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Afruj Miah Vs. Jira Miah and another, 2011, 40 CLC (HCD)
....under section 145 of the Code, attached 116 decimals of land appertaining to Plot No.1181 (described in the 2nd schedule) and appointed the Thana Revenue Officer, Bahubal as a receiver thereon. After so attachment the petitioner filed an application for amendment shifting his claim of possession fro......e with by this Court in exercise of its inherent power under section 561A of the Code. 8. We have gone through the revisional application, and the judgments of the Courts below. The record was not called for at the time of issuance of the Rule, therefore we are not in a position to examine the ev......sult, the Rule is discharged. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Md. Rais Uddin J. - I agree. This case is also Reported in: ..Category: Property Law | Date: | Hits: 53
State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)
....me Court Appellate Division (Criminal) Present: Md. Imman Ali J The State...........................Petitioner Vs. Md. Faisal Alam Ansari...........................Condemned Prisoner Md. Saiful Alam Ansari and another..........Absconding Convicts (Death Reference No.81 of ......ring sound of shots from a firearm, saw one person lying on the road and another wearing a helmet shooting him. At that time a car was approaching from the Hatirpul direction, when the healthy person called out to one Chapol to hurry up. A motorcycle was standing to the east of his (witness’s) sho......as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 94
Abdul Mannan Bhuiyan Vs. State, 2010, 39 CLC (AD)
....ed was put on trial before the learned Assistant Sessions Judge, 1st Court, Comilla to face charges under sections 395/397 of the Penal Code. The learned Assistant Sessions Judge found six accused persons including the appellant guilty of the charges and sentenced them to undergo rigorous imprisonme......ime before recording his confession does not tally with the certified copy of the order-sheet of the case filed by the appellant at the hearing of the leave petition, in order to remove the doubt, we called for the record of the case from the learned Magistrate for ascertaining as to whether the con......t Division, in the premises, are perfectly justified in maintaining the conviction and sentence of the appellant. The appeal is therefore dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 100
....হাজির হয় নাই। দেখলাম বাদীর অনাগ্রহের কারনে মামলা খারিজ”।
6. Besides, the accused-petitioners have also taken the ground that the date of occurrence was shown as 18-1-2004 and 21-2-2004, but the FIR ......as Sharif, opposite-party No.2, as the informant lodged a First Information Report (FIR) against the accused-petitioners, alleging, inter alia, that on 18-01-2004, accused-petitioner Nos.1, 6 and 7 called him away from his hotel and accused-petitioner No.1 demanded Taka two lacs as subscription fo...... out of the record.
Accordingly, we do not find any merit whatsoever in this criminal petition for leave to appeal which is dismissed.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 44...
Category: Criminal Law | Date: | Hits: 85
Mainuddin Vs. State and another, 2010, 39 CLC (AD)
.... 2. The petition arises out of the following facts. One Md. Sukur Ali lodged a First Information Report (F.I.R.) with the Doulatpur Police Station on 11th April, 2005 against the eight accused persons alleging that on 27th March, 2005 at about 9.30 p.m. accused Linkon and Altaf called away his s......First Information Report (F.I.R.) with the Doulatpur Police Station on 11th April, 2005 against the eight accused persons alleging that on 27th March, 2005 at about 9.30 p.m. accused Linkon and Altaf called away his son Arif Hossain from his residence and thereafter he did not return home. On query ...... no error of law in maintaining the impugned order. The submissions of the learned Counsel merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 66
....tial Enquiry. It was further prayed "to grant the Appeal for hearing by waiving deposit of 10%" of the demanded VAT or imposed penalty under section 42 of the VAT Act read with section 196 and proviso to section 194 of the Customs Act, 1969 (The Customs Act). But the respondent, without holding an...... how an Appeal filed under the section shall be disposed of by the Commissioner (Appeal). Section 196 of the Customs Act has spelt out that the Government shall constitute an Appellate Tribunal to be called the Customs, Excise and মূল্য সংযোজন কর Appellate Tribunal which sh...... discharging the Rule.
For the reasons stated hereinbefore, we find no merits in the petition and accordingly, the same is dismissed.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 43. ..
