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Mohammad Ali Vs. State, 2000, 29 CLC (HCD)
....sions Case No.60 of 1995 arising out of GR No.18 of 1990 corresponding to Dhunat PS Case No. 6(4)90, convicting him under sections 395/397 of the Penal Code and sentencing him to suffer rigorous imprisonment for eight years and to pay a fine of Taka 2,000.00 in default to suffer rigorous imprisonmen......art in the occurrence. The said two confessing accused save and except mentioning the name of one Mohammad did not state anything about father’s name or about address of said Mohammad. It may be re-called here that the accused-appellant is named as “Mohammad Ali”. The name of Mohammad as menti...... down the LC record along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 245. ..Category: Criminal Law | Date: | Hits: 89
Kajemuddin Miah (Md) Vs. Bangladesh and others, 1999, 28 CLC (HCD)
....rosion of the river Padma the lands and homestead of the petitioner and other co-villagers were diluviated and went under water in 1947. So they shifted their residence and settled in Mouza Charbhadrason, Kallyanpur, etc. within the district of Faridpur in 1948. When the lands appeared the petitione......—For the Petitioner. M Iman Ali, Deputy Attorney-General-For the Respondent. Writ Petition No. 2702 of 1996. Judgment Mainur Reza Chowdhury J. - By this Rule Nisi the respondents were called upon to show cause as to why the impugned order as contained in case No. 9-24 dated 29-11-84 ...... account of alluvion. By the said Act the right, title and interest of the original tenant or his successor-in-interest would subsist in the lands of a holding or portion thereof during the period of loss by diluvion if such lands re-appeared in situ within thirty years of their loss instead of 20 y..Category: Property Law | Date: | Hits: 68
.....
Cases Referred to-
Anwar Hossain Chowdhury vs. Bangladesh, 41 DLR (AD) 41, British Railway Board –V- Pickin, 1974 AC 765, Muhammed Omar Khan-v-Crown, 5 DLR (WP Lahore) (1953) 73, State-v-Dosso, 11 DLR (SC) 1, Begum Nusrat Bhutto-v-Chief of Army Staff PLD) 1977 (SC) 657, Sindh High Court Ba...... persons guilty and sentenced them to suffer imprisonment for life and to pay fine of Tk.1000.00, or to suffer another period of rigorous imprisonment in default.
15. A Lieutenant Colonel, on a so called review, affirmed the conviction and then Lieutenant General Hussain Muhammed Ershad, as the C......he certificate asked for, which is hereby issued.
There is however, no Order as to cost.
Sheikh Md. Zakir Hossain J.- I agree.
Ed.
This Case is also Reported in: 63 DLR (2011) 565.
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Category: Constitutional Law | Date: | Hits: 482
Selim (Haji Md) Vs. Collector of Customs and others, 2001, 30 CLC (HCD)
....1998 (Annexure-1) was in force. At that time according to the 1st Schedule published, under section 18 of the Customs Act, the rate of customs duty on the questioned item was fixed at 37.5% Later on, some exemption was allowed as to import of the said item vide Annexure ‘D’, the SRO No. 108 date......ues before this court that proportion of percentage of the exemption may be increased but it cannot be decreased. 23. We have already stated that it is neither increasing nor decreasing. It can be called a withdrawal of the exemption. So, it is very much within the jurisdiction of the customs aut......r the reasons and discussions made above, we find no merits in these Rules. In the result, the Rules are discharged. No order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 287...Category: Fiscal/Taxation Law | Date: | Hits: 62
Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
....preemptors made the application for preemption by deposit of Taka 95,000 only together with compensation of Taka 9,500. To substantiate his claim, certified copies of 4 contemporaneous kabalas were also filed. If the valuation of the case was found to be more than one lakh, then the Court of Senior ......s not committed any error in rejecting the application of the petitioner. In the result, this Rule is discharged. No order as to costs. Order of stay granted at the time of issue of the Rule is re-called and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 285....... this Rule is discharged. No order as to costs. Order of stay granted at the time of issue of the Rule is re-called and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 285...Category: Property Law | Date: | Hits: 28
....oard of Revenue, Peoples Republic of Bangladesh and others….……Respondents
Judgment
July 21, 1998.
