by Druta Bichar Tribunal No.1, Dhaka in Druta Bichar Tribunal Case No.31 o......le is vacated. The prayer for stay operation of our judgment and order for 15 (fifteen) days is refused. Ed. This Case is also Reported in: 57 DLR (2005) 230. ......2004 arising out of Tongi PS Case No.07 (05)04, corresponding to GR No.165/2004 should not be set aside. By said order dated 1‑1‑2005 the Tribunal allowed the application filed by the prosecution for calling two persons namely, Hafizur Rahman Habib and Kamrul Hasan nick named Lyton, to be examin..Category: Criminal Law | Date: 12 Mar, 2005 | Hits: 3
Star Jute Mills Ltd. Vs. Chairman Labour Court, Khulna and others, 2005, 34 CLC (AD)
....r petitioners on inquiry. ‘The impugned order of termination under section 19 of the Employment of Labour (Standing Orders) Act, 1965 on 29-3-2000 was obviously due to the outcome of the occurrence dated 15-3-2000’…………………... (9) Judgement of the High Court Division declarin...... Employees Union reported in 25 DLR (SC) 85 that mere fact that the charge was drawn against the employee earlier is no bar to terminate the employment of the employee by giving him salary in lieu of notice under section 19 of the Employment of labour (Standing Orders) Act, 1965. In the instant case......dated 15-3-2000’…………………... (9) Judgement of the High Court Division declaring that the order of termination of respondent is aimed at causing harm to their career, do not call for interference. Lawyers Involved: Md. Khalilur Rahman, Advocate, instructed by Mvi. Md Wahi..Category: Employment/Service Law | Date: 12 Mar, 2005 | Hits: 110
AK Fazlul Hoque Vs. Secretary, Ministry of Housing and Works and others, 2005, 34 CLC (HCD)
....ng the respondents to arrange payment of the pension and gratuity to the extent allowed under Article 2:12 of the Memo No.অম/অবি/বিধি/পেনশন/৩-পি-২৬/৯৪/১৭ dated 1‑6‑1994 issued by Finance Division of the Ministry of Finance, Government of the People&#...... representations to the respondents for payment of his aforesaid retirement benefits but there was no response and thereafter on 24‑1‑2001 the writ petitioner caused issuance of demand of justice notice upon the respondent Nos.1‑5 through registered post for payment of his pension and 80% of t...... the respondents should not be directed to make payment against pension and gratuity to the petitioner, since retired on 19‑2‑1995, in terms of the Service Rules and why the officials responsible for the non‑payment of the pension and gratuity to the petitioner in terms of his service conditio..Category: Employment/Service Law | Date: 8 Mar, 2005 | Hits: 2
....ith Civil Revision No.3992
of 1999.
Judgment
Bijan Kumar Das J.- These rules were issued calling upon the opposite party
Nos.1-12 to show cause as to why the impugned judgment and decree dated
30-5-1999 passed by the 8th Court of the Additional District Judge, Dhaka
allowing Title App......llate court held that the burden of proof lies on
the plaintiff to prove that the suit property became enemy property and
subsequently vested in the government. The lower appellate court further
noticed that fraud and non-joinder of party are not similar and for non-joinder
of party it can not......tle Suit No.66 of 1991 in the Court of the Subordinate Judge,
Additional Court, Dhaka impleading the opposite party No.1 as defendant No.1
and other opposite parties as other defendants praying for declaration that the
judgment and decree dated 5.6.1980 passed in Title suit No.346 of 1977 by ..
