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Begum Khaleda Zia Vs. Secretary, Ministry of Defence, Government Of Bangladesh, Ganobhaban Complex, Sher-e-Bangla Nagar, Dhaka and others, 2010, 39 CLC (AD)

....ion has also been brought in the list. 2. It may be recalled that on the prayer of Mr. T.H. Khan, the learned Advocate for the petitioner, the Civil Petition was fixed for hearing before the Full Bench on 10th November,2010 and accordingly the matter appeared in the cause list on that date for h......ccordingly rejected. However, the Contempt Petition No. 17 of 2010, shall be taken up for hearing today after recess. This Order is also Reported in: 16 BLC (AD) (2011) 05, 19 BLT (AD) (2011) 14...

Category: Property Law | Date: | Hits: 73

Dr. Md. Golam Hossain Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....lso find from the record that challen­ging the aforesaid order, petitioner earlier preferred Writ Petition No. 10718 of 2006 and the same was ultimately rejected as not being pressed by the Division Bench of this Court dated 26-11-2006. By the impugned order, the petitioner was stand released, the ......s the Rule having no merit fails. In the result, the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 533. ..

Category: Employment/Service Law | Date: | Hits: 89

Tahmid Ahmed Vs. Jalaluddin Jaffar Ali Hussain, 1999, 28 CLC (HCD)

....company to serve a no on the director in writing. 19. In the case of Ittefaq Group of Publications Limited and others Vs. Arab Bangladesh Bank Limited and others, reported in 50 DLR 597 a Division Bench of the High Court Division held that non-service of notice on a director invalidated the proce......n accordance with law. The application is, therefore, allowed. Costs of the Objector to be paid out of the assets of the Company. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 141...

Category: Company Law | Date: | Hits: 222

Hafizuddin Ahmed Vs. M Aslam Miah & others, 2002, 31 CLC (HCD)

....f a mutawalli who was a stranger to the family of the waqif and was appointed by the District Judge after removal of the mutawalli was found maintainable. Regarding the question of notice, a Division Bench of the Calcutta High Court was of the following view- "But, however that may be, there is ......ce. Let a copy of this judgment and order be sent to opposite party No. 5, the Administrator of Waqfs for his perusal and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 95...

Category: Trust/Waqf Law | Date: | Hits: 228

Hazrat Ali alias Dulal Vs. State, 2007, 36 CLC (HCD)

.... may consider the legal aspect including question of deduction of the period in custody with the original sentence independently, irrespective of whatever has been earlier decided by another Division Bench in the earlier Jail Appeal No. 605 of 2004. 7. The learned Advocate emphatically sub­mits ......y the appellant in jail custody prior to his conviction be deducted from the sentence of imprisonment. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 496. ..

Category: Criminal Law | Date: | Hits: 43

Jinnat Ali (Md) Vs. Md. Abu Bakkar Siddique and others, 2002, 31 CLC (HCD)

....rtain purchases by simple deeds of sales which were ultimately decided as protectable under section 96(10)(a) of the State Acquisition and Tenancy Act by Ahsanuddin Chowdhury, J constituting a Single Bench of this Court. In the case of Golam Mustafa and others Vs. Kazem Ali Khan @ Kazal Khan and oth......‘1995 in Miscellaneous Appeal No. 88 of 1995 are hereby affirmed. Send down the LCR with a copy of this judgment to the Court concerned. Ed. This Case is also Reported in: 55 DLR (2003) 92. ..

Category: Property Law | Date: | Hits: 37

Hamida Real Estate Construction Ltd. and another Vs. Malika Hasina Jahan (Lili) and others, 2007, 36 CLC (HCD)

....ers filed an application on 7-3-2006 and prayed for staying Hearing of the application for dismissal of the Civil revision till obtaining of the judgment and order dated 8-2-2006 passed by the larger Bench of the High Court Division in Civil Revision No. 1701 of 2005 holding that the Civil Revision ...... 21 of 2006 is set aside and the opposite party No. 1 is at liberty to file revisional application in the relevant court if so desires. Ed. This Case is also Reported in: 59 DLR (2007) 470. ..

Category: Property Law | Date: | Hits: 34

Mark Builders Limited Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)

.......Respondent Judgment June 5, 2007. Cases Referred To- Kinetic Motor Co. Ltd. vs. the Deputy Commissioner of Income Tax, [2003] 262 ITR 330; (Punjab) Ltd. vs CIT, 1937 ITR 277, 279 (Full Bench); Apollo Tyres Ltd. vs. Commissioner of Income Tax, [2003] 255 ITR 273 . Lawyers involved: ......r observations. Let a copy of this order be also sent to the Chairman of the National Board of Revenue for guidance and proper action. Ed. This Case is also Reported in: 59 DLR (2007) 463...

Category: Fiscal/Taxation Law | Date: | Hits: 99

Masudur Rahman Vs. Secretary, Ministry of Law, Justice & parliamentary Affairs & ors., 2003, 32 CLC (HCD)

....ling his appointment as Nikah Registrar and the same is not sustainable in law. In support of his submission, he relies on an unreported decision in Writ Petition No. 1803 of2000 passed by a Division Bench of this Court wherein it has been held that a show cause notice is mandatory before cancellati......ders of stay is recalled and vacated. Send a copy of this judgment to the respondent No. 3 for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 448. ..

Category: Civil Law | Date: | Hits: 77

Bangladesh Film Development Corporation Vs. Chairman, Labour Court & another, 2007, 36 CLC (HCD)

....R 396 and submits that FDC may have its own service Regulations but those cannot be beyond the ambit of the Employment of Labour (Standing Orders) Act. 1965. In the case referred to above, a Division Bench of this Court held as follows: "The FDC may have its own Service Regu­lations but it canno......discharged. The stay order passed at the time of issuance of these Rules is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 379. ..

