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Commissioner of Income Tax and others Vs. M/S. Allynagar Tea Co. Ltd. and other, 1977, 6 CLC (AD)

....ment cases. All these appeals were heard analogo­usly and are being disposed of by one judg­ment. 2. The assessee in each of the said income tax assessment cases is a Sterling Company having its registered office in United Kingdom in which public are substantially interested within the meaning ......le Taxation between Pakistan and the United Kingdom. The result is that all these appeals are dis­missed with no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119.......oidance of Double Taxation between Pakistan and the United Kingdom. The result is that all these appeals are dis­missed with no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119...

Category: Fiscal/Taxation Law | Date: | Hits: 143

Sattyendra Sutradhar Vs. Md. Zillu Miah and others, 2012, 41 CLC (AD)

....heritance of the case hold­ing while the purchaser was a stranger to that. That the opposite party No.2 sold the case land to the opposite party No.1 pre-emptee at a consideration of Tk.5,000/- by a registered deed dated 17.12.1994. That though the transfer was a sale the pre-emptee in collusion wi......- is to be deposit­ed within 1 (one) month. The petitioner is permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 386. ......ty of Tk. 1,000/- is to be deposit­ed within 1 (one) month. The petitioner is permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 386. ..

Category: Property Law | Date: | Hits: 93

Md. Hanifuddin and another Vs. Abdul Mannan and others, 2012, 41 CLC (AD)

....s that the suit land belonged to the government and that the defendant No.7 Md. Najim Uddin took settlement of the suit land from the government on 25.10.1978 in Settlement Case No.117(XIII) 78-79 by registered kabuliat. That Md. Najim Uddin after taking settlement of that land possessed the same fo......Court in accor­dance with Rules. The parties are directed to maintain status-quo in respect of the suit land till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 372.......er book out of Court in accor­dance with Rules. The parties are directed to maintain status-quo in respect of the suit land till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 372...

Category: Property Law | Date: | Hits: 68

Bangladesh Sugar and Food Industries Corporation and others Vs. Md. Shamsuddin Sheikh, 2011, 40 CLC (AD)

.... judgment and order dated 20.05.2010 passed by the High Court Division in Writ Petition No.6790 of 2005 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 368....... at Mohimagonj of Gaibanda. On 31.03.2004 personnel of the Rangpur Sugar Mills had to be laid off and all the officers except the petitioner, were transferred to various places. In spite of a similar post as that of the petitioner being vacant at the Rajshahi Sugar Mills Limited, through ill motive,......order dated 20.05.2010 passed by the High Court Division in Writ Petition No. 6790 of 2005 making the Rule absolute in part declaring that the impugned order of termination as con­tained in memo No. AD M/S FC/P-1181/758 dated 29.03.2004 (Annexure-C to the writ petition) to be without lawful authori..

Category: Employment/Service Law | Date: | Hits: 180

Bangladesh Bank and another Vs. Sukamal Sinha Choudhury and another, 2011, 40 CLC (AD)

....ted earlier be extended till disposal of the appeal. This interim order shall not effect in any way retirement benefit of the respon­dent. Ed. This Case is also Reported in: 9 ADC (2012) 218....... 2. The present respondent No.1 filed the above mentioned writ petition impugning the Administrative Circular No.10 dated 30.04.2005 issued by the respondent No.3 making policy for promotion to the post of General Manager. 3. The writ petitioner's case, as stated in the writ petition, is that t......houdhury and another………………………..Respondents Order December 12, 2011. Result: Leave is granted. Cases Referred to- Bangladesh Vs. Md. Azizur Rahaman, 1994 (46) DLR (AD) 19; (AIR 1986 (SC) 1830; AIR 1987 (SC) 2348; AIR 1982 (SC) 917. Lawyers Involved: M. Amir..

Category: Employment/Service Law | Date: | Hits: 211

Nur Mohammad Bhuiyan and others Vs. Aysha Khatoon and others, 2011, 40 CLC (HCD)

....e of plaint. He was forced with necessity of transferring the suit land to one Haider Ali, predecessor-in-interest to defendant-opposite party Nos. 1-5 by a conveyance deed executed on 18.10.1948 and registered on 29.8.1949. The said conveyance deed was followed by another deed of reconveyance regis......ated 8.11.1986 of the Munsif (now Assistant Judge), First Court, Chandpur in Title Suit No. 51 of 1983 are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: .............................. Opposite Parties Judgment November 20, 2011. Result: The Rule is made absolute. Cases Referred to- Bangladesh Vs. Haji Abdul Gani Biswas and others, 32 DLR (AD) 233; Abu Bakar Vs. Nazir Ahmed, 34 DLR (AD) 237. Lawyers Involved: Md. Mobarak Hossain, Ad..