Category: Property Law | Date: 23 Feb, 2005 | Hits: 5
M/s. Shanker Kumar Das Vs. Government of Bangladesh and 6 others, 2005, 34 CLC (HCD)
....le Nisi was issued at the instance of Sankar Kumar Das, calling upon the respondents to show cause as to why the impugned Resolution No.2.4.9 adopted in Annual Development Program (2002-2003) Meeting dated 3.9.2002 i.e. Annexure F-1 and the impugned letter dated 27.1.2003 i.e. Annexure-H so far as i......1.2003 (Annexure-H), the payment due to the petitioner had been held up for an indefinite period. 5. Being aggrieved for the non-payment of the bills for the project completed by the petitioner, a notice demanding justice dated 5.3.2003 (Annexure-K) was issued on behalf of the petitioner but with......nse to an advertisement the petitioner submitted a bid properly and obtained work order contained in Memo No.W-4/1429 dated 12.6.2002 from the Executive Engineer (R & H), Road Division, Gopalganj for constructing Flexible Pavement over Hatbaria-Golabaria Road 9th (Angsha) and 10th (Angsha). The ..Category: Civil Law | Date: 23 Feb, 2005 | Hits: 31
....dvocate, instructed by Md. Nawab Ali, Advocate-on-Record— For Respondent No. 1.
Not represented—Respondent Nos. 2-3.
Civil Appeal No. 163 of 2003.
(From the judgment and order dated 7th January, 2002 passed by the High Court Division in Matter No. 94 of 2000).
Judgment......h company it is expected that he should be allowed to participate in the management of the company. He then submits that the respondent No. 1 was removed by an illegal meeting as he was not given any notice of the meeting required under section 88(2) of the Companies Act. No notice has been produced......irecting the appellant Nos. 2 and 3 to purchase the share of the respondent No. 1 within 3 months from the date of assessment of the value of the shares of the appellant No. 1 company.
2. The aforesaid Matter No. 94 of 2000 arose out of an application filed by the respondent No. 1 under secti..
Category: Company Law | Date: 22 Feb, 2005 | Hits: 364
Government of Bangladesh Vs. Md. Abu Bakar, 2006, 35 CLC (AD)
..... B. M. Nurul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate -on-Record- For the Respondent. Civil Appeal No. 79 of 2003. (From the judgement and order dated 9-11-2000 passed by the Administartive Appellate Tribunal in Appeal No. 66 of 1998). J......rge of the Examination Centre nor was he at the centre when the trouble arose at about 11.15 A.M. The enquiry found him guilty in its report dated 29.10.1992. He was served with a second show cause notice on 07.02.1993 proposing imposition of major penalty, to which he sent reply pleading innocen...... joined Government service as Circle Officer on 13.06.1977. Thereafter on 15.01.1984 he entered into Cadre Service. While he was Thana Magistrate, Muladi in the District of Barisal he was selected for training in the B.C.S. Academy at Shahbagh and he joined the training course on 26.02.1989. The..Category: Administrative Law | Date: 16 Feb, 2005 | Hits: 126
Govt. of BD rep. by the Sec., Min. of Establishment Vs. Md. Abu Bakar, 2005, 34 CLC (AD)
....Hossain, Advocate-on-Record—For the Petitioners. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 386 of 2003. (From the judgment and order dated 9th February, 2002 passed by the High Court Division in Writ Petition No. 673 of 2001). ......lotment of a plot to the writ petitioner. 5. So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ......... ..................Respondents Judgment February 16th, 2005. The Constitution of Bangladesh, 1972, Articles 102 & 103 The respondent brought the writ petition for getting allotment of a Government plot as an affected applicant. The High Court Division direct..Category: Property Law | Date: 16 Feb, 2005 | Hits: 69
Siraj Miah Vs. Mohammad Miah and others, 2005, CLC (HCD)