Cases Referred To-
Commissioner of Sales Tax, Lahore Region, Lahore Vs. Messers Associated Hotel (India) Ltd. Lahore, 1969 PTD 490; G Lakshminarayana Vs. Commercial Tax Office, First......her particulars and such books of account and documents as he may require, determine the tax payable.
(4) If the return under sub-section (1) has not been sent or the books of account or documents called for under sub-section (3) have not been produced the Deputy Commissioner of Taxes shall make ......and in that view of the matter cannot get any refund.
In the result, the Rule is discharged without however any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 230.
..
Category: Fiscal/Taxation Law | Date: | Hits: 69
Tofazzal Hossain (Md) and others Vs. Momtaz Begum & others, 1999, 28 CLC (HCD)
....d under section 96 of the State Acquisition and Tenancy Act. The case of the pre-emptor, in short, is that Koran Ali was the owner of the case jote by way of inheritance and purchase. He died leaving son Bachchu Mia, three daughters namely Momtaz Begum, Samiran and Hazera Khatun in opposite party No......ng the judgment and order dated 30-1-97 passed by the Senior Assistant Judge, Saturia in the District of Manikganj in Miscellaneous (Pre-emption) Case No.5 of 1995, allowing the pre-emption have been called in question. 2. Broad facts leading to the case are that, opposite party No.1 as per-empt......turia in Miscellaneous (Pre-emption). No.5 of 1995 allowing pre-emption are affirmed. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 223...Category: Property Law | Date: | Hits: 31
Shah Alam (Md.) Vs. Abul Kalam and others, 2001, 30 CLC (HCD)
....aser. The purchaser is a stranger to the holding and he has not suffered any loss for the ex parte order allowing preemption. On 6-6-98 the preemptors got delivery of possession through Court. They also claim that the application is full of false assertions. 5. Only issue framed on the above case......e Judge at Noakhali must be held to be incompetent and without jurisdiction. We do not need to enter into the findings on service of summons or possession arrived at in such proceedings, which were uncalled for and are quashed. 21. In the result, the Rule is made absolute. No order as to costs. T......ah, father-in-law of the purchaser, and the “Tadbirkar” of the present case, received summons in the house of the purchaser. The purchaser is a stranger to the holding and he has not suffered any loss for the ex parte order allowing preemption. On 6-6-98 the preemptors got delivery of possession..Category: Limitation Law | Date: | Hits: 175
Tanveerul Haque Vs. Unistar Shipping Limited and ors., 1999, 18 CLC (HCD)
....gainst the defendant petitioner and the defendant opposite party Nos. 3 and 4 praying for recovery of Taka 17,39,780,70 stating inter alia that both the plaintiff companies were constituted by six persons viz Mr. Muhammad Iqbal, Mrs. Rehena Iqbal, Mr. Mohammad Imtiaz, the Group A shareholders and th......int of Money Suit No. 31 of 1995 of the Subordinate Judge 2nd Court, Chittagong is hereby rejected. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 215.......bove demand and subsequently, the above German company expressed their refusal to exclusive business with the plaintiff companies as was being done beforehand and then the companies started suffering loss and so the plaintiffs by letter dated 22-12-92, requested the Group-B Directors to meet part of..Category: Company Law | Date: | Hits: 197
Dr. Mohiuddin Khan Alamgir Vs. Government of the People’s Republic of Bangladesh, 2010, 39 CLC (AD)
....anent citizen of Bangladesh by birth. He was a Presidium Member of Bangladesh Awami League. He was State Minister of Planning during the last Awami League Government. During the said period, he was also Minister in Charge for the Ministries of Civil Aviation and Tourism and of Science and Technology......arliament is of greater importance than settlement of private disputes. Moreover, Article 125 of our Constitution provides that no election to the offices of President or to the Parliament shall be called in question except by an election petition presented to such authority and, in such manner ...... rejection of nomination paper set aside in accordance with law, are of no consequence. The leave petition is accordingly dismissed. Ed. This Case is also Reported In: 62 DLR (AD) (2010) 425...Category: Election Law | Date: | Hits: 127
Nure Alam and others Vs. State, 2002, 31 CLC (HCD)
....he learned Additional Sessions Judge, 1st Court, Tangail in Sessions Case No. 102 of 1991 convicting the appellants under sections 302/109 of the Penal Code and sentencing each of them to suffer imprisonment for life and to pay fine of Taka 5,000 each in default to suffer rigorous imprisonment for 2......ier in point of time. The same is the first information report and the subsequent first information report is a statement of witnesses to the police upon which no conviction can be recorded as the so-called first information report is absolutely inadmissible in evidence and, as such, the prosecution......oner, Tangail will take immediate step to secure his arrest to serve out the sentence. Send down the lower Court’s record immediately. Ed. This Case is also Reported in: 54 DLR (2002) 242. ..Category: Criminal Law | Date: | Hits: 42