Category: Property Law | Date: | Hits: 87

Sree Binoy Krisna Saha and others Vs. Sree Reboti Mohon Saha and others, 2011, 40 CLC (HCD)

....s in their respective shares, when defendant No.1 along with his two sons (defendant Nos.2-3) obstructed them and disclosed that he got the suit land from their mother Manjury Mohini Saha by way of a registered gift deed. On enquiry the plaintiffs came to know about two deeds, namely, a gift deed da......rty to call for any document, recall or re-examine the witnesses and take additional evidence, if it is so required. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......rty to call for any document, recall or re-examine the witnesses and take additional evidence, if it is so required. Send down the lower Courts’ records. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 66

National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 22 CLC (AD)

....bject to any restrictions imposed by law. 2. Respondent filed the writ petition stating, inter alia, that he is the Managing Director of “Friends Fishing Corporation” a private limited company registered under the Companies Act, 1913 and is also the owner of two Fishing Trawlers at Chittagong...... judgment with reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ...... judgment with reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: | Hits: 140

Government of Bangladesh and others Vs. Md. Salim Reza, 2003, 22 CLC (AD)

....and other benefits to the employees including the respondent. In that view of the matter, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ...... Family Planning, Government of Bangladesh the appellant nos.1 to 6 decided to recruit man power of the upgrade hospital for opening the Hospital and accordingly created 142 gazetted and non-gazetted post for running the hospital. That the order was issued for appointment under order of appellant no......ATC 385 Diorector, ECIL Vs. B. Karunakar {(1993) 4 SCC 727; 1993 SCC (L&S) 1184; (1993) 25 ATC 704}; Md. Abdur Rasheed Vs. Govt. of Bangladesh, 30 DLR 231, Dr. Nurul Islam Vs. Bangladesh, 33 DLR (AD) 201 P.L. Dhingra, AIR 1958 S.C. 36; Moti Ram, AIR 1964 S.C. 60; Kumari Shrilekha Vidyarthi Vs. S..

Category: Employment/Service Law | Date: | Hits: 155

M/S. G. K. Brothers and another Vs. M/S. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)

....e plaintiff withdrew Taka 1, 80,000/- from the Rent Controller. For want of Income Tax Clearance Certificate, the defendant No. 1 and 2 (present appellants) failed to get the kabala deed executed and registered through Court on the strength of the judgment and order passed by the Appellate Division.......he suit land in favour of appellants through court. The office is directed to send down the lower Court’s record at once. Md. Rais Uddin J. - I agree. Ed. This Case is also Reported in: ......he suit land in favour of appellants through court. The office is directed to send down the lower Court’s record at once. Md. Rais Uddin J. - I agree. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 113

Sree Nitta Nando Dey and others Vs. Nogendra Krishna Kundu and another, 2011, 40 CLC (HCD)

.... Pal and Parul Rani Pal on 6.7.1969 by two separate sale deeds. Thereafter, the said Ram Krishno Pal and Parul Rani Pal transferred it to him and his brother Kartik Chandra Kundu, defendant No.2 by a registered sale deed dated 25.5.1983. Later on, Kartik Chnadra Kundu transferred his share to him (d......nd Court, Munshiganj in Title Appeal No. 119 of 1994 are hereby set aside and those of the trial Court are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......nd Court, Munshiganj in Title Appeal No. 119 of 1994 are hereby set aside and those of the trial Court are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 76

S. M. Basiruddin Vs. Zahurul Islam Chow­dhury and another, 1982, 11 CLC (AD)

....pondent No.1 in respect of certain land with in the Dacca City. The sale under pre-emption was effected by Ayesha Khatun respondent No.2 in favour of the appellant by a kabala dated 10-9-73 which was registered on 5-4-76. The case land appertained to a permanent tenure recorded in C.S. Khatian No.21......e appeal is allowed with cost, the orders allowing pre­emption are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 230. ......LR 77; Ram Charan Sutradhar Vs. S.M. Makhan, 38 CWN 1976; Pramatha Nath Shikder Vs. Jitendra Nath Roy, 43 CWN 1102; Mubasher Ali Vs. Md. Mokbul Hossain, 19 DLR 271; Anwara Begum Vs. Nurjahan, 27 DLR (AD) 109; Manindra Chandra Ghose Vs. Mujibul Islam, 12 DLR 785; Rafiqul Islam Vs. Taibur Rahman, 18 D..

Category: Property Law | Date: | Hits: 85

Nurul Islam and others Vs. Arif Ullah and others, 2012, 41 CLC (HCD)

....t Nos. 262 and 263 by way of purchase from Dhirendra Chandra Kar and six others. The defendants also pointed out that the plaintiffs’ alleged purchase of 1.22 acres of land was not concluded by any registered sale deed. Earlier they (plaintiffs) had instituted Title Suit No. 108 of 1979 in the Fou......red as Civil Revision No. 24 of 1984. Subsequently it was renumbered with its present number possibly on transfer from Sylhet Bench, though the reason of such renumbering is not recorded. Today it is posted in the cause list and called for hearing, but no one appears for either of the parties. In vi......Accordingly the Rule is discharged. The order of status quo granted earlier at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 70

Md. Shahar Ali and others Vs. Sree Sailesh Chandra Sen and others, 2012, 41 CLC (HCD)

....decimals against Plot No.3758. By an amicable partition, each of them got 58 decimals of land. Thereafter, Mafizuddin Sheikh transferred his entire share to Mst. Genda Bibi, wife of defendant No.1 by registered sale deed No. 6460 dated 29.3.1966 and handed over the possession thereof in her favour. ...... the Rule is discharged. The ad interim order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ...... the Rule is discharged. The ad interim order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 84

