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Shamim Begum Vs. Chairman Court of Settlement and others, 1999, 28 CLC (HCD)

....d to the Court of Settlement for disposal in accordance with law. In the result, this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 456.......se No.191 of 1988 (Ka 303) Mirpur, Dhaka should not be declared to have been passed without lawful authority and is of no legal effect. The petitioner has stated, inter alia, that after liberation of Bangladesh the property was wrongly enlisted as abandoned property and it was published in the offic......ourt Division (Special Original Jurisdiction) Present: Mohammad Fazlul Karim J Md. Ali Asgar Khan J Shamim Begum…………………Petitioner Vs. Chairman Court of Settlement and others ……………………Respondents Judgment August 11, 1999. Case Referred To- ...... (2000) 456...

Category: Procedural Law | Date: | Hits: 92

Abdul Awal (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)

....the Appellate Division and hence we allow the prayer and accordingly grant certificate for preferring appeal before the Appellate Division. Ed. This Case is also Reported in: 52 DLR (2000) 442. ...... Reference Application No.200 of 1991. Judgment Syed Amirul Islam J.- This reference application is directed against the judgment and order dated 17-9-90 passed by the Taxes Appellate Tribunal Bangladesh, Dhaka, in Income Tax Appeal No.1656 of 1985-86 (Assessment year 1981-82). 2. The asse......……………Applicant Vs. Commissioner of Taxes………………………………Respondent Judgment March 12, 2000. Cases Referred To- 29 ITR 30, 51 ITR (SC) 557, 145 ITR 225 and 55 ITR 630. Lawyers Involved: MA Noor Advocate—For the Applicant. Dabiruddin Ahmed, D......reme Court High Court Division (Special Statutory Jurisdiction) Present: Syed Amirul Islam J SAN Mominur Rahman J Abdul Awal (Md.) ………………………………Applicant Vs. Commissioner of Taxes………………………………Respondent Judgment March 12, ..

Category: Fiscal/Taxation Law | Date: | Hits: 96

Bibi Zarina and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)

....preme Court High Court Division (Special Original Jurisdiction) Present: Syed Amirul Islam J SAN Mominur Rahman J Bibi Zarina and others…………………Petitioners Vs. Government of Bangladesh and others………………………Respondents Judgment December 10...... High Court Division (Special Original Jurisdiction) Present: Syed Amirul Islam J SAN Mominur Rahman J Bibi Zarina and others…………………Petitioners Vs. Government of Bangladesh and others………………………Respondents Judgment December 10, 1998. Law...... This Case is also Reported in: 52 DLR (2000) 439.......439...

Category: Property Law | Date: | Hits: 90

Manager, Bangladseh Krishi Bank and others Vs. Al-Haj Md. Nurul Islam & another, 1999, 28 CLC (HCD)

....y set aside and Money Suit No.1 of 1991 of the Court of Subordinate Judge, Munshiganj in dismissed. There shall be no order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 434. ....... Nurul Islam & another………………..Respondents Judgment November 23, 1999. Cases Referred to- Hafizuddin Sarker and Lakjan Bewa being dead their heirs: Nur Hossain and others Vs. Bangladesh and others, 42 DLR (AD) 57; Sachindra Lal Das and others Vs. Hriday Ranjan Das being dead...... also Reported in: 52 DLR (2000) 434. ......igh Court Division (Civil Appellate Jurisdiction) Present: MM Ruhul Amin J Md. Abdul Matin J Manager, Bangladseh Krishi Bank and others……………………Defendant-Appellants Vs. Al-Haj Md. Nurul Islam & another………………..Respondents Judgment November 23, 1..

Category: Civil Law | Date: | Hits: 101

Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Aziz Pipes Limited, 2003, 32 CLC (AD)

....urren­cy loan at the rate of 4% above prevailing bank rate subject to a minimum of 14.50% per annum but the rate shall be finally determined on the basis of terms and conditions as received from the Government. The plaintiff claimed that New Industrial Policy (NTP) of 1982 came into force on 1.7.82...... Ed. This Case is also Reported in: II ADC (2005) 221. ...... Vs. Bangladesh Shilpa Rin Sangstha (BSRS)...........Respondent (In Civil Appeal No. 151 of 2001) Judgment August 11, 2003. Result: The Civil Appeal No. 95 of 2001 is dismissed and Civil Appeal No. 151 of 2001 is allowed in part. Lawyers Involved: A. K. M. Nazrul Islam,......reme Court Appellate Division (Civil) Present: KM Hasan CJ Mohammad Fazlul Karim J Md. Hamidul Haque J Bangladesh Shilpa Rin Sangstha (BSRS)..................Appellant Vs. Aziz Pipes Limited…......Respondent (In Civil Appeal No. 95 of 2001) Aziz Pipes Limit..

