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Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)

....s dismissed without any order as to cost. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 46.   ......D) (2013) 46.   ...... with structures standing thereon to the knowledge of all including the defendants. Plaintiffs mutuated their names and got mutated Parcha, rent receipt, DCR and where/are paying govern­ment land revenue and taxes in their names. But due to reason not known they realized rents from the plaintiff..

Category: Property Law | Date: 25 Jul, 2012 | Hits: 10

Government of Bangladesh and others Vs. Mir Md. Imam Hossain, 2012, 41 CLC (AD)

....nt of this Division we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 33.  ......sent: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Government of Bangladesh and others ............Appellants Vs. Mir Md. Imam Hossain…………………………......nt of this Division we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 33.  ..

Category: Property Law | Date: 17 Jul, 2012 | Hits: 8

Marsu Ltd and another Vs. Waliullah, FCA, Partner of M/s. Malek Siddique Wali Chartered Accountant and Receiver of Marsu Ltd, 2012, 41 CLC (HCD)

....f the learned Advocate and the fact that the contemner has offered unconditional apology at the very inception and has assured that he would sub­mit a report of the financial statements including income and expenditure statements within the next 7 seven days and further considering that the cont......d in: 65 DLR (HCD) (2013) 237       ......is acquitted from the charges brought against him. The Rule is disposed of accordingly. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 237       ..

Category: Contempt of Court Law | Date: 10 Jul, 2012 | Hits: 5

Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)

....nancial ability to meet obligation to labor and other workers employed, on account of wages and salaries and compensation, and other financial liabilities and (v) evidence of nationality, income tax clearance, trade Licence, registration of firm and good antecedents and conduct to the ......igh Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Abdur Rob J Ancient Traders Limited, Facy Building (2nd Floor), 87 Agrabad C/A, Chittagong-4100 and others……………………………Petitioner Vs. Chittagong Port Atuthority, Ban......handling the cargo and container are made by the CPA using “public fund”(Annexure-X(V) series). Moreso, since the source of fund had been mentioned at serial No.10 of the impugned tenders as “revenue budget and CPA’s own fund”, therefore, it clearly falls within the scope of section 3(2..

Category: Others | Date: 21 Jun, 2012 | Hits: 20

Government of the People’s Republic of Bangladesh Vs. Orex Network Limited and others, 2012, 41 CLC (AD)

....al is allowed and the impugned judgment is set aside. The disputed deed being No.4196 dated 30.11.1998 is declared void. There is no order as to costs. Ed. This Case is also Reported in: ......a J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Md. Shamsul Huda J The Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Dhaka..................Appellant Vs. Orex Networ......e said property to his son Khawaja Md. Zarrar by a memorandum of Heba dated 01.01.1971. The donee recorded and mutated his name in the records of the Ministry of Works. He got his name mutated in the revenue records on 02.01.1980. On 01.07.1985, Khawaja Md. Zarrar gifted the property to his wife and..

Category: Property Law | Date: 20 Jun, 2012 | Hits: 94

Government of the People's Republic of Bangladesh and others Vs. Md. Harun-or-Rashid and others, 2012, 41 CLC (AD)

....ment of the High Court Division is accordingly modified and the appeal is disposed of in the light of the above observations. No costs. Ed. This Case is also Reported in: 9 ADC (2012) 740. ......tana J Syed Mahmud Hossain J Md. Shamsul Huda J Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Finance, Finance Division, Bangladesh Secretariat and others........Appellants Vs. Md. Harun-or-Rashid and others.....................................udgment June 18, 2012. Result: The appeal is disposed of in the light of observations. An employee who was appointed in a devel­opment project could claim absorption as of right in the revenue budget and the government should follow the following matters- (i) Whenever any vacancy i..

Category: Employment/Service Law | Date: 18 Jun, 2012 | Hits: 130

Secretary, Ministry of Land, People's Republic of Bangladesh and others Vs. Saiful Islam Chowdhury and others, 2012, 41 CLC (AD)

.... view of the above, it is evident, that there is no merit in this Civil Petition for leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 832. ......n (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imman Ali J Md. Shamsul Huda J Secretary, Ministry of Land, People's Republic of Bangladesh, Bangladesh Secretariat, Ramna, Dhaka and others.................... view of the above, it is evident, that there is no merit in this Civil Petition for leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 832. ..

