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Nizam Hazari Vs. State, 2001, 30 CLC (HCD)

....f law on the ground of procedural defect and technicality……………………………………(25) Cases Referred to- Sars Pal Singh Vs. State of Delhi, AIR 1999 (SC) 49, Nesar Ahmed Vs. Government of Bangladesh, DC, Noakhali and others, 49 DLR (AD) 111, Abdul Razzak Talukder Vs. State ......round of procedural defect and technicality……………………………………(25) Cases Referred to- Sars Pal Singh Vs. State of Delhi, AIR 1999 (SC) 49, Nesar Ahmed Vs. Government of Bangladesh, DC, Noakhali and others, 49 DLR (AD) 111, Abdul Razzak Talukder Vs. State 51 DLR 83, Mob......State ………………Respondent. Judgment May 2, 2001. Result: The appeal is dismissed. Evidence of police personnel It is a matter of common knowledge that now-a-days impartial and independent witnesses do not dare to come forward to give evidence against offenders, specifical......ment here. Supreme Court High Court Division (Criminal Appellate Jurisdiction) Present: AK Badrul Huq J AFM Mesbahuddin J Nizam Hazari…………………Accused-Appellant Vs. State ………………Respondent. Judgment May 2, 2001. Result: The appeal is d..

Category: Criminal Law | Date: | Hits: 58

Titas Gas Vs. Immense Washing Plant and others, 2001, 30 CLC (HCD)

....r paid a sum of Taka 1,22,215.48 vide a pay order dated 11-10-2000. The plaintiff was in default in the payment of gas bills which stood at Taka 17,69,974.86 as in March, 2001. Protecting the loss of Government revenue and to save itself, the defendant Titas Gas had no option but to snap the gas con......es of the Ministry of Law, Justice and Parliamentary Affairs, the Ministry of Power and Energy and the Chairman of the Law Commission. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 471. ......53 DLR (HCD) (2001) 471. ......is Case is also Reported in: 53 DLR (HCD) (2001) 471. ..

Category: Civil Law | Date: | Hits: 151

Milon @ Shahabuddin Ahmed Vs. State, 2001, 30 CLC (HCD)

.... he deposed falsely at the instance of the informant. He also stated that the deceased had the capability to disclose the names of his assailants. 8. P.W.3 Abdul Mannan was a student of Chittagong Government College at the relevant time and he stated that in the evening of 1-7-1979 he and Shafiqu...... Ahmed are hereby maintained. Send down the lower Court records along with a copy of this judgment to the Court concerned at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 464. ......oner Vs. State……….Opposite Party Judgment July 2, 2001. Cases Referred To- Kalyan Kumar Chowdhury Vs. The State, 1989 BLD (AD) 12; State Vs. Tota Mia, 51 DLR 244; Alkas Mia and others Vs. The State, 25 DLR 398; Alamgir Hossain (Md.) alias Alamgir Hossain and another Vs. St...... (2001) 464. ..

Category: Criminal Law | Date: | Hits: 35

Abdus Sukur (Md.) and others Vs. Bhasani Mandal and another, 2001, 30 CLC (HCD)

....gment and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452.......mpugned judgment and decree through false personification, and also by collusion with each other and practicing fraud upon the Court. The case of the defendant No.1 is that he has long been living in Bangladesh, possesses the suit land by cultivation through borgadar and Parul Bala lives in her othe......53 DLR (HCD) (2001) 452.......llate Division Judgment Here. Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Abdus Sukur (Md.) and others……….…Petitioners Vs. Bhasani Mandal and another………..Opposite Parties. Judgment July 17, 2001. Case..

Category: Property Law | Date: | Hits: 75

Seastar Shipping Lines Ltd. Vs. Bangladesh & others, 2001, 30 CLC (HCD)

....ract of supply of the cargo in question dated 12-1-1999 the letter of credit was negotiable for 90% value of the rice on submission of inspection certificate by SGS or any other agent approved by the Government of Bangladesh in respect of quality, quantity, packing etc. conforming to contract specif......001) 449.......2000. Judgment Md. Joynul Abedin J.- This Rule Nisi was issued calling upon the respondent Nos.1-3 to show cause why the impugned order, Annexure-K, detaining the vessel ‘MV Vishva Kaumudi’ and restraining her from leaving the territorial waters of Bangladesh should not be declared to have......HCD) (2001) 449...

