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BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)
....iver from payment of the requisite tax for want of authority under section 158(2) of the Income Tax Ordinance, 1984, in short, the Ordinance. 2. The petitioner is stated to be a charitable society registered under the Societies Registration Act, 1860, and runs different projects for the advanceme......gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ......urt Division (Special Original Jurisdiction) Present: Mohammad Abdur Rashid J Md. Miftah Uddin Choudhury J BRAC, represented by its Head of Finance Mr. Shawkat Hossain, 75, Mohakhali, CADhaka-1212…………………Petitioner Vs. The National Board of Revenue, Segunbagicha, Dh..Category: Fiscal/Taxation Law | Date: | Hits: 171
Latif alias Md. Latif Miah and Rabiuzzal Hossain Vs. State, 2005, 34 CLC (HCD)
....ere 15/16 dacoits with them who managed to escape. Accordingly, First Information Report was lodged which gave rise to Dhamrai Police Station Case No.3 dated 9.01.1996. 3. Thereafter, the case was registered as G.R. No.26 of 1996 and the police, on completion of the investigation submitted charge...... of the Penal Code. Both the convict appellants are discharged from their bail bonds. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 410. ...... of the Penal Code. Both the convict appellants are discharged from their bail bonds. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 410. ..Category: Criminal Law | Date: | Hits: 86
....he Courts below stand maintained.
Send down the lower Court's record and a copy of the judgment and order to the Court concerned.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 405.
......to them the suit is not maintainable in its present form and barred by the principle of estoppel, waiver and acquiescence and that Water Development Board is a semi Government Autonomous Body and the post of the plaintiff is an irregular temporary post.
5. The trial Court decreed the suit.
6. ......ity of suit needs to be agitated at the earliest possible opportunity, which cannot be done in a belated revisional stage……………………….(13)
Cases Referred to-
30 DLR 219; 40 DLR (AD) 45; 50 DLR (HC) 411; 40 DLR (HC) 226; 37 DLR 49; 42 DLR 211; 43 DLR 407; 45 DLR 727; 11 MLR (HC)..
Category: Employment/Service Law | Date: | Hits: 166
Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)
....ot cannot be decided in a simple suit for permanent injunction. More over there is no scope to frame additional issue after the suit is remanded for retrial for deciding genuineness or otherwise of a registered transfer deed. This can only be done in a separate suit at the instance of the defendants......rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ......the lower appellate Court is final unless it is manifestly perverse……………………..(14) Cases Referred to- Sushil Kumar Paik and another Vs. Harendra Nath Samadder and others, 8 MLR (AD) 41; Rafizuddin Ahmed Vs. Mongla Barman and others, 43 DLR (AD) 215; Khurshid Ali and others Vs. ..Category: Civil Law | Date: | Hits: 94
Mrs. Rokeya Begum Vs. Chartered Credit CoÂoperative Ltd., 2009, 38 CLC (HCD)
....s. Chartered Credit CoÂoperative Ltd…………………………………Opposite Parties Judgment June 2, 2009. Result: The Rule is discharged. If any notice is issued through registered post with AD, it can be legally presumed that the notice has been served properly as per ......ered Credit CoÂoperative Ltd…………………………………Opposite Parties Judgment June 2, 2009. Result: The Rule is discharged. If any notice is issued through registered post with AD, it can be legally presumed that the notice has been served properly as per article 17 ......t CoÂoperative Ltd…………………………………Opposite Parties Judgment June 2, 2009. Result: The Rule is discharged. If any notice is issued through registered post with AD, it can be legally presumed that the notice has been served properly as per article 17 of General..Category: Criminal Law | Date: | Hits: 70
State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)
....ru, Lalu and Shafique be called for. Let a copy of this Judgment and Order be comÂmunicated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ......ke voluntary and true statement to him. He further statÂed that the accused voluntarily and consciously made statements to him. 23. P.W.11 and the last witness Md. Mozahar Alam stated that he was posted at Moheshkhali Police Station as Officer-in-Charge and he has investigated the present case b......¦â€¦â€¦â€¦.(51 & 57) Cases Referred to- Abdul Hakim alias Henju Vs. State, 8 BLC 362; State Vs. Rafiqullah Khan, 7 BLC 480; Nizamuddin Vs. State 11 BLC 688; Nowabul Alam Vs. State, 15 BLD (AD) 54= 45 DLR (AD) 140; Ustar Ali Vs. State, 3 BLC (AD) 53; Amir Hossain Howlader Vs. State, 37 DLR..Category: Criminal Law | Date: | Hits: 158
Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)
....na Mohan Majumder, Boshanta Mohan Majumder, Nagendra Mohan Majumder, Brojendra Mohan Majumder, sons of late Golak Chandra Majumder and have been recorded 131/2 Anna joma in previous khatian No.75, by registered kabuliyat dated 6th Srabon, 1267 BS the suit land along with other lands of previous khat......No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ......) Cases Referred to- Saifur Rahman Vs. Haider Shah, 19 DLR (SC) 433; Jeka Dula Vs. Bai Jivi, AIR 1938 Bombay 37; Arun Kumar Pal Vs. Assistant Custodian of Enemy Property (Land and Building) and ADC (Rev), 1983 BCR 225; Md. Ashraf Ali Vs. Fatique Chandra Sana, 1983 BLD (AD) 315; Fazar Ali Tenda..Category: Property Law | Date: | Hits: 83
