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Md. Abdul Awal Vs. Md. Abdul Barek, 2007, 36 CLC (AD)

....­tures against their respective names including PWs 2 and 4. In the said meeting as many as 9 resolutions were taken and one of the resolu­tions was that an internal audit was held which audited the income and expenditure of the School during the period from July 1992 to 20th October, 1993 and foun......zzaman, Advocate-on-Record—For the Petitioner.  Md. Nawab Ali, Advocate-on-Record—For the Respondent.  Criminal Petition for Leave to Appeal No. 156 of 2006. (From the judgment and order dated the 27th August, 2005 passed by the High Court Division in Criminal Revision No.1373......e-on-Record for the petitioner merits no consideration.  Accordingly, the petition is dismissed. Ed.  This Case is also Reported in: 14 BLC (AD) (2009) 81; VI ADC (2009) 444. ..

Category: Criminal Law | Date: | Hits: 65

Mvi. Amzad Ali and others Vs. Shamsuddin alias Shamsuddoha and others, 2005, 34 CLC (AD)

....n one year from the date and until a decision given by the civil Court in respect of the disputed property the receiver shall continue to remain in possession as before and shall submit accounts of income to the Magistrate concerned. After a decision by the Civil Court the receiver as well as th...... Appellate Division (Criminal) Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Mvi. Amzad Ali and others.......Petitioners Vs. Shamsuddin alias Shamsuddoha and others. . . .Respon......Advocate for the second party petitioner are valid grounds for review and accordingly, this criminal review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 615. ..

Category: Criminal Law | Date: | Hits: 34

Government of Bangladesh Vs. Jahanara Rashid and others, 1998, 27 CLC (AD)

....the tenant was, whether the tenant was attorney by the donor, whether a tenancy agreement was made afresh with the writ petitioner, whether she realized rent from the tenant and declared so in her income tax return, who the care­taker was and how she was in constructive possession through an...... Mustafa Kamal J Latifur Rahman J Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of Bangladesh...................Appellant Vs. Jahanara Rashid and others……….Respondents Judgment April 2, 1998. Lawyers......gment and order war­rant an interference. In the result, the appeal is allowed with­out any order as to costs. Ed This Case is also Reported in: II ADC (2005) 563.  ..

Category: Property Law | Date: | Hits: 42

BRAC Vs. National Board of Revenue, 2009, 38 CLC (AD)

....peal before the Taxes Appellate Tribunal against the order dated 8.2.2001 of the Appellate Additional Commissioner of Taxes, Range-2, Taxes Appeal Zone-1, Dhaka with regard to the writ petitioner’s income tax assessment for the assessment year 1998-1999 on the following averments. 3. The writ ......yeem Mominur Rahman J BRAC, 75 Mohakhali C/A, Dhaka -1212………………………………….. Petitioner. Vs. National Board of Revenue represented by its Chairman, Segunbagicha, Dhaka and another………… Respondents. Order March 12, 2009. Result: The petition is dismi......d arrived at a correct decision. Hence we do not find any reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 63. ..

Category: Fiscal/Taxation Law | Date: | Hits: 125

Government of Bangladesh Vs. Abdur Rahman and others, 2005, 34 CLC (AD)

....er­ence by this court. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147....... Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Government of Bangladesh, repre­sented by the Deputy Commissioner, Gazipur & oth­ers.......Appellants Vs. Abdur Rahman and others.....Respondents Judgment March 8, 2005. Cases Referred to- Md. Nurul Islam a......er­ence by this court. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147...

Category: Property Law | Date: | Hits: 42

Md. Shamsul Huda Vs. Bangladesh and oth­ers, 1999, 28 CLC (AD)

....A (1) executed on 29.7.46. Thus, Gour sankar became sole owner of the suit property. Gour Sankar migrated to India. But Sarna Kumari was living in Mymensingh and maintained her­self out of the income of the suit properties. Further case of the defendants was that the suit property vested in ......malendu Bikash Roy Choudhury J A. M. Mahmudur Rahman J Md. Shamsul Huda being dead his heirs Hafaz Mohammad Ismail & others ..........Appellants. Vs. Bangladesh and oth­ers....................Respondents Judgment May 2, 1999. Lawyers In......gment and decree dated 16,7.91 of the High Court Division with­out any order as to costs and restore those of the trial court. Ed. This Case is also Reported in: II ADC (2005) 440. ..