Bashiruddin (Md) Vs. Bangladesh and others, 1999, 18 CLC (HCD)
....d out at a low amount without making proper publicity and that he is willing to take lease of the fishery at an amount of Taka 5,20,000.00, that the Divisional Commissioner passed order in the appeal so filed suspending approval of the lease and that also made direction to place the matter before hi...... 6. Writ Petition No.1120 of 1999. Judgment Md. Ruhul Amin J. - This Rule has been obtained upon an application filed under Article 102(2) (a) (ii) of the Constitution. The respondents were called upon to show cause as to why the order dated 22-3-1999 passed by the respondent No. 2. Member......t of the petitioner is not a merited one. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 201...Category: Property Law | Date: | Hits: 33
Khorshed Alam (Md) Vs. Subordinate Judge and Artha Rin Adalat No. 1 and others, 2001, 30 CLC (HCD)
....itioner and the respondent No. 1 i.e. executing Court, by order dated 18-8-99 allowed the application and fixed 30-11-99 for depositing the auction money and for further order. The respondent No. 1 also requested the petitioner to deposit auction money of Taka 1,01,000 within 30-11-99. On 22-11-99 t......ed 22-11-99 and 23-11-99 passed by the Subordinate Judge and Artha Rin Adalat No. 1, Sadar, Chittagong in Mortgage Execution Case No. 6 of 1997 contained in Annexures-E and E-1 respectively have been called in question. 2. The facts relevant for the purpose of disposal of this Rule are as follows......n is not maintainable because the petitioner is not a party either in the suit or in the execution proceeding and he has no legal right in the matter because he has not paid any money or suffered any loss. 7. The learned Advocate appearing for the petitioner vehemently challenged the conduct of t..Category: Civil Law | Date: | Hits: 76
Elders Ltd. Vs. Sunil Chandra Chowdhury & another, 2002, 31 CLC (HCD)
....l registration of these marks they were renewed for a further period of 15 years with effect from 12-7-96. It is alleged that in the meantime KAS Dairies Ltd. (hereinafter called “the company”) also obtained registration of the similar mark from the Trade Mark Registry being Trade Mark No. C-570......rom 12-7-89 and after initial registration of these marks they were renewed for a further period of 15 years with effect from 12-7-96. It is alleged that in the meantime KAS Dairies Ltd. (hereinafter called “the company”) also obtained registration of the similar mark from the Trade Mark Registr...... sentence him to pay fine of Taka 2,000 (two thousand) only and in default to suffer simple imprisonment for a period of 15 (fifteen) days. Ed. This Case is also Reported in: 54 DLR (2002) 227. ..Category: Intellectual Property Law | Date: | Hits: 181
Mafizul Hoq Bebu (Md) Vs. Majida Begum and others, 2001, 30 CLC (HCD)
....t of Subordinate Judge, and Artha Rin Adalat No. 1, the said suit was renumbered as Title Suit No. 175 of 1999. Her case, in short, was that the suit land originally belonged to one Anwarul Haque who sold the same to Mohammad Akhter on 18-10-1966. Akhter transferred the same to defendant No. 2 Meher...... Consequently, we do not find any merit in the Rule. In the result, the Rule is discharged without any order as to costs. The order of stay as granted at the time of issue of the Rule is hereby re-called and vacated. The learned Subordinate Judge is directed to dispose of the suit in accordance w......e is hereby re-called and vacated. The learned Subordinate Judge is directed to dispose of the suit in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 219. ..Category: Property Law | Date: | Hits: 28
State Vs. Moslem, 2002, 31 CLC (HCD)
.... AK Badrul Huq J Md. Abdul Hye J State……………………………………………….….Appellant Vs. Moslem…………………………………………..….Condemned Prison Judgment October 30, 2002. Cases Referred To- Abdus Samad Vs. State, 16 DLR (SC) 26...... Salam, PW 2 went to the village Goalkhali under Keraniganj Police Station and caught hold of accused Moslem and brought him to paternal house of A Salam, PW 2 and local Chowkider Tara Mia, PW 10 was called and Moslem was handed over to him. Tara Mia, PW 10 then handed over Moslem to local Chairman ......upon condemned prisoner is maintained and Death Sentence imposed upon him is confirmed. Sentence shall be executed ill accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 116. ..Category: Criminal Law | Date: | Hits: 82
.... also Reported in: 52 DLR (HCD) (2000) 170.......in favour of the applicant.
