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Sunderban Taxtils Mills Vs. The Commissioner of Taxes, 1999, 28 CLC (HCD)
.... Dabiruddin Ahmed, Deputy Attorney-General-For ReÂspondent. Income Tax Reference Application Nos.32/94, 14, 24 and 25 of 1993. Judgment Syed Amirul Islam J.- Common question of law and facts are involved in these referÂences and as such the applications were heard together a......T.D. (AD) 30. Lawyers Involved: M. A. Abdus Satter-For Applicant. Dabiruddin Ahmed, Deputy Attorney-General-For ReÂspondent. Income Tax Reference Application Nos.32/94, 14, 24 and 25 of 1993. Judgment Syed Amirul Islam J.- Common question of law and facts are invol......pplicant for our opinion in Reference Application No.14/93:- "Whether on the facts and in the circumÂstances of the case the Taxes Appellate Tribunal is justified in law in maintaining the order of the Appellate Joint CommisÂsioner of Taxes and the Deputy CommisÂsioner of Taxes" on ot..Category: Fiscal/Taxation Law | Date: 8 Dec, 1999 | Hits: 9
Golam Rahman (Md.) Vs. Md. Bazlur Rahman (Babu) and one other, 1999, 28 CLC (HCD)
....is fallacious. When a petition of complaint is filed before a Magistrate, it cannot be said at that stage as to whether cognizance of the offence can at all be taken and if so under what provision of law. Under such circumstances, the Magistrate is required to follow the procedure laid down in Chapt......nal Revisional Jurisdiction) Present: Md. Hamidul Hoque J ABM Khairul Haque J Golam Rahman (Md.) ……….Accused-Petitioner Vs. Md. Bazlur Rahman (Babu) and one other……….Opposite Parties. Judgment December 2, 1999. La......of the Code of Criminal Procedure and forwarded his petition of complaint to the concerned police station for investigation. The officer-in-charge Panchagarh, police station, in due compliance of the order of the learned Magistrate submitted his investigation report on 4-7-1994 (Annexure-B to the pe..Category: Criminal Law | Date: 2 Dec, 1999 | Hits: 46
....respondent No.2, Registrar of Trade Unions, Dhaka Division, Dhaka to the respondent No.1 Bangladesh Paribar Parikalpana Samity Karmachari Union, Dhaka should not be declared to have been made without lawful authority and is of no legal effect.
2. Petitioner, Bangladesh Paribar Parikalpana Samity ......ction)
Present:
Md. Ruhul Amin J
SK Sinha J
Bangladesh Paribar Parikalpana Samity…………………………Petitioner
Vs.
Bangladesh Paribar Parikalpana Samity Karmachari Union and others ……………Respondents
Judgment
November 18, 1999.
Cases Referred To-
Ku......This Rule has been obtained upon an application under Article 102(2)(a)(ii) of the Constitution of the Peoples Republic of Bangladesh calling upon the respondents to show cause as to why the impugned order dated 3-4-1983 (Annexure C) passed by the respondent No.3 Chairman, First Labour Court, Dhaka ..
Category: Labour and Industrial Law | Date: 18 Nov, 1999 | Hits: 2118
....dmitted in the hospital on 27-10-1992. It is their case that in collusion with respondent No.1 father of Luna Prava Dey on the basis of that false medical certificate filed case against the father-in-law of Luna Prava Dey and some others. On receipt of the First Information Report Bureau of Anti Cor......Roy Choudhury J
AM Mahmudur Rahman J
Mahmudul Amin Choudhury J
Prativa Rani Dey Tirtha......................Appellant
Vs.
Dr. Mohammad Yousuf, Chittagong Medical College and Others........................Respondent
Judgment
August 10, 1999.
Result:
......y Md. Aftab Hossain, Advocate-on-Record—For the Appellant.
Shamsul Haque Siddique, Advocate-on-Record—For the Respondents.
Criminal Appeal No. 29 of 1996.
(From the judgment and order dated 5-8-1996 passed by the High Court Division in Criminal Revision No.548 of 1996).
..
