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Fatema Khatun Vs. Wach Khatun and others, 1998, 27 CLC (HCD)

.... Amirul Kabir Chowdhury J Fatema Khatun……….…Appellant Vs. Wach Khatun and others…………….Respondents Judgment March 5, 1998. Case Referred to- Nurul Hossain vs. Government of Bangladesh and others 49 DLR (AD) 108. Lawyers Involved: Mahinudul Islam, Advoca......Chowdhury J Fatema Khatun……….…Appellant Vs. Wach Khatun and others…………….Respondents Judgment March 5, 1998. Case Referred to- Nurul Hossain vs. Government of Bangladesh and others 49 DLR (AD) 108. Lawyers Involved: Mahinudul Islam, Advocate — For the......e. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 28. ......1996. Judgment Amirul Kabir Chowdhury J. - This First Miscellaneous appeal is directed at the instance of the plaintiff appellants challenging the judgment and order dated 19-5-96 passed by Mr. Md. Muniruzzaman, Subordinate Judge, 1st Court, Feni in Miscellaneous Case (Review) No.55 of 1995 se..

Category: Property Law | Date: | Hits: 59

Kazi Obaidul Haque Vs. State, represented by Deputy Commissioner, 1998, 27 CLC (HCD)

....r calling upon the Deputy Commissioner, Rajshahi, to show cause as to why the Order dated 28-9-92 fixing the date of trial on 24-10-92 in respect of the petitioner without obtaining sanction from the Government should not be quashed. 2. The relevant facts, in short, are that, one Md. Ali Baksh Pr......e Station Case No. 2 dated 18-11-91 is hereby quashed and the Rule is made absolute. The petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 25.......so Reported in: 51 DLR (HCD) (1999) 25.......is made absolute. The petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 25...

Category: Criminal Law | Date: | Hits: 50

Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)

.... copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ....... The Artha Rin Adalat, Narayangonj and others………….... Respondents Result: The Rule is made absolute. Judgment November 11, 2010. Case Referred to- Md. Delwar Hossain Vs. Bangladesh and others, 24 BLD (HC) 323. Lawyers Involved: Abdur Razzaq with Shahjada Al-Amin K...... also Reported in: ...... at once. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 183

Md. Solaiman Ali Hamedi Vs. Abu Sayeed Mondol, 2011, 40 CLC (HCD)

.... Madrasa and its Superintendent, Police Station Mithapukur, District Rangpur and the Police Super, Rangpur for compliance. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......h effect from 21.10.1999. No subsistence allowance was given to him, which he was entitled to under the law. Subsequently he was dismissed on 16.10.2004, which the Appeal and Arbitration Committee of Bangladesh Madrasah Education Board approved and communicated the decision to the petitioner by Memo......s Case is also Reported in: ......ce Super, Rangpur for compliance. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 68

SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....e with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. This Case is also Reported in:20 BLT (HCD) (2012) 15. ....... ......012) 15. ......azmun Ara Sultana J.- I agree. This Case is also Reported in:20 BLT (HCD) (2012) 15. ..

Category: Procedural Law | Date: | Hits: 95

Shahina Begum Vs. Bangladesh, 2003, 32 CLC (HCD)

....Court Division (Special Original Jurisdiction) Present: Amirul Kabir Chowdhury J Md. Nizamul Huq J Shahina Begum...................................................Petitioner Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Home Aff......risdiction) Present: Amirul Kabir Chowdhury J Md. Nizamul Huq J Shahina Begum...................................................Petitioner Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Home Affairs and others……………………...... High Court Division (Special Original Jurisdiction) Present: Amirul Kabir Chowdhury J Md. Nizamul Huq J Shahina Begum...................................................Petitioner Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of H......t any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 224...

