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Faridul Islam alias Faridul Alam and others Vs. State, represented by the DC, Chittagong and another, 2011, 40 CLC (AD)

.... 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.......subscription for their party office. After that, on 21-2-2004 under the direction of accused-petitioner No.1, accused-petitioner Nos.2-6, 8 and 9 had detained the informant at gun point and looted an amount of Taka 27,322 as well as other goods worth about Taka 5,35,007. On receipt of the FIR by the...... 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

JMS Glass Industries Ltd. Vs. Customs, Excise and VAT Appellate Tribu­nal and others, 2011, 40 CLC (AD)

.... 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. ...... Enquiry and took into account only three bill of entries and passed the Order bearing Nothi No. 4/A(340) oniom/JMS Glass/2005/986 (5)-3, dated 29-6-2006 deducting Taka 5, 22,489.43 from the demanded amount of Taka 3,03,67,190.10. The respondent arbitrarily demanded Taka 2, 98, 44,700.67 and imposed...... 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

Azmal Khan Vs. Md. Afzal Khan and others, 2011, 40 CLC (AD)

.... power of the Court in allowing a defendant to file additional written state­ment which can be exercised ex debito justitia. The Court under such powers does not permit the defen­dant to change the whole front and raise a plea which is not consistent with the earlier stand taken by him. It does no......erfering with the orders of the trial Court allowing the prayers for changing the pleadings for. a party after making admission of a relevant fact cannot be allowed to change the said admission which amounts to changing the nature and character of the pleading. In support of his contention, the lear......statement in Other Class Suit No.84 of 1967, he made the similar statement. In the present written statement the appellant had admitted in paragraph 9 that the disputed property was acquired with the money provided by their mother and that as per desire of their parents, they started the business of..

Category: Civil Law | Date: | Hits: 86

Ramjan Ali Mistry Vs. Md. Hedayelullah, 1978, 7 CLC (AD)

....td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this ap­peal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183.......ere tenant pays rent due to the full extent in due time, the defaulter cannot seek protection. In Zainul Abedin Vs. Nazira Banu, (1974) 26 DLR 221 the view taken is that the failure to deposit the amount of rent on the alleged ground that the necessary permi­ssion of the House Rent Controller ha...... landlord shall not for the purposes of this sub-section be deem­ed to have refused to accept any rent unless the rent is remitted within the period referred to above in this sub sec­tion by postal money order to the ad­dress of the landlord and the rent so remitted is returned to the tenant by t..

Category: Property Law | Date: | Hits: 87

M/S Pak Jute Mills Ltd. Vs. Income Tax Officer and another, 1978, 7 CLC (AD)

....in the 3rd column of that schedule. The Schedules read as under:— FIRST SCHEDULE (See Section 2) Rates of Surcharge (A) In the case of a company deriving in­come, profits and gains the whole or part of which are exempt from pay­ment of income-tax and super tax un­der section 15BB of......d figure and the issued capital at a correspondingly increa­sed figure" Shashibala Navnitlal Vs. C. I.T. (1964) 54 I.T.R. 478. 9. Section 2(6) (c) "income" was amen­ded by Amendment of 1967. The amount- ''Representing the face value of any share of the amount of any bonus declared, issued or......ere the rate of surcharge has been detailed. This point also fails. In the result, therefore, the appeal is dis­missed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 178. ..

Category: Fiscal/Taxation Law | Date: | Hits: 131

Zaminur Rahman & others Vs. Bangladesh & others, 1978, 7 CLC (AD)

....ny substance. 5. Leave was granted to examine the con­tention of the appellants that the power of taxation in its nature is such that no private person can be allowed to collect and appro­priate whole or any part of the tax and the act of any authority allowing private persons to collect and ap......f Octroi." 4. This amendment authorised the Municipal Committee to lease out by public auction collection of Octroi in a Octroi post which shall be operated under the control of the lessee and all amounts collected as Octroi shall belong to the lessee and the lessee may, for collection, employ as......native method of collec­tion of tax, is in contravention of the Muni­cipal Ordinance and Article 83 of the Con­stitution. The learned counsel’s contention is that tax is a compulsory exaction of money by public authority for a public purpose and the collection tax must go to the public fund. Th..