Category: Property Law | Date: | Hits: 23

Dr. Md. Rashidul Islam Vs. Morsheda Parveen, 2005, 34 CLC (AD)

....ammadpur in Dhaka. The plain­tiff appellant's contention is that the defendant respondent has no means to maintain the minor sons properly and to give them proper educa­tion with her scanty income and to look after the welfare of the minor's. They should be brought in his custody and put .........Appellant Vs. Morsheda Parveen.........................Respondent Judgment January 17, 2005. Case Referred to: Md. Abu Baker Siddique Vs. M. A. Bakar and others 6 BLD (AD) 245. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record - For ......d to go to their father forthwith is maintained. The appeal is accordingly disposed of with­out any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 357. ..

Category: Family Law | Date: | Hits: 161

Md. Akkas Ali Biswas and oth­ers Vs. Ashit Kumar Mojumder and oth­ers, 2005, 34 CLC (AD)

....ivision is set aside. The plaint of Title Suit No. 152 of 1997 of the Court of the Senior Assistant Judge, Rajbari stands rejected. Ed. This Case is also Reported in: II ADC (2005) 253. ......253. ......ivision is set aside. The plaint of Title Suit No. 152 of 1997 of the Court of the Senior Assistant Judge, Rajbari stands rejected. Ed. This Case is also Reported in: II ADC (2005) 253. ..

Category: Procedural Law | Date: | Hits: 75

Begum Khodeza Akhter Vs. Hajera Khatun & ors., 1985, 14 CLC (AD)

....limitation and other as to partial pre-emption, have been finally decided in favour of the Pre-emptors. No order as to costs. Ed This Case is also Reported in: 37 DLR (AD) (1985) 212. ......B. M. Khairul Huq, Advocate with him), instructed by Md. Nurul Huq, Advocate-on-Record—For the Respondent Nos.1 & 2 (In both the appeals). Ex-parte—For the Respondents Nos. 3 and 4 (In both the appeals) Substitution is exempted vide order dated 29-4-85—for the ......section 24 of the Non-Agricultural Tenancy Act, 1949, the central point of controversy between the contending parties was whether the disputed jama was actually separated by an order of a competent revenue authority as claimed by the pre-emptee. Without determining this central question the pre-..

Category: Property Law | Date: | Hits: 35

Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)

....d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ......7 DLR (AD) (1985) 193. ......man Mir and others………Respondents Judgment September 5, 1985. The Bengal Land Revenue Sales Act, 1859 (Act No. XI of 1859), section 37 Purchaser at a revenue sale of a revenue-paying estate-Right to annul encumbrance Sale of a revenue payin..

Category: Property Law | Date: | Hits: 55

M/s. House Build­ing Finance Cor­poration Vs. Commissioner of Income Tax, Dhaka, 1984, 13 CLC (AD)

.... United Provinces (1935) 3 ITR 140; M/s. Ram Kumar Kedar Nath V. Commissioner of Income-tax, Bombay (1937) 5 ITR, 361. The appellant Corporation like any other assessee cannot be charged to income-tax on any income, profits or gains which has not been actually received by it…&helli...... Commissioner of Income Tax, Dhaka North Zone, Dhaka……………Respondent all cases. Judgment July 16, 1984. Cases Referred To- Sarupchand vs. Commissioner of Income-tax, Bom. (1936) IV ITR. 420; Commissioner of Income-tax, East Pakis......rofits and gains can­not properly be deduced there from, then the computation shall be made upon each basis and in such manner as the Income-tax Officer may deter­mine."  ..

Category: Fiscal/Taxation Law | Date: | Hits: 102

Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)

.... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dis­missed without any order as to costs. Ed. This Case is also Reported in:  37 DLR (AD) 71. ...... Shafiqur Rahman.............Appellant Vs. Idris Ali……………...Respon­dent Judgment October 31, 1983. The State Acquisition and Tenancy Act, 1951 (Act XXVIII of 1951); Sections 9(1), 9(2), 9(3) Interpretation of Sta...... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dis­missed without any order as to costs. Ed. This Case is also Reported in:  37 DLR (AD) 71. ..

Category: Others | Date: | Hits: 86

Anti-Corruption Commission Vs. Md. Abul Kalam Shamsuddin and others, 2008, 37 CLC (AD)

....e newly constituted Commission on the statement of asset, it was repeated­ly found that the respondent No.1 got no assets which he illegally acquired and was disproportionate to his known sources of income, lodging of the FIR by the same enquiry officer, submission of charge sheet and initiation of...... Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Anti-Corruption Commission………………………………………………..Petitioner Vs. Md. Abul Kalam Shamsuddin and others…………………………….Respondents Judgment November 12, 2008. Lawyers...... the above, we find no 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) 323...

