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Ahmed Lal Mia Vs. State and another, 2013, 42 CLC (AD)
....y of the order dated 29-11-2011 passed by the learned Metropolitan Sessions Judge, Chittagong framing charge against the accused under section 138 of the Act, 1881. We consider it better to quote the relevant portion of the order passed by the High Court Division in that respect, 'During the cou......ove, no interference is called for with the impugned judgment and order. The leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 204. ......ain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Mian J Hasan Foez Siddique J AHM Shamsuddin Chowdhury J Ahmed Lal Mia............................Petitioner Vs. State and another ………………………..Respondents ......ove, no interference is called for with the impugned judgment and order. The leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 204. ..Category: Criminal Law | Date: 3 Oct, 2013 | Hits: 5
AA Engineering Limited Vs. University of Khulna, 2013, 42 CLC (AD)
.... respondent objected to the addition of VAT in his bill on the ground that section 3(3) of the Act fixed the liability on the VAT authority. Having regard to the nature of the tax and considering the relevant provision of the VAT Act, the High Court Division held as under: "We find that......thout deducting therefrom any amount on account of VAT. Khulna University is under the obligation to pay VAT in the instant case. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 19. ......Md. Anwarul Haque J AA Engineering Limited……………………........Appellant Vs. University of Khulna, represented by its Vice-Chancellor and others……….Respondents Judgment October 3, 2013. Result: ......ated in the tender floated by the respondent, Khulna University on 1-3-1992. On 10-4-1992, the University issued work order. The appellant completed the work as per terms and conditions of the tender documents and after receipt of bills applied to the University on 28-7-1997 and 31-7-1997 for refund..Category: Fiscal/Taxation Law | Date: 3 Oct, 2013 | Hits: 28
Satsang Bangladesh, D. Pakutia Vs. People’s Republic of Bangladesh and others, 2013, 42 CLC (HCD)
.... Pabna. Pursuant to that the plaintiff established the Satsongo Ashrom at Pakutia, Tangail in the name and style "Satsang Bangladesh, D Pakutia, Ghatail, Tangail". 11. Scrutinizing the relevant papers it is obvious to note that after the inception of Bangladesh in the year of 197...... 9. Heard the learned Advocates of both sides, perused the impugned judgment and order of the appellate Court below and the order of the trial Court passed on 28-1-2008 including all other connected papers. 10. On perusal of the papers along with the certified copies of the original plaint, te......Civil Revisional Jurisdiction) Present: Soumendra Sarker J Satsang Bangladesh, D. Pakutia.............Plaintiff-Appellant-Petitioner Vs. People’s Republic of Bangladesh and others.......Defendant-Respondent- Opposite Parties Judgment September 26, 2013. ......including all other connected papers. 10. On perusal of the papers along with the certified copies of the original plaint, temporary-injunction application, written objection & relevant documents, it transpires that the present-petitioner being plaintiff, instituted the original s..Category: Civil Law, Procedural Law | Date: 26 Sep, 2013 | Hits: 3
Bakhrabad Gas System Limited Vs. Al Masud-ar-Noor and others, 2013, 42 CLC (AD)
.... The appointing authority has every right to amend/alter the service rules to suit the need of the time but not to the detriment or disadvantage to the rights or privileges that existed at the relevant time when an employee of such appointing authority entered into its service. The appoi......appointed after the coming into effect or force of the same. With the above observations, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 187. ......l Hossain CJ Surendra Kumar Sinha J Md. Abdul WahhabMiahJ Hasan Foez Siddique J Bakhrabad Gas System Limited..............................Petitioner Vs. Al Masud-ar-Noor and others.................................Respondents Judgment September 26, 2013. R......appointed after the coming into effect or force of the same. With the above observations, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 187. ..Category: Employment/Service Law | Date: 26 Sep, 2013 | Hits: 12
....t be rejected for want of cancellation of registration under rule 34Ka(4) of the VAT Rules, 1991. The High Court Division was also of the view, that rule 34Ka (4) of the VAT Rules "appears to be relevant to a case where refund was sought for under section 67 of the VAT Act.”
13. We h......no reason and logic, he could just sit over the matter.
With the above observations, this petition is dismissed.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 143
......Appellate Division
(Civil)
Present:
Md. Muzammel Hossain CJ
Md. Abdul Wahhab Miah J
Syed Mahmud Hossain J
AHM Shamsuddin Chowdhury J
Commissioner of Customs, Excise and VAT………………Petitioner
Vs.
