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ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)
.... Muhammad Sadiq Javeed Vs. State 21 DLR (WP) 62. Lawyers Involved: Abdur Rezzaque Khan with Fida M Kamal and Md. Tauflq Sajawar, Advocates—For the Appellant. Md. Khurshedul Alam, Deputy Attorney-General with, Md. Abdul Bari, Assistant Attorney-General and Mahmuda Parveen, AAG&md......eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500. ......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. ......Javeed Vs. State 21 DLR (WP) 62. Lawyers Involved: Abdur Rezzaque Khan with Fida M Kamal and Md. Tauflq Sajawar, Advocates—For the Appellant. Md. Khurshedul Alam, Deputy Attorney-General with, Md. Abdul Bari, Assistant Attorney-General and Mahmuda Parveen, AAG—For the Stat..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
....hereby declared to have been given without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 14.
......hereby declared to have been given without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 14.
......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…&......under.
286. The facts necessary for disposal of the Rule, as has been stated by the petitioners, in brief, is that the Election Commission (hereinafter referred to as the EC) with a view to hold General Election for constitution of the 9th Parliament and also to bring the political parties of B..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
....n AIR 1980 (SC) 881.
59. None of the cases is found to be exactly on point except Kunda S. Kadam. In Kunda S. Kadam an in-service employee of Bombay Municipal Corporation applied for the post of Deputy Municipal Commissioner of the same Corporation with the recommendation of the Public Service ......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......to be registered with the Commission subject to conditions laid down in Article 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..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
....ax Identification Number 071-100-2758 of the Companies Circle-8, Dhaka. The assessee submitted her income tax returns for the assessment years 1996-1997, 1997-1998, 1998-1999 and 1999-2000 before the Deputy Commissioner of Taxes, Companies Circle-8, Taxes Zone-3, Dhaka (briefly stated as the DCT) sh......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......reference applications were filed in the year 2004 i.e. very old pending matters, we are inclined to dispose of the reference applications on merit.
8. Md. Abu Amjad, the learned Deputy Attorney General assisted by Ms. Mahfuja Begum, the learned Assistant Attorney General takes us through the r..
Category: Fiscal/Taxation Law | Date: 31 Jul, 2013 | Hits: 3
Nur Jahan Akhtar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....ax Identification Number 071-100-2758 of the Companies Circle-8, Dhaka. The assessee submitted her income tax returns for the assessment years 1996-1997, 1997-1998, 1998-1999 and 1999-2000 before the Deputy Commissioner of Taxes, Companies Circle-8, Taxes Zone-3, Dhaka (briefly stated as the DCT) sh......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 ......rence applications were filed in the year 2004 i.e. very old pending matters, we are inclined to dispose of the reference applications on merit. 8. Mr. Md. Abu Amjad, the learned Deputy Attorney General assisted by Ms. Mahfuja Begum, the learned Assistant Attorney General takes us through the r..Category: Fiscal/Taxation Law | Date: 31 Jul, 2013 | Hits: 2
Robi Axiata Ltd Vs. First Labour Court Dhaka and others, 2013, 42 CLC (HCD)
....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 ......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. ......ka and others...................Respondents Judgment July 28, 2013. Result: All the Petitions the Rules Nisi are discharged. Cases Referred to- General Manager, Hotel Inter Continental Dacca 2nd Labour Court, 28 DLR 160; Railway Men's Store..Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7
....nt Scheme for the “Shukro Bari Damus Dighar Fishery” situated within Upazilla-Shibigonj, District-Chapai Nababgonj. His application was filed before the Ministry, which called for report from the Deputy Commissioner, Chapai Nababgonj who then forwarded the application to the Upazilla Jolmohal Ma......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:
......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
Md. Lokman Hakim and Others Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)
....lute. Cases Referred to- Writ Petition No. 9729 of 2012; Writ Petition No.9729 of 2012. Lawyers Involved Meah Mohd. Kawsar Alam, Advocate-For the writ-petitioners. S. Rashed Jahangir, Deputy Attorney General with Ms. Nurun Nahar, Assistant Attorney General with Saikat Basu, Assistant......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......eferred to- Writ Petition No. 9729 of 2012; Writ Petition No.9729 of 2012. Lawyers Involved Meah Mohd. Kawsar Alam, Advocate-For the writ-petitioners. S. Rashed Jahangir, Deputy Attorney General with Ms. Nurun Nahar, Assistant Attorney General with Saikat Basu, Assistant Attorney Genera..Category: Fiscal/Taxation Law | Date: 25 Jul, 2013 | Hits: 121
