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Bengal Ceramic Industries Ltd. Vs. Chairman, Petro Bangla & others, 1984, 13 CLC (HCD)

....or temporary injunction in mandatory form. 3. Defendant No.2 appeared by filing a written objection and denying the material allegations made in the application for injunction, contended that the Government in exercise of the statutory powers, refixed the rate of gas for industrial category with......nience is in favour of the plaintiff. It may not be lost sight of that the plaintiff is an industrial concern, and gas is an indispensable energy for running the industry in a developing country like Bangladesh. We have noticed that the plaintiff’s unit was earlier operated by electricity. It had ......ngal Ceramic Industries Ltd ……………… Appellant Vs. Chairman, Petro Bangla & others……...Respondents. Judgment November 9, 1984. Cases Referred To- Abdul Barek Mia and others Vs. ABM Serajul Islam, 20 DLR 508; Abdul Saul Munshi Vs. Abu Bakar Siddique, 35 DLR (AD) ......16. ..

Category: Others | Date: | Hits: 132

Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)

....ority nova means that a ‘local authority’ shall mean and include a Pourashava, Zilla Board, Union Panchayet, Board of Trustees of a port or other authority legally entitled to or entrusted by the Government with the control or management of a Municipal or local or any corporation or other body o......509. ......s. 222, 223, 224, 225 of 1991, 27, 28, 29, 30, 31, 32, 34, 35, 36 of 1992. Judgment Syed Amirul Islam J.- As common question of law is involved in all these references, they were heard together and are being disposed of by this judgment. 2. Reference Application No.222 of 1991 arises out of......(2001) 509. ..

Category: Fiscal/Taxation Law | Date: | Hits: 86

ABM Ruhul Amin, Managing Director Vs. Bangladesh Freedom Fighters Welfare Trust and others, 1999, 28 CLC (HCD)

....d that in the earlier decision the respondent Bangladesh Inland Water Transport Corporation was directed to make delivery of the barges to the petitioner who entered into contract with the respondent Government to buy the same, and in the subsequent decision acceptance of the tender of a tenderer wh...... High Court Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Md. Mozammel Hussain J ABM Ruhul Amin, Managing Director……………….….Petitioner Vs. Bangladesh Freedom Fighters Welfare Trust and others…….Respondent Judgment February 8, 199......al Jurisdiction) Present: Kazi Ebadul Hoque J Md. Mozammel Hussain J ABM Ruhul Amin, Managing Director……………….….Petitioner Vs. Bangladesh Freedom Fighters Welfare Trust and others…….Respondent Judgment February 8, 1999. Cases Referred to- Mozaher Sawda......e Court High Court Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Md. Mozammel Hussain J ABM Ruhul Amin, Managing Director……………….….Petitioner Vs. Bangladesh Freedom Fighters Welfare Trust and others…….Respondent Judgment February..

Category: Property Law | Date: | Hits: 102

Sabed Ali Howlader and Others Vs. Abdul Barek and other, 1998, 27 CLC (HCD)

.... which was ultimately recorded in the names of Somed Ali, Safed Ali and Wares Ali. The defendant Nos.2 and 3 on 31-12-84 transferred their respective shares to Shahabuddin, son of defendant No.1. The Government of Bangladesh subsequently acquisitioned some portion of the land from the suit land for ......imately recorded in the names of Somed Ali, Safed Ali and Wares Ali. The defendant Nos.2 and 3 on 31-12-84 transferred their respective shares to Shahabuddin, son of defendant No.1. The Government of Bangladesh subsequently acquisitioned some portion of the land from the suit land for the purpose of...... possible preferably within 3 months. Ed. This Case is also Reported in: 51 DLR (1999) 204.......d. This Case is also Reported in: 51 DLR (1999) 204...

Category: Property Law | Date: | Hits: 102

Dil Mohammad Vs. Jamir Hossain and others, 2004, 33 CLC (HCD)

.... Atul vs. Rau Kishore, AIR 1956 Orissa 77, Muhammad Din vs. Atta Muhammad and others, PLD 1957 Lahore 971; Modan Mohan Pal Annosatra vs. Abdus Samad and others, 32 DLR 176, Kabiruddin and others vs. Government of Bangladesh and others, 43 DLR (AD) 201, Gurnek Singh and another vs. Gurbachan Singh a...... Kishore, AIR 1956 Orissa 77, Muhammad Din vs. Atta Muhammad and others, PLD 1957 Lahore 971; Modan Mohan Pal Annosatra vs. Abdus Samad and others, 32 DLR 176, Kabiruddin and others vs. Government of Bangladesh and others, 43 DLR (AD) 201, Gurnek Singh and another vs. Gurbachan Singh and others, AIR......pellate Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Huq J Dil Mohammad…………………………………………………………...Appellant Vs. Jamir Hossain and others…………………………………………..Respondents Judgment August 8, 200......ivision (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Huq J Dil Mohammad…………………………………………………………...Appellant Vs. Jamir Hossain and others…………………………………………..Respondents Judg..

