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State Vs. Md. Abul Hossain and another, 2011, 40 CLC (AD)
....ve misappropriated Tk. 2,12,868.50 and that the amount of misappropriation has been calculated on the basis of the list of accounts, exhibit 4(ka) series. 5. The High Court Division, on the other hand, held that for issuance of tax token no cash money was required to be paid by the licence holde......e property, it does not contemplate the creation of a trust with all the technicalities of the law of trusts. It contemplates the creation of a relationship whereby the owner of the property makes it over to another person to be retained by him until certain contingency arises or to be disposed by h......tence of imprisonment for the period they have already undergone. The appeals are allowed with the modification of the sentence as above. Ed. This Case is also Reported in: 9 LG (AD) (2012) 47. ..Category: Criminal Law | Date: | Hits: 85
Government of the People's Republic of Bangladesh Vs. Nasirur Rahman, 2011, 40 CLC (AD)
....(Angsh-1)206/1(2) dated 02.08.1999 signed by writ-respondent No.4 to have been passed without lawful authority and is of no legal effect and also for direction upon the writ respondent-petitioners to hand over charge of the Project Director of Rural Women Employment Creation Project, under the Minis......) 50, 17 MLR (AD) (2012) 89. ......on of the direction given by the High Court Division in the impugned judgment and order. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 87, 9 LG (AD) (2012) 50, 17 MLR (AD) (2012) 89. ..Category: Employment/Service Law | Date: | Hits: 119
Government of Bangladesh and Others Vs. Md. Mosharraf Hossain, 2011, 40 CLC (AD)
....ntainability and, therefore, leave may be granted to examine the points raised by him. 10. Mr. Md. Khurshid Alam Khan, learned Advocate, entering caveat on behalf of respondent No.1, on the other hand, has supported the impugned judgment and order passed by the High Court Division. 11. From t......ain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Ms. Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh and Others……………..Appellants Vs. Md. Mosharraf Hossain…â€......not find any error in the impugned judgment and order calling for interference by this Court. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 67...Category: Employment/Service Law | Date: | Hits: 127
Government of Bangladesh and Others Vs. Himangshu Ranjan Pal, 2011, 40 CLC (AD)
....ster of teachers and informed that he had verbal instruction for it from the higher authority. 3. He then made written representation to the Thana Education Officer stating all those acts and high-handedness of the Head Master requesting the Thana Education Officer to save him from harassment. Al......el Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh and Others………………………Appellant Vs. Himangshu Ranjan Pa......dgment of the Administrative Appellate Tribunal. In the result, the Civil Petition for Leave to Appeal No.2356 of 2009 is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 64. ..Category: Administrative Law | Date: | Hits: 240
State Vs. Dafader Marfoth Ali Shah and another, 2011, 40 CLC (AD)
....aman Islam, Deputy Attorney General, with Motahar Hossain Saju, Deputy Attorney General, with Mrs. Mahfuza Begum, Assistant Attorney General, with Md. Ekramul Hoque, Assistant Attorney General, with Khandkar Diliruzzaman, Assistant Attorney General, with Mrs. Fazilatunnesa Bappy, Assistant Attorney ......ng with the I.G.(prisons) had gone to meet the Secretary, Ministry of Home Affairs and apprised him about the incident but he also foiled to give any satisfactory solution rather he asked him to hand over the dead bodies to their respective relations after conducting post mortem examinations. 4. ......ons Judge shall take necessary steps to take the accused-respondents into custody. The appellant is directed to file concise statement by 13th February, 2011. Ed. This Case is also Reported in:..Category: Criminal Law | Date: | Hits: 191
Zaminur Rahman & others Vs. Bangladesh & others, 1978, 7 CLC (AD)
....ute that a tax does not aim at conferring any direct benefit upon any partiÂcular individual and there is an element of quid pro quo between the tax payer and the public authority while on the other hand fee or a toll is a charge for a special service renÂdered to some individuals by the agency au......AssessÂment and Collection of Octroi) Rules hereinÂafter called the Rules provides for the manÂner of levying assessment and collection of Octroi and were framed and published in 1961 by the then Government of East Pakistan. 3. The Municipal Committees were authoÂrised to levy and collect Oct......uraged. In the above premises the appeal is disÂmissed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171...Category: Fiscal/Taxation Law | Date: | Hits: 112
Abdur Rahim Vs. Arifur Rahman and others, 1997, 26 CLC (HCD)
.............Opposite Parties Judgment November 27, 1997. Result: No illegality was found in the impugned judgment to call for any interference by this Court. Cases Referred To- Gokal Chand and others Vs. the Firm of Hukam Chand Nathumal, 34 IC page 714; AD Koshol Vs. Balakrishna Erad......the time of execution of the alleged bainapatra was the most competent person to prove the bainapatra but that having not been done, the bainapatra itself became a highly doubtful piece of paper. Moreover, there is no explanation why the stamp paper was purchased 4 years before the alleged bainapatr......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...Category: Procedural Law | Date: | Hits: 68