Daud Ali (Md.) and others Vs. State, 2003, 32 CLC (HCD)
.... Biswas showing them absconding. Subsequently, accused surrendered before Court below and they were sent to the custody. The case record was sent to the Sessions Judge Jhinaidha, wherein the case was registered as Sessions Case 42/92. Hearing both sides charge under sections 302/34 Penal Code was fr......mething the same as per above evidence of P.Ws.1 and 3 was indistinct and not understandable. None could understand what Jamir stated as to who caused him injuries. He also, in such regard, refers to post mortem report and evidence of P.W.8 Dr. Hekmat Ali who stated that during post‑mortem examina......…………………………………..Respondent Judgment January 28, 2003. Result: The Criminal Appeal No.966 of 1993 is allowed. Cases Referred to- State Vs. Lalu Mia, 39 DLR (AD) 117; Sk Shamsur Rahman @ Shamsu Vs. State, 1990 BLD (AD) 251. Lawyers Involved: Kazi Shaha..Category: Criminal Law | Date: | Hits: 93
.....5.1979 but Government could not execute lease deed in favour of M/s. Chameli Glass Works and, thereafter, on 16.3.2006 M/s. Chameli Glass Works deposited Taka 61,83,625/- and Government executed and registered lease deed on 29.3.2006 in favour of M/s. Chameli Glass Works and on the strength of leas......ition as opposite parties is allowed. Petitioners are added as Eighth Fifteenth opposite parties in Civil Revision case.
No cost.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 393.
..................(14)
Cases Referred to-
Parimal Majumder alias Parimal Chandra Majumder Vs. Abdul Sobhan, 39 DLR HCD 352; Subash Chandra Haider and another Vs. Abdul Bari and others, (1992) 12 BLD (AD) 174; Waliullah Munshi Vs. Lodu Mia Patwary and others, (1986) 38 DLR AD 308; Bashir Ahmed and ot..
Category: Property Law | Date: | Hits: 82
Md. Abdul Latif and others Vs. Mohammad Ali and others, 2008, 37 CLC (HCD)
....llah died leaving one son Ilyasuddin and one daughter Meherunnessa and Elimuddin during his life time settled .66 decimals of land from plot No.1 and 2 of Ka schedule and Kha schedule properties by a registered patta dated 9.2.45 to plaintiff No.1 and he has been possessing the land since then but t......the Courts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 132. ......the Courts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 132. ..Category: Procedural Law | Date: | Hits: 115
....writ petition is not maintainable.
In view of the discussions as made above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 728.
...... 22-12-1983. Thereafter, considering his unblemished service record and excellent performance, he was promoted to the grade of an Executive Producer on 9-6-1985. Again he visas promoted to the higher post of Controller and Programme Manager with effect from 17-3-1993.
3. In recognition of his mer......ticle 102(1), but in all other cases he will be required to seek remedy under Article 117(2)………………………….(12)
Cases Referred to-
Bangladesh Vs. Shafiuddin Ahmed, 50 DLR (AD) 27; Bangladesh Vs. Md. Shamsul Huq, 12 MLR (AD) 25 = 59 DLR (AD) 54; Government of Bangladesh Vs..
Category: Administrative Law | Date: | Hits: 494
Ali Azam Saial and others Vs. Joynal Abedin Saial and others, 2009, 38 CLC (HCD)
....rs……………Opposite Parties Judgment January 26, 2009. Result: The Rule is made absolute. The Registration Act, 1908 (Act No. XVI of 1908); sections 28 & 87 The document registered in a Sub-Registry office without having territorial jurisdiction is a nullity. The defect......rlier by this Court stands vacated. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 299. ......In a case of fraud, the question of limitation will run from the date of knowledge and not from the date of execution of the disputed document………………..(8) Cases Referred to- 28 DLR (AD) 5; AIR (Nagpur) 550; 44 DLR 79. Lawyers Involved: Md. Hassan Ali, Advocate — For the Pet..Category: Administrative Law | Date: | Hits: 452
Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)
....st the accused persons under sections 9(Ga)/6(3)/14 of the Ain. 4. The case ultimately, came to the Court of the learned Judge, Nari-o-Shishu Nirjatan (Bishesh Bidhan) Adalat, Shariatpur which was registered as Nari-o-Shishu Nirjatan case No. 01 of 2000 and the learned Judge, on the basis of the ......anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 671. ......anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 671. ..Category: Criminal Law | Date: | Hits: 74
.... without any order as to costs.
The order of status quo granted at the time of issuance of the Rules is hereby vacated.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 28.
...... records of LA Case No. 90/65-66 and 5/72-73 for our perusal. We found that the Order/ Note Sheets of the LA Case No. 90/65-66 are within the records. But those of LA Case No. 5/72-73 are found to be post-1991. However, the notices are found in the correspondence portion of the file, produced before......ing body cannot be claimed by the original owner even if the property is used for a purpose different from the purpose of the original acquisition. [Bangladesh Vs. Samondra Narayan Mahajan, 2006 BLD (AD) 145 = 11 BLC (AD) 226; Brahmanbaria Pourashava Vs. Bangladesh, 1999 BLD (AD) 87]……………â..
