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Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)

.... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ......d, as such, the transferee from him has acquired no right, title and interest." 14. To begin with, it is necessary to quote section 53 of the Act as under: "53. Appeal to the Special Judge.-Any person aggrieved by an order of the Revenue Authority under sub-section (2) of section 19 passed on ..

Category: Property Law | Date: | Hits: 67

Faridul Islam alias Faridul Alam and others Vs. State, represented by the DC, Chittagong and another, 2011, 40 CLC (AD)

.... out of the record. Accordingly, we do not find any merit whatsoever in this criminal petition for leave to appeal which is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 44....... out of the record. Accordingly, we do not find any merit whatsoever in this criminal petition for leave to appeal which is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 44...

Category: Criminal Law | Date: | Hits: 85

Government of the People's Republic of Bangladesh Vs. Nasirur Rahman, 2011, 40 CLC (AD)

....on of the direction given by the High Court Division in the impugned judgment and order. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 87, 9 LG (AD) (2012) 50, 17 MLR (AD) (2012) 89. ......Result: The leave petition stands disposed of. Lawyers Involved: Mahbubey Alam, Attorney General instructed by M. Wali-ul-Islam, Advocate-on-Record-For the Petitioners. Nasirur Rahman, in person-For the Respondent. Civil Petition for Leave to Appeal No.1536 of 2011. Judgment Md...

Category: Employment/Service Law | Date: | Hits: 119

Government of Bangladesh and Others Vs. Md. Mosharraf Hossain, 2011, 40 CLC (AD)

....not find any error in the impugned judgment and order calling for interference by this Court. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 67.......financial structure and system of the Government and, therefore, the impugned judgment and order needs to be interfered with by this Court. Mr. Rahman has lastly contended that the petitioner being a person in the service of the Republic had other alternative efficacious remedy by way of filing an a..

Category: Employment/Service Law | Date: | Hits: 127

JMS Glass Industries Ltd. Vs. Customs, Excise and VAT Appellate Tribu­nal and others, 2011, 40 CLC (AD)

.... discharging the Rule. For the reasons stated hereinbefore, we find no merits in the petition and accordingly, the same is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 43. ......as mentioned hereinbefore. 13. In section 193 of the Customs Act, specific provisions have been made for filing an Appeal to the Commissioner (Appeal) within the time as men­tioned therein if any person feels aggrieved by any decision or Order passed under the Customs Act, not being a decision o..

Category: Fiscal/Taxation Law | Date: | Hits: 130

M/S Pak Jute Mills Ltd. Vs. Income Tax Officer and another, 1978, 7 CLC (AD)

....ere the rate of surcharge has been detailed. This point also fails. In the result, therefore, the appeal is dis­missed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 178. ......to income tax there will be an addi­tional duty of income tax called "super tax". Previously the super tax was also chargeable on the income of an individual, an unregistered firm, an association of persons and a Hindu undivided family. Both the income tax and super tax were distinct and separate. ..

Category: Fiscal/Taxation Law | Date: | Hits: 131

Zaminur Rahman & others Vs. Bangladesh & others, 1978, 7 CLC (AD)

....uraged. In the above premises the appeal is dis­missed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171....... could not lease out the Octroi posts was without any substance. 5. Leave was granted to examine the con­tention of the appellants that the power of taxation in its nature is such that no private person can be allowed to collect and appro­priate whole or any part of the tax and the act of any a..

Category: Fiscal/Taxation Law | Date: | Hits: 112

Mullick Brothers Vs. Income Tax Officer and another, 1978, 7 CLC (HCD)

.... premises the appeal is allowed but without any order as to costs. The impugned demand notices are declared to be of no lawful authority. Ed This Case is also Reported in: 31 DLR (AD) (1979) 165....... Bangladesh if such legislation was inconsistent with the Proclamation of Independence. The Martial Law Regulation promulgated by the Martial Law Regime lack the trappings of law. It is issued by one person who arrogates to himself all the State powers on the basis of force of arms and commands obed..

Category: Fiscal/Taxation Law | Date: | Hits: 122

Abdur Rahim Vs. Arifur Rahman and others, 1997, 26 CLC (HCD)

....impugned judgment to call for any interference by this Court exercising revisional power. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 166.......at the defendant entered into an agreement for the sale of the suit land to the plaintiff at a consideration of Taka 55,000.00 but nothing has been stated in the alleged bainapatra as to who were the persons allegedly present at the time of finalisation of talk. It has never been alleged that any of..

Category: Procedural Law | Date: | Hits: 68

Mohor Ranjan Pal and others Vs. State, 1997, 26 CLC (HCD)

....time of issuance of the Rules stand vacated. Let a copy of this judgment be sent to the learned Divisional Special Judge, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ......s had been committed by the accused some time in June, 1984. 4. After due investigation a charge-sheet was filed on 30-8-93 against the petitioners of both the Rules and others. Two of the accused-persons namely Md. Khalilur Rahman and Md. Ishaque Mazumder were Government servants at the time of ..