Category: Anti-Corruption Laws | Date: 10 Aug, 1999 | Hits: 94
Chairman, BD Water Dev. Board & anr Vs. Shamsul Huq & Co. Ltd. & ors., 1999, 28 CLC (AD)
....terfere with the day-to-day function of either Board in an individual case and in a particular contractual matter between a Board and a contractor. The High Court Division was absolutely wrong in law in holding that appellant No. 1 was bound to obey the order of the Secretary of the concerne......Appellate Division (Civil) Present: Mustafa Kamal CJ Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Chairman, Bangladesh Water Development Board and another…………….. Appellants Vs. Shamsul Huq and Co. Ltd. and others……â......ndividual case and in a particular contractual matter between a Board and a contractor. The High Court Division was absolutely wrong in law in holding that appellant No. 1 was bound to obey the order of the Secretary of the concerned Ministry in this particular matter in view of the fact t..Category: Contract Law | Date: 19 Jul, 1999 | Hits: 236
Parveen and another Vs. State, 1999, 18 CLC (HCD)
....nst the remaining accused persons in the aforesaid case. These two appeals are taken up together for the sake of convenience and brevity as they arise out of the same case and commonness of facts and law being involved. 2. The case arises out of an occurrence that took place on the night follow...... Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 473. ......l Appeal No.822 of 1999. Judgment Mohmmad Abdul Karim J.- Criminal Appeal No. 645 of 1999 at the instance of appellants (1) Parveen and (2) Astima Khatoon alias Minu is directed against the order dated 13-4-99 passed by the learned Nari-O-Shishu Nirjatan Daman (Bishesh Bidhan) Adalat, Dhak..Category: Women and Children | Date: 6 Jul, 1999 | Hits: 143
....f safe custody should not be produced before this Hon’ble Court so that the court may satisfy itself that the said Ayesha Akhter (previously Dipali Pal Chowdhury) is not held in custody without any lawful authority and is of no legal effect and why a declaration should not be given that there is n......isional Jurisdiction)
Present:
KM Hasan J
Md. Abdul Quddus J
Rokeya Kabir…………………………..Petitioner
Vs.
Government of Bangladesh through the Ministry of Home Affairs and others…………Respondent
Judgment
May 26, 1999.
Cases Referred To-
Gillick Vs. W......ing any Investigation Officer, or any other person to pray before any Court to put a victim girl in jail in the guise of safe custody, and that such prayer is ultra vires and or such other or further order or orders passed as to this court may seem fit and proper.
2. After issuance of the Rule to..
Category: Women and Children | Date: 26 May, 1999 | Hits: 98
State Vs. Abdul Wahab Shah Chowdhury, 1999, 28 CLC (AD)
....nal Procedure which has become necessary, it is alleged, because of indiscriminate granting of such bail by the High Court Division in recent times (as in the present cases) upsetting the ordinary law of seeking bail from the Court taking cognizance of offence at the first instance. 2. Be......patory Bail Per A.T.M. Afzal: Generally speaking the main circumstance as would entitle an order for extraordinary remedy of pre-arrest bail is the perception of the Court upon the facts and materials disclosed by the petitioner before it that the criminal proceeding which is being or ......5, 1999. The Code of Criminal Procedure, 1898 (V of 1898), Section 498 Anticipatory Bail Per A.T.M. Afzal: Generally speaking the main circumstance as would entitle an order for extraordinary remedy of pre-arrest bail is the perception of the Court upon the facts an..Category: Criminal Law | Date: 25 May, 1999 | Hits: 79
Fazlur Rahman and Co. (Pvt.) Ltd. Vs. Agrani Bank and others, 1999, 28 CLC (HCD)
....no merit in this Rule. In the result, the Rule is discharged without an order as to costs. Order of injunction stands vacated. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 350.......eported in: 51 DLR (1999) (HCD) 350.......ndent No.1. Thus action of the Bangladesh Bank are neither arbitrary nor malafide. In that view of the matter we find no merit in this Rule. In the result, the Rule is discharged without an order as to costs. Order of injunction stands vacated. Ed. This Case is also Reported in: 5..Category: Banking Law | Date: 28 Apr, 1999 | Hits: 500
Hussain Mohammad Ershad Vs. The State, 1991, 20 CLC (AD)
.... disclosed in the FIR are not true will not do. To succeed the accused must show that the facts alleged by the prosecution do not constitute any offence or that the prosecution is otherwise barred by law. A prosecution cannot also be quashed just because it was initiated at the instance of the Home ......used In a summary proceedings under section 561A of the Code of Criminal Procedure the question whether the proceeding should be quashed or not should be decided on the facts alleged in the FIR and the charge‑sheet. The accused's general denial that the facts disclosed in the FIR are not......petition is dismissed. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A Whether a criminal proceeding can be quashed on the ground of lodging of F.I.R. by the informant under order of the Home Ministry or on the denial of prosecution allegations by the accused In a sum..Category: Criminal Law | Date: 26 Feb, 1999 | Hits: 58
