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Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....d to take back his original title documents those have been annexed with the writ petition substituting photocopies thereof. Nazmun Ara Sultana J.- I agree. This Case is also Reported in: ......h Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Nasirul Islam, since deceased substituted by his legal heirs Mrs. Mily Khan and others ............Petitioners Vs. Bangladesh and others ……………….........Re......ich he acquired from his father Nurul Islam Khan by way of a registered deed of Heba-bil-Ewaz dated 23.8.2001. After so transfer he mutated the record in his name and has been paying the rents to the revenue office. All on a sudden Bangladesh Shilpa Bank, Pabna branch published an auction notice in ..

Category: Banking Law | Date: 27 Jan, 2011 | Hits: 172

Bangladesh National Women Lawyers Association (BNWLA) Vs. Government of Bangladesh, 2011, 40 CLC (HCD)

....ns to be taken in the light of the directives/guidelines hereinabove. Md. Imman Ali J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 324, 18 BLC (HCD) (2013) 290. ......llip;…………………Petitioner Vs. Government of Bangladesh, represented by the Cabinet Secretary of Cabinet Division, Bangladesh Secretariat, Dhaka and others……………………………&h......riminal law; b) the administration of any Act of Parliament; c) the enforcement of a law imposing a pecuniary penalty; d) the execution of warrant; e) the protection of the public revenue; 3. Every Police Station in Bangladesh will have separate cell or team, designated only..

Category: Women and Children | Date: 26 Jan, 2011 | Hits: 246

Mahbub Ahmed Chowdhury Vs. Chief Election Commissioner and others, 2011, 40 CLC (AD)

....ence or not; (c)  whether he has any past criminal record, and if any, the judgment of the case; (d) description of his profession or business; (e)  probable sources of his income; (f)  a statement of property or rebt of his own or his dependents; (g) what...... (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J Mahbub Ahmed Chowdhury.......................Petitioner Vs. Chief Election Commissioner and others..........Respondents Judgment January 23, 2011. Result: Civil Petit......judgment and order passed by the High Court Division. Accordingly, the Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 283. ..

Category: Constitutional Law | Date: 23 Jan, 2011 | Hits: 11

Bangladesh Shilpa Rin Sangstha (BS-RS) Vs. She Shipping Judgment Lines Limited and others, 2010, 39 CLC (AD)

....rther compensa­tion calculated at the rate of bank interest prevalent at the time of the institution of the suit. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 66.   ......ue CJ Md. Muzammel Hossain J SK Sinha J      Bangladesh Shilpa Rin Sangstha (BS-RS)...............Appellant Vs. She Shipping Judgment Lines Limited and others............Respondents Judgment December 13, 2010.  Result: The ......rther compensa­tion calculated at the rate of bank interest prevalent at the time of the institution of the suit. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 66.   ..

Category: Business or Commercial Law, Labour and Industrial Law | Date: 13 Dec, 2010 | Hits: 10

Gulshan Club Ltd. Vs. Chairman, National Board of Revenue and another, 2010, 39 CLC (HCD)

.... be declared that the petition­er registered under the Companies Act 1913, as a company limited by guarantee without any share capital and being a non-profit making organization is not liable to pay income tax. 2. The background leading to the Rule, in short, is that the petitioner Gulshan Clu......Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Gulshan Club Ltd…………………………Petitioner Vs. Chairman, National Board of Revenue and another…………………………..Respondents Judgment December 13, 2010. Re......is discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 29. ..

Category: Fiscal/Taxation Law | Date: 13 Dec, 2010 | Hits: 48

Thana Nirbahi Officer, Pirgachha, Rangpur and others Vs. Md. Dulal Miah, 2010, 39 CLC (HCD)

.... the revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ......te motion bench immediately. Ed. This Case is also Reported in: ...... the revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ..

Category: Procedural Law | Date: 8 Dec, 2010 | Hits: 180

Hasna Ahmad Vs. State and another, 2010, 39 CLC (HCD)

....ion Act, 1947, now pending before the 3rd Court of the Special Judge, Dhaka are quashed so far as it relates to the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 206. ......Present: Moyeenul Islam Chowdhury J AKM Abdul Hakim J Hasna Ahmad……………………………Petitioner Vs. State and another……………………………O......ion Act, 1947, now pending before the 3rd Court of the Special Judge, Dhaka are quashed so far as it relates to the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 206. ..

