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Government of Bangladesh and Others Vs. Md. Mosharraf Hossain, 2011, 40 CLC (AD)
..../বিচার-০২/০০à§-১০৩ dated 25.03.2009 issued to the Ministry of Law, Justice and Parliamentary Affairs. The Ministry of Establishment was not concerned with the legality of the claim of the Bench Readers but merely stated that if they were given the status of a First Class Gaz......, Advocate-on-Record- For the petitioners. Md. Khurshid Alam Khan, Advocate with Ehsan A. Siddiq, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For Rspondent No.1. Civil Petition for Leave to Appeal No.1248 of 2010. Judgment Md. Abdul Wahhab Miah J. - Delay of 154 days in ......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
Azmal Khan Vs. Md. Afzal Khan and others, 2011, 40 CLC (AD)
.... on a plot of land on taking lease which is the subject matter of the suit and the petrol pump was rented to a tenant, and subsequently it has been managed by Meghana Petroleum Co. Ltd. The plaintiff claimed that he had executed a power of attorney authorizing the defendant No.2 to look after his sh......3. Civil Appeal No.91 of 2008 (From the Judgment and Order dated 7-2-2006 passed by the High Court Division in Civil Revision No.3682 of 2003) Judgment Surendra Kumar Sinha J. - In a suit for partition among the co-sharers, the defendant No.2 who is appellant before us filed additional w......statement in Other Class Suit No.84 of 1967, he made the similar statement. In the present written statement the appellant had admitted in paragraph 9 that the disputed property was acquired with the money provided by their mother and that as per desire of their parents, they started the business of..Category: Civil Law | Date: | Hits: 86
Abdus Sattar Bhuiyan Vs. Abdur Razzaque and another, 2011, 40 CLC (HCD)
....fendants from dispossessing the plaintiff from the suit land. After passing the said order, the defendant Abdur Razzaque and another entered into appearance and filed a written objection on 23.9.2008 claiming title and possession over the suit property in favour of Sonargaon Housing Agriculture Fish......t the instance of the substituted plaintiffs is directed against order dated 4.11.2009 passed by the Joint District Judge, fourth Court, Dhaka in Title Suit No.183 of 2006 rejecting an application for temporary injunction filed by the plaintiff under Order XXXIX, rule 1 of the Code of Civil Proce......nected Civil Rule is accordingly disposed of. The trial Court is directed to dispose of the suit as expeditious as possible. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 67
Ramjan Ali Mistry Vs. Md. Hedayelullah, 1978, 7 CLC (AD)
....roperty Act, termiÂnating the tenancy. The defence was the denial of the case of default, and the plea of insufficiency of the notice under section 106 of the Transfer of Property Act was set up. He claimed that the tenancy was for a manufacturing purpose, and so fifteen days notice was insufficien......erein it has been held that the point of default that is to be decided by the Court, is whether the tenant has paid rents allowable under the Act to the full extent at the time of the decree or order for ejectment is made and not an earlier date. Reference is to be made to the cases of Ananda Sundar...... landlord shall not for the purposes of this sub-section be deemÂed to have refused to accept any rent unless the rent is remitted within the period referred to above in this sub secÂtion by postal money order to the adÂdress of the landlord and the rent so remitted is returned to the tenant by t..Category: Property Law | Date: | Hits: 87
M/S Pak Jute Mills Ltd. Vs. Income Tax Officer and another, 1978, 7 CLC (AD)
....ividend of a Company enjoying tax-holiday is exempt from tax there is no reason why the bonus shares also should not be exempted. 6. Mr. C. R. Ali, the learned Counsel appearing for the petitioner claimed that the bonus shares were not subject to any Income-Tax or super tax. He contended that the...... took objection to the tax on the constitutional ground. The objection was raised as to the levy of Cyclone Relief Surcharge under Ordinance I of 1971. The petitioner ultimately filed writ petition before the High Court which dismissed the petition. 4. Two questions were raised before the High Co......ere the rate of surcharge has been detailed. This point also fails. In the result, therefore, the appeal is disÂmissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 178. ..Category: Fiscal/Taxation Law | Date: | Hits: 131
Zaminur Rahman & others Vs. Bangladesh & others, 1978, 7 CLC (AD)
....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.......ngladesh & others……………………Respondents Judgment August 21, 1978. Result: The appeal is disÂmissed. Cases Referred to- Burmah Oil Company Limited Vs. The Trustees for the Port of Chittagong (1962) 14 DLR (SC) 106; PLD 1961 S.C. 452; Matthews Vs. Chicory Markeling......native method of collecÂtion of tax, is in contravention of the MuniÂcipal Ordinance and Article 83 of the ConÂstitution. The learned counsel’s contention is that tax is a compulsory exaction of money by public authority for a public purpose and the collection tax must go to the public fund. Th..Category: Fiscal/Taxation Law | Date: | Hits: 112