Category: Fiscal/Taxation Law | Date: | Hits: 112

Sonali Bank Vs. Mozaffor Hossain, 1997, 26 CLC (HCD)

....t of Subordinate Judge, Barisal is set aside and the ex parte decree dated 30-7-1983 is maintained. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 174. ......ted a suit being Money Suit No.3 of 1978 in the First Court of Subordinate Judge, Barisal against the defendant for realisation of Taka 41,487.20 with cost and interest till realisation of the entire amount due under cash credit account accrued by mortgage along with other two accounts. Notice of th......fficer of the plaintiff-Bank was examined as P.W.1 in support of the plaintiffs case. Documents were marked as Exhibits. 31-7-1983 was fixed for order. On 31-7-1983, the suit was decreed ex parte and money decree for Taka 41,487.20 had been awarded in favour of the plaintiff-Bank. 5. The defendan..

Category: Procedural Law | Date: | Hits: 80

Harunar Rashid (Md.) Vs. Subordinate Judge, (Artha Rin Adalat) Bogra and others, 1997, 26 CLC (HCD)

....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.......-88 but over-drew Taka 4,03,000.00 on 27-4-88. Altogether he has withdrawn Taka 85,000.00 on that date. On 31-7-88 respondent No.4 deposited Taka 6,84,775.00 and on 1-8-88 he had withdrawn the entire amount and thus had withdrawn an excess amount of Taka 6,84,755.00. It is alleged in the plaint that...... not maintainable. He further submits that the Artha Rin Adalat has committed no illegality in passing the impugned judgment and decree. He further submits that the petitioner has misappropriated the money and the same is nothing but a debt. Section 2(Kha) of the Artha Rin Adalat Act, 1990 defines ..

Category: Civil Law | Date: | Hits: 71

Abdur Rahim Vs. Arifur Rahman and others, 1997, 26 CLC (HCD)

....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.......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.......cimals of land at a consideration of Taka 55,000.00 and in pursuance of the said agreement the defendant duly executed a bainapatra dated 18-5-80 in his favour on receipt of Taka 50,000.00 as earnest money on the stipulation that they would execute and register a sale deed in respect of the suit pro..

Category: Procedural Law | Date: | Hits: 68

Ihteshamur Rahman Vs. Masuda Khatun and others, 1998, 27 CLC (HCD)

....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. ......ous tests for deciphering the truth. 8. In this case, in his cross-examination P.W.1, without any ambiguity, stated that plaintiff Masuda Khatoon had put her LTIs in the plaint. We do not find any amount of ambiguity, confusion or uncertainty in the statement. This statement of P.W.1 was elicited......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)

....en made without lawful authority and are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 151.......etitioner did not invest any money. In the report submitted by the Special Branch and the NSI it has been further pointed out that the petitioner cheated some garments manufacturing companies of huge amount of money. She violated the Foreign Exchange Regulation of the Bangladesh Bank. She did not ob......adeshi nationals namely, Mr. Ishrat Ferdousi and Mr. Gazi M Hassain while they were on a visit to USA for opening a buying house in Bangladesh. But for this business the petitioner did not invest any money. In the report submitted by the Special Branch and the NSI it has been further pointed out tha..

Category: Criminal Law | Date: | Hits: 87

Jamil Akhter Elahi (Md.) Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....ion is misconceived and the Rule is liable to be discharged. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 64.......ly, that this is a clear case of discrimination. Since all the employees are not entitled to this loan but it is only a privilege for the senior executives of the Bank who are so entitled to the huge amount of car loan to the extent of Taka 13,00,000 and 12,00,000 without any interest. On top of it,......ion is misconceived and the Rule is liable to be discharged. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 64...

Category: Others | Date: | Hits: 134

Islam Enterprise Vs. Commission of Taxes Zone-3, 2007, 36 CLC (HCD)

....ent but it con-templates all proceedings on which the assessment order is based and the Income-Tax Officer is entitled for the purpose of exercising his jurisdiction under section 35 to look into the whole evidence and the law applicable to ascertain whether there was an error. lf he doubts the writ......r of Taxes acted illegally in disallowing substantial part of the justified expenses just on surmises and/or conjectures. 15. In Reference No.212 of 2002 he also submitted that the rejection of an amount of Taka 2,50,000 by the Deputy Commissioner of Taxes out of the debt of Taka 16,42,374 which ......he applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 59...

