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Md. Enayetur Rahman and others Vs. The Government of People’s Republic of Bangladesh and others, 2011, 40 CLC (HCD)

....Special Original Jurisdiction) Present: Md. Emdadul Huq J Md. Abu Zafor Siddique J Mr. Md. Enayetur Rahman and others………………………………………petitioners Vs. The Government of People’s Republic of Bangladesh and others…………Respondents Judgment Jun......sent: Md. Emdadul Huq J Md. Abu Zafor Siddique J Mr. Md. Enayetur Rahman and others………………………………………petitioners Vs. The Government of People’s Republic of Bangladesh and others…………Respondents Judgment June 1, 2011. Cases Referred to-&nbs......vision (Special Original Jurisdiction) Present: Md. Emdadul Huq J Md. Abu Zafor Siddique J Mr. Md. Enayetur Rahman and others………………………………………petitioners Vs. The Government of People’s Republic of Bangladesh and others…………Respondents Judg......ce. Md. Emdadul Huq J. - I agree. This Case is also Reported in: 64 DLR (HCD) (2012) 116. ..

Category: Civil Law | Date: | Hits: 147

Subodh Ranjan and others Vs. State, 1993, 22 CLC (HCD)

....nd they are acquitted of the charges. The accused appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521.......d 12 other BDR personnels went to Monoharpur, Comilla Town and raided the house named 'Lutfa House'. Thereafter the informant along with Battalion Commander, Magistrate and others on search recovered Bangladeshi Taka amounting to 13,95,798.00. Indian money amounting to Rupees 1,124.00 from a steel a...... (1993) 521.......os. 1 and 2 or in the alleged occurrence. 7. Mr. Abdul Matin Khasru, the learned Advocate for the appellant, has taken us through the FIR, evidence on record and the impugned Judgment. 8. P.W.1 Md. Moklesur Rahman NK Subedar JCO‑2490 29 Rifle Battalion stated that on 19.3.92 he was posted at..

Category: Criminal Law | Date: | Hits: 75

Hemendra Lal Homoeopathic Databya Chikitshalay and another Vs. The Administrator General and Official Trustee, 1991, 20 CLC (HCD)

....under section 3 of the Trust Act by the Competent Principal Civil Court of the Original Jurisdiction and so long as this appointment was not made the Administrator General and Official Trustee of the Government of Bangladesh should act as the Official Trustee". On 13.7.87 one Mr. Syed Muhammad Saleh...... deed the petitioner No.2 Ramendra as a reversionary heir of the settler Sakhi Lal Roy Chowdhury became the succeeding trustee in terms of the provision made in the deed as the only heir available in Bangladesh since the death of the third trustee, namely Profulla Nalini Roy Chowdhurani he has been ......12. ......the said suit was renumbered as Title Suit No.227 of 1994 and again on transfer to the Court of Munsif, Manikganj the same was renumbered as Title Suit No.56 of 1986 which was pending. On 24.5.86 one Md. Yakub Ali who was apprentice physician under Doctor Montosh Kumar Pal claiming to be beneficiary..

Category: Trust/Waqf Law | Date: | Hits: 183

Bangladesh Service Limited Vs. The Commissioner of Taxes, Dhaka (North) Zone, Dhaka, 1992, 21 CLC (HCD)

....r the Tribunal in deciding the question of depreciation under section 10(2)(vi) was justified, in the facts and circumstances of the case, in ignoring the fact, the property in question vested in the Government and was subsequently transferred to the applicant, and as such, the applicant as a succes...... This Case is also Reported in: 45 DLR (HCD) (1993) 510. ......diction) Present: AM Mahmudur Rahman J Syed JR Mudassir Hosain J Bangladesh Service Limited having its office at Dhaka Sheraton Hotel, 1 Minto Road, Dhaka…………………Applicant Vs. The Commissioner of Taxes, Dhaka (North) Zone, Dhaka....................Respondent Judgmen...... Vs. The Commissioner of Taxes, Dhaka (North) Zone, Dhaka....................Respondent Judgment March 31, 1992. Lawyers Involved: Rokan Uddin Mahmud, Advocate ‑ For Applicant. Md. Moksudur Rahman - Respondent. Application No.46 of 1985. Judgment AM Mahmudur Rahman J...