Category: Criminal Law | Date: | Hits: 55

Badal Kumar Paul Vs. State, 2003, 32 CLC (HCD)

....the axiom that the ignorance of law is no defence requires the law, particularly such harsh law claiming life, should be simple and flawless for easy understanding of the people on the street. If the Government thinks that use or consumption of Phensidyl is hazardous or harmful to public health, it ......e find use of codeine phosphate in our country as cough suppressant in indication of dry or painful cough; diarrheas; pain. We also find use of Chlorpheniramine maleate as sedative antihistamines; Cf Bangladesh National Formulary (BDNF), 2001, pages 127 and 129 respectively published by the Director......3) 218.......be sent to the Directorate of Narcotics for guidance. Ed. This Case is also Reported in: 55 DLR (2003) 218...

Category: Criminal Law | Date: | Hits: 90

Subasish Das (Bobby) and three others Vs. Bangladesh University of Engineering and Technology and others, 1999, 28 CLC (HCD)

....dgment application for direction to allow the petitioner of the respective Rule to appear in the ensuing examination is also hereby rejected. Ed. This Case is also Reported in: 51 DLR (1999) 563.......t High Court Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Md. Muzammel Hossain J Subasish Das (Bobby) and three others……………..Petitioners Vs. Bangladesh University of Engineering and Technology and others…………Respondents Judgment ......me Court High Court Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Md. Muzammel Hossain J Subasish Das (Bobby) and three others……………..Petitioners Vs. Bangladesh University of Engineering and Technology and others…………Respondents Judg......ation is also hereby rejected. Ed. This Case is also Reported in: 51 DLR (1999) 563...

Category: Others | Date: | Hits: 116

Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)

....nciple would require to be applied with even greater strictness than in the case of a private individual. That is because of the paramount importance which must be given by every organ of a civilized Government, in which the administration of justice is retained as an integral part of the machinery,......ses were in fact the orders passed in granting ‘remand’. The issues related to ‘remand’ orders have been decided by the High Court Division in disposing of the Writ Petition No. 3806 of 1998 (Bangladesh Legal Aid and Services Trust (BLAST) and others Versus Bangladesh and others), making spe......bu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Riaz Uddin Khan, Advocate and another………………………………. Petitioners. Vs. Mahmudur Rahman and others…………………………………….Respondents. Judgment......Ed. This Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ..

Category: Criminal Law | Date: | Hits: 163

MA Qasem Vs. Subordinate Judge, Artha Rin Adalat and others, 1999, 28 CLC (HCD)

....en prejudiced in any respect or manner. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 341. ...... Writ Petition No. 1406 of 1995. Judgment Md. Ruhul Amin J.- This Rule has been obtained upon an application filed under Article 102(2) (a) (ii) of the Constitution of the Peoples Republic of Bangladesh impugning the order dated 9-4-1995 (order No.15 dated 9-4-1995) of the Court of Subordina......00) 341. ......is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 341. ..

Category: Civil Law | Date: | Hits: 90

Serajul Hoque Vs. Commissioner of Taxes, Intelligence and Investigation Zone Dhaka, 1999, 28 CLC (HCD)

....ion raised in this reference is answered in the negative and in favour of the assessee applicant. There will be no order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 338.......III, Dhaka, preferred an appeal to the Taxes Appellate Tribunal, Dhaka which was registered as ITA No.678 of 1990-91 (Assessment years, 1986-87). The appeal was heard by the Taxes Appellate Tribunal, Bangladesh, Additional Bench-2 Dhaka and passed an order on 22-7-1991 whereby it allowed gift of Tak......t High Court Division (Special Original Jurisdiction) Present: Syed Amirul Islam J Shah Abu Nayeem Mominur Rahman J Serajul Hoque………………………………..Applicant Vs. Commissioner of Taxes, Intelligence and Investigation Zone Dhaka …………Respondent Ju......ing the wealth statement, the DCT found an increase in wealth of Taka 2, 48,962.00 which the assessee contended to be out of the sum of Taka 2, 80,000.00 received as gift from two persons, namely, Md. Keramat Ali and Md. Abdul Kashem. In support of the gift the assessee submitted affidavits made ..

