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

.... (2011) HCD 36, 8LG (2011) HCD 1. ...... (2011) HCD 36, 8LG (2011) HCD 1. ......presented by its Executive Director and another………………………........Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Labour and Manpower, Bangladesh Secretariat, Dhaka and others….............Respondents Judgment September 5, 2010. Result: The......hild labour is a phenomenon created by poverty. It is also noteworthy that poverty itself creates a vicious circle where poverty generates more poverty due to lack of education and properly managed resources. A Bangladesh report for the year, 2006 (Review of Child Labour, Education and Poverty Agend..

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

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

....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. ......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. ......Parties Judgment August 10, 2010. Result: The Rule is discharged. The Code of Civil Procedure, 1908 (Act No. 1908); section 115 The concurrent finding of facts arrived at by the Courts below should not be disturbed by the High Court Division in revisional jurisdictio......original kabalas 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 lan..

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)

....citizens. On 08.06.2000 a notification was published by the writ-respondent No.4 under the provision of 5(3) (Kha) of VAT Act. Clarification was given for the purpose of determining the extent of any taxable service.   3. Mr. S. M. Moniruzzarnan, learned Assistant Attorney General, appearing ...... 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. ......oners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 457; 18 BLC (AD) (2013) 52. ......g not to deprive a citizen's life and personal liberty and as such, are void and liable to be declared as unconstitutional. 6. Moreover, the modern Bangladesh being a democratic country though its resources are limited, but it has the good intention to provide minimum health care/medical services f..

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

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

....e 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 amount so ...... 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. ......assed 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. ...... 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

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

....d registered on 22-10-66 and after purchase, predecessor of plain­tiff demarcated the suit land, after mutation, opened a new khatian in his name and paid regularly the rents and land development tax. Salimullah, the purchaser, was killed during liberation war leaving the plaintiff No.1 as widow......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. ...... of 1994 is decreed. Send down the lower Court records at once. Ed. This Case is also Reported 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

M/S. Golden Match Works Limited Vs. Customs, Excise and VAT Appellate Tribunal, 2010, 39 CLC (HCD)

....the Tribunal. 16. We do not find any merit in the Rule which is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 249. ......the Tribunal. 16. We do not find any merit in the Rule which is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 249. ...... in: 30 BLD (HCD) (2010) 249. ......the Tribunal. 16. We do not find any merit in the Rule which is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 249. ..

Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 8

Shabnam Vegetable Oil Industries Limited Vs. Commissioner of Customs (Import) and others, 2010, 39 CLC (HCD)

.... on 04.07.2007, which were allocated numbers as ex-Bond Bills of Entry No.238393, 238396 and 238397 all dated 12.07.2007 for releasing the imported goods by way of assessment of applicable duties and taxes, if any. 9. Even though there was no customs duty levied by the Government on 12.07.2007 as......4.07.2007. The respondents are hereby directed to release the Bank Guarantees in accordance with law if submitted by the petitioner. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 437. ......7. ......4.07.2007. The respondents are hereby directed to release the Bank Guarantees in accordance with law if submitted by the petitioner. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 437. ..

Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 134

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

.... for Leave to Appeal No.1656, 1658-59 of 2008. Anti-Corruption Commission, represented by its Chairman, Dhaka Vs. Shamima Begum. The learned Advocate submits that the writ petitioner is an individual tax payee having his separate Tax Identification Number and the ACC, if they so wish, may serve a no...... 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. ......This Case is also Reported in: 62 DLR (HCD) (2010) 511. ...... explain such 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 wi..

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

Humayun Khan @ Md. Humayun Khan and another Vs. Anti Corruption Commission and Others, 2010, 39 CLC (HCD)

....les is hereby vacated. Bail of the petitioners is cancelled. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 409. ......les is hereby vacated. Bail of the petitioners is cancelled. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 409. ...... When a Form is given for the purpose of conveying the sanction, then there cannot be any question of the sanction being mechanical. It is per se bound to be mechanical and in conformity with the format of Form 3……………………………......les is hereby vacated. Bail of the petitioners is cancelled. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 409. ..

Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 145

Farida Begum Minu and others Vs. Abdul Jabbar being dead his heirs Md. Nurul Amin and others, 2010, 39 CLC (HCD)

....bdul Karim sold their 421/2 decimals of land. The plaintiff No.1 has owned .64 decimals of .land by way of purchase and gift. The plaintiffs mutated their names and paid rent to the Government and tax to the Municipality and they got Gas line, Water line and paid all rent. The plaintiff approved......he 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: 30 BLD (HCD) (2010) 424. ...... being dead his heirs Md. Nurul Amin and others………………………Opposite Party Judgment January 6, 2010. Result: The rule is discharged. In a suit for declaration of title and recovery of possession, the plaintiff must prove his title to and possession and......he 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: 30 BLD (HCD) (2010) 424. ..

Category: Property Law | Date: 6 Jan, 2010 | Hits: 8

Nuvista Pharma Limited Vs. Chairman, National Board of Revenue & ors, 2010, 39 CLC (AD)

....for more than last three years and, as such, they are claiming additional VAT in viola­tion of the provision of section 55 of the aforesaid Act. He then submits that the VAT is chargeable only on taxable supplies as per sections 2, 3 and 6 of the VAT Act and that there must be identified goods ......der. In the premises we do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 302. ......ind any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 302. ......der. In the premises we do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 302. ..

Category: Business or Commercial Law | Date: 4 Jan, 2010 | Hits: 4

Rezaul Kabir (Md.) and another Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....ave been passed without any law­ful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 19   ......ave been passed without any law­ful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 19   ......ners Vs. Bangladesh and others........................Respondents Judgment November 22, 2009. Result: The Rules are made absolute. Prior Show Cause Notice With Adequate Explanation It is fundamental principle of administra­tive law that before any order is......ave been passed without any law­ful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 19   ..

Category: Administrative Law, Employment/Service Law | Date: 22 Nov, 2009 | Hits: 3

Md. Rezaul Kabir Vs. State and another, 2009, 38 CLC (HCD)

....py of this judgment and order be sent to the Special Judge and Sessions Judge, Mymensingh for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 482. ......py of this judgment and order be sent to the Special Judge and Sessions Judge, Mymensingh for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 482. ......) Present: Afzal Hossain Ahmed J Md. Abdus Samad J Md. Rezaul Kabir………………………..Accused-petitioner Vs. The State and another…………………………..Opp......py of this judgment and order be sent to the Special Judge and Sessions Judge, Mymensingh for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 482. ..

Category: Anti-Corruption Laws | Date: 11 Oct, 2009 | Hits: 10

Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)

....007 to 24-2-2007. 6. The appellant received the said notice in jail custody but did not have any access to his records and papers and did not have any opportunity of consultation with his income tax adviser and lawyers for preparing a statement of assets pursuant to the direction made in the sa......ndpur and came to know that the properties are ejmali properties. He admitted that out of 6 FDRs, 2 FDRs were to be matured on 17-4-2007 and the rest on 18-4-2007. He confessed that the tax was to be deducted on 30-6-2007. He confessed that he in the FIR did not specifically state as to the time and......his Case is also Reported in: 15 BLC (HCD) (2010) 107. ......information regarding bank balances in the following head: III. Bank Investments: (i) Amanotpatra (FDRs) worth Taka 90 lakh approximately. The appellant in his Statement of Assets gave sources of income in justification of his assets so that the prosecution can examine as to the verac..

Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286

Chairman, Nawabgonj Pourashava represented by its Chairman Vs. Ms. Moyna Parvin and others, 2009, 38 CLC (AD)

....igh Court Division does not suffer from any illegality and we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 275. ......igh Court Division does not suffer from any illegality and we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 275. ......t suffer from any illegality and we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 275. ......igh Court Division does not suffer from any illegality and we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 275. ..