Category: Criminal Law | Date: | Hits: 71

Doris Waldman Vs. Bangladesh and others, 1996, 25 CLC (HCD)

....en made without lawful authority and are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 151.......ousi. The salaried people started conspiring against the petitioner. The king-pin of the conspirators is Mr. Ishrat Ferdousi Prince. He made colossal bungling with the accounts of the company for his personal gain. He forged documents and stole still others for which a complaint case being Case No.1..

Category: Criminal Law | Date: | Hits: 87

Shahnewaz Karim (Md.) Vs. State, 2009, 38 CLC (HCD)

....undertaking to produce the same before the Court on and when directed by the same. Copy be sent down at once. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 67; 18 BLT (HCD) (2010) 5. ......here the question is the custody of property like taxi cab, the Magistrate instead of entering into investigating the title of the taxi cab claimant, it is his duty to decide expeditiously who is the person prima facie entitled to possession thereof and hand over its possession to him for avoiding g..

Category: Criminal Law | Date: | Hits: 110

Jamil Akhter Elahi (Md.) Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....ion is misconceived and the Rule is liable to be discharged. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 64....... Vs. Government of Bangladesh and others…………….Respondents Judgment June 24, 2009. Result: The Rule is discharged. Lawyers involved: Jamil Akhter Elahi, Advocate (in person)- petitioner. AKM Nazrul Islam with Ali Mustafa Khan and Md. Al-Mamun Advocates - For the ..

Category: Others | Date: | Hits: 134

Islam Enterprise Vs. Commission of Taxes Zone-3, 2007, 36 CLC (HCD)

....he applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 59.......he applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 59...

Category: Fiscal/Taxation Law | Date: | Hits: 97

Nasiruddin (Md.) Vs. State, 2009, 38 CLC (HCD)

.... the result, the appeal is allowed with modification. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ......ainst him and claimed to be tried. 4. The prosecution examined as many as 10 witnesses and the defence examined none. 5. After conclusion of the evidence from the prosecution bide, the accused person was examined under section 342 of the Code of Criminal Procedure, when he again pleaded not g..

Category: Criminal Law | Date: | Hits: 79

Abul Kashem Vs. AKM Golam Mostafa and others, 2009, 38 CLC (HCD)

....ated. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed This Case is also Reported in: 62 DLR (HCD) (2010) 44. ......er refers the case of Md. Ismail Vs. Province of East Pakistan through the Chief secretary, Govt. of East Pakistan reported in 16 DLR (AD) 438 wherein it has been held: ''Notice served on a third person not good notice." 11. The learned Counsel lastly submits that the learned Judge of the Cou..

Category: Administrative Law | Date: | Hits: 230

Chief Engineer, the Local Government and Engineering Department and others Vs. Kazi Mizanur Rahman and others, 2012, 41 CLC (AD)

.... The leave petitions are disposed of with the above observations and modifications of the earlier as well as the impugned judgments. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 91. ......sposal of these petitions are as under: C.P. No. 1247 of 2011 2. This petition arose from the judgment of the High Court Division in Writ Petition No.8737 of 2008. In the High Court Division 49 persons filed the above writ petition seeking a direction upon the writ respondents who are petition..

Category: Employment/Service Law | Date: | Hits: 147

Chutta Miah Vs. State, 2004, 33 CLC (HCD)

.... made above and in accordance with law after giving the petitioner an opportunity to recall the prosecution witnesses for cross-examination. Ed. This Case is also Reported in: 56 DLR (2004) 610. ...... made above and in accordance with law after giving the petitioner an opportunity to recall the prosecution witnesses for cross-examination. Ed. This Case is also Reported in: 56 DLR (2004) 610. ..

Category: Criminal Law | Date: | Hits: 68

Abdul Mataleb Howlader and others Vs. State, 2003, 32 CLC (HCD)

....d by this Court earlier, stands vacated. Send a copy of this judgment to the Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 607.......e to its authority to any other such Criminal Court of equal or superior jurisdiction; (iii) that any particular case or appeal be transferred to and tried before itself:or (iv) that an accused person be sent for trial to itself or to a Court of Session. 5. Now, we may be permitted to go ..

Category: Criminal Law | Date: | Hits: 86

Azad Hossain (Md) Vs. State, 2003, 32 CLC (HCD)

....with the Special Tribunal Case No. 41 of 1996 immediately, if not wanted in connection with any other case. Communicate the order at once. Ed. This Case is also Reported in: 56 DLR (2004) 602.......ssport issued by the Government of Bangladesh on 16‑8‑1989, his voter identity card, driving licence, income tax TIN certificate and his son's SSC certificate and stated that he is not the actual person who has been convicted in the said Special Case No. 41 of 1996, rather he has been falsely de..

Category: Criminal Law | Date: | Hits: 73