Category: Procedural Law | Date: 7 Jun, 2012 | Hits: 5

Abul Kashem Vs. Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)

.... Civil Procedure. In the light of the above, no interference is called for. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 160. ......Nazmun Ara Sultana J Syed Mahmud Hossain J Md Imman Ali J Md. Shamsul Huda J Abul Kashem.... .........................Petitioner Vs. Major General Mahmudul Hasan (Rtd.) and others……......Respondents Judgment June 5, 2012. Result: The...... Civil Procedure. In the light of the above, no interference is called for. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 160. ..

Category: Election Law | Date: 5 Jun, 2012 | Hits: 217

Grameen Telecom Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)

....of selling imported Nokia cellular handsets to the Grameen Phone Limited, another company. It also sells Grameen Phone products on commission basis under dealership agreements. The assessee filed its income tax return for the assessment year 1998-1999 showing its income at a net loss of Taka 3,12,93..............................Respondent Judgment June 3, 2012. Result: All the questions raised in the reference applications are decided in the affirmative in favour of the Department and against assessee. Case Referred To— Md. Yasin Miah and others Vs. Bangladesh and......f Taka 7,37,000 under section 30(a) of the Ordinance was a wrong calculation of perquisites but it was confirmed by the Commissioner of Appeal ille­gally; that non acceptance of the pre-operation revenue and confirmation of the same is contra­dictory to GAPP; that the disallowance of Taka 1,..

Category: Fiscal/Taxation Law | Date: 3 Jun, 2012 | Hits: 4

PHP Float Glass Industries Ltd Vs. Commissioner Customs, Excise and VAT and others, 2012, 41 CLC (HCD)

.... from the date of receipt of a certi­fied copy of this judgment and order. Communicate this judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 478 ......Jurisdiction) Present: Syed Refaat Ahmed J Md. Akram Hossain Chowdhury J PHP Float Glass Industries Ltd......................Petitioner Vs. Commissioner Customs, Excise and VAT and others.......Respondents Judgment May 30, 2012. Result: The rule is ...... from the date of receipt of a certi­fied copy of this judgment and order. Communicate this judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 478 ..

Category: Fiscal/Taxation Law | Date: 30 May, 2012 | Hits: 3

Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)

....n the impugned judgment and order and consequently, no merit in the leave petition. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 MLR (AD) (2013) 46. ...... Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Mintu Chowdhury...............................Petitioner Vs. Khurshid Nayeem and others......................Respondents Judgment May 28 and 29, 2012. Result: ......n the impugned judgment and order and consequently, no merit in the leave petition. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 MLR (AD) (2013) 46. ..

Category: Property Law | Date: 29 May, 2012 | Hits: 12

Government of Bangladesh and oth­ers Vs. Md. Badal and another, 2012, 41 CLC (AD)

....General representing the Government of Bangladesh and others submits that the High Court Division committed an error in not holding that the respondent did not disclose his profession and source of income that he did not make any declaration at the Airport in respect of the gold bar carried by hi...... Md. Muzammel Hossain CJ SK Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J   Shamsul Huda J   Government of Bangladesh and oth­ers........Appellants Vs. Md. Badal and another……………………………R......e above, we find merits in the appeals. Accordingly, the appeals are allowed. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 246. ..

Category: Criminal Law | Date: 17 Apr, 2012 | Hits: 20

M/S. Talukder Chemicals Limited Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)

....by set aside and the suit is hereby decreed . Communicate a copy of this judgment and decree immediately. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: ...... J M/S. Talukder Chemicals Limited, represented by its Managing Director, Mozzamel Haque Talukder alias H.M. Talukder…..........Plaintiff-appellants Vs. Government of Bangladesh and others…………............Defendant-respondents Judgment April......by set aside and the suit is hereby decreed . Communicate a copy of this judgment and decree immediately. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: ..

