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Shahidul Alam VS. Government of Bangladesh and others, 1994, 23 CLC (HCD)

....ivision (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Mohammad Asaduzzaman J Shahidul Alam………………………………………………..Petitioner VS. Government of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Secretariat, Dhaka......ecial Original Jurisdiction) Present: AM Mahmudur Rahman J Mohammad Asaduzzaman J Shahidul Alam………………………………………………..Petitioner VS. Government of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Secretariat, Dhaka and others…......man J Shahidul Alam………………………………………………..Petitioner VS. Government of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Secretariat, Dhaka and others………………………Respondents Judgment November 30, 1994. Result: The......ey General prays for stay operation of the above order so as to enable them to move before the Appellate Division. The prayer is refused. Ed. This case is also Reported in: 47 DLR (AD) (1995) 15...

Category: Criminal Law | Date: | Hits: 200

Iskander Lasker Vs. District Magistrate, Jessore and others, 1994, 23 CLC (HCD)

....ander Lasker ..........................................................Petitioner Vs. 1. The District Magistrate, Jessore, 2. The Superintendent of Jail, Jessore Central Jail, Jessore, 3. Government of the People's Republic of Bangladesh, through the Secretary, Ministry of Home Affairs, ......................................Petitioner Vs. 1. The District Magistrate, Jessore, 2. The Superintendent of Jail, Jessore Central Jail, Jessore, 3. Government of the People's Republic of Bangladesh, through the Secretary, Ministry of Home Affairs, Bangladesh Secretariats, Dhaka ..............wanted in any other connection. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ......(1995) 12. ..

Category: Criminal Law | Date: | Hits: 86

Syed Monirul Huda Chowdhury Vs. Fouzia Chowdhury and others, 1994, 23 CLC (HCD)

....cepted. The revision is thus devoid of any merit. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 47 DLR (AD) (1995) 10.......cepted. The revision is thus devoid of any merit. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 47 DLR (AD) (1995) 10.......ivil Revisional Jurisdiction) Present: Mahmudul Amin Chowdhury J Abu Sayeed Ahammed J Syed Monirul Huda Chowdhury………………………………Petitioner Vs. Fouzia Chowdhury and others…………………………………Opposite Parties Judgment June 5, 1994. Re......igh Court Division (Civil Revisional Jurisdiction) Present: Mahmudul Amin Chowdhury J Abu Sayeed Ahammed J Syed Monirul Huda Chowdhury………………………………Petitioner Vs. Fouzia Chowdhury and others…………………………………Opposite Parties Judgmen..

Category: Property Law | Date: | Hits: 151

Commissioner of Taxes, Chittagong (South) Zone, Chittagong Vs. Mohammadi Trading Company, 1994, 23 CLC (HCD)

....y the assessee but took an entirely different plea not raised before the Appellate Joint Commissioner of Taxes and it is to the effect that the assessee is one of the nationalised units placed by the Government under the control and management of Bangladesh Food and Sugar Industries Corporation and ...... 2. The assessee in the instant case is a limited Company carrying on business under the name and style of Mohammadi Trading Company, which has subsequently been nationalised after the liberation of Bangladesh. The question of law referred to is: "Whether on the facts and in the circumstances......the absence of other previous Advocate Mr. AM Mahmudur Rahman who has since been elevated to the Bench. 2. The assessee in the instant case is a limited Company carrying on business under the name and style of Mohammadi Trading Company, which has subsequently been nationalised after the liberatio......t Division (Special Statutory Jurisdiction) Present: Anwarul Hoque Choudhury J Mohammad Asaduzzaman J Commissioner of Taxes, Chittagong (South) Zone, Chittagong...........Applicant Vs. Mohammadi Trading Company........................................................Respondent ..

