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Nantu Mia alias Nandu Mia alias Namdu Miah and others Vs. State, 2006, 35 CLC (HCD)
.... hereby disposed of. Send down the lower Courts record at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 30.......n section 35A(1) of the Code of Criminal Procedure, the total period the appellants have been in custody before pronouncement of judgment by the trial Court in connection with this offence shall be deducted from the sentence of imprisonment. With the above observation suo moto Rule No 122(R) of......h Court Division (Criminal Appeal Jurisdiction) Present: AKM Fazlur Rahman J SM Ziaul Karim J Nantu Mia alias Nandu Mia alias Namdu Miah and others………….Appellants Vs. State..............Respondent Judgment February 13, 2006. Lawyers involved: SM Shahjahan ...... hereby disposed of. Send down the lower Courts record at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 30...Category: Criminal Law | Date: | Hits: 44
Ala Meah, being dead his heirs are Syed Ali & ors. Vs. Ali Ahmed, 1986, 15 CLC (HCD)
....e Judge for fresh disposal of the appeal in the light of the observations made herein above. In the circumstances I make no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 26.......e Judge for fresh disposal of the appeal in the light of the observations made herein above. In the circumstances I make no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 26.......mp; ors..............Appellant Vs. Ali Ahmed………………………….Respondent. Judgment August 13, 1986. Case Referred to- Sree-Durga Charan Chunder Vs. Kharda Co. Ltd. 20 Cat. WN 254 - (AI.R. 1916 Cal: 367). Lawyers Involved: Ahsanul Kabir, Advocate - For the appel......ch of the Calcutta High Court in the case of Biswanath Banerjee and others-Vs. Balailal Mukhopadhya and others, AIR 1973 Cal. 345 at page 351 of the report, that "where there is a clear picture as to source of passing of consideration in a transaction, long and continued possession of the parties tr..Category: Property Law | Date: | Hits: 29
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
....ffice is directed to send a copy of this judgment to the Secretary, Law Commission, Dhaka, for perusal and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 359. Part One ......ffice is directed to send a copy of this judgment to the Secretary, Law Commission, Dhaka, for perusal and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 359. Part One ...... Ed. This Case is also Reported in: 57 DLR (2005) 359. Part One ......f all Judges, even the personal traits of the members of the Bar and the Judges are quite often fully known to the Chief Justice and other judges of the Court who get such information from various sources. There may, however, be some personal trait of an individual lawyer or Judge, which may be..Category: Criminal Law | Date: | Hits: 130
Resource International Vs. MV Sargodha and others, 2001, 30 CLC (HCD)
.... to the extent of 1002 bags out of 3,299 bags and that there was short delivery and torn bags in total 18.90 and the plaintiff has lost 1020.90 bags of rice worth of Taka 11,86,182.91 including duty, tax, port and clearing charges. The survey was conducted on 6th and 8th June, 1995 and the defendant......sted by this Court due to the default of the defendants and consequently, the counter-claim is not entertainable and the same is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 381. ......the same is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 381. ......tainable and the same is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 381. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 214
Oram Limited Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka, 2000, 29 CLC (HCD)
....28,688.00 for the period from August, 1995 to May, 1997 are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 53 DLR (2001) 373. ......28,688.00 for the period from August, 1995 to May, 1997 are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 53 DLR (2001) 373. ......al Original Jurisdiction) Present: Md. Fazlul Karim J Md. Abdul Wahhab Miah J Oram Limited………………….Petitioner Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka………Respondents Judgment December 4, 2000. Result: The Rule is made abs......28,688.00 for the period from August, 1995 to May, 1997 are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 53 DLR (2001) 373. ..Category: Fiscal/Taxation Law | Date: | Hits: 91
Meghna Petroleum Marketing Co. Ltd. and others Vs. MF Limited and others, 2001, 30 CLC (HCD)