Category: Evidence Law | Date: 3 Apr, 2012 | Hits: 113

Assistant Horticulturist, Agriculture Extension Division, Crop Section Vs. M. A. Sattar Bhuiyan, 2012, 41 CLC (AD)

....d dis­posal afresh. The impugned judgment and order passed by the High Court Division in Civil Revision No.314 of 2005, is set aside. Ed. This Case is also Reported in: 9 ADC (2012) 644. ......mud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Assistant Horticulturist Agriculture Extension Division Crop Section, Bobhanbagh Uddyan Base Police Station-Savar, District-Dhaka and others....................................Petitioners Vs. M. A. Sattar Bhuiyan being d......d dis­posal afresh. The impugned judgment and order passed by the High Court Division in Civil Revision No.314 of 2005, is set aside. Ed. This Case is also Reported in: 9 ADC (2012) 644. ..

Category: Property Law | Date: 12 Mar, 2012 | Hits: 94

Human Rights and Peace for Bangladesh (HRPB) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

.... Administration, Ministry of Home Affairs and Ministry of Foreign Affairs for taking necessary steps in accordance with the directions given above. Ed. This Case is also Reported in: ......orted in: ......ce. (iv) If any extra charges and/or extra payment, in any form, are involved at any station except for ticket fare, same shall be borne by the up-graded passengers. (v) Executive Class revenue passengers shall not be downgraded/offloaded to accommodate such request and such request m..

Category: Constitutional Law | Date: 8 Mar, 2012 | Hits: 17

Md. Abul Kashem Vs. Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)

....gh Court Division is correct. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489. ......ion Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Syed Mahmud Hossain J Md. Abul Kashem.............................Appellant Vs. Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others..........Respondents Judgment February 14, 2012. Result: The appeal is dismissed. C......gh Court Division is correct. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489. ..

Category: Election Law | Date: 14 Feb, 2012 | Hits: 262

Grameen Phone Ltd Vs. Bangladesh Telecommunication Regulatory Commission (BTRC) and others, 2012, 41 CLC (HCD)

....ecipient of the facility would have to pay VAT at source directly to the government exchequer after deduction. VAT is always added to the total consideration value. It is never deducted like advanced income-tax or income-tax from the income. In whichever stage one deducts and pays VAT, he has to ded...... Present: Farid Ahmed J  Sheikh Hassan Arif J Grameen Phone Ltd...............................Petitioner Vs. Bangladesh Telecommunication Regulatory Commission (BTRC) and others……...............Respondents Judgment  February 13, 2012. ......nd condi­tions of the licence were amended by the BTRC under section 39 of the Telecom Act. By such amendments, annual licence fee was increased to Taka five crore with effect from 1-7-2005, 5.5% revenue sharing was introduced on all collected rents and call charges etc. to be payable on quarter..

Category: Fiscal/Taxation Law, Information Technology Law | Date: 13 Feb, 2012 | Hits: 15

Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)

.... Ga, Gha of the plaint of Title Suit No. 168 of 1991 appointing Deputy Commis­sioner, Dhaka and the collector as receiver thereof for the purpose of protecting and preserving the property and its income derived from the attached property with a view to distribute the same amongst the heirs of Ba......ported in: 65 DLR (HCD) (2013) 59. ......n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ..

Category: Property Law | Date: 7 Feb, 2012 | Hits: 4

Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)

....ons of the Administrator which include investigation and determination of the nature and extent of Waqfs and waqf properties, inspection of accounts, returns for ensuring that the waqf properties and income arising there from are applied to the objects and for the benefit of any class of persons for......p;  Md. Abdul Wahhab Miah J  Nazmun Ara Sultana J Syed Mahmud Hossain J   Md. Shamsul Huda J   Md. Imman Ali J  Kalim Ullah (Md.) and others ...............Appellant Vs. Fariduddin Ahmed…………&h...... date on which Part V comes into effect in any area, the word "malik" shall be deemed to have been substituted for the word "raiyat" or "tenant", and the word "land revenue" shall stand for the word 'rent'. 39. If a non-agricultural tenant sub-let..

Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10

Nawabgonj Govern­ment College Vs. Aftabuddin (Md.) and others, 2012, 41 CLC (AD)

.... illegal. From the above discussion, it is evident that there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 115. ......Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Nawabgonj Govern­ment College.....................Petitioner Vs. Aftabuddin (Md.) and others.........................Respondents Judgment January 23, 2012. Result: ...... illegal. From the above discussion, it is evident that there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 115. ..

Category: Property Law | Date: 23 Jan, 2012 | Hits: 90