Category: Fiscal/Taxation Law | Date: | Hits: 97

Abul Kashem Vs. AKM Golam Mostafa and others, 2009, 38 CLC (HCD)

....ated. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed This Case is also Reported in: 62 DLR (HCD) (2010) 44. ......ated. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed This Case is also Reported in: 62 DLR (HCD) (2010) 44. ......lding lands contiguous to the land transferred who came to know about such transfer in the last part of Falgoon, 1405 BS. Thereafter they instituted Miscellaneous case by depositing the consideration money for Taka one lac along with statutory compensation at the rate of Taka 10% thereupon for pre-e..

Category: Administrative Law | Date: | Hits: 230

Chief Engineer, the Local Government and Engineering Department and others Vs. Kazi Mizanur Rahman and others, 2012, 41 CLC (AD)

....te Expectation’ without least realising that there was hardly any legitimacy in the claim of the respondents. In the absence of pleading and the affidavit of the respondents in support thereof, the whole exercise done by the High Court cannot but be termed to be speculative.” 17. In Council ......y estoppel and this concept has been developed in the European Community Law. According to the doctrine, where a person is the victim of an unfavourable decision taken by a public authority, this may amount to an infringement of that person’s legitimate expectation, where, for example, the decisio...... 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

Director General, Bangladesh Railway and others Vs. Sher-e-Bangla Market Dokander Bohumukhi Samobaya Samity Ltd., 2012, 41 CLC (AD)

.... appreciation of the facts and circumstances of the case. We do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... different Ministries. However, Bangladesh Railway received part payments on different occasions and the writ petitioner executed an Angikarnama on 03.02.2009 with commitment to deposit the remaining amount within a certain period. The writ petitioner Samity deposited the entire amount within the st...... appreciation of the facts and circumstances of the case. We do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 70

Kazi Liakat Ali and others Vs. Chairman, Civil Aviation Authority and another, 2003, 32 CLC (HCD)

....harged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. We however, make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595.......Regulations), particularly with regulation 2 which provides for appointment of three classes of employees­- probationer, permanent and temporary. 6. Secondly, appointment of a cleaning contractor amounts to delegation of powers of the Authority to the contractors and, as such, is hit by section ......harged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. We however, make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595...

Category: Employment/Service Law | Date: | Hits: 125

Al Baraka Bank Bangladesh Ltd. Vs. Rina Alam and another, 2004, 33 CLC (HCD)

....ffirmed. The bank is directed to return the schedule document within seven days of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 588.......h decreed the suit. 2. Respondent No.1 as plaintiff on 14‑7‑97 instituted Title Suit No. 208 of 97 against 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; an......-Muajjal facility to Coast Marine Lines Ltd. In the sanction letter, the property of the plaintiff was not mentioned to be mortgaged. But before issue of sanction, the bank claims that on 17‑3‑88 money was disbursed. DW 1 testified that after sanction, charge documents including collateral were ..

Category: Civil Law | Date: | Hits: 109

Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)

....mplete justice or making a complete distribution of the property. The power, given under the section is to be exercised in aid of the bankruptcy proceeding not otherwise. There is no provision in the whole of section 5 empowering the Court to reject a plaint. 43. Similarly, section 110 of the Act......by directed to proceed with the suit by issue of the summons/notice however, in accordance with law, expeditiously. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 573. ......away. After a considerable delay, defendants paid the plaintiff Taka 1,00,00,000 only out of his share of Taka 4,33,00,000. In spite of repeated demands, defendants did not pay the plaintiff any more money. So, the defendants owe to the plaintiff a matured debt of Taka 3,33,00,000. 17. The plaint..

Category: Others | Date: | Hits: 185

Rashedul Alam Chowdhury Vs. ASM Shahajahan and another, 2011, 40 CLC (AD)

.... and orders of the High Court Division do not call for any interference by this Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 39.......ore the Additional Metropolitan Sessions Judge, 2nd Court, Chittagong which arose out of CR Case No.478/Kotwali Zone/ 2007. The allegation was that the petitioner received from the respondent No.1 an amount of Taka 10, 00,000 (Ten lac) from 15-6-2006 to 2-8-2006 by different cheques. Criminal Miscel......n was that the petitioner received from the respon­dent No.1 an amount of Taka 10, 00,000 (Ten lac) from 10-2-2005 to 28-1-2007 by different cheques. In both instances the understanding was that the money would be paid back by the petitioner in the month of March, 2007. But the petitioner did not p..

Category: Criminal Law | Date: | Hits: 75