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Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 2008, 37 CLC (AD)
....t;we are of the view that 'Zakat' as a concept and a pillar of Islam is not applicable to a juristic person like the Bank". 9. The learned Counsel for the petitioner, in support of the prayer for review has submitted that this Division disposed of the Civil Petitions for Le......Not represented— the Respondent Civil Review Petition Nos. 10-12 of 2008. (From the Judgment and Order dated September 3, 2007 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 823, 824 and 828 of 2005). Judgment &......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. ......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
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....the appointment of six Additional Judges, namely, Abdul Hye, Md. Faruque Ahmed, Mohammad Marzi-ul-Huq, Md. Shamsul Huda, Abdur Razzak and Hasan Foez Siddique. The learned Attorney General opposed the prayer for production of papers on the ground that they were privileged documents. The Special Bench......s. E.M.I. (Australia) Pvt. Limited, (1958) 100 CLR 597, Adgbenro Vs. Akintola, (1963) AC 614, Attorney General Vs. Jonathan Cape Limited (Crossman Diaries case) (1976) QB 752, R V. Secretary of State for Home Department, Ex p. Hosenball, (1977) 1 WLR 766; Re-amendment of the Constitution of Canada (......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. ......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
Golam Mostafa and others Vs. Government of the People’s Republic of Bangladesh, 2007, 36 CLC (AD)
....pose for which the acquisition was made but could not be utilized for any other purpose and as such, the petitioners are entitled in law to get the lands released in their favour and pending their prayer for release the issuance of eviction notice is malafide and liable to be declared to have be......ision in Writ Petition No.8488 of 2005). Judgement Mohammad Fazlul Karim J.- This petition for Leave to Appeal is directed against the judgment and order dated 29.01.2007 passed by a Divisio......e do not find any cogent ground to interfere with the same. This Petition is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: ......e do not find any cogent ground to interfere with the same. This Petition is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 25
Saleh Ahmed and others Vs. Amena Bewa and others, 2008, 37 CLC (AD)
....e Court by order dated 04.02.1997 directed the plaintiffs to personally appear before the Court fixing 02.06.1997. On 02.06.1997 the plaintiffs without complying with the order of the Court made a prayer for time to move the High Court Division against the order dated 04.02.1997. Thereafter the ......008. Lawyers Involved: Fazlul Karim, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No.1426 of 2006. (From the judgment and order dated 18.10.2005 passed by......to inherent power of the court for rejecting plaint. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 695. ......to inherent power of the court for rejecting plaint. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 695. ..Category: Civil Law | Date: | Hits: 94
Bashudev Ghosh & ors Vs. Iswar Sree Sree Bashudev Shalgram Shola Jew Bigrah & ors, 2009, 38 CLC (AD)
.... Rule absolute, setting aside the judgment and decree dated 29.09.1994 passed in S.C.C. Suit No.195 of 1984 by the Assistant Judge, 1st Court, Dhaka, and thereby decreed the S.C. C. suit allowing the prayer. 8. The High Court Division disposed of both the Civil Revision Cases being Civil Revision......e-on-Record-For the Petitioners (In both the cases) Mahmudul Islam, Senior Advocate, instructed by Syed Mahbubur Raman, Advocate-on-Record-For the Respondents (In both the cases) Civil Petition for Leave to Appeal No. 878-879 of 2008. (From the judgment and order dated 16.03.2008 passed by ...... 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. ...... 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
Sonali Bank Vs. Artha Rin Adalat, Narayangonj and others, 2009, 38 CLC (AD)
....r default as no one appeared on 22.05.2006 and the order of stay granted earlier was vacated and the executing court was directed to proceed with execution case in accordance with law and that on the prayer of the petitioner bank the writ petition was restored to its original file and number on 15.......t April 12, 2009. Lawyers Involved: M. A. Sobhan, Advocate instructed by Nurul Islam Bhuiya, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No.1529 of 2008. (From the judgment and order dated 17.04.2007 passed by the ......e impugned judgment passed by the High Court Division. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 686, 62 DLR (AD) (2010) 231.......e impugned judgment passed by the High Court Division. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 686, 62 DLR (AD) (2010) 231...Category: Banking Law | Date: | Hits: 373
Gour Chandra Majhi Vs. Shusen Kumar Mondal and others, 2009, 38 CLC (AD)
....High Court Division on consideration of the materials on record and the submissions of the learned Advocates of the respective parties made the Rule absolute. The High Court Division has found the prayer challenging the order of the defendant No. 4 in respect of the settlement of the case land i......d-For the Petitioner. A.J. Mohammad Ali, Senior Advocate, instructed by Haridas Paul Advocate-on-Record-For Respondent No.1-3. Not represented-Respondent No. 4-7. Civil Petition for leave to Appeal No. 634 of 2008. (From the judgment and order dated 29.01.2008 passed b...... judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 676. ...... judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 676. ..Category: Property Law | Date: | Hits: 54
