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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......ey, it has produced amongst other documents, exhibits-3 and 4 series, the counter foils of tax token and the Stamp sale Register. These documentary evidence proved that the operators were required to note down/record in the concerned Register the amount received after selling stamps from the licence..Category: Criminal Law | Date: | Hits: 85
Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)
.... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ...... on 23-4-1959 but the Additional Collector, Bakergonj by an order dated 12-7-1959 directed to realize rent from Lamio Matbar from those lands in Miscellaneous Case No.192/55-56. It is also curious to note that the Additional Collector also directed not to disturb the possession of the Lamio Matbar i..Category: Property Law | Date: | Hits: 67
.... 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.......ld and that the accused were neither conÂvicted nor punished and, as such, there is no bar to a second trial if charge is framed in accordance with law.
12. In this connection, it is important to note that the High Court Division was misled by the inquiry report of police in which there is a ref..
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......07.2007 (Annexure-‘N1’ to the supplementary affidavit). 17. For the discussions made above, we find no infirmity with the findings given and the observations made by the High Court Division as noted hereinbefore in making the Rule absolute and consequently, we find no merit in the leave petit..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......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......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 ......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
.... 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. ......visions of the Customs Act as being sought by the learned Advocate for the petitioner relying on clause (Kha) of sub-section 1(Ka) of section 42 of the VAT Act. In this regard, it is very striking to note that by Finance Act, 1995 power was given to the appellate authorities to allow the appellant t..
Category: Fiscal/Taxation Law | Date: | Hits: 130
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......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
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. ......, 31.7.1983 was fixed for order. On 31.7.1983, the suit was decreed ex parte with cost and money decree of Taka 41,487.20 had been awarded in favour of the plaintiff-Bank. 18. It is significant to note, that on 31-5-1983 defendant’s prayer for adjournment was rejected and both the plaintiff and..Category: Procedural Law | Date: | Hits: 80
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......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......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......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...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......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......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
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)......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 ......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)
....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. ......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......d against him and he is acquitted thereof. Appellant Hasan Rony be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 56 DLR (2004) 580. ..Category: Criminal Law | Date: | Hits: 128
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