Mohor Ranjan Pal and others Vs. State, 1997, 26 CLC (HCD)
....e void ab initio and subsequent sanction, even, if, obtained now cannot cure the defect 13. Mrs. Sufia Khatun, the learned Assistant Attorney-General appearing on behalf of the State, on the other hand submits that at the time of commission of the offence admittedly the petitioners were not Gover...... After due investigation a charge-sheet was filed on 30-8-93 against the petitioners of both the Rules and others. Two of the accused-persons namely Md. Khalilur Rahman and Md. Ishaque Mazumder were Government servants at the time of commission of the said offences. And for the prosecution of the sa......time of issuance of the Rules stand vacated. Let a copy of this judgment be sent to the learned Divisional Special Judge, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ..Category: Criminal Law | Date: | Hits: 71
Ihteshamur Rahman Vs. Masuda Khatun and others, 1998, 27 CLC (HCD)
....€¦â€¦Petitioner Vs. Masuda Khatun and others………………………Opposite Parties Judgment January 15, 1998. Result: The Rule is made absolute. Lawyers Involved: Divash Chandra Biswas for SS Halder, Advocates - For the Petitioner. AFM Zubair Hossain, Advocate - For t......tuted a suit in the 3rd Court of the Subordinate Judge, Dhaka being Title Suit No.374 of 1984, which was subsequently re-numbered as Title Suit No.258 of 1992, praying for declaration of title and recovery of the Khas possession in the suit property alleging, inter alia that the suit land along with......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
Bainchitala Islamia Junior Madrasha Vs. Md. Abdur Rashid & others, 1997, 26 CLC (HCD)
....ant No.7 Badaruddin preferred Miscellaneous Appeal No.54 of 1985 before the learned District Judge. During the pendency of the aforesaid Miscellaneous Appeal one Khondoker Moulana Mesbahul Alam Azad Khandeni filed an application under Order 1 rule 10 of the case, claiming himself as Secretary of Bai......henidah in Miscellaneous Appeal No.54 of 1995 is set aside and the application dated 22-2-95 filed by the opposite parties is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 153....... Order 9 rule 13 deceased Badaruddin himself asserted that he was simply entrusted by the Bainchitala Junior Madrasha to manage the property and there is nothing on record to show that, that right of management has devolved upon the opposite parties on the death of said Badaruddin. In this connectio..Category: Property Law | Date: | Hits: 55
Doris Waldman Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....o the goodwill, reputation and image of the petitioner in Bangladesh as well as outside Bangladesh. The impugned orders have been passed without issuing any show cause notice to the petitioner before-hand nor has she been given any opportunity to explain her position and conduct. These, therefore, a......esident of Daddy’s Money of Bangladesh and Managing Director of Daddy’s Money Garments Ltd……………Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of Bangladesh and others………….Respondent Judgment November 14, 1996. Resul......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...Category: Criminal Law | Date: | Hits: 87
Shahnewaz Karim (Md.) Vs. State, 2009, 38 CLC (HCD)
.... cab, the Magistrate instead of entering into investigating the title of the taxi cab claimant, it is his duty to decide expeditiously who is the person prima facie entitled to possession thereof and hand over its possession to him for avoiding great loss that has been sustained when it was kept unu...... the Magistrate instead of entering into investigating the title of the taxi cab claimant, it is his duty to decide expeditiously who is the person prima facie entitled to possession thereof and hand over its possession to him for avoiding great loss that has been sustained when it was kept unused, ......undertaking to produce the same before the Court on and when directed by the same. Copy be sent down at once. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 67; 18 BLT (HCD) (2010) 5. ..Category: Criminal Law | Date: | Hits: 110
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....... Court High Court Division (Special Original Jurisdiction) Present: ABM Khairul Haque J Md. Mamtazuddin Ahlmed J Jamil Akhter Elahi (Md.) ………………petitioner Vs. Government of Bangladesh and others…………….Respondents Judgment June 24, 2009. Resul......Majumder, former Cabinet Secretary as its Chairman. The other members of the Board of Directors are also very senior officials of the Government. 11. The learned advocate further subunits that the management of the business of the bank is vested on its Board of Directors and the members of the Bo..Category: Others | Date: | Hits: 134
Islam Enterprise Vs. Commission of Taxes Zone-3, 2007, 36 CLC (HCD)
.... Vs. Income Tax Officer, Bahawalpur, 18 DLR (SC) 487; MS Inland Navigation Co. Ltd. of Chittagong Vs. Income-Tax Officer, Companies Circle, Chittagong, 19 DLR 871; Commissioner of Income-Tax Vs. Khemchand Ramdas, (1938) 6 ITR 414 PC; Venkatachalam Vs. Bombay Dyeing and Manufacturing co. Ltd., (1958)......tisfied on the basis of proof. Equally, in case of disallowance of any expense, an Income Tax Officer is obliged to give clear reasons for disallowance of each and every item of expenses claimed. Moreover, when a substantial part of the expenses claimed could not be accepted, the income tax Officer ......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