Category: Admiralty Law or Maritime Law | Date: | Hits: 212

Gurvinder Singh Vs. Secretary, Ministry of Finance and others, 1992, 21 CLC (HCD)

....ced to respondent No.3 showing that the petitioner is not liable to pay taxes in Bangladesh because he drew his entire salary in USA where he paid taxes and that there exists an agreement between the Government of USA and the Government of Bangladesh relating to double taxation. Moreover, he is not ......spondent No.3. Writ Petition No. 1672 of 1992. Judgment Anwarul Haque Chowdhury J.- This Rule arises out of an application under Article 102 of the Constitution of the People’s Republic of Bangladesh and is directed against an order dated 27-4-92 issued by the respondent No.3 namely, the ...... High Court Division (Special Original Jurisdiction) Present: Anwarul Haque Chowdhury J KM Hasan J Gurvinder Singh…………..Petitioner Vs. Secretary, Ministry of Finance and others…………..Respondents. Judgment July 8, 1992. Lawyers Involved: Masood R ......3 DLR (HCD) (2001) 434. ..

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

Hamza Rubber Industries Vs. Golam Dastagir Gazi, 2001, 30 CLC (HCD)

.... is also discharged and order of ad-interim injunction granted at the time of issue of the Rule is also vacated. Communicate at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 430. ......- Abdul Jabbar and another Vs. Ahmad Jan, PLD 1973 Karachi 289; Messers Burney’s Industrial and Commercial Co. Ltd. Vs. Messers Rehman Match Works, PLD 1983 Karachi 357; Dacca Match Factory Vs. Bangladesh Match Factory, 30 DLR 244; De Cordova and others Vs. Vick Chemical Coy, Vol. LXVIII No.6 ......esent: Md. Abdur Rashid J Hamza Rubber Industries………. Appellant Vs. Golam Dastagir Gazi ……….. Respondents Judgment June 28, 2001. Cases Referred To- Abdul Jabbar and another Vs. Ahmad Jan, PLD 1973 Karachi 289; Messers Burney’s Industrial and Commercial Co. Lt......also Reported in: 53 DLR (HCD) (2001) 430. ..

Category: Intellectual Property Law | Date: | Hits: 230

Hamayet Uddin Ahmed Vs. First Court of Settlement, Bangladesh Abandoned Building & others, 2001, 30 CLC (HCD)

.... Uddin Ahmed………….….Petitioner Vs. First Court of Settlement, Bangladesh Abandoned Building & others..………….Respondents Judgment May 8, 2001 Cases Referred To- Government of Bangladesh represented by the Secretary, Ministry of Works Vs. A Jalil, 49 DLR (AD) 26......Division (Special Original Jurisdiction) Present: Syed JR Mudassir Hussain J Syed Mahmud Hussain J Hamayet Uddin Ahmed………….….Petitioner Vs. First Court of Settlement, Bangladesh Abandoned Building & others..………….Respondents Judgment May 8, 2001 C......(Special Original Jurisdiction) Present: Syed JR Mudassir Hussain J Syed Mahmud Hussain J Hamayet Uddin Ahmed………….….Petitioner Vs. First Court of Settlement, Bangladesh Abandoned Building & others..………….Respondents Judgment May 8, 2001 Cases Referred...... 426. ..

Category: Property Law | Date: | Hits: 103

Progoti General Insurance Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)

....ase of CIT, Kerala Vs. Travancore Sugars and Chemicals Ltd. reported in 90 ITR 307, took the law that when the transfer of price differential or the windfall profit in favour of the BPC was through a Government decision before it reaches the assessee, the principle of diversion of income by overridi......e Tax Ordinance, 1984 (hereinafter called “the Ordinance”) arises out of Judgment and order dated 17-2-93 passed in ITA No. 2575 of 1991 (Assessment year 1990-91) by the Taxes Appellate Tribunal, Bangladesh Bench-2, Dhaka. 2. The assessee-petitioner carried on business of General Insurance an........Respondent. Judgment June 11, 2000. Cases Referred To- Meghna Petroleum Co. Ltd. Vs. CIT 26 BTD (AD) 74 = 50 DLR (AD) 165; Shitaldas Tirathdas 41 ITR 367; Kerala Vs. Travancore Sugars and Chemicals Ltd. 90 ITR 3O7. Lawyers Involved: AFM Ferojuddin Bhuiyan, Advocate—For the Ap......01) 531. ..

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

Mainuddin Chowdhury & others Vs. State and another, 2001, 30 CLC (HCD)

....Siddique J Mainuddin Chowdhury & others…………………..Petitioners Vs. State and another…………………..Respondents Judgment April 19, 2001. Cases Referred To- Government of Sindh through the Chief Secretary & 4 others Vs. Haeesa Farooq & 5 others, 199......itioners No.4 be enlarged on bail to the satisfaction of the Deputy Commissioner, Chittagong, if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 416. ...... Court Division (Criminal Revisional Jurisdiction) Present: Md. Abdul Aziz J Hasan Foez Siddique J Mainuddin Chowdhury & others…………………..Petitioners Vs. State and another…………………..Respondents Judgment April 19, 2001. Cases Referred To- ......Court High Court Division (Criminal Revisional Jurisdiction) Present: Md. Abdul Aziz J Hasan Foez Siddique J Mainuddin Chowdhury & others…………………..Petitioners Vs. State and another…………………..Respondents Judgment April 19, 2001. Cases R..