Category: Anti-Corruption Laws | Date: 1 Dec, 2010 | Hits: 189

Redwan Ahmed Vs. Bangladesh, 2010, 39 CLC (HCD)

....in the FIR in the said case can only be decided on evidence at the trial observed: "Whether the appellant has dispro­portionate wealth, whether he has con­cealed his known source of income, whether there is mis-joinder of charges and whether the trial of the appellant on facts alle......Result: The Rule is discharged. Cases Referred to- Md. Nazimuddin Chairman Vs. Government of Bangladesh, 61 DLR 2009 81; 21 BLD (AD) 10; ACC Vs. Mohiuddin Khan Alamgir, 62 DLR (AD) 290 and 295; Habibur Rahman Mollah Vs. the State, 62 DLR (AD) 233; and Md. Nazimuddin Chairman Vs. Gover......il already granted to him by this Division. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 70. ..

Category: Anti-Corruption Laws | Date: 25 Oct, 2010 | Hits: 211

Orascom Telecom Bangladesh Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)

....etitioner prefers appeal before the Tribunal, the limitation in preferring the appeal would not operate as a bar in that event. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 319. ......sh Limited, (formerly known as Sheba Telecom (Pvt) Limited)……………Petitioner Vs. National Board of Revenue, represented by its Chairman, Segunbagicha, Dhaka and others..........................Respondents Judgment October 7, 2010. Result: ......as been paying all kinds of VAT including SIM Tax on monthly basis under NBR Notification No.2(1) Mobile/Mushak-Basto:Sheba & Aab:/99/1237 dated 11.11.2002. They collect all information regarding revenue from their offices situated in various parts of Bangladesh, prepare a monthly summary and pa..

Category: Fiscal/Taxation Law | Date: 7 Oct, 2010 | Hits: 174

Ain O Salish Kendra Vs. Bangladesh, 2010, 39 CLC (HCD)

....es, welding, hand looms, carpet industry, balloon making, fishing industry etc. He submits that in all these cases the children are engaged in work detrimental to their health only for the additional income needed by the family for their survival. 6. Respondent No.2, the Chief Inspector of Factor...... ...... (2011) HCD 36, 8LG (2011) HCD 1. ..

Category: Women and Children | Date: 5 Sep, 2010 | Hits: 261

Abdur Rashid Gazi Vs. Nur Ali Gazi and others, 2010, 39 CLC (HCD)

....abalas were in the custody of the plaintiff but destroyed by white ants as such the certified copy of the documents was submitted. It was further contended that the defendant No.1 had no source of income. Plaintiff has mutated his name in the S.A. Khatian and had been possessing the land for mor...... ......he time of issuance of the Rule is hereby recalled and vacated. Send down the lower Courts' records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 315. ..

Category: Procedural Law | Date: 10 Aug, 2010 | Hits: 4

Chairman, National Board of Revenue (NBR) Vs. Advocate Zulhas Uddin Ahmed and others, 2010, 39 CLC (AD)

.... of the learned Assistant Attorney General appearing for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 457; 18 BLC (AD) (2013) 52. ......ur Rahman J Md. Muzammel Hossain J Surendra Kumar Sinha J The Chairman, National Board of Revenue (NBR), Shegunbagicha, Dhaka, Bangladesh............…Petitioner Vs. Advocate Zulhas Uddin Ahmed and others.............Respondents Judgment July 8, 2010. Result: The petition is dismissed. L...... of the learned Assistant Attorney General appearing for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 457; 18 BLC (AD) (2013) 52. ..

Category: Health Law | Date: 8 Jul, 2010 | Hits: 376

Commissioner of Customs and others Vs. M/S. Sunlit Fashion Limited, 2010, 39 CLC (AD)

....lute the Rule obtained challenging the Memo dated 23.7.2001 issued by the appellant No.1 demanding Tk. 6,22,94,519.22 which included Tk. 2,61,04,281.00, the amount evaded against customs duties, VAT, income tax and other dues and also Tk. 3,97,85,650.64, the amount of penalty which is double the amo......) 54, VIII ADC (2011) 29. ...... order dated 2.11,2002 passed by the High Court Division is set aside. The appeal is allowed without any order as to cost. This Case is also Reported in: 16 MLR (AD) (2011) 54, VIII ADC (2011) 29. ..