Category: Property Law | Date: | Hits: 83

Birla Tyres & another Vs. Sonali Anash Trading (Pvt) Ltd. and others, 2004, 33 CLC (HCD)

.... Orders granting temporary injunction and ad interim mandatory injunction are hereby set aside. Plaintiffs shall bear cost all through. Ed. This Case is also Reported in: 58 DLR (2006) 84. ......hairman, Pakistan Eastern Railways, PLD 1965 (SC) 83; Serajuddin Bepari and others vs. Mizanur Rahman and others, 29 DLR (SC) 82; Liaquat Hossain Chowdhury vs. Mir Ali Hossain and others 1981 BLD 93; Bangladesh Tobacco Company Ltd. and others vs. Ms. M Arfan Khan and Company Ltd. 1983 BCR (AD) 18, H......isdiction) Present: Md. Abdur Rashid J SAB Mahmudul Huq J Birla Tyres & another ..................................................Petitioners Vs. Sonali Anash Trading (Pvt) Ltd. and others .........................Opposite Parties Judgment July 21, 2004 Cases Referred ......ourt Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J SAB Mahmudul Huq J Birla Tyres & another ..................................................Petitioners Vs. Sonali Anash Trading (Pvt) Ltd. and others .........................Opposite Parties Judgm..

Category: Civil Law | Date: | Hits: 148

Syed Abdul Alim alias Lalu Vs. DC, Dhaka and others, 2005, 34 CLC (HCD)

....osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ......dul Alim alias Lalu …………………Petitioner Vs. DC, Dhaka and others ……………………….Respondents Judgment November 16, 2005. Cases Referred to- Halima Khatun vs. Bangladesh, 30 DLR (SC) 207, Shahriar Rashid Khan vs. Bangladesh and others, 1998 BLD (AD) 155, Khan...... High Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Md. Fazlur Rahman J Syed Abdul Alim alias Lalu …………………Petitioner Vs. DC, Dhaka and others ……………………….Respondents Judgment November 16, 2005. Cases Referr....... ..

Category: Criminal Law | Date: | Hits: 52

Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)

....endant No. 2, partnership firm obtained lease of entire suit property as described in the schedule to the plaint for 99 years on 7-8-63 from the Public Works Department of the erstwhile East Pakistan Government. While said firm was thus in owner in possession a suit being Other Suit No. 228 of 1981 ......the appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 62. ......ivil Appellate Jurisdiction) Present: Syed AB Mahmudul Huq J Md. Abdur Rashid J Bengal Bricks Industries Ltd………………………….Appellant Vs. Al-haj Md. Ishaque Chowdhury and others.........................Respondents Judgment July 19, 2004. Cases Referred to- ...... Court High Court Division (Civil Appellate Jurisdiction) Present: Syed AB Mahmudul Huq J Md. Abdur Rashid J Bengal Bricks Industries Ltd………………………….Appellant Vs. Al-haj Md. Ishaque Chowdhury and others.........................Respondents Judgment Ju..

Category: Property Law | Date: | Hits: 71

Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)

.... line, water, etc was taken, in the name of Farida Rahman, to the house. Hamiduddin Ahmed then inducted monthly tenants in the house and out of the rents collected; he used to meet the expenditure of Government rents, Municipal taxes, electric and water bills and maintenance cost. 10. On 22-8-90 ......her father Hamiduddin Ahmed as her duly constituted attorney for construction of a house as per approved plan and design. During the period of construction of the house, Farida Rahman used to come to Bangladesh once/twice a year to see the progress of the work. In 1989, the construction was complete...... (Civil Original Jurisdiction) Present: Md. Abdur Rashid J Siddiqur Rahman Miah J Shamsul Haque…………………………………………...Appellant Vs. Luna Fahmida Rahman and others……………………. Respondents. Judgment January 21, 2004. Cases Ref...... High Court Division (Civil Original Jurisdiction) Present: Md. Abdur Rashid J Siddiqur Rahman Miah J Shamsul Haque…………………………………………...Appellant Vs. Luna Fahmida Rahman and others……………………. Respondents. Judgment Jan..