....nance 1984 reads as follows— “The corporation may by notice call upon any persons to furnish such information, produce such record or accounts or to present such goods or animal liable to any tax, rate, case, toll or fee as may be necessary for the purpose of determining the liability of suc......No.274 of 1980 stands dismissed. The parties are directed to bear their respective costs although. Sand down the LC Record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 368.......ected to bear their respective costs although. Sand down the LC Record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 368.......No.274 of 1980 stands dismissed. The parties are directed to bear their respective costs although. Sand down the LC Record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 368...Category: Fiscal/Taxation Law | Date: | Hits: 91
National Board of Revenue Vs. Dulal Chandra Bhoumik, 2009, 38 CLC (AD)
.... Petition No.8835 of 2008 making the Rule absolute and directing the respondents to assess the customs duty and other charges and release the petitioner's imported goods on payment of customs duties, taxes and other charges. 2. The facts, in short, are that the writ petitioner filed the aforesa......vision in Writ Petition No.8835 of 2008 is stayed till disposal of the appeal. The petitioners are permitted to add additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 584. ......No.8835 of 2008 is stayed till disposal of the appeal. The petitioners are permitted to add additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 584. ......vision in Writ Petition No.8835 of 2008 is stayed till disposal of the appeal. The petitioners are permitted to add additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 584. ..Category: Fiscal/Taxation Law | Date: | Hits: 73
Azizur Rahman Khan and others Vs. Md. Aynul Miah and others, 2010, 39 CLC (AD)
....r of stay granted earlier by this Court shall continue till disposal of the appeal. Let the appeal be made ready for expeditious hearing. Ed. This Case is also Reported in: VII ADC (2010) 545.......r of stay granted earlier by this Court shall continue till disposal of the appeal. Let the appeal be made ready for expeditious hearing. Ed. This Case is also Reported in: VII ADC (2010) 545.......r by this Court shall continue till disposal of the appeal. Let the appeal be made ready for expeditious hearing. Ed. This Case is also Reported in: VII ADC (2010) 545.......itance which was not correct at all. They were owner by purchase themselves and not by inheritance from Late Haji Nasiruddin Allahwalla. There is no explanation about such wrong statement about the source of their ownership. Besides, the properties mentioned in the schedule of the power of attorne..Category: Property Law | Date: | Hits: 21
Dinesh Chandra Deb Vs. Dulal Chandra Karmakar and others, 2001, 30 CLC (HCD)
.... vacated. Let a copy of the judgment be communicated to the learned Senior Assistant Judge concerned. Send down the LC record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 259....... vacated. Let a copy of the judgment be communicated to the learned Senior Assistant Judge concerned. Send down the LC record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 259.......ent: Syed Mahmud Hossain J Dinesh Chandra Deb………..Petitioner Vs. Dulal Chandra Karmakar and others….. Opposite Parties Judgment March 29, 2001. Cases Referred To- State (Delhi Administration) Vs. Pali Ram AIR 1979 (SC) 14; Krushna Chandra Vs. Commissioner of Endowm......the court to have been written by the same person. But it does not specifically say by whom such comparison may be made. Construed in the light of English law on the subject, which is the legislative source of this provision, it is clear that such comparison may be made by a handwriting expert (Sect..Category: Procedural Law | Date: | Hits: 85
Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....e Rules are discharged without any order as to costs. The order of stay granted by this court earlier the above Rules, are hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 237.......e Rules are discharged without any order as to costs. The order of stay granted by this court earlier the above Rules, are hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 237....... others 16 BLD (AD)110 ; Mostafa Kamal Moulvi Mohammad Khorshed Vs. Secretary Ministry of Law, Justice and Parliamentary Affairs, 50 DLR (AD) 82. Lawyers Involved: Abdur Razzaq, Advocate-For the Petitioners (In Writ Petition Nos. 2419 of 1998, 2037 of 1998, 2576, 2569. 1441, 2400, 1......efore the respondent on 28-12-93 under Rule 8(6) of the Muslim Family law. During the pendency of the review petition when he has been functioning as a Nikah Registrar he came to know from a reliable source that ward No. 47 has been taken out of his jurisdiction by an office order passed on 1-7-98 a..Category: Constitutional Law | Date: | Hits: 109