Category: Fiscal/Taxation Law | Date: | Hits: 188

American Bureau of Shipping Vs. Commissioner of Taxes (South) Zone, Chittagong, 1994, 23 CLC (HCD)

....l dispose of these three Reference applications namely, Application Nos. 80, 81 and 82 of 1992. There shall be no order as to costs. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 1. ...... Appeal No. 151/Coy‑II/86‑87 allowing the appeal. 2. The Deputy Commissioner of Taxes disallowed expenses incurred by the applicant outside taxable territories for conducting their business in Bangladesh by artificially linking the expenses with the income earned by the applicant throughout t......€¦â€¦â€¦â€¦.Respondent Judgment June 30, 1994. Result: The finding of the Taxes Appellate Tribunal was not justified. Cases Referred to- ITR No. 1574 (Bom) of 1974‑75; IT No. 1212 and 1213 (Bom) 1975‑76; Commissioner of Taxation Vs. Kirk, 1900 AC 588 (PC); CIT Vs. Ahmedbhai Uma......on (Statutory Original Jurisdiction) Present: Anwarul Hoque Choudhury J Mohammad Asaduzzaman J American Bureau of Shipping.................................................Applicant Vs. Commissioner of Taxes (South) Zone, Chittagong……………………….Respondent Judgm..

Category: Fiscal/Taxation Law | Date: | Hits: 159

Abdul Ali and another Vs. State, 1977, 6 CLC (AD)

....charya, JJ. I concur with my learned brother K. Hossain J. K. Hossain J.—The question involved in this appeal it whether the High Court Division is justified in holding that the labourer under a Government contractor is a public servant within the meaning of S.21 of the Penal Code. 2. It app......e with the judgment of brother K. Hossain J. Order of the Court In view of the opinion of the majority the appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 58. ......is Case is also Reported in: 30 DLR (AD) (1978) 58. ......Present: Syed ABM Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Abdul Ali and another…...........................Appellants Vs. The State.............................................Respondent Judgment June 30, 1977..

Category: Criminal Law | Date: | Hits: 115

Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)

.... an ela­borate discussion on the question of main­tainability of the suit and held that the Elec­tion Tribunal was the only forum to decide the dispute relating to an election held under the Local Government Ordinance, 1976 and the Union Parishad (Election) Rules, 1976 and the Civil Court had no ...... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ......er as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ......late Division (Civil) Present: Syed ABM Husain CJ Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Fazlur Rahman………………………………Petitioner Vs. Rajab Ali and others..................Respondents Judgment July 18, 1977. Result: ..

Category: Civil Law | Date: | Hits: 111

M H Khandker, Advocate Vs. Bangladesh (for­merly Province of East Pakistan) & another, 1977, 6 CLC (AD)

....t of a bench of the erstwhile High Court of East Pakistan, dismissing a writ application made by Mr. M.H. Khandker, the appellant, who happens to be a les­see of a residential plot of land under the Government at Dhanmandi Residential Area in the, city of Dacca, by which the validity of a notice ca......ision (Civil) Present: Syed ABM Husain CJ Debesh Chandra Bhattacharya J Fazle Munim J M H Khandker, Advocate……………………………………………Appellant Vs. Bangladesh (for­merly Province of East Pakistan) & another..........Respondents Judgment ......shall, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 1. ......ate Division (Civil) Present: Syed ABM Husain CJ Debesh Chandra Bhattacharya J Fazle Munim J M H Khandker, Advocate……………………………………………Appellant Vs. Bangladesh (for­merly Province of East Pakistan) & another..........Respondents Judg..

Category: Property Law | Date: | Hits: 114

Shameem Ara and others Vs. Government of Bangladesh and oth­ers, 2011, 40 CLC (AD)

.......Petitioners (In Civil Petition No.2051 of 2010) Selina Habib and oth­ers …………………………………………………Petitioners (In Civil Petition No. 2353 of 2010) Vs. The Government of Bangladesh and oth­ers...................Respondents (In all the cases) Judgment ...... (In Civil Petition No.2051 of 2010) Selina Habib and oth­ers …………………………………………………Petitioners (In Civil Petition No. 2353 of 2010) Vs. The Government of Bangladesh and oth­ers...................Respondents (In all the cases) Judgment July 24, 201...... (Civil) Present: Md. Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Momtazuddin Ahmed J Shameem Ara and others………………………….....Petitioners (In Civil Petition No.1973 of 2010) Md. ....................Petitioners (In Civil Petition No.2051 of 2010) Selina Habib and oth­ers …………………………………………………Petitioners (In Civil Petition No. 2353 of 2010) Vs. The Government of Bangladesh and oth­ers...................Respondents (In all the cases) ..