Accordingly this reference is answered in the negative and the parties are left to bear their own costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 170.......y Commissioner of Taxes in respect of the Assessment made by the Deputy Commissioner of Taxes.
2. The DCT in assessing the income tax of the applicant disallowed certain expenses in the profit and loss account and added them to the profit disclosed. The Deputy Commissioner of Taxes disallowed Tak..
Category: Fiscal/Taxation Law | Date: | Hits: 65
....d by the aforesaid notice the petitioner served a legal notice to the respondents demanding justice by way of rescinding the decision of the aforesaid impugned notice by Annexures ‘A’ and ‘B’ so far it relates to the petitioner but of no effect. Hence the petitioner filed this Writ Petition ......1-1982.
9. Section 4 runs as follows:
“4.Nikah Registrars.— For the purpose of Registration of marriages under this Act, the Government shall grant licences to such number of persons, to be called Nikah Registrars, as it may deem necessary for such areas as it may specify:
Provided that......
The power filed by Mrs. Sufia Khatun, the learned Assistant Attorney-General, on behalf of the respondent, be kept with the record.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 168...
Category: Employment/Service Law | Date: | Hits: 76
Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)
.... No. 31 of 1992 arises out of Judgment and order dated 18-3-1990 passed in ITA No. 3359 of 1982-83 (Assessment Year 1977-78) by the Taxes Appellate Tribunal. Reference Application No. 32 of 1992 is also directed against the Judgment and order dated 18-3- 1990 passed in ITA No. 3360 of 1982-83 (Asses......e applications the Taxes Appellate Tribunal treated the aforesaid corporations as Local Authority and exempted them from paying taxes under section 4(3) (iii) of the Income Tax Act, 1922 (hereinafter called the Act) and the Revenue Department preferred these reference applications challenging the le......pany as it has authorised and paid up share capital, Board of Directors including a Chairman having a casting vote as in a company and it has also to maintain books of accounts and prepare profit and loss account and balance sheet and get those audited as in the case of a company. Thus, he further s..Category: Fiscal/Taxation Law | Date: | Hits: 94
Muslim (Md) Vs. Abdul Motaleb and others, 2001, 30 CLC (HCD)
....laintiffs instituted the suit for permanent injunction against the defendants in the Court of Assistant Judge, Shahara Upazilla stating, inter alia, that Abdul Majid the original owner died leaving 3 sons and 4 daughters including Jamina Khatoon who became the owner of the suit land along with other......d radio repairing works and the plaintiff No.2 inducted the plaintiff No.1 in the suit premises without permission and knowledge of the defendant No.1 or his wife. Defendant No.1 raised objection and called a Salish. The plaintiff No.1 sought to run the business being tenant under the wife of the de......ored. The order of status quo in respect of the possession granted earlier by this Court is vacated. Send down the lower Court records. Ed. This Case is also Reported in: 54 DLR (2002) 196...Category: Property Law | Date: | Hits: 33
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