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Nabab Khan Vs. Commissioner of Taxes, 2008, 37 CLC (HCD)

....erence with our answer to the question in the affirmative for the Revenue Department and against the assesses. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 397. ......erence with our answer to the question in the affirmative for the Revenue Department and against the assesses. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 397. ..

Category: Fiscal/Taxation Law | Date: 22 Jan, 2008 | Hits: 13

Md. Farid Hossain Vs. State, 2007, 36 CLC (HCD)

.... see that the learned Judge of the Tribunal adjourned the case for about 5 months at a time in such a long pending case keeping the accused appellant in custody. The learned Judge should inform the higher au­thority of the Police Department about their failure to bring the prosecution witness b......s the privilege of bail at any stage of the trial. Send a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 209.    ..

Category: Criminal Law | Date: 26 Sep, 2007 | Hits: 7

Abul Khair Condensed Milk and Beverage Ltd. Vs. Commissioner of Customs and others, 2007, 36 CLC (HCD)

....d be made and was issued prematurely. 32. Then, the parties differed seriously on the CRF certificates. It is the case of the petitioner that said certificates were issued at an inflated rate much higher than the international price and in violation of some mandatory provisions of the PSI Rules, ......omes due after such final assessment is paid in cash within a period of two months of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 555. ..

Category: Fiscal/Taxation Law | Date: 17 Sep, 2007 | Hits: 66

Isahaque Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)

....ses involving severe punishment or life imprisonment The provision of law as regard burden of proof is, that in a case involving severe punishment or life imprisonment, courts require even a higher degree of proof and all material evidence, particularly those in favour of the accused, shou......e, who are already on bail by this Division, are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ..

Category: Criminal Law | Date: 16 Aug, 2007 | Hits: 9

State Vs. Tipu Gazi and others, 2007, 36 CLC (HCD)

....he morgue under challan. He proved his signature on the challan as ext.10/2. A prima facie case having been proved against 12 accused persons he submitted charge sheet against them on approval of his higher authority. He proved the sketch map as ext.11 and ext.11/1. He proved the index thereof and h...... once, if not wanted in any other connection. Send down lower tribunal records along with a copy of this, judgment expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 516. ..

Category: Criminal Law | Date: 15 Aug, 2007 | Hits: 26

Islam Enterprise Vs. Commissioner of Taxes and another, 2007, 36 CLC (HCD)

....ification of the mistake." 40. There is generally no dispute that once an assessment is made, it cannot be reopened by the Income Tax Officer of his own motion or at the direction of any authority higher to him except in the circumstances indicated in section 173 of the Ordinance. 41. On the a......e 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: 27 BLD (HCD) (2007) 425. ..

Category: Fiscal/Taxation Law | Date: 9 Aug, 2007 | Hits: 31

Birendra Kishore Ghose @ Gopal Krishna Ghosh Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

....ting the land through borgader. Rabindra Lal Ghosh had 3 sons out of which the plaintiff is the eldest. The plain­tiff being attacked with paralyses at six years of his age could not proceed with higher edu­cation. The other two brothers of the plaintiff are in good health. The plaintiff while......the appeal. Consequently the appeal is dismissed without any order to cost. Send down the lower court records at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 498. ..

Category: Property Law | Date: 7 Jun, 2007 | Hits: 6

Arab Bangladesh Bank Limited, Motijheel Branch, Dhaka Vs. The Artha Rin Adalat and others, 2007, 36 CLC (HCD)

....lt out by the bank whether the property is first, second or third charge. Even then with the execution of the decree in the earlier suit, where the property has been mortgaged and whose value is much higher than the accepted bid as alleged by the bank, we are afraid that the bank can get advantage s......discharged and the Rule in Writ Petition No.5961 of 2004 is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 284.   ..

Category: Banking Law | Date: 12 Mar, 2007 | Hits: 6

Md. Kamruzzaman Babul and others Vs. State and another, 2006, 35 CLC (HCD)

....shu Nirjatan Daman Bishesh Adalat, Dhaka against 9 accused persons including these petitioners alleging, inter-alia, that the informant being a Government servant went to United States in 1994 for higher studies, who came to Bangladesh on leave in 1995 and married accused Fatema Khairunnesa on 0...... of 2001 under sections 6(1)/7/30 of Nari-O-Shishu Nirjatan Daman Ain, 2000 is quashed. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 68. ..

Category: Women and Children | Date: 19 Nov, 2006 | Hits: 11

Hasmot Ali and others Vs. Chairman, 3rd Labour Court, Dhaka and others, 2006, 35 CLC (HCD)

....o the post of Aircraft Mechanic. In this way the first party petitioner was deprived of his legal claim of being appointed to the permanent post. The petitioner made several representations to the higher authorities of Bangladesh Biman Corporation without any success. It is further stated that t......"no work no pay basis" and they did not perform continuously for 90 days with a gap from time to time and they were paid wages @ Tk.65/- per day on the basis of "No work no pay" system without any scale of pay and other facilities of the Bangladesh Biman Corporation. He then submits that the pet..

Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9

Hazi Afsar Uddin Mina and others Vs. Alhaj Sk. Sultan Ali and others, 2006, 35 CLC (HCD)

.... report compliance of the order of this Court to Registrar of Supreme Court of Bangladesh immediately after the disposal of the Suit. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 303. ...... report compliance of the order of this Court to Registrar of Supreme Court of Bangladesh immediately after the disposal of the Suit. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 303. ..