Appollo Steel Mills ......no reason and logic, he could just sit over the matter.
With the above observations, this petition is dismissed.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 143
..
Category: Fiscal/Taxation Law | Date: 24 Sep, 2013 | Hits: 9
State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)
.... 5. The facts of the case have been narrated in the judgment of my learned brother Mohammad Anwarul Haque, J. and I do not propose to repeat those. However, I shall reproduce facts of the case relevant for the purpose of my opinion. 6. Accused Mostafizur Rahman and Aleya Begum were charg......and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority decisions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ...... Siddique J State……………………………………………Appellant Vs. Mostafizur Rahman and another...........Respondents Judgment September 18, 2013 Result: The appeal......and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority decisions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ..Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7
ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)
....1 DLR. 18. Mr. Harunur Rashid also contends that it is manifestly clear from the evidence and materials on record that the appellant being the Ambassador of Bangladesh to the UAE during the relevant period made a show of appointment of Jewel Miah and Selim Parvez as gardeners at his reside......-2-2008 at about 10:30 AM, the Deputy Director of the ACC Abdullah-al-Zahid came to his office to inquire into the allegations levelled against the Ambassador ATM Nazimullah Chowdhury and wanted some papers and documents from him (P.W. 7) in that regard and as per the requisition of Abdullah-al-Zahi......ppeal is dismissed. Cases Referred to- Abdul Bari Mollah Vs. State, 3 BLC 474; Abul Khair Vs. State, 58 DLR 500; Abul Kalam Azad Vs. State, 48 DLR 294; Moslem Ali Mollah alias Moslem Mollah and others Vs. State, 48 DLR 427 and Mansur Ali Vs. State, 39 DLR 184; Khondker Moshtaque Ahmed Vs. ......about 10:30 AM, the Deputy Director of the ACC Abdullah-al-Zahid came to his office to inquire into the allegations levelled against the Ambassador ATM Nazimullah Chowdhury and wanted some papers and documents from him (P.W. 7) in that regard and as per the requisition of Abdullah-al-Zahid, the file..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
....90(C)(1) of RPO. Therefore, the registration of BJI as a political party by the Election Commission on 4.11.2008, bearing a party registration No. 014 is void ab initio, being ultra vires to the relevant law and the Constitution.
288. In furtherance of that objective they are also active t......of the EC and requested him to take necessary steps to bring the constitution of the BJI in conformity with the relevant laws of the country (annexure-13).
336. Some reports published in the newspapers on 16.02.2010, 24.02.2010 and 27.02.2010, from which it appeared to the EC that one student o......Court
High Court Division
(Special Original Jurisdiction)
Present:
M Moazzam Husain J
Quazi Reza-ul Hoque J
M Enayetur Rahim J
Maulana Syed Rezaul Haque Chadpuri and others .................Petitioners
Vs.
Bangladesh Jamaat-e-Islami and others…&......egistered as a political party and some of the petitioners, individually and collectively and through their respective organizations appeared before the EC and made representations, some with written documents with cogent grounds as to why BJI is ineligible for registration as a political party lega..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
....ntroversial provisions from the party constitution in their next party council. BJI failed to submit amended copy of its constitution as required. In view of the political situation prevailing at the relevant time the Commission, however, granted provisional registration in favour of BJI. Thereafter......নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮)
(..to be continued at CLC ID ( 9365 )
......Court
High Court Division
(Special Original Jurisdiction)
Present:
M Moazzam Husain J
Quazi Reza-ul Hoque J
M Enayetur Rahim J
Maulana Syed Rezaul Haque Chadpuri and others .......Petitioners
Vs.
Bangladesh Jamaat-e-Islami and others……&he......bsp;90B of the RPO. The BJI accordingly made an application to the Commission on 20.10.2008 through its Secretary General for registration. A Scrutiny Committee was formed for examination of the documents submitted by the political parties seeking registration. The Committee after scrutiny of t..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
....the aforesaid assessment years. The DCT after serving statutory notices upon the assessee completed assessments computing total income of the assessee much higher than the income shown by her for the relevant assessment years. Thereupon, the assessee filed Income Tax Appeals No. 320, 321, 322 and 32......t of Bangladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984.
S. H. Md. Nurul Huda Jaigirdar J.- I agree.
Ed.
This Case is also Reported in:
......d, Kakrail, Dhaka………Respondent
Judgment
July 31, 2013
Result:
The question formulated to determination answered in the affirmative in favour of the department and against the assessee-applicant.