Category: Civil Law | Date: | Hits: 126

State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)

....রন লিপিবদ্ধ করিয়া জামিন মন্জুর করিতে পারিবে ।" 30. The learned Attorney General has referred to the case of Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others reported in 27 DLR (AD) 16. 31. In that ......, 2008. Result: The appeal is allowed. The Emergency Power Rules, 2007, Rule 19(gha) The expression Adalat or Tribunal in rule 19(gha) refer to all Courts including the Supreme Court of Bangladesh. Therefore under rule 19(gha) the Supreme Court is also debarred from granting bail to pe......J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J The State……………………………………………Appellant Vs. Moyezuddin Sikder and Others…………Respondent Judgment April 23, 2008. Result: The appeal is allow......Karim J MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J The State……………………………………………Appellant Vs. Moyezuddin Sikder and Others…………Respondent Judgment April 23, 2008. Resu..

Category: Criminal Law | Date: | Hits: 100

GM (West), Bangladesh Railway & other Vs. hairman, Labour Court, Rajshahi & another, 1986, 15 CLC (HCD)

....1969 was not le­gally maintainable as the labour court had no juris­diction to entertain the application of the respondent No. 2 since the respondent No. 2 is not workman under the I.R.O. but he is Government servant. In support of this contention Mr. Aftab Hossain, the learned Advocate referred t...... Reported in: 40 DLR (1988) 163. ......aying for a declaration that the order dated 15-4-84 passed by the Chief Personnel Officer (West), Bangladesh Rail­way promoting some, ad-hoc clerks superseding the petitioner was illegal, arbitrary and contrary to the rules. 3. The case of the respondent No 2, who was petitioner in the said I.R......Division (Special Original Jurisdiction) Present: Amin-Ur-Rahman Khan J Moham­mad Abdur Rouf J The General Manager (West) Bangladesh Railway & other.................Petitioners Vs. The Chairman, Labour Court, Rajshahi & another...............Respondent Judgment Se..

Category: Labour and Industrial Law | Date: | Hits: 170

Golam Rabbani Khandaker (Md.) and Others Vs. Hamida Bawa Shamsul Sheikh and others, 2001, 30 CLC (HCD)

.... is directed to proceed with the execution of Execution Case No.10- of 1986 as usual according to law, communicate this order at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 610.......her proceedings of the execution case pending before the executing court which has resulted in serious miscarriage of justice. He also cites the decision in the case of Alhaj Mirza Shamsuddin Beg Vs. Bangladesh and another reported in 41 DLR 356 where it has been held that the principle of construct......t once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 610.......(HCD) (2001) 610...

Category: Civil Law | Date: | Hits: 81

Abdul Waresh Vs. Md. Abdul Halim and others, 2001, 30 CLC (HCD)

....urts Act for setting aside the ex parte decree and for restoration of the said suit in its original file and number. 7. The said Miscellaneous case was fixed for hearing on 2-8-90 and 2-8-90 being Government holiday, the file was put up for hearing on 4-8-90 and the defendant-petitioner having be......t and the order dated 28-8-9 1 passed by the learned Subordinate Judge. Chittagong in Miscellaneous Case No. 493 of 1990 is affirmed. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 608. ...... in: 53 DLR (HCD) (2001) 608. ......s Case is also Reported in: 53 DLR (HCD) (2001) 608. ..

Category: Civil Law | Date: | Hits: 86

Sumikin Bussan Corporation Vs. Chittagong Port Authority and Others, 2001, 30 CLC (HCD)

.... declared accepting the decision No.8823 dated 13-9-2000 of the Chittagong Port Authority as contained in Annexure-B to the petition. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 599. ......rporation………….Petitioner Vs. Chittagong Port Authority and Others.........Respondents. Judgment June 4, 2001. Case Referred To- Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh and others 39 DLR (AD) 85. Lawyers Involved: Dr. Rafiqur Rahman with Sirajur Rahman......t Division (Special Original Jurisdiction) Present: Kazi AT Monowaruddin J Md. Muzammel Hossain J Sumikin Bussan Corporation………….Petitioner Vs. Chittagong Port Authority and Others.........Respondents. Judgment June 4, 2001. Case Referred To- Sharping Matsh...... 599. ..