Category: Fiscal/Taxation Law | Date: | Hits: 130
M/S Pak Jute Mills Ltd. Vs. Income Tax Officer and another, 1978, 7 CLC (AD)
....ed Company carrying on jute goods manufacturing business and it became a nationalised enterprise. It enjoyed tax-holiday u/s 16BB of the Income Tax Act. The Company declared dividend at 10% and also issued bonus shares to the value of Tk. 50 lacs to the shareholders by capitalisation of its accu......share is not exempt from income tax. 13. As for this question whether the super tax is leviable, Section 55 provides that in addition to income tax there will be an additional duty of income tax called "super tax". Previously the super tax was also chargeable on the income of an individual, an ......are applied in paying up the amount due on bonus shares or debentures to be issued to the shareholders as fully paid bonus shares or debentures." The balance sheet, thereafter, shows the profit and loss account or reserves at a reduced figure and the issued capital at a correspondingly increased..Category: Fiscal/Taxation Law | Date: | Hits: 131
Zaminur Rahman & others Vs. Bangladesh & others, 1978, 7 CLC (AD)
....nd all amounts collected as Octroi shall belong to the lessee and the lessee may, for collection, employ as many employees as he may deem necessary and the Paurashava shall keep such number of supervisory staff in the Octroi post leased out as may be necessary for supervision of the Octroi post and ......ition challenging the validity of notification as already mentioned. 2. The salient facts in the writ petition are that under section 33 of the Municipal Administration Ordinance, 1960 hereinafter called the Ordinance, Municipal Committee may levy a tax or Octroi on the import of goods and animal......uraged. In the above premises the appeal is dismissed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171...Category: Fiscal/Taxation Law | Date: | Hits: 112
Mullick Brothers Vs. Income Tax Officer and another, 1978, 7 CLC (HCD)
....ity as "Law" or ''existing law" in Bangladesh after the war of liberation fought against the regime responsible for promulgation of Martial Law in 1969 and consequent emergence of Bangladesh as a sovereign and independent state. On the 16th March, 1971 Bangladesh proclaimed independence and a Pr......essment years beginning from the year 1960-61 in terms of Martial Law Regulation No.32 of 1969 known as Income Tax (Correction of Return and False Declaration) Regulation dated 15.4.1969 (hereinafter called the Regulation) on malicious report from the informer taking advantage of the Martial Law pre...... premises the appeal is allowed but without any order as to costs. The impugned demand notices are declared to be of no lawful authority. Ed This Case is also Reported in: 31 DLR (AD) (1979) 165...Category: Fiscal/Taxation Law | Date: | Hits: 122
Sonali Bank Vs. Mozaffor Hossain, 1997, 26 CLC (HCD)
....nt: AK Badrul Huq J Sonali Bank…………………..Petitioner Vs. Mozaffor Hossain………………….Opposite Party Judgment August 17, 1997. Result: The Rule is made absolute and the Order of stay stands vacated. Lawyers Involved: Md. Shahidul Haque, Advocate - ......66 of 1983 should not be set aside. 2. The only question that falls for determination in this Rule is whether the defendant opposite party had sufficient cause for non-appearance when the suit was called on for hearing and whether the impugned judgment and order of restoration of the suit on sett......he ground that final decision with respect to the claim of the plaintiff-Bank having not been reached, he was compelled to file application for adjournment of the peremptory hearings and he sustained loss by the ex parte decree. 6. The plaintiff-Bank resisted the Miscellaneous Case by filing writ..Category: Procedural Law | Date: | Hits: 80
Harunar Rashid (Md.) Vs. Subordinate Judge, (Artha Rin Adalat) Bogra and others, 1997, 26 CLC (HCD)
....lso Reported in: 50 DLR (HCD) (1998) 170.......92 (Annexure to the petition) is hereby declared to have been passed or made without any lawful authority and to be of no legal affect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 170.......unt in the name of respondent No.3 showing him as the proprietor of the same and deposited Taka 25,000.00. On 13-8-88 the petitioner was under suspension on various charges stating that he has caused loss to the Bank by distributing loans to different persons without any authority. Thereafter a crim..Category: Civil Law | Date: | Hits: 71
Abdur Rahim Vs. Arifur Rahman and others, 1997, 26 CLC (HCD)
....enying all the material allegations of the plaint and contended, inter alia, that he never entered into any agreement for the sale of the suit property to the plaintiff at any point of time. It has also been contended in the written statement that defendant No.1 is his elder brother and they were in......tional District Judge, Chittagong in Other Appeal No.486 of 1988 reversing the judgment and decree passed by the learned Subordinate Judge, 2nd Court, Chittagong in Other Suit No.32 of 1983 have been called in question. By the impugned judgment the learned Additional District Judge reversed the judg......impugned judgment to call for any interference by this Court exercising revisional power. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 166...Category: Procedural Law | Date: | Hits: 68
Ihteshamur Rahman Vs. Masuda Khatun and others, 1998, 27 CLC (HCD)
.... Ihteshamur Rahman………………………Petitioner Vs. Masuda Khatun and others………………………Opposite Parties Judgment January 15, 1998. Result: The Rule is made absolute. Lawyers Involved: Divash Chandra Biswas for SS Halder, Advocates - For the Petitioner.......bject of this examination is to elicit from the witness all material facts within his knowledge relating to the party’s case. The adverse party has then the right to examine the witness and this is called cross-examination. The object of cross examination is two-fold to weaken, qualify or destroy ......tively within 3(three) months from the d of receipt of this order. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 159. ..Category: Property Law | Date: | Hits: 66