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

Eman Ali Mallik Vs. State, 2000, 29 CLC (HCD)

.... 6(5) of the Criminal Law Amendment Act, 1958 which provides as follows: “Notwithstanding anything contained in the Code of Criminal Procedure, 1898 or in any other law, previous sanction of the Government shall be required for prosecution of a public servant for an offence under this Act, and ......efore the Chairman and Secretary. Thana Central Co-operative Society Ltd. Rajbari praying for a shallow tube-well machine to be set up for his samity on taking loan from the local Sonali Bank through Bangladesh Rural Development Board, Rajbari during the financial year 1985-86. The Rural Development......lso Reported in: 52 DLR (HCD) (2000) 335.......tencing them thereunder to suffer RI for 2 years and to pay a fine of Taka 19,721.95 in default, to suffer RI for a further period of 1 year. 2. The prosecution case, in short, is that on 31-10-92 Md. Wazad Ali, an Inspector of the Bureau of Anti-Corruption, Faridpur lodged an First Information R..

Category: Criminal Law | Date: | Hits: 43

Shawn Apparels Ltd. Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)

....ssue the impugned order. 6. Mr. Syed Istiaque Ahmed, the learned Advocate appearing for the petitioner company, submits that the petitioner entered into the deal through the instrumentality of the Government or through their agent and relying on the assurance of the respondents they have made an ......r of Customs wherein it was revealed that no letter of credit was opened by the Agrani Bank for the import of the goods in question. It is, thus, detected that the goods in question were brought into Bangladesh under fictitious non-existent LCs. It is further asserted that the 40 ft. container arriv...... High Court Division (Special Original Jurisdiction) Present: Syed Amirul Islam J Shah Abu Nayeem Mominur Rahman J Shawn Apparels Ltd…………………………….Petitioner Vs. Commissioner of Customs and others……………Respondents Judgment December 8, 199......ecretary of Finance (IRD), 2) Secretary, Ministry of Commerce, 3) Chairman, the National Board of Revenue for necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 316. ..

Category: Fiscal/Taxation Law | Date: | Hits: 83

Rabia Bashri Irene and another Vs. Bangladesh Biman Corporation, represented by MD. & another, 2000, 29 CLC (HCD)

....ers in their affidavit-in-reply to the affidavit-in-opposition stated that they were not aware of such Boards resolution dated 18-7-93 and the alleged resolution dated 18-7-93 was not approved by the Government nor it was published in the official Gazette. 9. The petitioners in their affidavit-in......me Court High Court Division (Civil Revisional Jurisdiction) Present: Kazi AT Manowaruddin J Md. Arayesuddin J Rabia Bashri Irene and another……………..Petitioners Vs. Bangladesh Biman Corporation, represented by MD. & another……………Respondents Judgment...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Kazi AT Manowaruddin J Md. Arayesuddin J Rabia Bashri Irene and another……………..Petitioners Vs. Bangladesh Biman Corporation, represented by MD. & another……………Respondents J......eported in: 52 DLR (HCD) (2000) 308. ..

Category: Employment/Service Law | Date: | Hits: 113

Golam Mostafa (Md.) and 2 others Vs. Bangladesh Jute Mills Corporation and others, 1999, 28 CLC (HCD)

....oration and another reported in 41 DLR 138, Mustafa Kamal J, as the learned Chief Justice was then, held, inter alia, that- “The petitioner is an employee of a statutory corporation. He is not a Government servant. He cannot claim a second opportunity to show cause as a matter of right. But if ......upreme Court High Court Division (Special Original Jurisdiction) Present: Md. Fazlul Karim J Md. Ali Asgar Khan J Golam Mostafa (Md.) and 2 others ………..Petitioners Vs. Bangladesh Jute Mills Corporation and others..................Respondent Judgment July 11, 199......299. ......ted to reinstate the petitioners in service. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 299. ..