Category: Procedural Law | Date: 18 Apr, 2006 | Hits: 29

M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)

.... issued Memo dated 25.07.1989 to the consti­tuted Attorney of the defendant No.1 and intimated him to the effect that the total price of the suit property would be Taka 83,12,680.00 which was much higher than what was agreed upon. In reply to the said memo, Mr. Mohasin Darber, the Constituted At...... liberty to get the sale deed executed and registered through court in accordance with law. Send down the L.C.R. at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 41. ..

Category: Property Law | Date: 15 Dec, 2005 | Hits: 8

World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)

....pplies should ask for the said bags from me and if I should have to give the bags to him, I shall return to you the money you have given with one per cent interest. “The rates agreed upon were much higher than the controlled rates." On the facts it was held that: "Plaintiff being a big mer...... reasons assigned by the High Court Division in the impugned order, we do not find any illegality with the impugned judgment for our interference. The petition is, accordingly, dismissed. Ed. ..

Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331

M/S. Marine Contacts, represented by Md. Mofazzal Hossain Vs. People's Republic of Bangladesh, 2005, 34 CLC (HCD)

....he year 2004-2005, the petitioner submitted the Tender. The rate quoted by the petitioner was the lowest and the offer of the respondent No.7 the second lowest Tenderer being Tk. 8,99,91,720.00 was higher than that of the petitioner by Tk. 2,57,45,850.00 and in that view of the matter the petitio......cumstances we do not find any substance in this Rule. Accordingly the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 20. ..

Category: Others | Date: 15 Aug, 2005 | Hits: 6

Humayun Hafiz (Md.), Intelligence Officer Vs. People's Republic of Bangladesh represented by the Secretary, Internal Resources Division, Ministry of Finance and others, 2005, 34 CLC (HCD)

....ose of the Rule Nisi issued by this Court in Writ petition No.4470 of 1996, respondent No.2 again started second departmental proceeding against the petitioner an the self‑same matter showing false higher educational qualification by issuing a show cause notice vide memo No.11(16) Custom Administr......hment vide letter dated 5‑9‑83 nominated the petitioner for absorption as surplus personnel in any office under the National Board of Revenue as Income Tax Inspector/Customs Inspector in the same scale of pay and grade as he was holding at the time of declaring him surplus. Thereafter, the Selec..

Category: Administrative Law, Employment/Service Law | Date: 24 Jul, 2005 | Hits: 8

Muzaffar Hossain Sarker (Md.) Muzaffar Hossain Sarker (Md.) Vs. State, 2002, 31 CLC (HCD)

....ording officer and P.W.14 Syed Liakat Hossan, District Anti-Corruption Officer who recommended for submitting FRT on 21‑5‑1995 but later on the charge-sheet was submitted on recommendation of the higher authority. 14. P.W.1 Nasim Anower deposed supporting the contents of first information r......far Hossain Sarker who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 711.     ..

Category: Criminal Law | Date: 16 May, 2005 | Hits: 3

Jamuna Builders Ltd. and another Vs. Rajdhani Unnayan Kartripakkha and another, 2005, 34 CLC (HCD)

.... have been accorded under the provision of law and the respondents are stopped from refusing to give formal approval to the plan. The Authorised Officer respondent No.2 cannot act at the dictation of higher authority. There is no scope to withhold the decision on the application filed by the petitio...... the Building Construction Rules, 1996. In the result, the Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 762.   ..

Category: Administrative Law, Company Law | Date: 9 May, 2005 | Hits: 9

Md. Farid Uddin Ahmed Vs. Atahar Uddin and another, 2005, 34 CLC (HCD)

....the trend of cross-examination is that of innocence and false implication. The positive case of the defence is that they invested under the Morbaha system at the prior approval and knowledge of the higher authority of Islami Bank Bangladesh Limited and the business concerns who were under the def...... Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 186.  ..

Category: Criminal Law | Date: 2 May, 2005 | Hits: 2

Sohel Rana (Md.) Sohel Rana (Md.) Vs. State, 2005, 34 CLC (HCD)

.... the surrounding circumstances and the medical report, an offence under section 9(1) of the Ain, 2000 was proved against the absconding jail appellant Sohel Rana. Thereafter, with the approval of his higher authority he submitted charge-sheet against the jail appellant for the offence punishable und......or information and necessary action. Send down the lower Tribunal records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 591. ..

Category: Criminal Law, Women and Children | Date: 19 Apr, 2005 | Hits: 1

Sultan Ahmed & another Vs. Government of Bangladesh and others, 2005, 34 CLC, (HCD)

....mber, 2000, the maximum amount to be paid on account of the bill was Taka 182. On 8‑5‑2001, respondent No.7 sent a bill to the petitioner for January, 2001 with a request to pay the bill. Finding higher figure in the bill, the petitioner returned the original bill to respondent No.7 by keeping a......f stay passed in Writ Petition No.8269 of 2002 is hereby recalled and vacated. There is no order as to costs. Ed.     This Case is also Reported in: 57 DLR (2005) 560. ..

Category: Information Technology Law | Date: 12 Apr, 2005 | Hits: 4