Doris Waldman Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....sts. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 151.......B and C are not sustainable in law, they having offended against the principle of natural justice. The petitioner, in our view, is also entitled to the remedies claimed by her on the basis of what is called ex-debito justitiae. 7. The orders contained in Memo No. E Bideshi-4 dated 25-11.95 (Annex...... employed some local people including one Mr. Ishrat Ferdousi. The salaried people started conspiring against the petitioner. The king-pin of the conspirators is Mr. Ishrat Ferdousi Prince. He made colossal bungling with the accounts of the company for his personal gain. He forged documents and stol..Category: Criminal Law | Date: | Hits: 87
Shahnewaz Karim (Md.) Vs. State, 2009, 38 CLC (HCD)
....hnewaz Karim (Md.)…………………………………Petitioner Vs. State……………………..............Opposite Party Judgment April 13, 2009. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (V of 1898); section 561A The Magistrate has the ......led an application to the learned Additional Chief Judicial Magistrate, Brahmanbaria for taking of jimmy of the seized taxi cab in his favour with a promise to resubmit the same before the Court when called for to check total damage to the cab and the learned Magistrate in his order dated 10-7-2008 ......tigating the title of the taxi cab claimant, it is his duty to decide expeditiously who is the person prima facie entitled to possession thereof and hand over its possession to him for avoiding great loss that has been sustained when it was kept unused, for ensuring the taxi cab in the same conditio..Category: Criminal Law | Date: | Hits: 110
Islam Enterprise Vs. Commission of Taxes Zone-3, 2007, 36 CLC (HCD)
....(a) Whether on the facts and in the circumstances of the case the Appellate Tribunal was justified in confirming the order of the Appellate Joint Commissioner of Taxes without assigning any cogent reasons for rejection of the books of accounts? (b) Whether the Appellate Tribunal was justification......n respect of major items are stated to be wanted of proof or verifiability, etc. 18. It is now settled that as an assessee obliged to prove each and every item of expense claimed as and when he is called upon to and similarly, the Income Tax Officer is not bound to accept such expenses unless he ......erprise and Islam Builders, were presented in similar facts and circumstances. 2. In Reference No.211 of 2002, the applicant submitted income tax return for the assessment year 1996-97 claiming a loss of Taka 1,03,600. Then, he submitted a revised return claiming a loss of Taka 47,12,500. Subseq..Category: Fiscal/Taxation Law | Date: | Hits: 97
Nasiruddin (Md.) Vs. State, 2009, 38 CLC (HCD)
....-05 passed by the special Tribunal No.7, Narayanganj in special Tribunal Case No.184 of 2005, convicting the accused under section 19(A) and (f) of the Arms Act sentencing him to suffer rigorous imprisonment for 14 years and 7 years, respectively, and further directing that both the sentences shall ......lace from which the arms and ammunition were recovered was a heap of cording behind the home of accused Nasir Miah. He further deposed that, while going to mosque at about 5-00 PM, the members of RAB called him and obtained his signature on a paper. He has deposed that he has heard about the fact of...... the result, the appeal is allowed with modification. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ..Category: Criminal Law | Date: | Hits: 79
.... Registered Non-Government Primary School Managing Committee represented by its President and others………………Opposite Parties
Judgment
July 2, 2009.
Result:
The Rule is made absolute.
Cases Referred to-
Hussain Ahmed Chowdhury alias Ahmed Hussain Chowdhury Vs. Md. Nurul......lly dismissed without giving her any show cause notice. It appears from Exhibit 1, report of the TNO, that he did not find relevant resolutions regarding the plaintiff in the resolution book that was called for by the learned Assistant Judge, who on the basis of evidence, rightly held that the said ...... the plaintiff's dismissal shall be treated to be special leave without pay and other benefits.
Send down the LC records accordingly.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 41...
Category: Employment/Service Law | Date: | Hits: 118
....sal of these petitions are as under:
C.P. No. 1247 of 2011
2. This petition arose from the judgment of the High Court Division in Writ Petition No.8737 of 2008. In the High Court Division 49 persons filed the above writ petition seeking a direction upon the writ respondents who are petitioners......te jurisdiction. When there will be different opinions on a particular point, it will be difficult for the executive to follow the directions. Whenever, a Division Bench of the High Court Division is called upon to decide a question of law, it becomes its duty to ascertain whether any pronouncement ......
The leave petitions are disposed of with the above observations and modifications of the earlier as well as the impugned judgments.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 91.
..
Category: Employment/Service Law | Date: | Hits: 147
Al Baraka Bank Bangladesh Ltd. Vs. Rina Alam and another, 2004, 33 CLC (HCD)
....gainst the appellant bank and another for a decree of declaration that the plaintiff owed no amount to said bank on account of any loan and that the plaintiff had no liability with the bank; and that so-called memorandum or deposit of title deeds dated 17‑3‑88 was manufactured, forged and inoper......nst the appellant bank and another for a decree of declaration that the plaintiff owed no amount to said bank on account of any loan and that the plaintiff had no liability with the bank; and that so-called memorandum or deposit of title deeds dated 17‑3‑88 was manufactured, forged and inoperati......k on 19-12‑92 was tendered and marked as exhibit‑2 and her signature thereon as Exhibit 2(ka). For not getting back the deed she suffered economically and socially and the bank caused her heavy losses by keeping the document in its custody against her consent. She suffered losses of about two ..Category: Civil Law | Date: | Hits: 109
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