Category: Fiscal/Taxation Law | Date: | Hits: 139

State Vs. Sree Ram Krisna Nath (Ram Babu) and another, 2011, 40 CLC (AD)

....ompliance of the Court’s order. Let a copy of this judgment alongwith all the records be transmitted also to the Court of Cognizance Magistrate, Chittagong. Ed. This Case is also Reported in: ......g eight persons, including the principal respondent as accused. Accused Nos. 2-7 were the employees of the principal accused. Accused No. 2-7 were arrested and the recovered alamots were deposited in Bangladesh Bank, Chittagong. The principal accused Sree Krisna Nath surrendered before the High Cour......mud Hossain J Muhammad Imman Ali J Md. Momtazuddin Ahmed J Md. Shamsul Huda J The State…………………………………………………………………………Appellant Vs. Sree Ram Krisna Nath (Ram Babu) and another……... Respondents Judgment October 12, ......ransmitted also to the Court of Cognizance Magistrate, Chittagong. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 83

Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)

....rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96.  ......udgment July 27, 2011. Cases Referred to- Nizamuddowla Vs. Nurul Islam and ors. 22 DLR 277; Ramizuddin Miah Vs. Jarimunnessa and others, 15 BLD (AD) 52; People’s Republic of Bangladesh vs. Abul Kaiser Chowdhury and others, 37 DLR (AD) 85; Mahabir Prasad Vs. Jage Ram and oth......t  High Court Division (Civil Revision Jurisdiction) Present: Hasan Foez Siddique J Jahangir Hossain J Abdur Rahim…………………………………………Petitioner Vs. Momotaz Begum and others……………....Opposite parties Judgment July 27, 2011. ......nd others, AIR 1971 (SC) 742;  Taher Bhuiyan Vs. Sree Lal Mohon Mondal and others, 10 BLT (HCD) 127; Tara Miah and others Vs. Bhovotosh Das, 2 BLC (AD) 59; Abdul Kader Mondal and others Vs. Md. Shamsur Rahman alias Md. Shamsur Rahman Saha, 19 BLD (AD) 183. Lawyers Involved: Abul Kala..

Category: Limitation Law | Date: | Hits: 219

Md. Nazimuddin Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)

....n Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Nazimuddin……………………………………………………….Petitioner Vs. Government of Bangladesh and others…………………..Respondents Judgment August 25, 2011......J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Nazimuddin……………………………………………………….Petitioner Vs. Government of Bangladesh and others…………………..Respondents Judgment August 25, 2011. Cases Ref...... Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Nazimuddin……………………………………………………….Petitioner Vs. Government of Bangladesh and others…………………..Respondents Judgment August 2......itation. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 10. ..

Category: Administrative Law | Date: | Hits: 196

Jiban Bima Corporation and another Vs. A.K.M. Harun-Or-Rashid and others, 2011, 40 CLC (AD)

.... whether the High Court Division misconceived and misconstrued the provision of Rule 9 of the Bangladesh Service Rules Part-I, because of the fact that the declaration of age made by an applicant for Government Service at the time of or for the purpose of entry into Government service shall be deeme......was lawful. 5. A Division Bench of the High Court Division upon hearing both the parties and on consideration of the materials on record and taking into account the provisions of the Rule 9 of the Bangladesh Service Rules Part-I made the Rule absolute. 6. Being aggrieved by and dissatisfied wi......zmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Momtazuddin Ahmed J Md. Shamsul Huda J Jiban Bima Corporation and another……………………..Appellants Vs. A.K.M. Harun-Or-Rashid and others……………………..Respondents Judgment Novembe......r as to costs. The impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: | Hits: 58

Khapan Bittahin Co-operative Society Ltd. Vs. Nagendra Mahisya Das, Secretary, Nijkurua Matsyajibi Samabaya Samity Ltd. and others, 1991, 20 CLC (HCD)

.... dated 30.6.90 by the Upazila Fishery Officer, Balaganj, on receipt of writ (Annexures‑B and C respectively). The review petitioner undertook development as per approved scheme dated 17.6.90 of the Government and invested large sums of money. A copy of the scheme is annexed as Annexure‑'D'. 3......the right to appeal, is a substantive right and not a mere matter of procedure, and as such, neither of them is available unless it has been conferred by law. Under Article 105 of the Constitution of Bangladesh the Appellate Division of the Supreme Court has jurisdiction to review its judgment and o......Division (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Mainur Reza Chowdhury J Khapan Bittahin Co-operative Society Ltd……………Petitioner Vs. Nagendra Mahisya Das, Secretary, Nijkurua Matsyajibi Samabaya Samity Ltd. and others……â€......Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 502...