Category: Criminal Law | Date: | Hits: 43

Abdul Mannan and another Vs. Bangladesh, 1999, 28 CLC (HCD)

....on) Present: Kazi Ebadul Hoque J Md. Muzammel Hossain J Abdul Mannan and another……………………..Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Local Government Rural Development and Co-Operative and others…………………….Respondents. Jud......ourt High Court Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Md. Muzammel Hossain J Abdul Mannan and another……………………..Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Local Government Rural Development and Co-Oper......his case is also Reported in: 52 DLR (2000) 471. ......preme Court High Court Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Md. Muzammel Hossain J Abdul Mannan and another……………………..Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Local Government Rural Development and ..

Category: Election Law | Date: | Hits: 97

A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)

....ated that whoever desires to make a high rise building in and around the old Airport, must take clearance first from the Civil Aviation Authorities. 22. The Secretary, the Ministry of Defence, the Government of Bangladesh got himself added as respondent 5 and opposed the Rule by filing a separate......Court High Court Division (Special Original Jurisdiction) Present: Md. Mozammel Hoque J Md. Abdur Rashid J A Rouf Chowdhury and another…………………..Petitioners Vs. Bangladesh and others ………………………………Respondents. Judgment May 2, 2000. ......s case is also Reported in: 52 DLR (2000) 461. ......upreme Court High Court Division (Special Original Jurisdiction) Present: Md. Mozammel Hoque J Md. Abdur Rashid J A Rouf Chowdhury and another…………………..Petitioners Vs. Bangladesh and others ………………………………Respondents. Judgment May 2, ..

Category: Property Law | Date: | Hits: 125

Mrs. Aruna Sen Vs. Govt. of the Peo­ple's Republic of Bangladesh and others, 1974, 3 CLC (HCD)

....ector-General of Police, Spl. Branch, Rajarbagh, Dacca. 5. The Officer-in-Charge, Mohammadpur, P. S. Dacca………….....Respondents Judgment September 17, 1974. Cases Referred to- Government of West Pakistan and another Vs. Begum Agha Abdul Karim Shorish Kashmiri 21 DLR (SC) 1—...... (Special Original Jurisdiction) Present: Debesh Chandra Bhattacharya J Abdur Rahman Chowdhury J Mrs. Aruna Sen……….....Petitioner. Vs. 1. Govt. of the Peo­ple's Republic of Bangladesh through the Secretary, Mi­nistry of Home Af­fairs, Dacca. 2. The Director, Rakkhi B......Rahman Chowdhury, J.- I agree. Ed. This Case is also Reported in: 27 DLR (1975) HCD 122. ...... ..

Category: Constitutional Law | Date: | Hits: 291

MA Bari and others Vs. Uttara Sarkari Officers Quarter Kallayan Samity and others, 2003, 32 CLC (HCD)

....s Quarter Kallayan Samity and others ...............Respondents Judgment March 1, 2003. Cases Referred to- Zobaida Naher @ Jharna Vs. Khairunnessa, 3 BLC (AD) 170; Nurul Husain (Md.) Vs. Government of Bangladesh, 1 BLC (AD) 219; Chandra Kanta and another Vs. Sheikh Habib, AIR 1975 SC 15......ayan Samity and others ...............Respondents Judgment March 1, 2003. Cases Referred to- Zobaida Naher @ Jharna Vs. Khairunnessa, 3 BLC (AD) 170; Nurul Husain (Md.) Vs. Government of Bangladesh, 1 BLC (AD) 219; Chandra Kanta and another Vs. Sheikh Habib, AIR 1975 SC 1500; Zenith Pac......his Case is also Reported in: 55 DLR (2003) 289. ...... ..

Category: Others | Date: | Hits: 119

Bangladesh House Building Finance Corporation Vs. Md. Abdul Hoque, 2002, 31 CLC (HCD)

.... of the Money Execution Case No. 88 of 1996. Communicate the order to the learned Joint District Judge, Artha Rin Adalat, Jessore at once. Ed. This Case is also Reported in: 55 DLR (2003) 270.......re at once. Ed. This Case is also Reported in: 55 DLR (2003) 270...........................Petition Vs. Md. Abdul Hoque ...........................Opposite party Judgment December 1, 2002. Case Referred To- Hridoy Mohan Sanyal Vs. Khagendra Nath Sanyal and others, 34 CWN 213. Lawyers Involved: Shaheed Alam, Advocate‑For the Petitioner. Not ...... High Court Division (Civil Revisional Jurisdiction) Present: Gour Gopal Saha J Sk Rezowan Ali J Bangladesh House Building Finance Corporation...........................Petition Vs. Md. Abdul Hoque ...........................Opposite party Judgment December 1, 2002. ..