Ismail Vs. State, 2009, 38 CLC (HCD)

.... 419/420/467/468/471 of the Penal Code read with section 3 of the Passport Act. 3. The learned Metropolitan Magistrate, Dhaka, being the trial Court took cognizance of the offence and the case was registered as G.R. Case No.3472/1987 and the aforesaid learned trial Court after taking cognizance f......ee) incriminating passport with tickets and after investigation he submitted the charge-sheet against all the accused persons. 7. The learned counsel Mrs. Hamida Khatun submits that admittedly 3 imposts were arrested by the Immigration Authority from the Zia International Airport which thing had ......the Metropolitan Magistrate, Dhaka is set aside and the convict-appellant–petitioner is discharged from his bail bond. Send down the L.C. record at once. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 92

Md. Rejaul Haque @ Ezaul Vs. State, 2011, 40 CLC (HCD)

....t under section 19 (a) and (f) of the Arms Act. The case record was then transferred to the Court of Sessions for trial. 4. Learned Senior Special Tribunal, Chuadanga on receipt of the case record registered and renumbered the same as Special Tribunal Case No.42 of 1999 and after hearing the part......ed in any other case. Send down the Lower Court Records along with a copy of this judgment and order at once. Md. Afzal Hossain Ahmed J. - I agree. Ed. This Case is also Reported in: ......ed in any other case. Send down the Lower Court Records along with a copy of this judgment and order at once. Md. Afzal Hossain Ahmed J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 95

Md. Masuk Miah and others Vs. Md. Foyzur Rahman and others, 2012, 41 CLC (AD)

....5 the land was partitioned and as a result each brother got .3412 acre of land. On 10.11.1985 Saif Ullah executed a bainapatra in favour of the plaintiffs in respect of .1534 acre of land and by four registered deeds dated 14.11.1985, 16.11.1985 and 07.01.1986 transferred the land and deliv­ered po......fen­dant No.1, who was a well-wisher, to con­struct the said wall and accordingly, defendant No.1 completed construction of boundary wall. The plaintiff No.1, who was in the service of PDB had been post­ed outside of Sylhet, returned on 25.03.1992 and found that the boundary wall did not properly......re permitted to pre­pare the paper books out of Court in accordance with Rule. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 242...

Category: Property Law | Date: | Hits: 87

Zillul Haq and others Vs. Maloti Bala Dey & others, 1998, 27 CLC (HCD)

....y, Birendre Kumar Das and Bimala Charan Das and the three brothers jointly owned and possessed the same. While being in exclusive possession in the suit property the said Binode Behari Das executed a registered will in favour of the plaintiff in respect of the suit land. Subsequently, the said Binod...... for his perusal and necessary action. The order of stay earlier granted by this Court stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 367.......le Suit No.174 of 1992 on transfer to the Court of Assistant Judge Sylhet praying for a declaration that the orders dated 13-11-1976 and 16-4-1977 passed in Miscellaneous Case No.20 of 1976 by the ADC (Revenue) Sylhet are illegal and without jurisdiction and also for a permanent injunction rest..

Category: Property Law | Date: | Hits: 88

Halima Jaman and other Vs. Government of Bangladesh, 1998, 27 CLC (HCD)

....n favour of plaintiff Asaduzzaman. It is the case of the plaintiff that A Satter Solaiman delivered possession of the property in his favour on 14-10-1971. A deed of sale having not been executed and registered by A Satter Solaiman, the plaintiff was obliged to file the Suit for specific performance...... 1 of the CPC. We find no merit in this application for review. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 352. ...... April 20, 1998. Result: The Rule is discharged. Cases Referred To- Government of West Pakistan Vs. Gulzar Mohammad, 21 DLR (SC) 46; Buxly Paints (Bangladesh) Ltd. Vs. Bangladesh, 31 DLR (AD) 266; Asaduzzaman Vs. Bangladesh, 36 DLR (AD) 108; Fazle Karim and others Vs. Government of Bangl..

Category: Property Law | Date: | Hits: 89

Shefali Rani and others Vs. Makhan Chandra Das and others, 1990, 19 CLC (HCD)

....t Abu Sayeed Ahammed J.- This Rule has been issued at the instance of the plaintiffs in Title Suit No.207 of 1982 which was dismissed on contest, for a declaration that two kabala deeds which were registered on 6-6-81 in the sub-registry Office, at Begumgonj, Noakhali, are forged and fraudulent. ...... The documents in question, as described in the schedule of the plaint are declared as void and fraudulent. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341. ......he Rule is made absolute. Cases Referred to- Anwar and others Vs. Abul Hossain Molla and others, 44 DLR 79; Hachina Begum and others Vs. Mosammat Mahfuza Akhter and another, 16 BLD 375; 33 DLR (AD) 1; Hosna Banu and others Vs. Keamat Ullah Malitha and others, 18 BLD (AD) 10; Seth Suganmal and ..

Category: Procedural Law | Date: | Hits: 105