Abdul Hamid Chowdhury and others Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....995-96 (Assessment year 1992-93) and ITA No. 644 of 1995-96 (Assessment year 1993-94) by the Taxes Appellate Tribunal, Division Bench-1, Dhaka. 5. The original assessee-applicant submitted income tax return for the assessment year 1992-93 showing a total income of Taka 93,916.00 but in assessing......the assessment year 1992-93 showing a total income of Taka 93,916.00 but in assessing the total income of the assessee applicant the DCT estimated gross income from profession at Taka 3,00,000.00 and deducted expenses of an amount of Taka 1,25,000.00 and thus computed net income from profession at T........ Respondent Judgment May 29, 2000. Lawyers Involved: Khandker Faziur Quadir—For the Applicants. Dabiruddin Ahmed, Deputy Attorney General—For the Respondent. Reference Application Nos. 31 and 32 of 1998. Judgment Syed Amirul Islam J. - As common question of facts and...... Accordingly, we answer both the questions in the negative and in favour of the assessee applicant, however, without any order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 234...Category: Fiscal/Taxation Law | Date: | Hits: 64
Titas Gas (T & D) Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....e fact that Assessee Company maintained all the vouchers and the DCT could not find out any specific defect; (v) Whether the Taxes Appellate Tribunal was justified in law in not allowing rebate of tax as Industrial Tax Company. And in respect of Reference Application Nos. 46 of 1994, 47 of 1994 a......owance in profit and loss account and these questions have been formulated in the following terms: “Whether, the Taxes Appellate Tribunal was justified in not allowing deduction of the amount as deducted as Jamuna Bridge Levy, and In reference Application Nos. 47 of 1994 and 48 of 1994 a furthe......icant 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. ......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 82
Bangladesh Water Development Board Vs. Contractor, Manu Barrage, 2000, 29 CLC (HCD)
....ll realisation. The parties are directed to bear their own respective costs. Send down the record of the case without any further delay. Ed. This Case is also Reported in: 53 DLR (2001) 200. ......uding MS Rod. In the interest of work the defendant made prayer to the government for supply of MS Rod and Government approved their prayer and accordingly, the price at the rate of Taka 8,124.00 was deducted from the bills of the plaintiff and as it was done on the order of the Government the plain......own respective costs. Send down the record of the case without any further delay. Ed. This Case is also Reported in: 53 DLR (2001) 200. ......ll realisation. The parties are directed to bear their own respective costs. Send down the record of the case without any further delay. Ed. This Case is also Reported in: 53 DLR (2001) 200. ..Category: Civil Law | Date: | Hits: 132
Gonesh Ghosh Vs. Babu @ Sabir Ahmed and others, 2010, 39 CLC (AD)
....the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 501.......the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 501.......bstance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 501.......hob Lal Ghosh and his other four brothers. On the other hand, the defendant stated that "Kha' scheduled property was the self acquired property of Keshob Lal Ghosh who purchased the same from his own source of income and personal wealth. It is admitted that 'Kha' scheduled property measuring .142/3 ..Category: Property Law | Date: | Hits: 29
Md. Azim Uddin Vs. Md. Abdul Latif and others, 2010, 39 CLC (AD)
.... correctly prepared and finally published in his name. He paid rents to the Government authority and received receipts for the same. His name is also recorded in the Municipal record. He paid holding tax. Amiruddin Ostagar owned and possessed the suit property openly for a long time to the exclusion......llate judgment and decree and restored those of the trial court. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 484.......e and restored those of the trial court. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 484.......llate judgment and decree and restored those of the trial court. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 484...Category: Property Law | Date: | Hits: 24
Anti-Corruption Commission Vs. Nargis Begum & others, 2009, 38 CLC (AD)
