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....llate Division
(Civil)
Present:
Md. Muzammel Hossain CJ
Surendra Kumar Sinha J
Md. Abdul Wahab Miah J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Md. Shamsul Huda J
Government of the People’s Republic of Bangladesh and another.........Appellants
Vs.
Md. Sha......
Md. Muzammel Hossain CJ
Surendra Kumar Sinha J
Md. Abdul Wahab Miah J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Md. Shamsul Huda J
Government of the People’s Republic of Bangladesh and another.........Appellants
Vs.
Md. Shahjahan and others……………………......el Hossain CJ
Surendra Kumar Sinha J
Md. Abdul Wahab Miah J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Md. Shamsul Huda J
Government of the People’s Republic of Bangladesh and another.........Appellants
Vs.
Md. Shahjahan and others……………………………......nha J
Md. Abdul Wahab Miah J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Md. Shamsul Huda J
Government of the People’s Republic of Bangladesh and another.........Appellants
Vs.
Md. Shahjahan and others………………………………………….Respondents
Judgm..
Category: Others | Date: | Hits: 138
....uzammel 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
The Chief Engineer, the Local Government and Engineering Department LGED Bhaban, Agargaon, Shere-E-Bangla Nagar,Dhaka...................g been made on proper appreciation of laws and facts do not call for interference.
Accordingly, all the leave-petitions are dismissed.
Ed.
This Case is also Reported in: 9 ADC (2012) 174.
......sain 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
The Chief Engineer, the Local Government and Engineering Department LGED Bhaban, Agargaon, Shere-E-Bangla Nagar,Dhaka....................Peti......i J
Md. Shamsul Huda J
The Chief Engineer, the Local Government and Engineering Department LGED Bhaban, Agargaon, Shere-E-Bangla Nagar,Dhaka....................Petitioners (In all the cases)
Vs.
Sanjoy Kumar Halder and others.......Respondents (In Civil Petition No.767 of 2011)
Koram..
Category: Others | Date: | Hits: 172
....High Court Division
(Special Original Jurisdiction)
Present:
Mainur Reza Chowdhury J
MM Ruhul Amin J
Ali Hossain Fakir (Md.) and 5 others………………………Petitioner
Vs.
Government of the People’s Republic of Bangladesh through the Secretary, Ministry of Home Affairs,......Jurisdiction)
Present:
Mainur Reza Chowdhury J
MM Ruhul Amin J
Ali Hossain Fakir (Md.) and 5 others………………………Petitioner
Vs.
Government of the People’s Republic of Bangladesh through the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others......lso Reported in: 50 DLR (HCD) (1998) 231.
......urt
High Court Division
(Special Original Jurisdiction)
Present:
Mainur Reza Chowdhury J
MM Ruhul Amin J
Ali Hossain Fakir (Md.) and 5 others………………………Petitioner
Vs.
Government of the People’s Republic of Bangladesh through the Secretary, Ministry of Home A..