Category: Labour and Industrial Law | Date: | Hits: 181

Mobarak Hossain alias Jewel Vs. State, 2000, 29 CLC (HCD)

.... would legislate so. But we find in reality that in the case of statement under section 164 of the Code, they deliberately did not do it in the interest of investigation, nay of public policy. A Full Bench decision in the case of Queen Empress vs. Arumugam and others, reported in 20 1LR (Madras) 189......e. We therefore find that the Rule merits no consideration and, as such, it should be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 135. ..

Category: Criminal Law | Date: | Hits: 25

N Mohd Engineering Industries Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)

....pondent. Reference Application No. 52 of 1995. Judgment Syed Amirul Islam J.- This reference arises out of judgment and order dated 29-5-94 passed by the Taxes Appellate Tribunal, Chittagong Bench, Bangladesh in ITA No. 2469 of 1993-94 (Assessment Year 1991-92). 2. The assessee applicant...... as formulated in paragraph No. 7 of the application in the negative and in favour of the assessee. The parties will bear their own costs. Ed. This Case is also Reported in: 54 DLR (2002) 132...

Category: Fiscal/Taxation Law | Date: | Hits: 72

Noor Alam Hossain Vs. State and others, 2006, 35 CLC (HCD)

....90 pursuant to an application filed by the defendants under section 476 of the Code of Criminal Procedure. In the case of Amjad Howlader vs Habibullah Bhuiyan reported in 6 BCR 191 a Division Bench of this court has already held that no quashment can be allowed under section 561A of the Code......e him preferably within three months from the date of receipt of the judgment. Let a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 322. ..

Category: Criminal Law | Date: | Hits: 40

Eskayef Bangladesh Ltd. Vs. Commissioner of Taxes, 2004, 33 CLC (HCD)

....ncome Tax Ordinance, 1984, (hereinafter referred to as the Ordinance 1984) at the instance of the assessee has arisen out of the order dated 6-12-1999 passed by the Taxes Appellate Tribunal, Division Bench No. 3, Dhaka in Income Tax Appeal No. 558 of 1998-99 (assessment year 1993-94), allowing the a......and against the Department but other costs mentioned in the said question are answered in the affirmative. No order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 308. ..

Category: Fiscal/Taxation Law | Date: | Hits: 64

Bangladesh Small and Cottage Industries Corporation Vs. Kazi Nazimuddin and others, 2009, 38 CLC (AD)

....54, 2255, 2256, 2258, 2259, 2260 and 2261 of 1993). Judgment Mohammad Fazlul Karim J.-These appeals by leave are directed against the judgment and order dated the 4-7-2000 passed by a Division Bench of the High Court Division in Writ Petition Nos. 2111, 2149, 2165, 2183, 2249, 2250, 2251, 225......ubstance in the submission of the learned Counsel for the appellant. Accordingly, the appeals are dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 210, 16 MLR (AD) (2011) 447...

Category: Property Law | Date: | Hits: 37

Titas Gas Transmission and Distribution Co. Ltd. Vs. Shams Company and others, 2001, 30 CLC (HCD)

....LR 335. In the case, the appeal presented against an order passed under section 17 of the Arbitration Act was found to be not maintainable and the memorandum of the appeal was converted by a Division Bench of this Division into a revision in the interest of justice, and the same was accordingly disp......unity of hearing to both parties and as soon as within six months, from the date of receipt of the records. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 128...

Category: Property Law | Date: | Hits: 31

Eastern Hardware Store Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)

....g the sales. Being aggrieved by the aforesaid order of the Appellate Additional Commissioner of Taxes the applicant preferred Income Tax Appeal No. 1299 of 1992-93 before the Taxes Appellate Tribunal Bench-1 Dhaka and the Appellate Tribunal after hearing of the parties dismissed the appeal and maint......n favour of the applicant. Accordingly, the questions raised in the reference are answered as above. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 125. ..

Category: Fiscal/Taxation Law | Date: | Hits: 65

Mainuddin Vs. State, 2010, 39 CLC (AD)

....ivision in Criminal Revision No.368 of 2009.) Judgment SK Sinha J. - This petition for leave to appeal is directed against the judgment and order dated 22nd November, 2009 passed by a Division Bench of the High Court Division in Criminal Revision No.368 of 2009 discharging the rule. 2. Th......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: VIII ADC (2011) 259..

Category: Criminal Law | Date: | Hits: 24

Md. Abul Kasem Vs. Government of Bangladesh, 2010, 39 CLC (AD)

....il Revision No.5953 of 2001.) Judgment SK Sinha J.-This petition by one of the plaintiffs, for leave to appeal is directed against the judgment and order dated 27th October, 2009 of a Single Bench of the High Court Division in Civil Revision No.5953 of 2001. 2. The petitioner along with ......ord arrived at a correct decision. We, therefore, find no merit in the contention of the learned Advocate-on-Record. The petition is accordingly dismissed. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 27

M/S. Sagar Swamvar Vs. Bangladesh, 2010, 39 CLC (AD)

....llant sought for review of the judgment and order dated 24th March, 2002 of this Division in Civil Petition No.624 of 2000, which arouse out of judgment and order dated 24th April, 2000 of a Division Bench of the High Court Division in Writ Petition No. 2023 of 1995. 2. Facts relevant for disposa......e disturbed. In view of the above, 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: VII ADC (2010) 957. ..

Category: Property Law | Date: | Hits: 34