Category: Others | Date: | Hits: 153

Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)

....adesh (‘Constitution’ for short). An easy way of the relevant provisions of the Constitution is to look at its preamble. The preamble of the Constitution declares in unqualified terms the kind of Government the people of Bangladesh gave to themselves by enacting its Constitution through its Cons......al Vs. Union of India and others, AIR 1991 (Bombay) 91; Monni Lal Vs. Parmai Lal and others, AIR 1971 (SC) 330; Vida Charan Shukla Vs. Purshottam Lal Kaushik, AIR 1981 (SC) 547; Mahbubuddin Ahmed Vs. Bangladesh Election Commission, 50 DLR 417; Serajul Huq Chowdhury Vs. Nur Ahmed Company and Wahidur ...... High Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J ABM Khairul Haque J Hussain Muhammad Ershad……….Petitioner Vs. Abdul Muqtadir Chowdhury and another……….Respondents. Judgment May 21, 2001. Cases Referred To- Bhanubhai M......(HCD) (2006) 261...

Category: Constitutional Law | Date: | Hits: 202

Abu Sayed Vs. State, 2001, 30 CLC (HCD)

....he time the Sessions Judge at Pabna Send down the records of the case at once if he is not wanted in connection with any other case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 559. ......he time the Sessions Judge at Pabna Send down the records of the case at once if he is not wanted in connection with any other case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 559. ......ot represented—the Opposite Party Jail Appeal No. 4103 of 1991. Judgment Md. Abdur Rashid J.- This appeal was presented under section 420 of the Code of Criminal Procedure against judgment and order dated 31-3-90 passed by the Sessions Judge, Pabna in Sessions Case No.33 of 1989 (arising ......3 DLR (HCD) (2001) 559. ..

Category: Criminal Law | Date: | Hits: 41

Sultan Mia (Md.) Vs. Hazi Md. Yusuf, 2001, 30 CLC (HCD)

....e of the matter expeditiously preferably within 3 months from the date of receipt of the order. Send down the lower Court records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 555. ......e of the matter expeditiously preferably within 3 months from the date of receipt of the order. Send down the lower Court records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 555. ......uf ………………Opposite Party. Judgment August 16, 2001. Lawyers Involved: KS Salahuddin Ahmed, Advocate—For the Petitioner. M Enayetur Rahman with Shahidul Islam, Md. Alamgir and Jail Gazi, Advocates—For the Opposite Party. Civil Revision No. 3254 of 2000. Judgment ......is also Reported in: 53 DLR (HCD) (2001) 555. ..

Category: Property Law | Date: | Hits: 82

Molla Mahjenul Islam Vs. State and others, 2001, 30 CLC (HCD)

.... the said hat till the disposal of the suit. In the application the petitioner stated that the Waqf Estate has the right to hold the Waqf portion of the Ahsangonj Hat which has not been vested in the Government either under the State Acquisition and Tenancy Act or under any other law, that no compen......rder as to costs. The status quo order passed by this Court earlier is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 552.......ed in: 53 DLR (HCD) (2001) 552.......s also Reported in: 53 DLR (HCD) (2001) 552...

Category: Property Law | Date: | Hits: 105

Anwar Hossain Vs. Election Commission of Bangladesh and others, 2001, 30 CLC (HCD)

....hman Chowdhury and the petitioner as its secretary general at the relevant time informed the President of the Republic about its decision by letter dated 17-6-1996 to support Awami League to form the Government as the single largest party in the Parliament stating that the decision of the party also......ourt High Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Nazrul Islam Chowdhury J Anwar Hossain ………..Petitioner Vs. Election Commission of Bangladesh and others……...Respondents. Judgment July 05, 2001. Case Referred To- Se......h Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Nazrul Islam Chowdhury J Anwar Hossain ………..Petitioner Vs. Election Commission of Bangladesh and others……...Respondents. Judgment July 05, 2001. Case Referred To- Secretary, Pa......R (HCD) (2001) 546. ..