Category: Employment/Service Law | Date: | Hits: 134

State Vs. Jahangir Mallik, 2008, 37 CLC (HCD)

....onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ......ode. 24. Now as to the sentence in a case under sections 302/34 of the Penal Code, law has been amended in India as per act 2 of 1974 and normal sentence for murder is no longer death in India. In Bangladesh there has been no amendment as yet. As per the decision in the case of Nawsher Ali Vs. St......an Miah J Md Abdul Hafrz J State.............Appellant Vs. Jahangir Mallik................Condemned Prisoner Judgment December 1, 2008. Result: The Death Reference is rejected and the Jail Appeal is dismissed. Cases Referred to- Abdul Hai Sarker Vs. State, 43 DLR (AD) 9......rted in: 15 BLC (HCD) (2010) 67. ..

Category: Criminal Law | Date: | Hits: 87

Harendra Chandra Barman Vs. Government of the People's Republic of Bangladesh and others, 2009, 38 CLC (HCD)

....ported in: 15 BLC (HCD) (2010) 60.......eme Court High Court Division (Civil Revisional Jurisdiction) Present: SM Ziaul Karim J Harendra Chandra Barman..............Petitioner Vs. Government of the People's Republic of Bangladesh and others...........Opposite Parties Judgment August 17, 2009. Result: The a......he order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 60.......also Reported in: 15 BLC (HCD) (2010) 60...

Category: Property Law | Date: | Hits: 73

Jaymala Baroy @ Shamsun Naher Vs. Dilip Kumer Baroy, 2009, 38 CLC (HCD)

....st. The order of stay granted earlier by this Court stands vacated. Office is directed to send down the records of this case at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 48.......st. The order of stay granted earlier by this Court stands vacated. Office is directed to send down the records of this case at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 48.......Jaymala Baroy @ Shamsun Naher.........Petitioner Vs. Dilip Kumer Baroy..........................Opposite Party Judgment November 4, 2009. Result: The order of stay granted earlier stands vacated. Lawyers Involved: Suraiya Begum, Advocate - For the Petitioner. No one appear......so Reported in: 15 BLC (HCD) (2010) 48...

Category: Civil Law | Date: | Hits: 130

Ayub Ali Khan Vs. Md. Abdur Raqib and others, 2009, 38 CLC (HCD)

....trar, at the instance of Bichar Shakha-7, of Ministry that plaintiff was not a resident of ward No. 17, but acting as an Imam of Police Line Jame Mosque of Ward No. 4 and also residing at Police Line Government staff quarter at Ward No. 4. He hails from village Mongolpur, Poiice Station-Lohagora, Di......ion) is disposed of. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 46. ......d in: 15 BLC (HCD) (2010) 46. ......is Case is also Reported in: 15 BLC (HCD) (2010) 46. ..

Category: Civil Law | Date: | Hits: 92

Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)

.... is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3-12-2000 is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 34. ......me Court High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Farid Ahmed J Sultana Jute Mills Ltd. and another....................Petitioners Vs. Bangladesh Bank and others……………………………Respondents Judgment April 5, 2007.......e is also Reported in: 15 BLC (HCD) (2010) 34. ...... ..

Category: Civil Law | Date: | Hits: 121

Baby Masum & another Vs. Bangladesh Film Development Corporation, 2009, 38 CLC (HCD)

.... Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 29. ......9. ......hy the proceeding, of CR Case No. 2355 of 2001 pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed or pass such other order or further orders as this Court may deem fit and proper. Further proceeding in the said CR Case was also stayed. None appears on behalf of the......2010) 29. ..

Category: Criminal Law | Date: | Hits: 95

Saudi Bangladesh Services Company Ltd. Vs. Saudi Arabian Airlines Corporation, represented by its Country Manager, 2009, 38 CLC (HCD)

....made a counter claim for Taka 161,75,29,583 along with interest @ 16% Per annum on the awarded sum. 3. The three-member Tribunal comprising of Mr. Justice MH Rahman, a former Head of the Caretaker Government and former Chief Justice of Bangladesh, Mr. M Amirul Islam, Senior Advocate, Supreme Cour......LR (HCD) (2009) 441.  ...... Corporation, represented by its Country Manager...........Respondent Judgment January 5, 2009. Result: The Award is hereby set aside. Cases Referred to- Sheik Abdulla Vs. MVRS Firm and Sons, 1924 Rangoon 153; Abu Hamid Zahira Ali Vs. Golam Sarwar, 22 CWN (1917-18), 301; European G......Judgment here. Supreme Court High Court Division (Original Statutory Jurisdiction) Present: Zubayer Rahman Chowdhury J Saudi Bangladesh Services Company Ltd...........Petitioner Vs. Saudi Arabian Airlines Corporation, represented by its Country Manager...........Respondent ..