Kazi Liakat Ali and others Vs. Chairman, Civil Aviation Authority and another, 2003, 32 CLC (HCD)
....n BJMC Vs. Nasir Ahmed Chowdhury and others, reported in 7 BLC (AD) 144. 2. Rabia Bashri, Irena and another Vs. Bangladesh Biman Corporation and another, reported in 52 DLR 308. 9. On the other hand, Mr. Abdur Razzak, the learned Counsel for respondent No. 2, concentrated his arguments on the ...... and another Vs. Bangladesh Biman Corporation and another, 52 DLR 308; The North South Property Developments Limited Vs. Ministry of Land, Secretary and another, 52 DLR 7. Mohammed Hafizul Islam Vs. Government of Bangladesh, represented by the Secretary Ministry of Local Government, Rural Developmen......owers of the Authority to the contractors and, as such, is hit by section 8 of the Civil Aviation Authority Ordinance, 1985 (the Ordinance) which requires the Authority to frame schemes in respect of management of estates at the airport, and aerodromes by itself. 7. Thirdly, in the prevailing cir..Category: Employment/Service Law | Date: | Hits: 125
Al Baraka Bank Bangladesh Ltd. Vs. Rina Alam and another, 2004, 33 CLC (HCD)
....tion letter was not complied with. In the legal notice, dated 8‑6‑92 for payment of loan, name of the plaintiff was not there. They did not pray for examination of the signature of Rina Alam by a handwriting expert. No one witnessed said two deeds. Those who prepared the documents did not sign. ......d Title Suit No. 197 of 2001. 3. Plaint case, in short, is that defendant No. 2 Shawkat Ali was proprietor of Gold Star Lines and Trans Bangla Shipping Lines. The plaintiff mortgaged her property covered by said deed as security of the loans advanced to the companies in 1987. On 17‑11‑88 both......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...Category: Civil Law | Date: | Hits: 109
Hasan Rony Vs. State, 2004, 33 CLC (HCD)
....life and for the interest of maintaining the relationship, she was required to rectify herself, at which, she was annoyed. He awoke on sensing a sort of pain when he could see a piece of glass in the hand of victim. He was frightened and tried to flee away when the victim inflicted two injuries on h......awaken them in the morning. PW 8 made futile attempt to awaken them, whereupon PW 7 also tried to awaken them but they did not receive any response from inside. PW 7 thereupon, intimated the incident over telephone to the police and on the basis of such information, he came to the hotel and with pri......ant. The prosecution had relied upon the following circumstances that, the appellant along with his wife boarded into room No. 211 of Hotel Al‑Nurani on 7‑4‑2002 at 7.00 PM intimating the hotel management that they would leave the hotel on the following morning; PWs 1 and 7 tried to awaken the..Category: Criminal Law | Date: | Hits: 128
Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)
....e Court shall proceed to collect the estate of such debtor and distribute it amongst the creditors in accordance with elaborate procedure as prescribed by the Act. 32. In the plaint of the suit at hand, it is clearly averred that the plaintiff has got a matured debt against the defendants of Taka......bib Jamil, 2001 BLD (AD) 63; 7 BLT (AD) 31; 46 DLR (AD) 191; Zahurul Islam Vs. National Bank Ltd; 2002 BLD 320, Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation, 53 DLR (AD) 112; Government of Bangladesh Vs. Member, Administrative Tribunal, 8 MLR (AD) 148, Hasina Textile and Prin......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. ..Category: Others | Date: | Hits: 185
Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)
.... 26-12-1995 and constructed a multistory building thereon. Subsequently, defenÂdant No.1 orally gifted the 5th floor out of the 'Ka' schedule property on 11-3-2005 in presence of three witnesses and handed over possession thereof to the plaintiff. Subsequently, in recognition of the oral gift, defe......1995 and constructed a multistory building thereon. Subsequently, defenÂdant No.1 orally gifted the 5th floor out of the 'Ka' schedule property on 11-3-2005 in presence of three witnesses and handed over possession thereof to the plaintiff. Subsequently, in recognition of the oral gift, defendant N......erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ..Category: Property Law | Date: | Hits: 81
....udgment
April 23, 2009.
Result:
The Rule is discharged.
Cases Referred to-
Md. Salimullah Khan Vs. State, 15 DLR (SC) 150; State of Pakistan Vs. Mehrajuddin, 11 DLR (SC) 260; Subhash Chandra Patiher Dr Vs. Leena Chakroborty, 1995 CrLJ 715 (Cal); Dulal Chandra Bhar Sukumar Banerjee, 1...... violation of the Judgment passed by the High Court Division in Writ Petition Nos.4560, 4702, 4618 and 4628 of 2002.
4. Respondent Nos.1-3 entered appearance by filing affidavit-in-opposition controverting all the Material statements made in the Contempt Petition. However, the ease of respondent ......ration will pay the arrear salary to the employees immediately.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 1.
..
Category: Criminal Law | Date: | Hits: 83
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