Category: Employment/Service Law | Date: | Hits: 91
Khairul Bashar (Md.) and 8 others Vs. Collector of Customs and others, 1997, 26 CLC (HCD)
....on the basis of tariff value which was in force on the date when the Bill of Entry was presented for assessment of customs duty. In that decision it has been noticed that tariff value is fixed by the Government according to the suggestions of the high powered committee. In that case it has been held......ty to encash the bank guarantee in full in respect of the discharged Rules and in part in respect of the Rules made absolute in part. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 225. ......se is also Reported in: 50 DLR (HCD) (1998) 225. ...... Court High Court Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J AK Badrul Huq J Khairul Bashar (Md.) and 8 others…………………………Petitioners Vs. Collector of Customs and others………………………Respondents Judgment July 13,..Category: Fiscal/Taxation Law | Date: | Hits: 134
Kamal Miah (Md.) alias Nasim Vs. State and another, 1998, 27 CLC (HCD)
....nal Procedure, in a criminal appeal notice is required to be given to the appellant after the appeal is ready regarding the time and place where the appeal will be heard and also to an officer as the Government may appoint in this behalf. Except section 422 of the Code of Procedure, there is no othe......inion that the delay in this case in filing the revisional application may be condoned. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 224. ...... (1998) 224. ...... 50 DLR (HCD) (1998) 224. ..Category: Criminal Law | Date: | Hits: 63
Sentu Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....LR (HCD) (1998) 220.......) 220.......eme Court High Court Division (Special Original Jurisdiction) Present: Mahfuzur Rahman J M M Ruhul Amin J Sentu…………………….Petitioner Vs. Government of Bangladesh and others………………………..Respondents Judgment October 27, 1997. Result: Th......n: 50 DLR (HCD) (1998) 220...Category: Criminal Law | Date: | Hits: 63
Dr. Professor MA Hadi Vs. Bangladesh and others, 1997, 26 CLC (HCD)
....edies are available, to the petitioner under Article 52 of the Presidents Order No.11 of 1973 by way of appeal to the Vice-Chancellor or by going to the Administrative Tribunal as the petitioner is a Government servant. But the petitioner did not exhaust them before coming to this Court. He further ...... (HCD) (1998) 218. ......8) 218. ...... 50 DLR (HCD) (1998) 218. ..Category: Employment/Service Law | Date: | Hits: 120
Raquibuddin Ahmed Vs. SAM Iqbal and another, 1997, 26 CLC (HCD)
....contemner No.1 asked one of his subordinates to write to Shipping Ministry for necessary instruction. But the concerned officer was not authorised to make such correspondence with the Ministry as per Government’s directives which is annexed as Annexure-7 in the affidavit-in-reply. On 7-5-94 the Go...... them for not complying with the judgment and decree passed by the Courts. 3. Facts leading to the Contempt Rule are, in short, that in the year 1982 the petitioner was serving as Secretary of the Bangladesh Shipping Corporation (BSC). There were some allegations against him. Those allegations we......eme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Mozammel Haque J Md. Hassan Ameen J Raquibuddin Ahmed.......................Petitioner Vs. SAM Iqbal and another...........................Opposite Party Judgment August 6, 1997. Result: Th...... (1998) 209...Category: Others | Date: | Hits: 142
....pecial Original Jurisdiction)
Present:
Md. Mozammel Hoque J
Md. Abdul Matin J
Rieta Rahman…………Petitioner
Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of People’s Republic of Bangladesh and others……………Respondents
Judgment
...... 50 DLR (HCD) (1998) 201....... Mozammel Hoque J
Md. Abdul Matin J
Rieta Rahman…………Petitioner
Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of People’s Republic of Bangladesh and others……………Respondents
Judgment
November 18, 1996.
Result:
The Rule is ma...... in: 50 DLR (HCD) (1998) 201...
Category: Criminal Law | Date: | Hits: 76
....n in any Court or by any authority.”
In section 2(b) of the Ordinance “Authorised Officer” has been defined as “Authorised Officer” means a Magistrate of the First Class appointed by the Government, by notification in the Official Gazette, to exercise all or any of the powers of an Auth......d by the Authorised Officer in CR Case No.5 of 1990 is declared to have been made without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 195.
...... in: 50 DLR (HCD) (1998) 195.
......t Division
(Special Original Jurisdiction)
Present:
Md. Ruhul Amin J
Md. Iftikhar Rasool J
Chairman, Chittagong Port Authority Bandar Bhaban, Chittagong...................Petitioner
Vs.
Khadiza Khatun and others.......................Respondents
Judgment
February 18, 1998...