Category: Fiscal/Taxation Law | Date: 19 May, 2010 | Hits: 63

Aftab Automobiles Ltd Vs. Superintendent Customs, Excise & VA, 2010, 39 CLC (HCD)

.... 33. The order of stay granted earlier by the court stands vacated. Communicate the judgment to the respondents at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 138. ...... Jurisdiction of Concerned VAT officer In case a petitioner takes excess rebate of VAT, the concerned VAT officer under section 9 (2) of the VAT Act has lawful Jurisdiction to cancel the rebate and adjust it on the current account register of the petitioner by necessary order. ......................ated 8-9-2008 issued under the signature of respondent No.1, Superintendent, Customs, Excise and VAT, Tejgaon Circle, Banani, Dhaka asking the petitioner to adjust Taka 42,11,049 as unpaid Government revenue (VAT) in current account register through treasury challan (Annexure-A to the Writ Petition)..

Category: Fiscal/Taxation Law | Date: 10 May, 2010 | Hits: 6

Bangladesh Vs. Raj Rajashore Cakra Narayan Jiue Deity and others, 2010, 39 CLC (HCD)

....er Class Suit No.398 of 1981 is hereby affirmed. Send down the lower Court records at once. Shahidul Islam J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 340. ......J Bangladesh, repre­sented by the Deputy Commissioner, Sirajgonj……………………Appellant Vs. Raj Rajashore Cakra Narayan Jiue Deity and others………………………Respondents J......er Class Suit No.398 of 1981 is hereby affirmed. Send down the lower Court records at once. Shahidul Islam J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 340. ..

Category: Evidence Law | Date: 10 May, 2010 | Hits: 161

Amina Khatun and others Vs. State and others, 2010, 39 CLC (HCD)

....n Title Suit No.351 of 1994 is set-aside. Title Suit No.351 of 1994 is decreed. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 106. ......ted in: 18 BLC (HCD) (2013) 106. ......n Title Suit No.351 of 1994 is set-aside. Title Suit No.351 of 1994 is decreed. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 106. ..

Category: Property Law | Date: 26 Apr, 2010 | Hits: 9

Kazi Md. Abdul Basit Vs. State, 2010, 39 CLC (HCD)

....r arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 219. ...... GA. Monterio 1957AIR (SC) 13 (1889) ILR 26 Cal 158 (DB) AIR 1973 SC 33; P.P. Unnikrishnan Vs. Puthyottil Ahkulty AIR 2000 SC 2952; S. Kuppuswami Rao Vs. The King, AIR 1949 FC1; Swesh Kumar Bhikamchand Jain Vs. Pandey Ajay Bhushan, AIR 1998 SC 1524; P.K Pradhan Vs. State, AIR 2001 SC 2547; Abdul A......inth of Section 21 of the Penal Code i.e. every officer of the Government whose duty it is as such officer, to take, receive, keep or expend any property on behalf of the Government or to execute any revenue process or to investigate or to report on any matter affecting pecuniary interests of the Go..

Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119

Md. Osman Gani alias Faruq Mia Vs. Deputy Commissioner and others, 2010, 39 CLC (HCD)

..... Office is directed to communicate the order at once. Syed Md. Ziaul Karim J.- I Agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 179; 18 BLT (HCD) (2010) 311 . ...... Supreme Court High Court Division (Civil) Present: Syed Md. Ziaul Karim J Md. Osman Gani alias Faruq Mia……………………Petitioner Vs. Deputy Commissioner and others……………………….Opposite parties Judgment April 6, 2010. Result....... Office is directed to communicate the order at once. Syed Md. Ziaul Karim J.- I Agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 179; 18 BLT (HCD) (2010) 311 . ..

Category: Procedural Law | Date: 6 Apr, 2010 | Hits: 111

Safiat Sobhan Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)

....uch acquisition. He submits that the Appellate Division held that no citizen could be arraigned for such a severe offence in the absence of service of any notice or order for explaining the source of income and that offence of abetment under section 109 equally could not be conceived of with regard ......al Jurisdiction) Present: Md. Imman Ali J Md. Abu Tariq J Safiat Sobhan………………….Petitioner Vs. Anti-Corruption Commission and others………Respondent Judgment March 22, 2010. Result: Th...... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this Judgment be communicated at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 511. ..

Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 189

Mosammat Rehana Akhter Vs. Rizia Begum and others, 2010, 39 CLC (HCD)

....L.C. Records. The order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 422. ......LD (HCD) (2011) 422. ......L.C. Records. The order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 422. ..

Category: Property Law | Date: 13 Jan, 2010 | Hits: 56