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Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 2008, 37 CLC (AD)
....d against it." 51. The author categorically said that Zakat is not a Tax in the following words: "As already mentioned in the foregoing chapter, the scope of Zakat is clearly set forth in the Holy Quran, and therefore, must not be confounded with ......ill dismiss the review petitions. Order of the Court The Review petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 145 ; 29 BLD (AD) 2009, 139. ..Category: Fiscal/Taxation Law | Date: | Hits: 145
Monirul Islam Vs. State and another, 2009, 38 CLC (HCD)
....istrate), Moyeshkhali, Cox's Bazar is quashed. Let a copy of the judgment be sent forthwith. Sheikh Rezowan Ali J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 327. ......s trying to misappropriate Taka 3,77,625/-. The accused petitioner voluntarily surrendered before the court of Upazila Magistrate, Cox's Bazar on 20.11.2004. The Magistrate enlarged the petitioner on bail on bond of the learned advocate and fixed the date for framing charge on 23.3.2005. It is at th..Category: Criminal Law | Date: | Hits: 93
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....e power of appointment is with the President meaning the executive, the independence of judiciary would become impaired. The true principle is that after such appointment the executive should have no scope for interference with the work of the Judge or for that matter judiciary. 78. Though the P......d guidelines.” The short order shall form part of the judgment. These petitions are accordingly disposed of. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 79, VII ADC (2010) 721. ..Category: Constitutional Law | Date: | Hits: 251
Special Reference No.1 of 2009, 38 CLC (AD)
....by the President as set out herein-above. While taking part in the deliberation the learned Counsel Mr. T.H. Khan submits that the reference made by the President does not squarely fall within the scope of Article 106 of the Constitution and as such there is no necessity in law to report the opin......e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 289
Bashudev Ghosh & ors Vs. Iswar Sree Sree Bashudev Shalgram Shola Jew Bigrah & ors, 2009, 38 CLC (AD)
....tent which was indirectly refused by the landlord O. P. /respondents through their shebait. Admittedly O.P. duties are the owners of the case premises. I think the House Rent Controller has no scope to reject the petition of the petitioner under Section 19 (1), for depositing rent of the cas...... petitions being Civil Petition for leave to Appeal No. 878 of 2008 and civil petition for leave to Appeal No. 879 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 680. ..Category: Tenancy Law | Date: | Hits: 145
Rajdhani Unnayan Kartipakkya (RAJUK) Vs. Jahan Ara Begum and others, 2008, 37 CLC (AD)
....the writ-petitioners have any fundamental or legal right to allotment of plot as a necessary corollary to requisition of land and as such the direction of the High Court Division is beyond the scope of jurisdiction of the High Court Division under Article 102(2) (a) (i) of the Constitution o......le disposed of with directions therein are, hereby, set aside. Accordingly, the appeals are allowed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 145; VI ADC (2009) 649. ..Category: Property Law | Date: | Hits: 41
Md. Kudrat Ali Vs. Dr. Mahfuzul Haque and another, 2008, 37 CLC (AD)
....e materials on record arrived at a correct decision and there is no illegality or infirmity in the above decision so as to call for any interference and further in review petition there is no scope of rehearing as sought by the petition. The petition is dismissed. Ed. ......further in review petition there is no scope of rehearing as sought by the petition. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 620. ..Category: Criminal Law | Date: | Hits: 44
Md. Nurul Absar Vs. State, 2008, 37 CLC (AD)
....t mean rehearing of the matter afresh, we find no substance in the review petition, Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 617. ......t and then two supplementary Charge sheets were submitted and thereafter the case was sent back to the learned divisional Special Judge, Chittagong. 3. The petitioner being enlarged on bail subsequently absconded and as such the case was tried in his absence. The case being tried by ..Category: Criminal Law | Date: | Hits: 43
City Bank Limited Vs. Judge, Artha Rin Adalat, Barisal and others, 2009, 38 CLC (AD)
....ll get Tk.1,11, 2626/- from the respondent No. 4 and further the respondent No. 2 will get decree only to the extent of claim as they may prove and accordingly in the above suit there is no scope to decide the claim of the petitioner. Being aggrieved the petitioner moved the High Court Di......here is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 563. ..Category: Civil Law | Date: | Hits: 102
Shahadat Hossain Mina and others Vs. Governor, Bangladesh Bank and others, 2008, 37 CLC (AD)
....is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 554, 19 BLT (AD) (2011) 158....... huge amount. The police, after investigation, submitted charge sheet. On coming to know about the aforesaid criminal cases they appeared before the Chief Metropolitan Magistrate, Khulna and obtained bail an had been performing their normal duties in connection with their services in Bangladesh Ba..Category: Criminal Law | Date: | Hits: 78