Category: Civil Law | Date: | Hits: 87

Commissioner of Taxes Vs. Md. Hasanuzzaman, 1993, 22 CLC (HCD)

.... costs. This order shall govern both the reference application Nos. 3 and 4 of 1989. We return the references with the above answer. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 500.......h the notices issued by Assistant Commissioner of Taxes. The appeals before the Appellate Joint Commissioner of Taxes failed. The assessee preferred second appeal before the Taxes Appellate Tribunal, Bangladesh, Dhaka Division (Bench). The assessee took the ground before the Tribunal that he had no ......Division (Statutory Original Jurisdiction) Present: AM Mahmudur Rahman J Syed JR Mudassir Husain J Commissioner of Taxes, Dhaka (West) Zone, Dhaka…………………..Applicant Vs. Md. Hasanuzzaman……………………Respondent Judgment February 9, 1993. Lawye......n (Statutory Original Jurisdiction) Present: AM Mahmudur Rahman J Syed JR Mudassir Husain J Commissioner of Taxes, Dhaka (West) Zone, Dhaka…………………..Applicant Vs. Md. Hasanuzzaman……………………Respondent Judgment February 9, 1993. Lawyers Invo..

Category: Fiscal/Taxation Law | Date: | Hits: 98

Yunus Mia (Md.) and others Vs. Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh and others, 1991, 20 CLC (HCD)

....nt: AM Mahmudur Rahman J Mahmudul Amin Choudhury J Yunus Mia (Md.) and others..........................Petitioners Vs. The Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh and others.........................Respondents Judgment April 28, 199......udur Rahman J Mahmudul Amin Choudhury J Yunus Mia (Md.) and others..........................Petitioners Vs. The Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh and others.........................Respondents Judgment April 28, 1991. Lawyers ......ourt High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Mahmudul Amin Choudhury J Yunus Mia (Md.) and others..........................Petitioners Vs. The Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh and...... is also Reported in: 45 DLR (HCD) (1993) 498...

Category: Property Law | Date: | Hits: 79

Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)

....ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ......e in their judgments. 29. At the outset, it is to be examined whether the appellant can raise any question not covered by the leave granting order. 30. Order XX Rule 5 of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988 provides as under: “The appellant shall not, witho......hhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Nurul Islam Chowdhury…………………………………….Appellant Vs. Morshedul Alam and Others………………………………Respondents Judgment July......t any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ..

Category: Property Law | Date: | Hits: 116

Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)

....Courts seeking coercive order to secure production of required documents; the Registrar can direct a Company to correct the documents supplied and may also report the circumstances of the case to the Government and the Government may, in turn, initiate criminal proceedings in appropriate circumstanc......, Senior Advocate with Ms. Tania Amir, Advocate instructed by Mrs. Mahmuda Begum, Advocate-on-Record-For Respondent No. 2. None represented-For Respondent Nos.1 & 3-4. Cases Referred to- Bangladesh Chemical Industries Corporation and another Vs. Registrar, Joint Stock Companies and anot......nh J Md. Abdul Wahhab Miah J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed Md. Shamsul Huda J Ms. Ok-Kyung Oh, Dhaka…………………………………….......Appellant Vs. Tea Hung Packaging (Bd) Ltd. and Others…………………. Respondents Judgment July......d. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ..

Category: Company Law | Date: | Hits: 235

Principal, Fulbaria College, Mymensingh Vs. Md. Helaluddin and Others, 2010, 39 CLC (AD)

....05 on behalf of the appellant that the teachers and employees of Fulbaria College including the writ petitioner gave an under taking on 15th September, 2001 to the effect that they would withdraw the Government's portion of the salary and benefits on the basis of their entitlement in the manner the ...... The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 11, 16 MLR (AD) (2011) 380, 8 LG (AD) (2011) 155, VIII ADC (2011) 941. ......ivil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Principal, Fulbaria College, Mymensingh………………………..Appellant Vs. Md. Helaluddin and Others……………………………………………… Respondent ...... also Reported in: 32 BLD (AD) (2012) 11, 16 MLR (AD) (2011) 380, 8 LG (AD) (2011) 155, VIII ADC (2011) 941. ..

Category: Employment/Service Law | Date: | Hits: 204

Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)

.... High Court Division (Special Original Jurisdiction) Present: Mohammad Ismail Uddin Sarker J Badrul Islam Chowdhury J Professor Golam Azam…………………..Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment August 12, 1992. R......ivision (Special Original Jurisdiction) Present: Mohammad Ismail Uddin Sarker J Badrul Islam Chowdhury J Professor Golam Azam…………………..Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment August 12, 1992. Result: The ......Court High Court Division (Special Original Jurisdiction) Present: Mohammad Ismail Uddin Sarker J Badrul Islam Chowdhury J Professor Golam Azam…………………..Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment August 12, 199....... 153. I, therefore, having agreed with the Judgment delivered by BI Chowdhury, J make the Rule absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 423. ..