Category: Property Law | Date: | Hits: 121
Sadek Hossain Khoka and others Vs. Election Commission for Bangladesh and others, 2008, 37 CLC (HCD)
....he Rules in Writ Petition Nos. 9125, 9126, 9336, 9459, 9428 and 9729 all of 2008 are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ......ic or of statutory public authority" and since the petitioners are not in the service of the City Corporation, rather an elected representative whose office is filled up with the election of the said post and upon taking oath hence, it cannot be categorized as "service of statutory public authority.......he Rules in Writ Petition Nos. 9125, 9126, 9336, 9459, 9428 and 9729 all of 2008 are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ..Category: Constitutional Law | Date: | Hits: 466
....gnature of respondent No.4 shall not be declared to have been issued without lawful authority.
6. The case of the petitioner in Writ Petition No.1669 of 2009, in short, is that the petitioner is a registered trade organization having licence No.16 granted under section 3 of the Trade Organization...... costs.
The interim order passed in both the Writ Petitions at the time of issuance of the Rules are hereby recalled and vacated.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 341.
...... costs.
The interim order passed in both the Writ Petitions at the time of issuance of the Rules are hereby recalled and vacated.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 341.
..
Category: Others | Date: | Hits: 107
ATM Ali Reza Khan Vs. Bangladesh Election Commission and others, 1997, 26 CLC (HCD)
....995. Judgment M M Ruhul Arnin J.- At the instance of the petitioner ATM Ali Raza Khan this Rule Nisi was issued calling upon the respondents to show cause as to why the petitioner should not be registered as a voter in the Electoral Rolls prepared by the respondents pursuant to Article 122 of ......The respondents are directed to register the petitioner as a voter and include his name in the Electoral Rolls in accordance with law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 58. ......on Commission and others……………Opposite Parties Judgment August 12, 1997. Result: The Rule is made absolute. Cases Referred to- Bangladesh vs. Mirza Shahab Ispahani, 40 DLR (AD) 116; Bond vs. The Overseers of the Parish of St. George, Hanover Square, Law Reports, Court of C..Category: Constitutional Law | Date: | Hits: 386
Bangladesh Water Development Board Vs. MR. Sikder, 2003, 32 CLC (HCD)
....d served notice upon the Board under section 9(b) of the Arbitration Act. The Board duly received the notice. Arbitrator Mr. Justice Abdur Rahman Chowdhury also served a notice upon the defendants by registered post fixing 1‑11‑93 as the date of hearing but the defendants failed to appear before......tice upon the Board under section 9(b) of the Arbitration Act. The Board duly received the notice. Arbitrator Mr. Justice Abdur Rahman Chowdhury also served a notice upon the defendants by registered post fixing 1‑11‑93 as the date of hearing but the defendants failed to appear before the said A......eous case No.207 of 1994 of the 3rd Court of Subordinate Judge, Dhaka stands allowed. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 682. ..Category: Alternative Dispute Resolution | Date: | Hits: 543
Monowara Khatun and another Vs. Abdul Khaleque & others, 2011, 40 CLC (HCD)
....gonj at present Tejgaon originalÂity belonged to Abdul Quader. Said Abdul Quader sold out the entire property of the said CS Khatian No.4 to Babu Sarat Chandra Ghosh Ukil by a sale deed executed and registered on 11-1-1921 and 12-1-1921 respectively vide deed No.351 and obtained possession. The sai...... Court, Dhaka in Title Suit No.181 of 1994 are hereÂby set aside. The suit is hereby dismissed. Send down the LC Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 371. ...... is not maintainable. The plaintiff is to pray for recovery of possession………………………………(34) Cases Referred to- Abdul Quddus Matabbar Vs. Yousuf Ali Bayati, 17 BLT (2009) (AD) 45; Amiruddin Mondal Vs. Md. Ashraf Ali, 11 BLC 134; Abdus Samad Akand Vs. Abdul Halim Miji, 50 ..Category: Procedural Law | Date: | Hits: 137
Touhid & Others Vs. State, 2006, 35 CLC (HCD)
....e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ......tem Report. Learned Trial Judge took into stock the provisions contained in section 509A of The Code which enjoins that where in any inquiry, trial or other proceeding under this Code the report of a post mortem examination is required to be used as evidence, and the Civil surgeon or other medical o......ndra Kumar Ghosh Vs. Emperor, AIR 1925 PC 1; Hassan Vs. State, 1969 Criminal Law Journal, 1007; Mahbub Shah Vs. Emperor, AIR 1945 PC 118; Chand Mia alias Chan Mia Mondal and others Vs. State, 42 DLR (AD) 3; Barendra Kumar Ghosh Vs. Emperor, AIR 1925 PC 1; Nurjahan Begum Vs. The State, 42 DLR AD 130;..Category: Criminal Law | Date: | Hits: 98
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