.... Civil Revision No.244 of 1997. Judgment Abdus Salam Mamun J.- This Rule was issued calling upon the opposite party Nos.1, 3 and 4 to show cause as to why the impugned Judgment and decree dated 20‑5‑1996, decree signed on 26‑5‑1996 passed by the learned Subordinate Judge, 1st Cou......ed that from the evidence on record it cannot be said that the Plaintiff was aware of the transaction between the defendant No.1 and the defendant No.4. The plaintiff was a bonafide purchaser without notice and his sale deed will have the preference over the Bainapatra. 17. The Bainapatra was a...... and proper. 2. Facts leading to the issuance of this Rule, in short, are that the plaintiff-petitioner instituted the Title Suit No.91 of 1977 in the Court of the Munsif 2nd Court, Feni praying for partition of his share upon determination of title, stating, inter alia, that the defendant No.1..Category: Property Law | Date: 7 Feb, 2005 | Hits: 2
Chairman, Sherpur Paurashava Vs. Md. Jahangir Hossain Chowdhury, 2005, 34 CLC (AD)
.... Not represented— Respondent No. 9. Not represented — Respondents. Civil Petition for Leave to Appeal Nos. 336 & 337 of 2003. (From the judgment and order dated 5th November 2002 passed by the High Court Division in Civil Revision Nos. 2076 and 2077 of 19......tely settled to Tazammel Huq Chowdhury on 12 Chaitra 1351 BS and he being in possession the record was wrongly done in favour of the Government for which Other Suit No. 1379 of 1980 was filed and the notice of the suit was regularly served upon the Government and the suit was decreed and, as such, t......ia Khatun, Advocate-on-Record — For Respondent Nos. 1—8. Not represented— Respondent No. 9. Not represented — Respondents. Civil Petition for Leave to Appeal Nos. 336 & 337 of 2003. (From the judgment and order dated 5th Novemb..Category: Property Law | Date: 1 Feb, 2005 | Hits: 118
Mustaque Hossain (Md). Vs. Md. Shajahan Miah and another, 2005, 34 CLC (AD)
....b Ali, Advocate‑on‑Record‑ For Respondent No. 1. Not represented‑for Respondent Nos. 2. Civil Petition for Leave to Appeal Nos. 1262 & 1263 of 2004. (From the judgment and order dated 26th April 2004 passed by the High Court Division in Civil Revision No.305 of 2003 with Civil ...... he requires the suit shop for the purpose of giving accommodation to his son to start a business over there and he is the eldest son in his family and though matriculate but is unemployed and served notice on the defendants under section 106 of the Transfer of Property Act to vacate the suit shop. ......nant a non-ejectable one and no interest other than tenancy right recognised by law could be created on payment of salami so as to prevent the tenant not liable to be ejected on specific legal ground for the purpose………………….(14) Case referred to: Munshi Amiruddin Ahmed vs. Begum..Category: Tenancy Law | Date: 1 Feb, 2005 | Hits: 120
SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
.... this application under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi was issued calling Upon the respondents to show cause as to why (i) letter of allotment dated 19‑7-1993 issued by respondent No.2 allotting petitioners land by number as industrial plot ......e in LA Case No.16 of 1959‑60 for the purpose of cutting earth for the Railway Department. The land was subsequently requisitioned, released and restored to Mrs. Madlena D Rozario by issuing a notice under Rule 10(2) of the (Emergency) Requisition of Property Rules, 1949 issued under the join......ted by the Secretary, Ministry of LA & LR and others Vs. Commercial Trust of Bangladesh Ltd. and others, 1994 BLD (AD) 72=46 DLR (AD) 83; Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, Government of Bangladesh and others, 51 DLR (AD) 84. Lawyers Involved: TH Khan with..Category: Property Law | Date: 16 Jan, 2005 | Hits: 7
Monohar Joarder and others Vs. State, 2005, 34 CLC (HCD)
....peal is directed at the instance of the accused‑appellant Monohar Joarder and 10 others under section 410 of the Code of Criminal Procedure against the judgment and order of conviction and sentence dated 25‑3‑1997 passed by the learned Additional Sessions Judge, 1st Court, Kushtia in Sessions ......ip;…..(Para 23). 47. In the case of State Vs. Khalilur Rahman reported in 48 DLR 184 it was observed by their Lordships as follows: ................In the presentcase we have already noticed that accused Khalilur Rahman has merely struck on deceased Sikim Ali with sulfi only once. A......ed Additional Sessions Judge, 1st Court, Kushtia in Sessions Case No.72 of 1990 convicting them under sections 302/149 of the Penal Code and sentencing them thereunder to suffer rigorous imprisonment for life and to pay a fine of Taka 10,000 each, in default, to suffer rigorous imprisonment for a fu..Category: Criminal Law | Date: 15 Jan, 2005 | Hits: 3