Category: Property Law | Date: | Hits: 91

Hossain Khan (Md.) and others Vs. Government of Bangladesh & others, 2001, 30 CLC (HCD)

....Supreme Court High Court Division (Civil Appellate Jurisdiction) Present: Md. Fazlul Haque J NK Chakravartty J Hossain Khan (Md.) and others……………….Petitioners Vs. Government of Bangladesh & others…………….Respondents Judgment December 4, 2001. ...... High Court Division (Civil Appellate Jurisdiction) Present: Md. Fazlul Haque J NK Chakravartty J Hossain Khan (Md.) and others……………….Petitioners Vs. Government of Bangladesh & others…………….Respondents Judgment December 4, 2001. Cases Referre......his Case is also Reported in: 55 DLR (2003) 264. ......264. ..

Category: Property Law | Date: | Hits: 95

Amirul Islam (Md.) and others Vs. Thana Nirbahi Officer and others, 2000, 29 CLC (HCD)

....itioners have been regularly serving in their respective capacities in the said Madrasha since their appointment. They also received salaries up to April, 1998 and allowances including the portion of Government assistance. Their salaries and allowances were suddenly stopped since May, 1998 without a......sha but were not signed deliberately by the respondent No.1 and consequently, the allowances could not be collected and paid to them. 4. On 13-7-99 on the prayer of the petitioners respondent No.5 Bangladesh, represented by the Secretary Ministry of Education was also added and rule to the above ...... is also Reported in: 52 DLR (2000) 388. ......me Court High Court Division (Special Original Jurisdiction) Present: Md. Mozammel Hoque J Md. Abdur Rashid J Amirul Islam (Md.) and others ………………….Petitioners Vs. Thana Nirbahi Officer and others ………………Respondents Judgment April 5, 2000..

Category: Employment/Service Law | Date: | Hits: 84

Omar Ali Sheikh Vs. Shamsul Alam Mridha and others, 2002, 31 CLC (HCD)

....ion. The story of oral agreement for sale is absolutely false and he did not receive Taka 30,000 as earnest money. The defendant No. 1 is a landless cultivator. The original owner of the suit land is Government and the Government leased out the same to him for a period of 15 years. Accordingly a dee...... the Rule is discharged without any order as to cost. The order of stay granted at the time of the issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 257. ......me Court High Court Division (Civil Revision Jurisdiction) Present: Hasan Foez Siddique J Omar Ali Sheikh......................................Petitioner Vs. Shamsul Alam Mridha and others..............Opposite Parties Judgment December 10, 2002. Lawyers Involved: ......: 55 DLR (2003) 257. ..

Category: Property Law | Date: | Hits: 84

Talebuddin (Taleb) and another Vs. State, 2010, 39 CLC (AD)

....ks is dis­pensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the Court. Ed. This Case is also Reported in: VIII ADC (2011) 89 & 447. ......ail Appeal No.147 of 2004 and Jail Appeal No.166 of 2004). Order Mohammad Fazlul Karim J. - Delay is condoned. This application under Article 103 of the Constitution of the People's Republic of Bangladesh is directed against the judgment and order dated the 30th day of March, 2006 passed by th......Reported in: VIII ADC (2011) 89 & 447. ......preme Court Appellate Division (Criminal) Present: Mohammad Fazlul Karim CJ Bijan Kumar Das J ABM Khairul Haque J Talebuddin (Taleb) and another.................Petitioners Vs. The State………………………………………………….....Respondent Order ..

Category: Criminal Law | Date: | Hits: 43

State Vs. Md. Abdul Kuddus and others, 2010, 39 CLC (AD)

....se petitions are, therefore, dismissed with the above observations. 11. Let a copy of this judgment be com­municated to the Inspector of General Police and the Secretary, Ministry of Home Affairs Government of Bangladesh for taking legal actions in the light of the judgment. Ed. This Case ......re, therefore, dismissed with the above observations. 11. Let a copy of this judgment be com­municated to the Inspector of General Police and the Secretary, Ministry of Home Affairs Government of Bangladesh for taking legal actions in the light of the judgment. Ed. This Case is also Report...... (Criminal) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J The State………………..........Petitioner (In all the cases) Vs. Md. Abdul Kuddus and others………....Respondents (In Criminal Petition No. 42 of 2009) Ripon ................Re...... Appellate Division (Criminal) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J The State………………..........Petitioner (In all the cases) Vs. Md. Abdul Kuddus and others………....Respondents (In Criminal Petition No. 42 of 2009) ..

Category: Criminal Law | Date: | Hits: 47