Lutful Karim and others Vs. Shahidullah and others, 1999, 28 CLC (AD)
....ted the said Cherag Ali from giving his LTI's. He thereby wants to argue about the irregularities at the registration of the kabalas. 5. The learned Advocate could not point out any error of law apparent on the face of the record in the impugned judgment of this Division to attract review. ...... Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J BB Roy Choudhury J AM Mahmudur Rahman J Lutful Karim and others..................................Petitioners Vs. Shahidullah and others......R......998.) Sharifuddin Chaklader, Advocate-on-Record—For the Respondents (In Civil Review Petition No.26 of 1998.) Civil Review Petition Nos.25 and 26 of 1998. (From the judgment and order dated 15-3-1998 passed by this Court in Civil Petition for leave to Appeal Nos.57 and 58 of 19..Category: Procedural Law | Date: 4 Feb, 1999 | Hits: 7
Younus Ali and 3 others Vs. State, 1999, 28 CLC (HCD)
.... in the police report and that facts stating which charge under sections 9(kha) and 14 of the Act as has been framed by the Tribunal do not disclose and constitute any offence under the provisions of law hereinbefore mentioned, the charges so framed are misconceived and illegal and that continuation...... This Case is also Reported in: 51 DLR (HCD) (1999) 121. ......-O-Shisu Nirjatan Daman Bishesh Adalat No.2, Bagerhat would amount to harassment of the petitioners as well as abuse of the process of the Court and, as such, the charges that have been framed by the order No.17 dated 1-6-1997 and that the proceedings of the Case No.20 of 1997 are liable to be quash..Category: Women and Children | Date: 11 Jan, 1999 | Hits: 88
Managing Director Dhaka WASA Vs. Superior Builders and Engineers Ltd., 1999, 28 CLC (AD)
....etitioner, submits that the writ petition arises out of a contract and in case of its failure or breach the respondent’s remedy did not lie in a writ petition which the High Court Division erred in law in entertaining. 6. Basically, the principle is that, a writ petition cannot be founded me...... Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Managing Director, Dhaka WASA………………… Petitioner Vs. Superior Builders and Engineers Ltd………………........Respondents Judgment January 5, 1999. R......y Md. Aftab Hossain Advocate-on-Record — For the Respondent No.1. Not represented—Respondent Nos. 2-9. Civil Petition For Leave to appeal No. 740 of 1998. (From the Judgment and order dated 15-6-98 passed by the High Court Division in Writ Petition No.562 of 1998). Judgme..Category: Contract Law | Date: 5 Jan, 1999 | Hits: 249
Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,
.... Before the High Court Division it is the defendant who took a revision against the judgment and decree passed by the learned District Judge and its jurisdiction was to see if there was any error of law committed by the Subordinate Court resulting in an error in the decision occasioning failure of ......p;…………………………………………………..Appellant Vs. Shamsun Nahar Begum and another……………………………&......he defendant-appellant in his written statement expressed his willingness to pay the dower money claiming that he had already paid Taka 30,000.00. He stated that he had already sent a number of money orders to plaintiff No.1 before divorce towards her maintenance and maintenance of the minor son. So..Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262
Firoz Miah Vs. State, 1998, 27 CLC (HCD)
....ction and sentence passed by the Special Tribunal in Special Powers Act Case No. 137 of 1991 are set aside and the case is sent back to the Sessions Judge, Brahmanbaria for retrial in accordance with law and in the light of observations made above. The Sessions Judge may consider any prayer for bail......ant. AKM Zahirul Haque Assistant Attorney-General — For the State. Criminal Appeal No. 1417 of 1992. Judgment Md. Hamidul Haque J. - This appeal is directed against the judgment and order passed by the learned Special Tribunal and Sessions Judge, Brahmanbaria in Special Powers ...... AKM Zahirul Haque Assistant Attorney-General — For the State. Criminal Appeal No. 1417 of 1992. Judgment Md. Hamidul Haque J. - This appeal is directed against the judgment and order passed by the learned Special Tribunal and Sessions Judge, Brahmanbaria in Special Powers Act ..Category: Women and Children | Date: 30 Nov, 1998 | Hits: 103
....lled upon to show cause as to why the impugned order dated 12-9-94 (Annexure-B) and the purported proceedings contained in File No.3/Dar/92 (Bank) should not be declared to have been made without any lawful authority and to be of no legal effect.