Category: Immigration and Citizenship Law | Date: | Hits: 343

Hansa International and another Vs. Eastern Pharma Ltd., 1993, 22 CLC (HCD)

....sets of its own to the costs and expenses for its dissolution. The Official Liquidator, in such a situation, in my opinion, is left with no other alternative but to seek fund for dissolution from the Government. The Official liquidator as I understand and Mr. Ahmed Nurur Reza also informs me that th......th the direction that the Official Liquidator is to seek fund from the Government for the purpose of dissolution of Eastern Pharma Ltd. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 482....... DLR (HCD) (1993) 482.......th the direction that the Official Liquidator is to seek fund from the Government for the purpose of dissolution of Eastern Pharma Ltd. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 482...

Category: Company Law | Date: | Hits: 205

Bangladesh Vs. Bangladesh Italian Marble Works Ltd. and others, 2011, 40 CLC (AD)

.... 6 to handover possession of Moon Cinema Hall within 3(three) months free from all encumbrances and/or to resolve the dispute amicably within the said period. Ed. This Case is also Reported in: ......eported in: ......ha J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Bangladesh, represented by the Secretary, Ministry of industries and others ……..Petitioners (In both the cases) Vs. Bangladesh Italian Marble Works Ltd. and others………………………………………â......onths free from all encumbrances and/or to resolve the dispute amicably within the said period. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: | Hits: 222

Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)

.... of 2010 pending before the International Crimes Tribunal, Dhaka. 2. It has been stated in the petition that the petitioner is the Ameer of Jamaat-e-Islami, Bangladesh. He is an ex-Minister of the Government of the People's Republic of Bangladesh. However, on 26-7-2010, upon an application by the......­dings of ICT-BD Miscellaneous Case No.1 of 2010 pending before the International Crimes Tribunal, Dhaka. 2. It has been stated in the petition that the petitioner is the Ameer of Jamaat-e-Islami, Bangladesh. He is an ex-Minister of the Government of the People's Republic of Bangladesh. However, ...... Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Moyeenul Islam Chowdhury J AKM Abdul Hakim J Maulana Motiur Rahman Nizami..................Petitioner Vs. State………………….....................................Opposite-Party Judgment ......tiur Rahman Nizami..................Petitioner Vs. State………………….....................................Opposite-Party Judgment December 15, 2010. Cases Referred To- Syed Md. Hashem Vs. State, 48 DLR (AD) 87; Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38; Ali Akkas Vs..

Category: Criminal Law | Date: | Hits: 103

Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)

....d others, PLD 1996 Supreme Court 324;Bangladesh, represented by the Secretary, Ministry of Justice and Parliamentary Affairs Vs. Md. Idrisur Rahman, Advocate, 29 BID (AD) 79; SN Goswami, Advocate Vs. Government of the People's Republic of Bangladesh, 55 DLR 332. Lawyers Involved: Hassan MS Az...... High Court Division (Special Original Jurisdiction) Present: Md. Imman Ail J Obaidul Hassan J Hassan MS Azim and three others...............................Petitioners Vs. Bangladesh………………………….......................................Respondents Judgme......e Court High Court Division (Special Original Jurisdiction) Present: Md. Imman Ail J Obaidul Hassan J Hassan MS Azim and three others...............................Petitioners Vs. Bangladesh………………………….......................................Respondents ......erpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ..

Category: Constitutional Law | Date: | Hits: 228

Habibullah (Md.) and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....adesh and others……………………………………...Respondents Judgment January 28, 2007. Cases Referred To- Sankar Gopal Vs. Additional Commissioner 41 DLR 326; Md. Ismail Vs. Government of Bangladesh 34 DLR (1982) 4. Lawyers Involved: Md. Nazrul Islam with AHM Kamruzza......High Court Division (Special Original Jurisdiction) Present: Salma Masud Chowdhury J Syed Refaat Ahmed J Habibullah (Md.) and others...........................Petitioners Vs. Bangladesh and others……………………………………...Respondents Judgment Januar......urt High Court Division (Special Original Jurisdiction) Present: Salma Masud Chowdhury J Syed Refaat Ahmed J Habibullah (Md.) and others...........................Petitioners Vs. Bangladesh and others……………………………………...Respondents Judgment ...... Case is also Reported in: 16 BLC (2011) 794. ..

Category: Property Law | Date: | Hits: 104