Category: Alternative Dispute Resolution | Date: | Hits: 385

State Vs. Anwar Hossain and others, 2008, 37 CLC (HCD)

.... sentenced to imprisonment for life. The jail appeals are accordingly, disposed of. Send down the lower Court's records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 1. ...... Anisur Rahman Vs. State, 1986 BLD (AD) 79 = 1986 BCR (AD) 157; Billat Vs. State, 52 DLR (AD) 143; Shamsuddin Vs. State, 11 DLR (SC) 355; State Vs. Khasru @ Syed Mostafa Hossain, 43 DLR (AD) 182; Bangladesh (State) Vs. Paran Chandra Baroi, 2 BCR 292 = 1986 BCR (AD) 225; 1985 BLD 302; 7 BLT (AD...... Supreme Court High Court Division (Criminal Appellate Jurisdiction) Present: AKM Fazlur Rahman J ATM Fazle Kabir J State………………………Appellant Vs. Anwar Hossain and others.............Respondents Judgment August 21, 2008. Result: The appeals are dis...... BLC (HCD) (2010) 1. ..

Category: Criminal Law | Date: | Hits: 67

Chairman, Bangladesh Forest Industries Development Corporation (BFIDC) and another Vs. Md. Hatem Ali and others, 2011, 40 CLC (AD)

....y ground to interfere with the decision of the High Court Division. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 169. ......ion (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J The Chairman Bangladesh Forest Industries Development Corporation (BFIDC) and another…………………..Appel......bdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J The Chairman Bangladesh Forest Industries Development Corporation (BFIDC) and another…………………..Appellants Vs. Md. Hatem Ali and others…………………......uhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J The Chairman Bangladesh Forest Industries Development Corporation (BFIDC) and another…………………..Appellants Vs. Md. Hatem Ali and others………………………………………………..Respondents ..

Category: Employment/Service Law | Date: | Hits: 739

Government of Bangladesh and others Vs. Dhaka Match Industries Co. Ltd. and others, 2011, 40 CLC (AD)

.... (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Government of Bangladesh and others.................Petitioners Vs. Dhaka Match Industries Co.......resent: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Government of Bangladesh and others.................Petitioners Vs. Dhaka Match Industries Co. Ltd. and othe......Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Government of Bangladesh and others.................Petitioners Vs. Dhaka Match Industries Co. Ltd. and others...............Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Government of Bangladesh and others.................Petitioners Vs. Dhaka Match Industries Co. Ltd. and others............Respondents Judgment June 2, 2011..

Category: Civil Law | Date: | Hits: 131

Engineer A. B. Siddique Vs. Kazi Akramuddin and others, 2011, 40 CLC (AD)

....tself on 20.11.2003 within the knowledge of the writ-petitioner and they submitted their reports in the matter. Both the inquiry reports revealed that R.S. plot No.1435 is not an acquired land of the Government and that it is owned by writ-respondent No.7. The inquiry reports also disclosed that the......spondents Order August 23, 2011. Result: Leave is granted. Cases Referred to- Shahjadi Begum and others Vs. Mirza Gias Uddin, 21 BLD (AD) 59; Chairman of Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 46 DLR (AD) 145. Lawyers Involved: T. H. Khan, Seni...... Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Engineer A. B. Siddique…………………….......Petitioner Vs. Kazi Akramuddin and others……………………Respondents Order August 23, 2011. Result: Leave is gr......urendra Kumar Sinha J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Engineer A. B. Siddique…………………….......Petitioner Vs. Kazi Akramuddin and others……………………Respondents Order August 23, 2011. ..

Category: Property Law | Date: | Hits: 79