Category: Constitutional Law | Date: | Hits: 196

Modhumala Vs. Director, Housing and Judgment Building Research Institute & others, 2000, 29 CLC (HCD)

....d-interim order from this Court and the eviction operation stopped for the time being. 4. In the writ petition it is further stated that eviction operation is against the guidelines adopted by the Government for rehabilitating basti people of the city, and said guideline was adopted at the instan......is a violation of human rights and that in pursuance of the strategy of alleviation among the urban poor and having regard to the fundamental rights as provided in the Constitution, the Government of Bangladesh approved a National H policy on 13-12-93 in its cabinet meeting and that though the Gover......540....... in: 53 DLR (HCD) (2001) 540...

Category: Property Law | Date: | Hits: 97

Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)

....s of the case, we direct the parties to bear their respective costs all through. Send down the lower Court’s Record immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 535. ......urn to the 2nd contention advanced on behalf of the defendant No.3 (opposite party No. 2) by Mr. KS Zaman, the learned Advocate. He has pointed out before us the President’s Order No.7 of 1973, the Bangladesh House Building Finance Corporation Order, 1973 of Article 21(3) which runs thus: “No......………Appellant Vs. Md. Qayum Mollah & others……...Opposite Parties. Judgment August 14, 2001. Cases Referred To- 43 DLR (AD) 78; 43 DLR (AD) 125; AIR 1975 All 341; Ram Chand Appellant Vs. Rain Swamp Respondent AIR 1952 Allahabad 654; Jalaluddin Mia Vs. Md. Yunus 1982 BC......LR (HCD) (2001) 535. ..

Category: Civil Law | Date: | Hits: 71

Shuinya @ Suruj Ali Vs. State, 2000, 29 CLC (HCD)

....e of the size of the blade;…………………………………………………………..” 10. Unfortunately, the Arms Act which is in force in Bangladesh, though was introduced by British Government in 1878, in spite of rapid changes in the society and changes in the nature of arms and a......f a profession), and flick-knives irrespective of the size of the blade;…………………………………………………………..” 10. Unfortunately, the Arms Act which is in force in Bangladesh, though was introduced by British Government in 1878, in spite of rapid changes in the so...... Vs. The Emperor IC 1927 page 935; Shahdin Vs. State PLD 1961 (Lahore) 704; State Vs. Amir Khan PLD 1963 (Peshawar) 54; Emperor Vs. Nga Lu Gale AIR 1928 (Rangoon) 49. Lawyers Involved: Subash Chandra Shaha, Advocate— For the Petitioner. Nikhilesh Dutta, Deputy Attorney-General — For the...... ..

Category: Criminal Law | Date: | Hits: 40

Government of Bangladesh Vs. ASM Ferojuddin Bhuiyan, 2000, 29 CLC (HCD)

....s immediate as possible. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 522. ...... possible. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 522. ......d in: 53 DLR (HCD) (2001) 522. ...... Revisional Jurisdiction) Present: AK Badrul Huq J Government of Bangladesh, represented by Secretary, Housing and Settlement Bangladesh Secretariat & others ...............Petitioner Vs. ASM Ferojuddin Bhuiyan…………………….Opposite Party. Judgment July 26, 2000. ..

Category: Property Law | Date: | Hits: 83

Nazrul Islam (Md.) and others Vs. Bangladesh, represented by the Secretary Ministry of Commerce and others, 2001, 30 CLC (HCD)

....t ABM Khairul Haque J.- This Rule Nisi under Article 102 of the Constitution of the People’s. Republic of Bangladesh was issued at the instance of Md. Nazrul Islam and another, calling upon the Government of Bangladesh and others to show cause as to why the Memo No.MC (AP) 7(17)/Fin/82/313 dat...... Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J ABM Khairul Haque J Nazrul Islam (Md.) and others…………………………………..Petitioners Vs. Bangladesh, represented by the Secretary Ministry of Commerce and others …………….Respondents......is also Reported in: 53 DLR (HCD) (2001) 519.......h Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J ABM Khairul Haque J Nazrul Islam (Md.) and others…………………………………..Petitioners Vs. Bangladesh, represented by the Secretary Ministry of Commerce and others …………….Resp..

Category: Others | Date: | Hits: 96