Category: Employment/Service Law | Date: | Hits: 87

Lakshmi Bazar Shahi Masjid Committee and another Vs. St Francis Xavier’s Girls High School, 1999, 28 CLC (HCD)

.... all previous Record of Rights plaintiff School’s name was recorded. The plaintiff School has been exercising acts of ownership and possession on the suit property on regularly paying rents to the Government and also taxes to the Municipal Corporation now City Corporation, Dhaka. The defendant La......ranted at the time of issuance of the Rule stands vacated. Let a copy of this judgment be sent to the concerned Court below immediately. Ed. This Case is also Reported in: 51 DLR (1999) 557. ......ported in: 51 DLR (1999) 557. ......ranted at the time of issuance of the Rule stands vacated. Let a copy of this judgment be sent to the concerned Court below immediately. Ed. This Case is also Reported in: 51 DLR (1999) 557. ..

Category: Property Law | Date: | Hits: 68

Ibrahim Cotton Mills Ltd. and others Vs. Chittagong Chamber of Commerce and Industry and others, 1999, 28 CLC (HCD)

....reinafter referred to as ‘Chamber of Commerce’ was incorporated as a company under section 26 of the erstwhile Companies Act, 1913 on being granted licence by the Ministry of Commerce of the then Government of Pakistan under section 3 of the Trade Organisation Ordinance, 1961. 5. The Chamber ......he Companies Act be returned to the petitioner. The petitioner may refer the matter to the said Arbitration Tribunal, if so advised. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 538.......eme Court High Court Division (Statutory Original Jurisdiction) Present: Kazi AT Manowaruddin J Ibrahim Cotton Mills Ltd. and others………………………………. Petitioners Vs. Chittagong Chamber of Commerce and Industry and others………………Respondents Judgm......he Companies Act be returned to the petitioner. The petitioner may refer the matter to the said Arbitration Tribunal, if so advised. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 538...

Category: Company Law | Date: | Hits: 198

Khurshid Alam Vs. Securities and Exchange Commission and others, 1999, 28 CLC (HCD)

....he result, the Rule is discharged with cost of Taka 10,000.00 (ten thousand) to be paid by the petitioner to the contesting respondent No. 1. Ed. This Case is also Reported in: 51 DLR (1999) 534....... notification dated 15-6-98 in exercise of power under section 21 of the Securities and Exchange Ordinance 1969 to enquire into dealing in stock markets including buying and selling of shares of Mark Bangladesh Shilpa and Engineering Ltd. by the petitioner and also to enquire into affairs and record......reme Court High Court Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Md. Muzammel Hussain J Khurshid Alam…………………………………Petitioner Vs. Securities and Exchange Commission and others……………….. Respondents Judgment ...... contesting respondent No. 1. Ed. This Case is also Reported in: 51 DLR (1999) 534...

Category: Banking Law | Date: | Hits: 196

Altaf Hossain (Md.) Vs. Md. Abdul Rahim and others, 1998, 27 CLC (HCD)

....ection 151 of the Code of Civil Procedure. Mr. Zainul Abedin also placed before me the impugned show cause notice dated 4-10-96. He also placed before me the Service Regulation of the Teachers of Non-Government Colleges under the National University. Section 16 of the Regulation provides for consti......ahim and others…………………..Opposite Parties Judgment July 13, 1998. Cases Referred to- Dipak Chandra vs. Selestin Resel and another 3 BLC 391; Sheikh Abdul Quader vs. Chairman, Bangladesh Agricultural Development Corporation and others 30 DLR (SC) 96 & Abul Hashem vs. Chai......nce. Ed. This Case is also Reported in: 51 DLR (1999) 527.......learned Assistant Judge, Uzirpur at once. Ed. This Case is also Reported in: 51 DLR (1999) 527...

Category: Procedural Law | Date: | Hits: 83

Abdul Gani Howlader (Md.) and another Vs. Abdus Somed Howlader and others, 1999, 28 CLC (HCD)

....tion 167 of the Bengal Tenancy Act the plaintiff became the tenant under certificate purchase and continued to remain so on payment of rent and that subsequently the plaintiff became tenant under the Government after the State Acquisition and Tenancy Act came into being. It is the admitted case of t......interference is called for by this Court. The result, therefore, is that the Rule is discharged. However, there will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 522.......is Case is also Reported in: 51 DLR (1999) 522....... is that the Rule is discharged. However, there will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 522...

Category: Property Law | Date: | Hits: 98