Bangladesh and others Vs. Sirajuddin Khan, 2009, 38 CLC (AD)
....ying for lease of the said fishery and offered a development scheme of the said unutilized closed fishery. The said application was sent to the Secretary, Ministry of Land for consideration of the prayer for lease. Later, on 12.2.1995 the writ petitioner again filed an application before the Min......Division in Writ Petition No.1242 of 2007.) Judgment MM Ruhul Amin CJ. - This petition for leave to appeal is directed against the judgment and order dated 3rd July, 2008 passed by the ...... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 312. ...... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 312. ..Category: Property Law | Date: | Hits: 30
Matiur Rahman Chowdhury Vs. Commissioner of Taxes, Dhaka, 2009, 38 CLC (AD)
....d amount as required under Section 158 of the Ordinance were rejected on 04.05.2000 but prior to that date the Tribunal dismissed the appeals by order dated 09.04.2000, on wrong impression that no prayer for waiver has been made by the petitioner in the respective appeals, though in fact the pet......lam, Attorney General, (with Mrs. Mahfuza Begum, Assistant Attorney General) instructed by B. Hossain, Advocate-on-Record- For the Respondent (In both the cases) Civil Petition for Leave to Appeal Nos. 816-17 of 2008. (From the judgment and order dated 23.01.2008 pass......prescribed amount in the respective appeals, after setting aside the orders passed both by the High Court Division in the Reference Applications and the Taxes Appellate Tribunal in the appeals, on remanding back the appeals to the Taxes Appellate Tribunal for hearing of the appeals afresh and th......l, Division Bench-1, Dhaka, with further direction to dispose of the appeals, if made ready, preferably within six (6) months. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 305. ..Category: Fiscal/Taxation Law | Date: | Hits: 89
Md. Nurul Alam Miah and others Vs. Md. Idris Ali, 2009, 38 CLC (AD)
....ndants have got their homestead on the suit land, as such it is necessary to ascertain the position of the structure by appointing an Advocate Commissioner, the Courts below erred in rejecting the prayer of the defendant in not allowing the prayer of the petitioners. The learned Counsel fur...... Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioners. A. B. M. Nurul Islam, Senior Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent. Civil Petition for Leave to Appeal No.1534 of 2008. (From the judgment and order dated the 5th day of June,......ind no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 605. ......ind no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 605. ..Category: Property Law | Date: | Hits: 33
Nasiruddin Biswas Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (AD)
.... then charge was brought against the petitioner for evasion o& payment of VAT to the tune of Tk. 17,78,535/32 upto the month of August, 2000 and in response the petitioner, on 31.07.2001, made prayer to the Commissioner of Customs, Excise, VAT, Jessore for exemption from payment of the afore......ed: Tanjib-ul-Alam, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioners. Md. Ibrahim Khalil, Advocate-on-Record-For the Respondents. Civil Petition for Lave to Appeal No. 591 of 2007. (From the judgment and order dated 23.04.2005 passed by ......e is no illegality or infirmity in the above decision so as to call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 587. ......e is no illegality or infirmity in the above decision so as to call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 587. ..Category: Fiscal/Taxation Law | Date: | Hits: 83
Md. Yunus Vs. Abul Kalam others, 2009, 38 CLC (AD)
....constructed in the vacant land of the back side and unlocking the door of latrine etc. Two local inspections were held. The trial Court by the judgment and order dated 29.09.1998 allowed the prayer of mandatory injunction relying on the Advocate Commissioner's report. Being aggrieved ther......ord-For the Petitioners. Moqbul Ahmed, Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For Respondent No.1-4. Not represented-Respondent No. 5-26. Civil Petition for Leave to Appeal No. 382 of 2008. (From the judgment and order dated10.12.2007 passed by ......ons of the learned Advocate for the petitioner and find no merit in the leave petition. The leave petition is thus dismissed. Ed. This Case is also Reported in: VI ADC (2009) 584. ......ons of the learned Advocate for the petitioner and find no merit in the leave petition. The leave petition is thus dismissed. Ed. This Case is also Reported in: VI ADC (2009) 584. ..Category: Property Law | Date: | Hits: 22
Md. Ijal Uddin Munshi Vs. Mst. Rokeya Khatun and another, 2009, 38 CLC (AD)
.... which has get nothing to do with D.N.A. Test; that both the Courts below have committed error of law allowing an application for D.N.A. Test prematurely failing to consider the subject matter and prayer of the Family Suit and provisions of law applicable thereto resulting in an error in decisio......ents Judgment January 19, 2009. Lawyers Involved: Abu Siddique, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1629 of 2007. (From the judgment and order dated the 5th day of Feb......ned Advocate-on-Record for the petitioner is directed to file an affidavit-in-compliance of this order within the aforesaid period. Ed. This Case is also Reported in: VI ADC (2009) 571. ......ned Advocate-on-Record for the petitioner is directed to file an affidavit-in-compliance of this order within the aforesaid period. Ed. This Case is also Reported in: VI ADC (2009) 571. ..Category: Family Law | Date: | Hits: 280
City Bank Limited Vs. Judge, Artha Rin Adalat, Barisal and others, 2009, 38 CLC (AD)