Sonali Bank Vs. Mozaffor Hossain, 1997, 26 CLC (HCD)
....efendant took adjournment on the ground of illness and 11-9-1979 was fixed for peremptory hearing. On 11-9-1979, defendant filed an application for adjournment for the purpose of realising plaintiffs claim on amicable settlement. Adjournment was allowed till 2-1-1981. The defendant in that way took ......ed in: 50 DLR (HCD) (1998) 174. ......fficer of the plaintiff-Bank was examined as P.W.1 in support of the plaintiffs case. Documents were marked as Exhibits. 31-7-1983 was fixed for order. On 31-7-1983, the suit was decreed ex parte and money decree for Taka 41,487.20 had been awarded in favour of the plaintiff-Bank. 5. The defendan..Category: Procedural Law | Date: | Hits: 80
Harunar Rashid (Md.) Vs. Subordinate Judge, (Artha Rin Adalat) Bogra and others, 1997, 26 CLC (HCD)
....92 (Annexure to the petition) is hereby declared to have been passed or made without any lawful authority and to be of no legal affect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 170.......assed by the respondent No.1 in Artha Rin Adalat Suit No.248 of 1991 on 16-7-92 should not be declared to have been passed without any lawful authority and to be of no legal effect. 2. Short facts for the disposal of the Rule are that the petitioner was appointed as Steno-Typist (Muslim Commercia...... not maintainable. He further submits that the Artha Rin Adalat has committed no illegality in passing the impugned judgment and decree. He further submits that the petitioner has misappropriated the money and the same is nothing but a debt. Section 2(Kha) of the Artha Rin Adalat Act, 1990 defines â..Category: Civil Law | Date: | Hits: 71
Abdur Rahim Vs. Arifur Rahman and others, 1997, 26 CLC (HCD)
....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................Petitioner Vs. Arifur Rahman and others.......................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 ......cimals of land at a consideration of Taka 55,000.00 and in pursuance of the said agreement the defendant duly executed a bainapatra dated 18-5-80 in his favour on receipt of Taka 50,000.00 as earnest money on the stipulation that they would execute and register a sale deed in respect of the suit pro..Category: Procedural Law | Date: | Hits: 68
Bainchitala Islamia Junior Madrasha Vs. Md. Abdur Rashid & others, 1997, 26 CLC (HCD)
.... 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 Bainchitala Islamia Junior Madrasha, for adding him as appellant in......n 115 of the Code of Civil Procedure and is directed against the order No.15 dated 22-2-95 passed in Miscellaneous Appeal No.54 of 1985 by the learned District Judge, Jhenidah allowing an application for addition of parties. 2. The petitioner as plaintiff instituted Title Suit No.16 of 1081 for d......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)
....e petitioner on the basis of Annexures-B and C are not sustainable in law, they having offended against the principle of natural justice. The petitioner, in our view, is also entitled to the remedies claimed by her on the basis of what is called ex-debito justitiae. 7. The orders contained in Mem......(27)94/52 dated 27-1-96 (Annexure-C) issued by respondent No.4 should not be declared to have been made without lawful authority and are of no legal effect. 2. The case of the petitioner is as set forth below: The petitioner Mrs. Doris Waldman is an American national. She is the President of ......adeshi nationals namely, Mr. Ishrat Ferdousi and Mr. Gazi M Hassain while they were on a visit to USA for opening a buying house in Bangladesh. But for this business the petitioner did not invest any money. In the report submitted by the Special Branch and the NSI it has been further pointed out tha..Category: Criminal Law | Date: | Hits: 87
Shahnewaz Karim (Md.) Vs. State, 2009, 38 CLC (HCD)
....ffence appears to have been committed or which appears to have been used for the commission of the offence. However, the Magistrate has no power to investigate or to decide the ownership of the rival claimants of the property. The only consideration is of possession of the property at the time of co......dgment April 13, 2009. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (V of 1898); section 561A The Magistrate has the power to make order of temporary custody for the protection of the property produced before him regarding which an offence appears to have be......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)