....hat in Writ Petition No. 10744 of 2007 the petitioners are the wife and three children of the former Minister Tariqul Islam. It is stated that the petitioners are doing business and paying income tax on the basis of separate files, namely TIN: 417-105-3949/C-II/Jessore: TIN: 424-106-5073/C-1/Jes......e find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 279. ......he submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 279. ...... On 9-9-2007 an FIR being Kotwali Model PS Case No.24/216 corresponding to ACC GR No.1 of 2007 was lodged against Tariqul Islam and the petitioners for acquisition of assets disproportionate to known source of his income. After completion of the investigation, the police submitted a charge sheet aga..Category: Anti-Corruption Laws | Date: | Hits: 168
Anti-Corruption Commission Vs. Dr. Muhiuddin Khan Alamgir and others, 2010, 39 CLC (AD)
.... the High Court Division on the contrary found on evidence that the appellant does not have any balance in the accounts which contradict the amounts mentioned in his statement of assets or the income tax returns furnished by him. 12. So far the finding of the learned Special Judge that the respon......dy been acquitted on merit of the case as is in this case. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 290, VIII ADC (2011) 78. ......it of the case as is in this case. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 290, VIII ADC (2011) 78. ......lementary charge sheet was also submitted on 21.05.2007 against the respondent no.1, bringing the allegation of concealment of total Tk.3,27,88,465/-which he allegedly acquired beyond his known legal source of income and the learned Special Judge framed Charge under sections 26(2) and 27(1) of the A..Category: Anti-Corruption Laws | Date: | Hits: 231
Dr. Mohiuddin Farooque Vs. Bangladesh & others, 2001, 30 CLC (HCD)
....n 30.7.2010. In the meantime, if any of the respondents feel it necessary for further direction, they are at liberty to approach the Court. Ed. This Case is also Reported in: 15 BLC (2010) 61. ......n 30.7.2010. In the meantime, if any of the respondents feel it necessary for further direction, they are at liberty to approach the Court. Ed. This Case is also Reported in: 15 BLC (2010) 61. ...... Dr. Mohiuddin Farooque...Petitioner Vs. Government of Bangladesh and others... Respondents. Order June 23, 2001. Lawyers Involved: Syeda Rezwana Hasan with M. Iqbal Kabir, Advocates-For the Petitioner Mustafa Zaman Islam, Deputy Attorney General-For the respondents. Writ......over the bed of the river Buriganga. 6. Referring to the news-papers and from her own ghastly experience, the learned Advocate submits that Hazaribagh tanneries alone are the largest and the worst source of toxic pollution. This place, she submits, is the cancerous area in the Dhaka Metropolitan ..Category: Environmental Law | Date: | Hits: 279
Daily Star and Prothom Alo Patrika Vs. State, 2001, 30 CLC (HCD)
....l of Police, Bangladesh. The office is directed to transmit the record along with a copy of the judgment by a special messenger. Ed. This Case is also Reported in: 53 DLR (2001) 155. ......l of Police, Bangladesh. The office is directed to transmit the record along with a copy of the judgment by a special messenger. Ed. This Case is also Reported in: 53 DLR (2001) 155. ......R (2001) 155. ......te Qamrul Islam she was told to keep away from the Court; that Halima and her children have been subjected to physical assault, harassment and intimidation since the brutal murder of detective branch source Jalal Ahmed Shafi; that two men in plain clothes identifying themselves as relatives of the m..Category: Criminal Law | Date: | Hits: 189
Bibhu Ranjan Das Vs. Hakim Ali and others, 2000, 29 CLC (HCD)
....িতে পারিবে।” Be expunged from the impugned judgment and order. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 114. ......িতে পারিবে।” Be expunged from the impugned judgment and order. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 114. ......…………Opposite Parties Judgment June 13, 2000. Cases Referred To- Punjab Ali Pramanik and others Vs. Mohd Mokarram Hossain, 29 DLR (SC) 185; Foroze Khan Noon Vs. State 1958 PLD (SC) 333; Fazal Illahi Vs. Crown (1953 PLD FC 35); State of Assam Vs. Rangu Muhammad an...... objection is taken. 20. Almost all the High Courts of the Indian sub-continent have exercised the power of expunction of objectionable passage from the judgment of the subordinate Courts. The source of this power can be traced to English Common Law. The legal systems of the countries of our ..Category: Civil Law | Date: | Hits: 80