Category: Anti-Corruption Laws | Date: | Hits: 119

Md. Abdus Samad and oth­ers Vs. Md. Mukbal Hossain Mondal and others, 2008, 37 CLC (AD)

....ub­stance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 320. ......vision (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Abdus Samad and oth­ers…………………………&hell......ub­stance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 320. ..

Category: Property Law | Date: | Hits: 28

Commissioner of Customs, Customs House, Dhaka and others Vs. Abdur Razib, 2008, 37 CLC (AD)

.... correct decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 314. ...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J The Commissioner of Customs, Customs House, Dhaka and others…………..Petitioners Vs. Abdur Razib…&helli......inia Brand,    Model WAPA 712G, Air Conditioner and if the impugned order of the High Court Division is complied with, the government will be deprived of a huge amount of government revenue. 5. We have heard the learned Advocate for the petitioners and perused the connected..

Category: Fiscal/Taxation Law | Date: | Hits: 62

Surendra Nath Sarkar and another Vs. Md. Jalil Shaikh, 1997, 26 CLC (AD)

....High Court Division is set aside and the Judgment and order passed by the learned dis­trict Judge in the Misc. Case in question is restored. Ed. This Case is also Reported in: II ADC (2005) 338.......reme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rour J Bimalendu Bikash Roy Choudhury J Surendra Nath Sarkar and another.......Plaintiff-Appellant Vs. Md. Jalil Shaikh @ M.A. Jalil & ors...................High Court Division is set aside and the Judgment and order passed by the learned dis­trict Judge in the Misc. Case in question is restored. Ed. This Case is also Reported in: II ADC (2005) 338...

Category: Limitation Law | Date: | Hits: 166

Nurun Nabi Mullah and others Vs. Abdul Karim alias M.A. Karim and others, 2005, 34 CLC (AD)

....view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 326. ...... as to costs. Ed. This Case is also Reported in:II ADC (2005) 326. ......d. 81 acre of land out of 1.15 acres of land of C.S. Plot No. 685 to the plaintiffs by 7 different kabalas in 1969 and delivered possession of the same to them and they got their names mutated in the revenue records and have been paying rent of the land so purchased, that they filed Miscellaneous Ca..

Category: Property Law | Date: | Hits: 45

Tafijul Huq Sarker Vs. Bangladesh and others, 1998, 27 CLC (AD)

....er be sent back on remand to the High Court Division for disposal on merit. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 254; 4 MLR (AD) 1999, 19. ......) Present: ATM Afzal CJ Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Tafijul Huq Sarker.............................Appellant Vs. Bangladesh and others .................Respondents Judgment May 28, 1998. Result: The appeal is a......er be sent back on remand to the High Court Division for disposal on merit. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 254; 4 MLR (AD) 1999, 19. ..

Category: Trust/Waqf Law | Date: | Hits: 190

Sheikh Abdur Rashid Vs. Alhaj Akram Hossain and others, 2003, 32 CLC (AD)

.... appeal is allowed with cost. The judgment and decree of the High Court Division is set aside and the suit is dis­missed. Ed. This Case is also Reported in: II ADC (2005) 139. ...... (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Sheikh Abdur Rashid ................Appellant Vs. Alhaj Akram Hossain and others......................................Respondents Judgment March 11, 2003....... appeal is allowed with cost. The judgment and decree of the High Court Division is set aside and the suit is dis­missed. Ed. This Case is also Reported in: II ADC (2005) 139. ..

Category: Property Law | Date: | Hits: 37

Secretary, Ministry of Land and others Vs. Abu Nur Mohammad Zafar and others, 2003, 32 CLC (AD)

.... and the judgment and order dated 11.12.1999 passed by the High Court Division in Writ Petition No. 3924 of 1999 are set aside. Ed. This Case is also Reported in: II ADC (2005) 87. ......05) 87. ......of the writ petition appeared by filing affidavit-in-opposition. Their case is that 106 post of kanungo fell vacant and the Government was sustaining loss due to difficulties in collection of land revenue in the absence of required number of kanungos and as such the Government took steps for fil..

Category: Civil Law | Date: | Hits: 117