Category: Property Law | Date: | Hits: 139

Sultan Uddin Ahmed Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

.... High Court Division (Special Original Jurisdiction) Present: Mirza Hussain Haider J AFM Abdur Rahman J Sultan Uddin Ahmed ……………………….........Petitioner Vs. Government of Bangladesh and others.................... Respondents. Judgment July 4, 2005. ......Division (Special Original Jurisdiction) Present: Mirza Hussain Haider J AFM Abdur Rahman J Sultan Uddin Ahmed ……………………….........Petitioner Vs. Government of Bangladesh and others.................... Respondents. Judgment July 4, 2005. Lawyers Invo...... (Special Original Jurisdiction) Present: Mirza Hussain Haider J AFM Abdur Rahman J Sultan Uddin Ahmed ……………………….........Petitioner Vs. Government of Bangladesh and others.................... Respondents. Judgment July 4, 2005. Lawyers Involved: Md...... Court High Court Division (Special Original Jurisdiction) Present: Mirza Hussain Haider J AFM Abdur Rahman J Sultan Uddin Ahmed ……………………….........Petitioner Vs. Government of Bangladesh and others.................... Respondents. Judgment July 4, ..

Category: Business or Commercial Law | Date: | Hits: 234

World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....Original Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J World Tel Bangladesh Ltd………………………………………………………Petitioner Vs. Government of Bangladesh and others…………………………………Respondents. Judgment ............. Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J World Tel Bangladesh Ltd………………………………………………………Petitioner Vs. Government of Bangladesh and others…………………………………Respondents. Judgment April 23, 2005. Case......pecial Original Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J World Tel Bangladesh Ltd………………………………………………………Petitioner Vs. Government of Bangladesh and others…………………………………Respondents. Jud..

Category: Information Technology Law | Date: | Hits: 321

Hayes Haier Appliance Company Ltd. Vs. Secretary, Internal Resources Division, Ministry of Finance and others, 2005, 34 CLC (HCD)

....s after importing spare parts from abroad and then sell it in the local market. It is the case of the petitioners that supplementary duty on other electrical home appliances have been exempted by the Government while retaining supplementary duty on locally-made refrigerator pursuant to the SRO No. 1......of India (AIR 1978 (SC) 130), Maneka Gandhi vs. Union of India, AIR 1978 (SC) 597, DS Nakara vs. Union of India (AIR 1978 (SC) 130), Maneka Gandhi vs. Union of India AIR 1978 (SC) 597, Aftabuddin vs. Bangladesh, 48 DLR 1, Abul Hosain's case, 41 DLR (AD) 30, Southern Railway Company vs. Greane, 216 U......ussain Haider J Hayes Haier Appliance Company Ltd. … …………………………………………………….Petitioner Vs. Secretary, Internal Resources Division, Ministry of Finance and others....................... Respondents. Judgment August 5, 2005. Cases Referred to- ......iginal Jurisdiction) Present: Syed Amirul Islam J Mirza Hussain Haider J Hayes Haier Appliance Company Ltd. … …………………………………………………….Petitioner Vs. Secretary, Internal Resources Division, Ministry of Finance and others.........................

Category: Fiscal/Taxation Law | Date: | Hits: 81

Selim Reza Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

.... (Special Original Jurisdiction) Present: Md. Joynul Abedin J AKM Asaduzzaman J Selim Reza ………………………………………………………………Petitioner Vs. Government of Bangladesh and others………………………. Respondents. Judgment August 1......riginal Jurisdiction) Present: Md. Joynul Abedin J AKM Asaduzzaman J Selim Reza ………………………………………………………………Petitioner Vs. Government of Bangladesh and others………………………. Respondents. Judgment August 13, 2005. La......isdiction) Present: Md. Joynul Abedin J AKM Asaduzzaman J Selim Reza ………………………………………………………………Petitioner Vs. Government of Bangladesh and others………………………. Respondents. Judgment August 13, 2005. Lawyers Invol......vision (Special Original Jurisdiction) Present: Md. Joynul Abedin J AKM Asaduzzaman J Selim Reza ………………………………………………………………Petitioner Vs. Government of Bangladesh and others………………………. Respondents. Judgment A..

Category: Others | Date: | Hits: 114

Abdul Moin Vs. Bangladesh represented by the Secretary, Ministry of Land, Secretariat Building & others, 2001, 30 CLC (HCD)

....ssioner (Revenue), Sylhet against the order passed by the Assistant Commissioner (Land) asserting that the land in question was a vested property and, as such, it took settlement of the same from the Government and it was therefore rightly recorded in its name in the record of right. The petitioner ......HCD) (2001) 506. ...... (Special Original Jurisdiction) Present: Md. Joynul Abedin J ABM Khairul Haque J Abdul Moin ……………Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Land, Secretariat Building & others. ………………….Respondents. Judgment March 28, ......3 DLR (HCD) (2001) 506. ..