Category: Others | Date: 13 Apr, 2009 | Hits: 125

Jaharlal Bandapadhya and others vs. Most. Begum Jahanara, 2009, 38 CLC (AD)

....ourt Division. In such view of the matter we find not substance in this appeal. The appeal is dis­missed without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 155. ......ourt Division. In such view of the matter we find not substance in this appeal. The appeal is dis­missed without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 155. ......h view of the matter we find not substance in this appeal. The appeal is dis­missed without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 155. ......ourt Division. In such view of the matter we find not substance in this appeal. The appeal is dis­missed without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 155. ..

Category: Property Law | Date: 13 Apr, 2009 | Hits: 74

MM Ali Ispahani Vs. MM Ispahani Ltd., 2008, 37 CLC (HCD)

.... Trust is being handed back to the learned Advocate for the Respondent Nos. 1 to 6 today. There is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 206. ...... Trust is being handed back to the learned Advocate for the Respondent Nos. 1 to 6 today. There is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 206. ......o order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 206. ...... Trust is being handed back to the learned Advocate for the Respondent Nos. 1 to 6 today. There is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 206. ..

Category: Company Law | Date: 4 Dec, 2008 | Hits: 505

Habibur Rahman Molla Vs. State, 2008, 37 CLC (HCD)

....acated. Let a copy of this judgment and order along with the LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 1, 29 BLD (HCD) (2009) 227. ......acated. Let a copy of this judgment and order along with the LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 1, 29 BLD (HCD) (2009) 227. ......py of this judgment and order along with the LCR be sent to the concerned Court at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 1, 29 BLD (HCD) (2009) 227. ...... a notice under Memo No. Dudak 103-2007/(Anu-2)/3152 dated 29-5-2007 submitted a statement of his assets through his Attorney Md. Zillur Rahman which was allegedly found disproportionate to his known source of income and thereby he is alleged to have committed the offence punishable under section 26..

Category: Anti-Corruption Laws | Date: 20 Nov, 2008 | Hits: 157

Bangladesh Jatiyo Mahila Ainjibi Samity (BJMAS) Vs. Ministry of Home Affairs and Others, 2008, 37 CLC (HCD)

....or DNA test. The Nari-O-Shishu Nirjatan Case pending in the Court below shall proceed as usual.  Farid Ahmed J.- I agree.  This Case is also Reported in: 61 DLR (HCD) (2009) 371. ......or DNA test. The Nari-O-Shishu Nirjatan Case pending in the Court below shall proceed as usual.  Farid Ahmed J.- I agree.  This Case is also Reported in: 61 DLR (HCD) (2009) 371. ......LR (HCD) (2009) 371. ......e likely to be biological siblings of each other or not.  RESULTS OF DNA ANALYSIS  We have undertaken sibling test using DNA profiling method on samples presented to use as those from source of exhibit A (blood sample of Zannatul Marium Nafiza), source of exhibit B (blood sample of Z..

Category: Women and Children | Date: 14 Aug, 2008 | Hits: 201

Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)

....Ordinance. There are further limitations, express and inherent, in the Ordinance namely (1) it cannot amend the Constitution, (2) cannot amend the constitutional convention and (3) cannot make law on taxation and (4) alter or amend Acts of Parliament. 59. Under Article 93 the life of an Ordina...... can be made which could not lawfully be made under this Constitution by Act of Parliament and which could alter or repeal any provision of this Constitution. 187. So a logical inference can be deducted that an Ordinance can be made which parliament can lawfully make under its plenary legislat...... 7, 2008. Result: The Rule is made absolute in part. Cases Referred to- Secretary, Ministry of Finance vs. Masdar Hossain 52 DLR (AD) 82; Ahsanullah vs. Bangladesh 44 DLR 179; Venkata Reddy vs. Andhra Pradesh: AIR 1985 SC 724; Nagraj vs. Andhra Pradesh: AIR 1985 SC 551 A K Roy vs......e involves substantial questions of law as to the interpretation of the Constitution, which may be decided by the Appellate Division. Ed. This Case is also Reported in: 60 DLR (2008) 714. ..

Category: Constitutional Law | Date: 7 Aug, 2008 | Hits: 236