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Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Cor­poration Ltd., 1982, 11 CLC (AD)

....eeds, pawn or pledge (No 6). Bottomry Bond (No.10). Mortgage of a Crop. (No.41), Respondentia Bond (No. 56), or Security Bond (No.57)— (a) When possession of the property or any part of the property comprised in such deed is given by the mortgagor or agreed to be given; ...... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ..

Category: Fiscal/Taxation Law | Date: | Hits: 269

Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)

....le, 1759 Judicial Review of Administrative Action, 4th Edition 584; Groenvelt Vs. Burwell, 1700 1 Ld. Raym 454; R Vs. Herefordshire Magistrate Court ex p Rowlands, 1998 QB 110; R Vs. Wandsworth JJ ex parte Read, 1942 1KB 281; Leech Vs. Deputy Governor of Parkhurst Prison, 1988 AC 533; R Vs. Reading .......08.2005, was totally bereft of jurisdiction in that, (1) no officer (the respondent no 5 in the instant case) can dictate the investigating officer (the respondent no 6 herein) on the progression of investigation process, (2) the Chairman of the Anti Corruption Commission, henceforth, the Commissio..

Category: Criminal Law | Date: | Hits: 133

Bangladesh Steel and Engineering Corporation and another Vs. Md. Masood Reza and others, 1977, 6 CLC (AD)

....of 1976). K. A. Bakr, Attorney-General, with A.W. Bhuiyan, Assistant Attorney-General, instructed by M. R. Khan, Advocate-on-Record-For the Respondent No.4 (In Civil Appeal No. 36 of 1976). Ex-parte-Respondents Nos. 5-8 (In Civil Appeal No. 36 of 1976). K. A. Bakr, Attorney-General, with A......any learned brother Mr. Justice Munim that these appeals should be dismissed. Order of the Court. The appeals are dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 169. ..

Category: Others | Date: | Hits: 154

Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)

....nce of a contract or local law or usage to the contrary, a lease of immovable property for agri­cultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months' notice expiring with the end of a year of the tenanc......uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ..

Category: Property Law | Date: | Hits: 103

Babar Ali Prodhan Vs. Kinu Mia and others, 1979, 8 CLC (AD)

.... instructed by A. Rab-II, Advocate-on-Record - For the Appellant. Mahmudul Islam, Advocate, instructed by Syed Sakhawat Ali, Advocated-on-Record - For the Respondent No.1. Respondents 2-11 - Ex-parte. Civil Appeal No. 103 of 1978. (From the Judgment and Order dated 28.4.77 passed by the......al is allowed without any order as to costs. The judgment of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 323...

Category: Property Law | Date: | Hits: 60

Abul Kashem and another Vs. Begum Khodeja Akhtar & others, 1979, 8 CLC (AD)

....peal may be stated as under: 2. The plaintiff-respondent filed a suit for declaration of his title and recovery of khas possession on eviction of the defendants-app­ellants in the alternative for partition of schedule-2 lands on declaration of their title to 28 acres of land on strength of the r......t and decree under appeal are set aside; and the case is remanded back to the lower appellate Court for disposal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 316...

Category: Property Law | Date: | Hits: 79

Nuvista Pharma Limited Vs. National Board of Reve­nue and others, 2010, 39 CLC (HCD)

....der section 55 of the Value Added Tax in case of any paid VAT by business entity the VAT authority shall have to serve show cause notice upon business entity within three years after the VAT has been partially paid or unpaid but in the instant case respondent is claiming VAT since begin­ning of 200......ustoms, Excise and VAT North Commissionerate House, Dhaka will be at lib­erty to encash the bank guarantee. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 132. ..

Category: Fiscal/Taxation Law | Date: | Hits: 181

Golam Mowla Vs. Abdul Hashem, 2009, 38 CLC (HCD)

....J. - The Rule has been issued at the instant of the heirs of Golam Mowla defendant of the suit on the following terms: "Let the records be called for and a Rule be issued calling upon the opposite party No.1 to show cause as to why the judgment and decree dated 20-11-2002 passed by the Additional......judgment and decree of trial Court are restored and thereby, the suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 85. ..

Category: Property Law | Date: | Hits: 88

Abdur Rahman Vs. Md. Abdul Awal and others, 2009, 38 CLC (HCD)

....iminal Miscellaneous Case No. 560 of 2006. Judgment Md. Delwar Hossain J. - This Rule was issued on an application under section 561A of the Code of Criminal Procedure calling upon the opposite parties to show cause as to why the judgment and order dated 26-10-2005 passed by the learned Additi...... Metropolitan Magistrate, Chittagong hearing the first party, by an order dated 17-5-1997 directed the Bandar Police Station to enquire into the matter and submit its report. Bandar Police concluding investigation submitted its report on 23-5-1997 stating that the allegations made in the petition of..

Category: Criminal Law | Date: | Hits: 122

Commissioner of Income Tax and others Vs. M/S. Allynagar Tea Co. Ltd. and other, 1977, 6 CLC (AD)

....axation of dividends or any tax in the nature of an undistributed profit tax on undistributed profits of the company, whether or not those dividends or undistributed profits represent, in whole or in part, profits or income so derived; Provided that nothing contained in this paragraph shall affe......le Taxation between Pakistan and the United Kingdom. The result is that all these appeals are dis­missed with no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119...