....udication is whether the respondent No. 4 owes any money to the respondent No. 2 and to adjudicate this issue the presence of the petitioner is not necessary at all and the petitioner can make prayer to the Artha Rin Adalat concerned at proper stage for satisfaction of its decreetal amount f......wyers Involved: Md. Abdun Nur, Advocate-on-Record-For the Petitioner. Harun-or-Rashid, Advocate, instructed by Haridas Pal, Advocate-on-Record-For the Respondent. Civil Petition for leave to Appeal No.1414 of 2007. (From the judgment and order dated 27.08.2007 passed b......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. ......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
Mohsena Akter Khatun Vs. Chairman, First Court of Settlement, Bangladesh & others, 2008, 37 CLC (AD)
..... 2075 of 2003 discharging the Rule which was obtained challenging the judgment an order dated 14.01.2003 of the First Court of Settlement, Dhaka, passed in case No. 168 of 2001 rejecting the prayer of the petitioner for release of House No. Ka-119, Pallabi, Mirpur, Dhaka from Ka List of th......ed: A. K. M. Mesbahuddin, Senior Advocate with Mohsen Rashid, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 886 of 2007. (From the judgment and order dated 09.05.2007 passed by......ere 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) 551. ......ere 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) 551. ..Category: Property Law | Date: | Hits: 26
Bangladesh Krishi Bank Vs. Md. Saidul Haque, 2008, 37 CLC (AD)
.... was also formed to inquire into the charges made against him. 3. But due to apprehension of his arrest he did not appear in the departmental proceeding and prayed for adjournment but refusing the prayer for adjournment the Enquiry Committee made enquiry against him ex parte and submitted report ......bdur Rahman Molla and others 27 DLR 428. Lawyers Involved: Md. Taherul Islam, Advoate-on-Record-For the Petitioners. Zahirul Islam, Advocate-on-Record-For Respondent No.1. Civil Petition for Leave to Appeal No.1658 of 2007. (From the judgment and order dated 13.9.2007 passed by the A......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. ......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. ..Category: Administrative Law | Date: | Hits: 189
General Manager, Bangladesh Railway Vs. Badruddin Ahmed, 2009, 38 CLC (AD)
....of 1993 in the Court of Subordinate Judge (now Joint District Judge), 2nd Court, Gazipur against the present respondents for declaration of plaintiff's title in the suit property together with the prayer that the ex-parte judgment and decree dated 24.09.1994 passed by the learned Subordinate Jud......Wadud Bhuiyan, Senior Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos.1-6. Not represented- the Respondent Nos. 7-8. Civil Petition for Leave to Appeal No. 548 of 2008. (From the judgment and order dated 20th November, 2007 ...... view that the High Court Division upon correct assessment of the materials on record dismissed the appeal. The petition is dismissed. Ed. This Case is also Reported in: ...... view that the High Court Division upon correct assessment of the materials on record dismissed the appeal. The petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 27
Land Acquisition Officer, Pabna & Ors Vs. Al-haj Md. Abdul Latif Biswas & anr, 2007, 36 CLC (AD)
....orks Department and thereupon they applied to the learned Arbitrator for appointment of the Private Engineering Firm for ascertaining costs of the constructions made in the acquired land and the said prayer was allowed. The Private Engineering Firm so appointed submitted its report relating to costs......2 of 1993. 5. The Arbitration Miscellaneous Case No. 22 of 1993 was filed by the respondents herein against award made by the Deputy Commissioner in L.A. Case No.98 of 1985-86 which was initiated for requisition and acquisition of 60 decimals of land out of 86 decimals of land owned and possesse......of the discussion made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 255. ......of the discussion made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 255. ..Category: Alternative Dispute Resolution | Date: | Hits: 249
Karuna Enterprise Vs. Joint District Judge, Artha-Rin-Adalat, Narayangonj & Ors., 2007, 36 CLC (AD)
....on to the Court about the fact of filing writ petition challenging the order of the trial Court rejecting the application seeking direction on the plaintiff to produce papers mentioned therein and prayer having been made for adjournment the trial Court in rejecting the prayer for adjournment did......Nurul Islam Bhuyian, Advocate-on-Record-For the Petitioner. Abdun Nur, Advocate-on-Record- For the Respondent No.2. Not represented- For Respondent Nos.1 & 3. Civil Petition for Leave to Appeal No. 742 of 2004. (From the judgment dated March 10, 2004 passed by a Div......sion has committed no error of law in its judgment calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......sion has committed no error of law in its judgment calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 91
Khalil Mia and others Vs. State, 2007, 36 CLC (AD)
....tion and as such the impugned order is liable to be set aside. 6. Impugned order dated 28.03.2003 passed by the learned Additional Sessions Judge in Sessions Case No.6 of 1993 rejecting the prayer for recalling P.W.26, the investigating officer and challenging the said impugned order the ...... Lawyers Involved: Md. Shamsul Huda, Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioners. Not represented-the Respondent. Criminal Petition for Leave to Appeal No.18 of 2006. (From the judgment and order dated the 22nd November, 200...... 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. ...... 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. ..Category: Criminal Law | Date: | Hits: 40
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