Lawyers Involved:
No one appears—For the applica......t of Bangladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984.
S. H. Md. Nurul Huda Jaigirdar J.- I agree.
Ed.
This Case is also Reported in:
..
Category: Fiscal/Taxation Law | Date: 31 Jul, 2013 | Hits: 3
Nur Jahan Akhtar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....the aforesaid assessment years. The DCT after serving statutory notices upon the assessee completed assessments computing total income of the assessee much higher than the income shown by her for the relevant assessment years. Thereupon, the assessee filed Income Tax Appeals No. 320, 321, 322 and 32......ngladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in: ......pplicant (In all the cases) Md. Abu Amjad, DAG with Mahfuja Begum, AAG.—For the respondents (In all the cases) Income Tax Reference Applications No.39 of 2004, 40 of 2004, 41 of 2004 and 42 of 2004. Judgment Zinat Ara J.- These four income tax reference applications under ......ngladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 31 Jul, 2013 | Hits: 2
Syed Raihan Hasan Ali Chowdhury Vs. Syed Hamde Ali Chow¬dhury and others, 2013, 42 CLC (HCD)
.... show cause notice for injunction. 10. Appeal from Original Order No.247 of 20 10 arisen out of an order rejecting the prayer for temporary injunction. Decisions of these two cases are not relevant for the purpose of disposal of the question arose in the case in hand. 11. To dispose ......Civil Rule No.905(f) of 2011 is disposed of. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ...... Jurisdiction) Present: Sharif Uddin Chaklader J ARM Shahidul Huq J Syed Raihan Hasan Ali Chowdhury.................Plaintiff-Appellant Vs. Syed Hamde Ali Chowdhury and others...........Defendant-Respondents Judgment July 29, 2013. Result: ......Civil Rule No.905(f) of 2011 is disposed of. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ..Category: Trust/Waqf Law | Date: 29 Jul, 2013 | Hits: 5
Robi Axiata Ltd Vs. First Labour Court Dhaka and others, 2013, 42 CLC (HCD)
....ested in him, functions mainly of managerial or administrative nature. 9. Section 33 of the Act has as its forerunner section 25 of the Employment of Labour (Standing Orders) Act, 1965. The relevant provisions of section 25 read thus: 25. Grievance Procedure.—(1) Any indi&s......Orders of Stay as initially granted are necessarily recalled and vacated. There are no Orders as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 551 ......nal Jurisdiction) Present: Syed Refaat Ahmed J Mahmudul Hoque J Robi Axiata Ltd………………...Petitioner Vs. First Labour Court Dhaka and others...................Respondents Judgment July 28, 2013. ......espondents given that, and as submitted by Mr. Azim, he was possibly out of employment by the time he filed his section 213 application. That Respondent's case becomes problematic further in that documents appended to Writ Petition No. 8327 of 2012 appear to have been done so mistakenly in ..Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7
....he Rules to demise the fishery concerned to one of the two remaining societies namely (1) Lahlamary Fisheries Co-operative and (2) Ramibari Fisheries Co-operative Society forthwith.
2. The facts relevant for disposal of this petition are that the writ petitioner applied for long term lease unde......atching and selling fish.
9. We have considered the submissions of the learned Counsel for the parties concerned and perused the impugned judgment of the High Court Division and other connected papers on record.
10. We find from the Nitimala 2009 that the lease of fishery und......ad Anwarul Haque J
Hasan Foez Siddique J
Md. Monirul Islam………………………………….Petitioner
Vs.
Bijoy Halder, President Lohalamari Matshajibi Samabaya Samity Ltd. and others......................Respondents
Judgment
July 28, 2013.
Result:
The ......d over possession of the fishery in question and also to refund to the petitioner the proportionate lease money for the unexpired period of the lease.
Ed.
This Case is also Reported in:
..