Bangladesh Krishi Bank Vs. Md. Saidul Haque, 2008, 37 CLC (AD)
....ision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 298. ......31.10.1994 dismissed the respondent from his service and subsequently the respondent filed Criminal Miscellaneous Case No. 3528 of 1996 in which, on 28.7.1996, the High Court Division enlarged him on bail and that the charges against the respondent were about only 5 (five) delivery orders but at the..Category: Administrative Law | Date: | Hits: 189
Commissioner of Customs Vs. Cab Express (BD) Limited and others, 2008, 37 CLC (AD)
....efs and exemption under section 19 of the Customs Act, 1969, on the cars up to 2000 CC imported as 'taxicab'. It may be pointed out here that by the aforesaid SRO the writ-respondent No.4 limited the scope of exemption for the cars up to 2000 CC and there was no mention of any lowest limit of CC of ......mission of the learned Advocate for the petitioners. The petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 294; 64 DLR (AD) (2012) 100; 20 BLT (AD) (2012) 60. ..Category: Fiscal/Taxation Law | Date: | Hits: 72
Khalil Mia and others Vs. State, 2007, 36 CLC (AD)
.... any substance in the submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 539. ...... (Criminal) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Khalil Mia and others…………......Petitioners (On bail) Vs The State…………….........Respondent J..Category: Criminal Law | Date: | Hits: 40
Zainul Abedin Vs. State, 2007, 36 CLC (AD)
.... of the Ain were duly found mentioned and during investigation prima-facie materials in support of said offence duly came forth resulting in submission of charge sheet and as such, there is no scope quashment of proceeding under Section 561A of the Code of Criminal Procedure. 6. ......nd no substances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 536. ..Category: Criminal Law | Date: | Hits: 52
Md. Nasir Uddin Vs. State, 2007, 36 CLC (AD)
....that the submissions of the learned Advocate for the petitioner have got no merit and accordingly the same is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 534. ......nstrument Act, 1881 now pending in the Court of the Metropolitan Magistrate, Dhaka. 3. The accused-petitioner surrendered before the Court of the Metropolitan Magistrate, Dhaka and obtained bail and thereafter moved the High Court Division for quashing the aforesaid proceeding whereupon t..Category: Criminal Law | Date: | Hits: 40
Abdul Aziz and others Vs. State, 2004, 33 CLC (AD)
....n is dismissed and the Criminal Appeal No. 38 of 2003 is allowed in part modifying the conviction and sentence as aforesaid. Ed. This Case is also Reported in: II ADC (2005) 882. ......hermore, it appears that one of the convicted accused appellant No. 9 of one Kamal Hossain alias Kamal whose name was struck out of the leave petition as he was fugitive from justice having went on bail by the High Court Division in Criminal Appeal No. 1928 of 1997 and Jail Appeal No. 2069 of 199..Category: Criminal Law | Date: | Hits: 35
State Vs. Nuru Mira, 1993, 22 CLC (AD)
....espondent accused Nuru Mira is directed to surrender to his bail bond and to serve out the unexposed period of his sentence. Ed. This Case is also Reported in: II ADC (2005) 867. ......n the result, the appeal is allowed. The High Court Division's judgment and order is set aside and that of the trial Court is restored. Respondent accused Nuru Mira is directed to surrender to his bail bond and to serve out the unexposed period of his sentence. Ed. This Case is a..Category: Criminal Law | Date: | Hits: 44
Abdus Sobhan Vs. Faruque Ahmed @ Sunan and others, 2004, 33 CLC (AD)
....d of within five months from date. In the light of the direction made by us to the convict respondents, the appeal is disposed of. Ed. This Case is also Reported in: II ADC (2005) 866. ......l No. 1445 of 1997). Judgment Amirul Kabir Chowdhury J.- The informant appellant Abdus Sobhan has filed this appeal with the leave of the Court against order dated 04.02.1998 granting bail to the accused respondent Nos. 1 and 2 by a Division Bench of the High Court Division in Crimi..Category: Criminal Law | Date: | Hits: 29
Md. Ershad Ali @ Hajee Ershad Ali Vs. Hajee Ashid Ali and others, 1994, 23 CLC (AD)
....injunction. The suit is not in the nature of obtaining for the plaintiff-respondents an additional facility or user on an admitted easement right. The permission given was therefore outside of the scope of the suit itself and it cannot be determined at this stage as to whether the gas connection...... not comprehending the nature and scope of the suit itself. The appeal is allowed but without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 833. ..Category: Procedural Law | Date: | Hits: 64
Star Jute Mills Ltd. Vs. Chairman, Labour Court and others, 2005, 34 CLC (AD)
....e appeal is allowed without any order as to costs and the judgment and order passed in writ Petition No. 2016 of 1993 is set aside. Ed. This Case is also Reported in: II ADC (2005) 825. ......the mills authority suspended him by letter dated 30.1.1992. In the meantime the respondent No. 2 preferred an appeal before the High Court Division against his conviction and sentence and obtained bail. Thereafter, he prayed for joining his duties through letter dated 17.2.1992 but the mills au..Category: Labour and Industrial Law | Date: | Hits: 251
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