2. The case of the petitioner is as follows:
......ction)
Present:
Mainur Reza Chowdhury J
MA Aziz J
Imtiazur Rahman Farooqui (Md.) (MI Farooqui)…...........……Petitioner
Vs.
Bureau of Anti-Corruption and Others………...........…Respondents
Judgment
November 15, 199......— For the Respondents.
Writ Petition No.1710 of 1994.
Judgment
Mainur Reza Chowdhury J. - By this Rule Nisi the respondents were called upon to show cause as to why the impugned order dated 12-9-94 (Annexure-B) and the purported proceedings contained in File No.3/Dar/92 (Bank) ..
Category: Anti-Corruption Laws | Date: 15 Nov, 1998 | Hits: 181
.... This Rule Nisi was issued calling upon the respondents No. 1-4 to show cause, why the impugned order dated 14-9-96 vide Memo No. বিঅ 230/3204 should not be declared to have been passed without lawful authority and to be of no legal effect.
2. Mollah Habibur Rahman, Chairman Dudhal Kabira......fuzur Rahman J
MA Aziz J
Molla Habibur Rahman.………………………………Petitioner
Vs.
Board of Intermediate and Secondary Education, Jessore and others…………Respondents
Judgment......slam, Advocate- For the Respondent.
Writ Petition No. 4005 of 1996.
Judgment
MA Aziz J. - This Rule Nisi was issued calling upon the respondents No. 1-4 to show cause, why the impugned order dated 14-9-96 vide Memo No. বিঅ 230/3204 should not be declared to have been passed with..
Category: Civil Law | Date: 19 Aug, 1998 | Hits: 100
Harun-or-Rashid and others Vs. Quyum Khan and others, 1998, 27 CLC (HCD)
....he Code of Civil Procedure for amendment of schedule of the plaint and a corresponding amendment in the application for execution of the decree holding that such an application is not maintainable in law. It is against this order the petitioners moved this Court and obtained the present Rule. 3. ...... affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 150....... Involved: Not represented— the Petitioners. Md. Jahurul Islam Mukul, Advocate—For Opposite Parties. Civil Revision No. 864 of 1997. Judgment Gour Gopal Saha J.- In this Rule the order dated 26-11-96 passed by the Senior Assistant Judge, Jamalpur in OC Execution case disallowing..Category: Property Law | Date: 12 Jul, 1998 | Hits: 31
Dipak Kumar Roy @ Kazal Vs. State, 1998, 28 CLC (HCD)
.... any offence under section 11 of the said Ain. 7. To resolve the above question we are to look back to the legislative history. Curse of dowry in our country is of recent origin. Before 1980 our law makers did not feel it necessary to prevent such a curse as its prevalence in our society was no....... Bakul Rani Pramanik; 46 DLR 290. Lawyers Involved: SS Halder, Advocate ‑ For the Petitioner. Abdul Wadud Bhuiyan, Attorney‑General in‑charge, M Faruq, Deputy Attorney‑General and Munshurul Huq Chowdhury, Deputy AttorneyÂ-General with MA Rouf, Assistant Attorney‑General â€......on his behalf over the demand of dowry would be an offence under section 11 of the said Ain even though there was no previous agreement to pay the same. In the result, the Rule is discharged and order of stay stands vacated. Communicate the order to the Court below to proceed with the case in a..Category: Women and Children | Date: 7 Jun, 1998 | Hits: 76
Social Marketing Company Vs. Universal Pharmaceuticals Ltd. and another, 1998, 27 CLC (HCD)
....……………….Opposite Parties Judgment June 4, 1998. Result: The application is disposed of with the above observation and direction. When any matter is placed before a Court of law for hearing, it is incumbent upon a particular judge to decide the matter in the exercise of his......urt High Court Division (Civil) Present: Syed JR Mudassir Husain J Social Marketing Company…………………………..Plaintiff Petitioner Vs. Universal Pharmaceuticals Ltd. and another………………………….Opposite Parties Judgment June 4, 1998. Result: ......cate ‑ For the Petitioner. Civil Order No.1944 of 1998. Judgment Syed JR Mudassir Husain J.- This revisional application at the instance of the plaintiff petitioner is directed against the order dated 31‑5‑98 passed by the learned Additional District Judge being in charge of District ..Category: Civil Law | Date: 4 Jun, 1998 | Hits: 106
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