Category: Civil Law | Date: 28 Jul, 2013 | Hits: 169
Zahir Fakir (Md.) and oth¬ers Vs. Hahma Khatun and others, 2013, 42 CLC (HCD)
....urts records along with a copy of this judgment to the concern Court forthwith for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 240 ......murder of Moulvi Basiruddin as tadbirkar. Plaintiff No.1 being a helpless widow placed reliance and confidence on defendant No.1 and under the dictates of defendant No.1 she put her signature on some papers. Taking advantage of such reliance and confidence, defendant No.1 created some documents......(HCD) (2015) 240 ......ance and confidence on defendant No.1 and under the dictates of defendant No.1 she put her signature on some papers. Taking advantage of such reliance and confidence, defendant No.1 created some documents with the signature of plaintiff No.1. The plaintiffs were taken by surprise when the ..Category: Property Law | Date: 25 Jul, 2013 | Hits: 6
Md. Lokman Hakim and Others Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)
....onal Board of Revenue by this court on 13.1.2013 and a simple annexation of the said judgment with the instant case is suffice for the purpose of disposal of these rules, since the facts, grounds and relevant law are identical and similar. 3. Upon examining all the thirteen writ petitions it appe......o the writ petitioners. In the result, these rules are made absolute. However, there shall be no order as to cost. Mohammad Ullah J. - I agree. This Case is also Reported in: ....... National Board of Revenue, Rajashasha Bhaban, 1,Segunbagicha, Police Station- Ramna, District-Dhaka, represented by its Chairman. 2. The Commissioner of Customs, Customs House, Chittagong, P.S. Bander, Chittagong. 3. The Commissioner of Tax, Taxes Zone-1, Chittagong. 4. The Assistant Comm......o the writ petitioners. In the result, these rules are made absolute. However, there shall be no order as to cost. Mohammad Ullah J. - I agree. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 25 Jul, 2013 | Hits: 121
Younusuzzaman (Badal) Vs. State and another, 2013, 42 CLC (HCD)
....ut of C. R. Case No. 766 of 2008 under Section 138 of the Negotiable Instrument Act, 1881, now pending in the Court of 4th Assistant Sessions Judge, Narayangonj, should not be quashed. 2. Facts, relevant for disposal of the Rule, in brief, are that one Akhil Chardra Basak as complainant filed a...... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ...... (Criminal Appellate Jurisdiction) Present: Borhanuddin J KM Kamrul Kader J Younusuzzaman (Badal).........................Petitioner Vs. The State and another………………..............Opposite parties Judgment July 25, 2013. ...... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 25 Jul, 2013 | Hits: 140
Chow Wen Chang and others Vs. SF Winsome Fashion Ltd. and others, 2013, 42 CLC (HCD)
....w shares the said 10,500 new shares were allotted in the name of the respondent No. 3 on 12-4-2010 in compliance with the provisions of Article 4 of the Articles of Association of the company and the relevant provisions of the Companies Act, 1994 and the return of allotment in Form-XV thereof w......The respondent No.3 is directed to pay cost of Taka 50,000 to petition No.1 and Taka 50,000 to petitioner No. 2 within 30 days. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 584. ......s also Reported in: 65 DLR (HCD) (2013) 584. .......851 dated 17-5-2010 and Sale Deed No.7852 dated 17-5-2010 respectively; That after the incorporation, the respondent No.1company was managed by the respondent No.3 as its Managing Director. All documents and register book were in the possession of the respondent No.3. At the end of 2010, when ..Category: Company Law | Date: 24 Jul, 2013 | Hits: 10
Mati alias Md. Matiar Rahman Vs. State, 2013, 42 CLC (AD)
....304 of the Penal Code, he is hereby sentenced to rigorous imprisonment for ten years. The sentence imposed by the High Court Division is accordingly modified. Ed. This Case is also Reported in: ......n-Record appearing on behalf of the appellant and the learned Deputy Attorney General appearing on behalf of the State and perused the impugned judgment of the High Court Division and other connected papers on record. 7. We note from the leave granting order that the only point raised in this ap......Ali, Advocate-on-Record-For the Appellant. Shohrowardi, Deputy Attorney General, instructed by B. Hossain Advocate-on-Record-For Respondent. Criminal Appeal No.51 of 2003. (From the judgment and order dated 1st July, 2002 passed by the High Court Division in Criminal Appeal No.303 of 1987) ......304 of the Penal Code, he is hereby sentenced to rigorous imprisonment for ten years. The sentence imposed by the High Court Division is accordingly modified. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 23 Jul, 2013 | Hits: 88
Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)
....r sections 302/34 of the Penal Code and sentencing each of them to suffer imprisonment for life and pay fine of Taka 10,000, in default, to suffer rigorous imprisonment for one year more. 2. The relevant facts, for disposal of these appeals, are that these three appellants along with others wer......f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129. ......ellip;…………………………..Respondents Judgment June 20, 2013. Result: All the appeals are allowed. Where a grave and heinous crime has been committed but in absence of any satisfactory proof of the guilt, in this ......f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129. ..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3
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