Chow Wen Chang and others Vs. SF Winsome Fashion Ltd. and others, 2013, 42 CLC (HCD)
....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. ......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. ......location of shares to the respondent Nos. 3 to 5 as well as appointment of the respondent Nos. 4 and 5 as directors, without issuing any notice, without Board Meeting, without any Extra-ordinary General Meeting (EGM) or consent of the petitioners, is a violation of section 455 of the Compa..Category: Company Law | Date: 24 Jul, 2013 | Hits: 10
Mati alias Md. Matiar Rahman Vs. State, 2013, 42 CLC (AD)
............................Respondent Judgment July 23, 2013. Result: The appeal is allowed. Lawyers Involved: Muhammad Nawab Ali, Advocate-on-Record-For the Appellant. Shohrowardi, Deputy Attorney General, instructed by B. Hossain Advocate-on-Record-For Respondent. Criminal App......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: ......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) ..............Respondent Judgment July 23, 2013. Result: The appeal is allowed. Lawyers Involved: Muhammad Nawab 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 200..Category: Criminal Law | Date: 23 Jul, 2013 | Hits: 88
....after referred to as the 2005 Rules). Thereafter their jobs were made permanent from 1-6-2009 by an order vide Memo No. Shapakom/Proba-1/stayee/Rajeswa-01/2009/205/1(24) dated 7-10-2009 issued by the Deputy Secretary, Ministry of Health and Family Welfare.
4. Thereafter the petitioners prayed f......e benefits to the petitioners counting their service period in the development project.
There will be no order as to costs.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 157
......in: 67 DLR (HCD) (2015) 157
......by order of the Ministry of Health and Family Welfare vide its Memo No. Proba-1/Rajaswa-3/2006/484 dated 11-6-2006. Thereafter their posts were regularized temporarily by office order of the Director General, Directorate of Health Services, Department of Health, Mohakhali, Dhaka vide Memo No.Sha: Ad..
Category: Administrative Law, Employment/Service Law | Date: 8 Jul, 2013 | Hits: 3
Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)
....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. ......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 ......ost on similar standings, got order of acquittal, the order of conviction of the appellants is not sustainable in the eye of law. 10. Mr. Momtaz Uddin Fakir, the learned Additional Attorney-General appearing on behalf of the respondent, submits that the evidence of the P. Ws.1 and 2 t..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3
Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)
....h the above observations. Let a copy of this judgment be communicated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ......h the above observations. Let a copy of this judgment be communicated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ......nbsp; AHM Shamsuddin Chowdhury J Wadud Mollah (Md.)........................Petitioner Vs. Md. Nayem and Another………………....Respondents Judgment ......h the above observations. Let a copy of this judgment be communicated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ..Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3
Monowara Begum Vs. Government of Bangladesh others, 2013, 42 CLC (HCD)
....s. 3 and 4 in collusion with the staff of the defendant No. 4 managed to have created some papers to show grant of lease in their favour. The defendant No.2 filed an application before the Additional Deputy Commissioner, Jhalakati for releasing the suit land from the VP list. The ADC (Rev) sent the ......granted earlier by this court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 476. ......nt SM Emdadul Hoque J. — On an application of the petitioner Monowara Begum under section 115 (1) of the Code of Civil Procedure, the Rule was issued calling upon the opposite party Nos. 1 and 2 to show cause as to why the impunged judgment and decree dated 24-5-1997, passed by the learne......granted earlier by this court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 476. ..Category: Civil Law, Property Law | Date: 16 Jun, 2013 | Hits: 2
Moulana Development Co. Limited Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)
....p; Judgment June 12, 2013. Result: The rule having merit, is made absolute. Lawyers Involved: Mosharaf Hossain, Advocate-For the writ-petitioner. S. Rashed Jahangir, Deputy Attorney General with Ms. Nurun Nahar, Assistant Attorney General with Saikat Basu, Assistant......t relates to the previous assessment years other than the current assessment years. However, there shall be no order as to costs. Mohammad Ullah J. - I agree. This Case is also Reported in: ......s to show cause as to why the impugned letters being নথি নং ৩০৫-২০০-৪৯৩৯/২০১২-১৩/২০০৮ তারিখ ০৪.৭.২০১২ইং (Annexure-C) and letter being নথি নং- টাস্কফোর্স/ উৎস কর কর্তন/...... Judgment June 12, 2013. Result: The rule having merit, is made absolute. Lawyers Involved: Mosharaf Hossain, Advocate-For the writ-petitioner. S. Rashed Jahangir, Deputy Attorney General with Ms. Nurun Nahar, Assistant Attorney General with Saikat Basu, Assistant Attorney Genera..Category: Fiscal/Taxation Law | Date: 12 Jun, 2013 | Hits: 86
Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)
....t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58. ......t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58. ......l Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J AHM Shamsuddin Chowdhury J Golam Rasul Belal..................................Appellant Vs. Habibullah Shakir and another.............Respondents Judgment June 11, 2013. Result: The appeal i...... of the date of receipt of the notice is not at all material for quashing the proceeding under section 138 of the Negotiable Instrument Act, 1881, keeping in view the provisions of section 27 of General Clauses Act, 1897 which contemplates that the service of a document by post shall be de..Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10
Grameen Telecom Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....3. Result: Income Tax Reference Application is allowed. Lawyers Involved: Sarder Jinnat Ali, Adocate with A.B.M. Fazlur Rashid, Advocate-For the Assessee-applicant. S. Rashed Jahangir, Deputy Attorney General with Ms. Nurun Nahar, Assistant Attorney General with Saikat Basu, Assistant......o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ...... refusing to allow the admission of appeal before the Commissioner of Taxes (Appeal). 2. It has been stated in the instant Income Tax Reference Application that the Assessee-applicant is a company and a regular income tax assessee under the Companies Circle-07, Taxes Zone-03, Dhaka, and holding T...... Income Tax Reference Application is allowed. Lawyers Involved: Sarder Jinnat Ali, Adocate with A.B.M. Fazlur Rashid, Advocate-For the Assessee-applicant. S. Rashed Jahangir, Deputy Attorney General with Ms. Nurun Nahar, Assistant Attorney General with Saikat Basu, Assistant Attorney Genera..Category: Fiscal/Taxation Law | Date: 5 Jun, 2013 | Hits: 86
Nazrul Islam (Md.) & others Vs. Mahfuzur Rahman and others, 2013, 42 CLC (HCD)
....ating his possession thereon. 9. For the arrear of rents, the entire land of Tajru para mouja along with the lands of 9 other moujas were sold in an auction and since there was no purchaser, the Deputy Commissioner Bogra, purchased the said land in the auction. The Deputy Commissioner was induc......order along with the lower Court s record be sent down to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 126. ......diction) Present: ANM Bashir Ullah J Nazrul Islam (Md.) & others……………………Defendant-Petitioners Vs. Mahfuzur Rahman and others.................Plaintiff-Opposite Parties Judgment May 21, 2013. Result: ......order along with the lower Court s record be sent down to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 126. ..Category: Property Law | Date: 21 May, 2013 | Hits: 6
....rief, are:
The leave petitioner as the writ-petitioner filed Writ Petition No.10044 of 2010 before the High Court Division challenging Order No.2 dated 22-12-2010 passed by respondent No.2, Deputy Commissioner, Bogra and Appellate Authority, Pourashava Election-10, Bogra dismissing the app......made on proper appreciation of law and facts do not call for interference.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 19 BLC (AD) (2013) 1.
......in J
Siddiqur Rahman Miah J
AHM Shamsuddin Choudhury J
Taposh Malaker..............Petitioner
Vs.
Government of Bangladesh, Represented by the Secretary, Ministry of LGRD) and others……………………………&h......made on proper appreciation of law and facts do not call for interference.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 19 BLC (AD) (2013) 1.
..
Category: Election Law | Date: 7 May, 2013 | Hits: 6
Hasan Chowdhury (Md.) Vs. Bangladesh Bank and others, 2013, 42 CLC (HCD)
....nd also to communicate the compliance of our direction to the Registrar of the Supreme Court without any fail. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 533. ......nd also to communicate the compliance of our direction to the Registrar of the Supreme Court without any fail. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 533. ......Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. AshrafUl Kamal J Hasan Chowdhury (Md.) ..................Petitioner (In both the petitions) Vs. Bangladesh Bank and others..................Respondents (In both the petitions) Judgment May 22, 2013. ......the petitioner by filing-affidavit-in-reply in paragraph 3 of the same. 5. Mr. Khurshid Alam Khan the learned Advocate appearing for Ms. Nahid Mahtab, the learned counsel for the respondent No.3 General Manager, Foreign Exchange Policy Department (Import Policy Department) Bangladesh Bank on th..Category: Banking Law | Date: 2 May, 2013 | Hits: 3
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