Category: Property Law | Date: | Hits: 95

Commissioner of Taxes Vs. Kushtia Sugar Mills Ltd., 2000, 29 CLC (HCD)

..... Accordingly, we answer the questions in the affirmative and against the revenue applicant. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 504.......such, it had paid incentive bonus under the provisions of the law and this incentive bonus is a new concept introduced in the industrial sector after the publication of the Wages Commission Report in Bangladesh which, in our opinion, is not related to the traditional concept of bonus which is contem......ojuddin Bhuiyan, Advocate—Respondent. Reference Application No. 9 of 1994. Judgment Syed Amirul Islam J.- In this referee application the revenue department calls in question the legality and propriety of the Judgment and order dated 22-11-93 passed by the Taxes Appellate Tribunal, Dhaka......1) 504...

Category: Fiscal/Taxation Law | Date: | Hits: 104

Afitan Nessa and others Vs. Government of the People’s Republic of Bangladesh and others, 2001, 30 CLC (HCD)

....DLR (HCD) (2001) 502.......gh Court Division (Civil Revisional Jurisdiction) Present: Md. Shamsul Huda J Afitan Nessa and others ………………….Petitioners Vs. Government of the People’s Republic of Bangladesh and others …………….Opposite Parties. Judgment August 09, 2001. Cases Re......as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 502.......in: 53 DLR (HCD) (2001) 502...

Category: Procedural Law | Date: | Hits: 106

Annada Prosad Das Vs. DC, Khulna and others, 2001, 30 CLC (HCD)

.... Abeda Khatun and another Vs. State of UP and others, AIR 1963 (Allahabad) 260, Md. Ayub Khan Vs. Commissioner of Police, Madras AIR 1965 (SC) 1623, lzhar Ahmed Vs. Union of India AIR 1962 (SC) 1052, Government of the People’s Republic of Bangladesh Vs. Abdul Hoque, 1982 BCR (AD) 143. Lawyers I......ed J Annada Prosad Das ……………………Appellant Vs. DC, Khulna and others………….Respondents. Judgment June 28, 2001. Cases Referred to- Mirza Shahab Ispahani Vs. Bangladesh, 40 DLR (AD) 116, Bangladesh Vs. Professor Golam Azam, 46 DLR (AD) 192, Abeda Khatun and ......CD) (2001) 496.......rted in: 53 DLR (HCD) (2001) 496...

Category: Immigration and Citizenship Law | Date: | Hits: 190

Anindra Bhusan Ghose Vs. Bangladesh Government, 2001, 30 CLC (HCD)

....HCD) (2001) 493.......n: 53 DLR (HCD) (2001) 493.......bu Sayeed Ahammed J Anindra Bhusan Ghose………………Appellant Vs. Bangladesh Government ………………Respondent. Judgment May 23, 2001. Case Referred To- Feroza Majid and another Vs. Jiban Bima Corporation, 39 DLR (AD) 76. Lawyers Involved: Sk Habibul Alam, Adv......orted in: 53 DLR (HCD) (2001) 493...

Category: Property Law | Date: | Hits: 85

Bangladesh Forest Industries Development Corporation and others Vs. Sheikh Abdul Jabbar, 2002, 31 CLC (HCD)

....Regulation (2) of Regulation 4 provides that no other enactments except those mentioned in the schedule shall be deemed to be applied in the Chittagong Hill Tracts. It is, however, provided, that the Government may by notification in the Gazette declare that any other enactment shall apply either wh...... costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 488. ......LR (HCD) (2001) 488. ...... High Court Division (Civil Revisional Jurisdiction) Present: Gour Gopal Shaha J S K Sinha J Bangladesh Forest Industries Development Corporation and others……….Petitioners Vs. Sheikh Abdul Jabbar……………Opposite Party. Judgment June 3, 2002. Lawyers Inv..

Category: Civil Law | Date: | Hits: 89

Parul Bala @ Parul Rani Shah Mondol Vs. Suruj Miah and others, 2001, 30 CLC (HCD)

....)68 is disposed of accordingly, the judgments and decrees of, the Courts below are set aside. The suit is decreed in full. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 481.......)68 is disposed of accordingly, the judgments and decrees of, the Courts below are set aside. The suit is decreed in full. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 481.......2001) 481.......in: 53 DLR (HCD) (2001) 481...

Category: Property Law | Date: | Hits: 83