....e in its proper perspective. It is also stoutly asserted on behalf of the bank that the scheme has been duly examined and approved by the Government. The learned Deputy Attorney-General supports that claim. Under such circumstances, this writ petition is misconceived and the Rule is liable to be ......espondent Sonali Bank Limited. 2. It is stated in the petition that the Board of Directors of the Sonali Bank Limited, in its 82nd Board meeting held on 12-5-2009, approved the ear loan facilities for the executives of the bank having the rank of Assistant General Manager (AGM) and upwards. 3.......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...Category: Others | Date: | Hits: 134
Islam Enterprise Vs. Commission of Taxes Zone-3, 2007, 36 CLC (HCD)
....f Islam Enterprise and Islam Builders, were presented in similar facts and circumstances. 2. In Reference No.211 of 2002, the applicant submitted income tax return for the assessment year 1996-97 claiming a loss of Taka 1,03,600. Then, he submitted a revised return claiming a loss of Taka 47,12,......pplicants, who are proprietors of Islam Enterprise and Islam Builders, were presented in similar facts and circumstances. 2. In Reference No.211 of 2002, the applicant submitted income tax return for the assessment year 1996-97 claiming a loss of Taka 1,03,600. Then, he submitted a revised retur......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
Abul Kashem Vs. AKM Golam Mostafa and others, 2009, 38 CLC (HCD)
....isen out of a common Judgment, have been heard together and are being disposed of by this Judgment. 2. Short facts leading to these Rules are that on 1-4-1999 opposite party Nos.5-6 as pre-emptors claiming as holding lands contiguous to the land transferred instituted Miscellaneous Case No.17 of ...... Abdur Rahman Vs. Shamsunnahar Begum, 7 BLT (AD) 125; Md. Ismail Vs. Province of East Pakistan through the Chief Secretary, Government of East Pakistan, 16 DLR (AD) 438; Hajarilal Mondal Vs. Md. Mozaffor Bepari, 8 BLC (AD) 77. Lawyers Involved: Abdul Wadud Bhuiyan with Faroque Ahmed and Abdus......lding lands contiguous to the land transferred who came to know about such transfer in the last part of Falgoon, 1405 BS. Thereafter they instituted Miscellaneous case by depositing the consideration money for Taka one lac along with statutory compensation at the rate of Taka 10% thereupon for pre-e..Category: Administrative Law | Date: | Hits: 230
Category: Employment/Service Law | Date: | Hits: 147
Category: Civil Law | Date: | Hits: 70
Azad Hossain (Md) Vs. State, 2003, 32 CLC (HCD)
....r custody to suffer the sentence passed on 17‑6‑2001 by the Special Tribunal No. 5, Dinajpur, in Special Tribunal Case No. 41 of 1996 shall not be declared to be illegal and unauthorised since he claimed not to be the convict, Md. Abul Kalam Azad, son of Md. Nurul Islam, proprietor of "Azad Bast......the convict, Md. Abul Kalam Azad, son of Md. Nurul Islam, proprietor of "Azad Bastraloy", who was convicted in absentia under section 25B(2) of the Special Powers Act, 1974 and sentenced to suffer RI for 3 (three) years and also to pay a fine of Taka 10,000 in default to suffer RI for 1 (one) year m......with the Special Tribunal Case No. 41 of 1996 immediately, if not wanted in connection with any other case. Communicate the order at once. Ed. This Case is also Reported in: 56 DLR (2004) 602...Category: Criminal Law | Date: | Hits: 73
Kazi Liakat Ali and others Vs. Chairman, Civil Aviation Authority and another, 2003, 32 CLC (HCD)
....aka, and by the second tender notice, the date for submission of tender was extended from 20‑2‑2002 to 10‑3‑2002. 2. The background of the case, in brief, is as follows: The petitioners claim that they have been working as Cleaners and Cleaning Supervisors under the Authority for vario......mmed Hafizul Islam Vs. Government of Bangladesh, represented by the Secretary Ministry of Local Government, Rural Developments and others, 11 BLT 65; Writ Petition No. 4855 of 2001 and Civil petition for leave to appeal No. 651 of 2002 (Unreported). Lawyers Involved: Rokonuddin Mahmud with Kaz......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)
....mpany. There was no question to know as she had no knowledge whether the company obtained loan from the bank. She did not execute so-called memorandum of deposit of title deeds. Defendant bank had no claim or loan against her. The bank never informed her about why the bank kept her document in its c......cial Court at Dhaka in Title Suit No. 197 of 2001, which decreed the suit. 2. Respondent No.1 as plaintiff on 14‑7‑97 instituted Title Suit No. 208 of 97 against the appellant bank and another for a decree of declaration that the plaintiff owed no amount to said bank on account of any loan an......-Muajjal facility to Coast Marine Lines Ltd. In the sanction letter, the property of the plaintiff was not mentioned to be mortgaged. But before issue of sanction, the bank claims that on 17‑3‑88 money was disbursed. DW 1 testified that after sanction, charge documents including collateral were ..Category: Civil Law | Date: | Hits: 109