Category: Fiscal/Taxation Law | Date: | Hits: 143

Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)

....off­ences under the Public Safety Ordinance and that there will be no bar to the prosecution of the appellants under the Act as contemplated under section 36 of the Act will have force. The relevant part of section 36 of the Act reads as under: 36. Repeals and Savings.- (1) The Security Act, 195...... question of forum of trial to be held against the appellants. The allegations made against the appellants constitute offences under sections 255, 256, 258 and 259 of the Penal Code. The police after investigation of the case submitted charge sheet on 14-6-1974 under sections 255, 256, and 258 and 2..

Category: Criminal Law | Date: | Hits: 76

Sattyendra Sutradhar Vs. Md. Zillu Miah and others, 2012, 41 CLC (AD)

....scribed in schedule-'Ka' to the application. 4. The pre-emptor's case was that he was a co-sharer by inheritance of the case hold­ing while the purchaser was a stranger to that. That the opposite party No.2 sold the case land to the opposite party No.1 pre-emptee at a consideration of Tk.5,000/-......- is to be deposit­ed within 1 (one) month. The petitioner is permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 386. ..

Category: Property Law | Date: | Hits: 93

Sona Miah and others Vs. Abed Ali and others, 2012, 41 CLC (AD)

....judgment and decree dated 31.10.1996 passed in Title Suit No.19 of 1992 of the Court of Additional Assistant Judge, 1st Court, Gazipur. 2. The respondent Nos.1 to 25 herein, as plaintiffs, filed a partition suit in the 1st Court of Munsif, Gazipur in the year 1976 against the present defendant-pe...... final decree of the partition suit has not been passed. This civil petition for leave to appeal be disposed of with the above observation. Ed. This Case is also Reported in: 9 ADC (2012) 377...

Category: Property Law | Date: | Hits: 84

Bangladesh Sugar and Food Industries Corporation and others Vs. Md. Shamsuddin Sheikh, 2011, 40 CLC (AD)

....n Ali J.- This petition for leave to appeal is directed against the judgment and order dated 20.05.2010 passed by the High Court Division in Writ Petition No. 6790 of 2005 making the Rule absolute in part declaring that the impugned order of termination as con­tained in memo No. AD M/S FC/P-1181/75...... judgment and order dated 20.05.2010 passed by the High Court Division in Writ Petition No.6790 of 2005 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 368...

Category: Employment/Service Law | Date: | Hits: 180

Bangladesh Bank and another Vs. Sukamal Sinha Choudhury and another, 2011, 40 CLC (AD)

....t of General Manager. 3. The writ petitioner's case, as stated in the writ petition, is that the writ petitioner joined in Bangladesh Bank as Statistical Officer on 14.02.1979 in the Specialized Department and subsequently he was transferred to the General Side as Assistant Director. Later he was......ted earlier be extended till disposal of the appeal. This interim order shall not effect in any way retirement benefit of the respon­dent. Ed. This Case is also Reported in: 9 ADC (2012) 218...

Category: Employment/Service Law | Date: | Hits: 211

Nur Mohammad Bhuiyan and others Vs. Aysha Khatoon and others, 2011, 40 CLC (HCD)

.... Gani Biswas and others, 32 DLR (AD) 233; Abu Bakar Vs. Nazir Ahmed, 34 DLR (AD) 237. Lawyers Involved: Md. Mobarak Hossain, Advocate - for the petitioners. No one appears - for the opposite parties. Civil Revision No. 4269 of 1991. Judgment Md. Ruhul Quddus J. - This Rule at the i......ated 8.11.1986 of the Munsif (now Assistant Judge), First Court, Chandpur in Title Suit No. 51 of 1983 are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 87

Sree Binoy Krisna Saha and others Vs. Sree Reboti Mohon Saha and others, 2011, 40 CLC (HCD)

......Opposite Parties Judgment November 21, 2011. Result: The Rule is made absolute. Lawyers Involved: Md. Nurul Islam, Advocate - for the petitioners. Not represented- the Opposite parties. Civil Revision No. 924 of 2004. Judgment Md. Ruhul Quddus J. - This Rule at the i......rty to call for any document, recall or re-examine the witnesses and take additional evidence, if it is so required. Send down the lower Courts’ records. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 66

National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 22 CLC (AD)

....port entitlement, permit or licence issued by the competent authority, clearly indicated that the goods are imported for temporary period. (2) Bills of entry duly filled in along with all relevant particulars, proof of value, along with such other detail as may be required by the Collector of Cus...... judgment with reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: | Hits: 140

Government of Bangladesh and others Vs. Md. Salim Reza, 2003, 22 CLC (AD)

.... petition the respondent the rest 3rd and 4th grade employees have been virtually dismissed from their services and the said order was passed without any legal formalities and the impugned inquiry is partial, mala fide, based on imagination and without any evidence and the respondent was not given a...... 4. The rule was made absolute. Leave was granted on additional grounds submitted by the learned Additional Attorney General for the appellant urging that the impugned order having been passed after investigation and the Government having found appointments were made illegally and as by the impugne..

Category: Employment/Service Law | Date: | Hits: 155

M/S. G. K. Brothers and another Vs. M/S. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)

....roceeding of that case was stayed. It was the further case of the plaintiff respondent that before getting a kabala deed executed and registered, through Court, the defendant No. 1 and 2 was added as parties in the HRC Case No. 224 of 1983 and beyond the notice of the plaintiff they withdrew Taka 36......he suit land in favour of appellants through court. The office is directed to send down the lower Court’s record at once. Md. Rais Uddin J. - I agree. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 113