Category: Property Law | Date: | Hits: 103
Ibrahim Khalil Vs. State, 1998, 27 CLC (HCD)
.... this section the expression ‘Court of Sessions’ has been used. A Court of Sessions is established under section 9 of the Code of Criminal Procedure and under sub-section (1) of that section, the Government may appoint a Judge for such a Court and that Judge is called the Sessions Judge. Under s......he Sessions Judge for disposal in accordance with law and in the light of observations made above. Send down the lower records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 192.......…………..Petitioner Vs. State…………………Opposite Party Judgment March 10, 1998. Result: The Rule is made absolute. Case Referred To- Kamelshwar Singh Vs. Dharmandeo Singh, AIR 1957 Patna 375. Lawyers Involved: None appears - The Petitioner. Md. Musta......ported in: 50 DLR (HCD) (1998) 192...Category: Procedural Law | Date: | Hits: 69
....native village Kakabo PS Savar District Dhaka leaving the plain as his only heir to succeed him and since then he has been owning and possessing the suit property peacefully on payment of rent to the Government Acquired Estate. The plaintiffs further case is that while he has been in rightful posses......l Deputy Commissioner (Revenue), Dhaka and others....................Opposite Parties
Judgment
November 3, 1997.
Result:
The Rule is made absolute.
Cases Referred To-
Abul Khair Vs. Bangladesh and others, 32 DLR (AD) 29; Nitya Gopal Roy Barman Vs. Pran Gopal Nandi and others, 32 DL......Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 186....... also Reported in: 50 DLR (HCD) (1998) 186...
Category: Property Law | Date: | Hits: 111
Khodeja Begum & others Vs. Md. Sadeq Sarkar, 1994, 23 CLC (HCD)
....stitution of conjugal rights at present and in future filing of such suits. Let the records of this case be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 181. ...... basis of those exhibits which were not legally proved. The learned Advocate further submits that the decree is in executable as it is a relationship between a man and a woman and the Constitution of Bangladesh also guarantees equality and liberty of each irrespective of man and woman, caste or cree...... the Petitioners. Faruque Ahmed, Advocate - For the Opposite Party. Civil Revision No.5195 of 1991. Judgment Muhammad Abdul Mannan J.- This Civil Revision is directed against the Judgment and Decree dated 23-3-1986 passed by the Subordinate Judge, Chandpur in Title Appeal No.125 of 1984 ......R (HCD) (1998) 181. ..Category: Family Law | Date: | Hits: 185
Syed Masud Ali and others Vs. Md. Asmatullah and others, 1978, 7 CLC (AD)
....ty, to send a copy of the application to the Deputy Commissioner of the District where the property is situated to ascertain whether the property sought to be enrolled as waqf is khas property of the Government. Sub-section (6) says that if the application has not been rejected under tub-section (5)......first schedule land of the plain if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 249.......R (AD) (1979) 249.......n (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J KM Subban J Badrul Haider Chowdhury J Syed Masud Ali and others.............................Appellants Vs. Md. Asmatullah and others...........................Respondents Judgment November 21, ..Category: Trust/Waqf Law | Date: | Hits: 136
Commissioner of Income-Tax Vs. M/S. Jamiluddin Corporation Ltd., Bogra, 1979, 8 CLC (AD)
....mputing the total income to the assessee. In the result, therefore, the appeals are dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 242.......ue or arise or are deemed to accrue or arise to him in Pakistan during such year or …" 13. The question is whether such commission "accrued or arose or is "deemed to accrue or arise" to him in Bangladesh during previous years. The expression ''accrue or arise" or are "deemed to accrue or aris......mp; Co. Ltd. Vs. Commissioner of Income Tax, (1960) 39 I.T.R. 706; Puna Electric Supply Company Vs. Commissioner of Income Tax, (1965) 57 I.T.R. 521; Commissioner of Income Tax Vs. Shuroji Ballav Das and Company, (1962) 46. I.T.R. 144; Commissioner of Income Tax Vs. Chamanlal Mangaldas Co., (1956)...... (Civil) Present: Kemaluddin Hossain CJ Ruhul Munim J KM Subhan J Badrul Haider Chowdhury J Commissioner of Income-Tax………………………Appellant (In all the appeals) Vs. M/S. Jamiluddin Corporation Ltd., Bogra………………………..Respondents (In all the..Category: Fiscal/Taxation Law | Date: | Hits: 124
Mokarrom Hossain Daradi Vs. State, 2011, 40 CLC (AD)