Barkatullah Khan (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....or the Respondents. Writ Petition No.5557 of 2003. Judgment Zubayer Rahman Chowdhury J. - By this application under Article 402 of the Constitution, the petitioner challenges the order dated 1‑7‑2002 terminating his service as a probationer in the Bangladesh Police Service. 2......ils the impugned order on the ground that an act of injustice has been meted out to the petitioner by issuing the impugned order. He submits that the petitioner was neither given any prior show cause notice for any opportunity to be heard, which is in violation of the principle of natural justice. M......der or orders passed as to this Court may seem fit and proper." The petitioner, on completion of his studies at the University, successfully appeared in the BCS examination and was selected for appointment in the Police Service, as evidenced by Annexure ‘F’ to the supplementary..Category: Employment/Service Law | Date: 15 Jan, 2005 | Hits: 2
Habibullah (Md) Vs. Sher Ali Khan and others, 2005, 34 CLC (AD)
....uayum, Senior Advocate with him instructed by Md. Nawab Ali, Advocate-on-Record - For the Appellant. Ex-parte ‑ the Respondents. Civil Appeal No. 124 of 2000. (From the Judgment and order dated July 7, 1997 passed by the High Court Division in Civil Revision No. 502 of 1988). Judgment......ation of the materials on record arrived at the finding that the defendant is in possession of the land in respect where of decree for permanent injunction has been prayed for. The appellate Court noticed that on the day following the date on which the preliminary decree was passed the plaintiff...... the judgment and decree dated November 27, 1985 of the 2nd Court of Munsif (now Assistant Judge), Dhaka passed in Title Suit No. 356 of 1985 dismissing the same. The suit was filed seeking decree for permanent injunction. 2. Plaintiffs filed the suit stating, inter alia, that CS recorded ten..Category: Civil Law | Date: 15 Jan, 2005 | Hits: 177
Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)
....te Parties. Civil Revision No.1035 of 1995. Judgment Salma Masud Chowdhury J.- This Rule was issued calling upon the opposite party No.1 to show cause as to why the judgment and decree dated 21‑1‑95 and 28‑1‑95 passed by the Sub-Judge, 1st Court, Barisal in Title Appeal No.30 ......tuary mortgage which created a legal right automatically in favour of the plaintiff to get back his land after 3 years and so the claim of defendant No.3 as bonafide purchaser for value without notice of the agreement under section 27(b) of the Specific Relief Act is not applicable. He also su......re mere defects or irregularities in the procedure and not an illegality when section 99 of the Code of Civil Procedure aims to prevent such procedural technicalities. Non compliance of the procedure for marking the exhibits and to prepare the exhibits list does not destroy the validity of the Court..Category: Property Law | Date: 10 Jan, 2005 | Hits: 2
Afzal Molla (Md.) Vs. Government of Bangladesh & others, 2005, 34 CLC (HCD)
....eclaration that he is the permanent licensee of the suit land and for permanent injunction with a prayer for mandatory injunction. The suit was dismissed by the trial Court by its judgment and decree dated 23‑9‑1998 which was affirmed by the appellate Court below vide judgment and decree dated 6......e and the same is liable to be discharged. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 586. ......ion Act. 2. The petitioner in his application has stated, short, inter alia, that he as plaintiff filed Title Suit No.10 of 1993 in the Court of learned Senior Assistant Judge, Sadar, and Khulna for declaration that he is the permanent licensee of the suit land and for permanent injunction with..Category: Limitation Law | Date: 10 Jan, 2005 | Hits: 6
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