....f the Code of Criminal Procedure filed before the High Court Division, the petitioner stated, inter alia, that the petitioner is a bona fide businessman who was granted lease of 155 acres land by the Government for establishing Fishery Firm and in due process after registration of the deed, the peti......etitioner. Accordingly, the leave petition Nos.257 of 2011, 258 of 2011 and 259 of 20011 are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 197.......ses) Momtaz Uddin Fakir, Additional Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Respondent (In all cases) Criminal Petition For Leave To Appeal Nos. 257, 258 and 259 of 2011. (From the judgment and order dated 07.04.2011 passed by the High Court Division ...... Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Mokarrom Hossain Daradi......................................Petitioner (In all cases) Vs. The State, represented by the Deputy Commissioner, Mymensingh...................Respondent (..Category: Criminal Law | Date: | Hits: 80
....ter alia, was that it was established on 07.08.2003, vide Education Ministry's Memo No. সিম/শাঃ ১৪/৮ বেঃ বি-৭/২০০৩/৩৮০, through provisional approval of the Government. After proper enquiry and investigation, the writ-respondents granted provisional approva......ly there are 217 faculty members. The first convocation of the petitioner-University was held on 20.07.2009 wherein the Chancellor of the University, the Hon'ble President of the People's Republic of Bangladesh was present. Dr. APJ Abdul Kalam, former Hon'ble President of India was the convocation s......ammel 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
University Grants Commission and another.................................Petitioners
Vs.
University of Information Technolo......hhab Miah J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
University Grants Commission and another.................................Petitioners
Vs.
University of Information Technology and Science and another…….Respondents
Judgment
..
Category: Others | Date: | Hits: 197
Kazi Mohammad Amin Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....ppellate Division (Civil) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Hassan Ameen J Kazi Mohammad Amin......................................................Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary A......ion (Civil) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Hassan Ameen J Kazi Mohammad Amin......................................................Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Dhaka ...... Md. Hassan Ameen J Kazi Mohammad Amin......................................................Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Dhaka & others................................Respondents Judgment......rt Appellate Division (Civil) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Hassan Ameen J Kazi Mohammad Amin......................................................Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliame..Category: Civil Law | Date: | Hits: 87
Mohamaya Rani Saha Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)
....aying rent their names were recorded in SA Khatian No.1090 in respect of the lands of Dag Nos.3123, 360 and 4011 and the balance 26 decimal land of Dag No.3123 was recorded in the Khas Khatian of the Government; SA recorded owner Shahjadi Begum sold her land to Dr. Ashequr Rahman in the year 1980; ......s and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 61. ...... Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Mohamaya Rani Saha....................................Petitioner Vs. Dr. Ashequr Rahman Khan and others..............Respondents Judgment November 9, 2008. Result: All the petitions......Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Mohamaya Rani Saha....................................Petitioner Vs. Dr. Ashequr Rahman Khan and others..............Respondents Judgment November 9, 2008. ..Category: Property Law | Date: | Hits: 76
New Dacca Industries Ltd. Vs. Quamrul Huda & others, 1979, 8 CLC (AD)
....tween the parties related to the maintainability of the application under Article 102. Respondent No.1 claimed that since he was no longer an employee of the company as its shares had vested in the Government, he became a government servant and was, therefore entitled to challenge the order of d......………..Appellant Vs. Quamrul Huda & others……………………………..Respondents Judgment January 16, 1979. Result: The appeal is allowed. Cases Referred to- Bangladesh Small Industries Corporation Vs. Mahbub Hossain, (1977) 29 DLR (SC) 41; Punjab Ali Vs. Mo...... Khan, Advocate, (absent) - For the Respondent No.1. K.A. Bakr, Attorney-General, instructed by S.S. Hoda, Advocate-on-Record - Amicus Curiae. Civil Appeal No.44 of 1978. (From the Judgment and Order dated 25.3.77 passed by the High Court in Writ petition No.205 of 1974). Judgment Ke......sion (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J KM Subhan J Badrul Haider Chowdhury J New Dacca Industries Ltd.……………………..Appellant Vs. Quamrul Huda & others……………………………..Respondents Judgment Janua..Category: Employment/Service Law | Date: | Hits: 104
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