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Md. Selim Vs. State, 2011, 40 CLC (HCD)

....tated above, we do not find any merit in the appeal. Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ......tated above, we do not find any merit in the appeal. Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ...... The appeal is dismissed. Case Referred to- Yousuf Sk. alias Sk Abu Yousuf Vs. Appellate Tribunal and another, 29 DLR (SC) 211; Abdul Hai Sikder and another Vs. The State, 43 DLR (AD) 95. Lawyers Involved: Nahida Yasmin, Advocate - for the appellant. Salma Rahman, Assistant Attorne..

Category: Criminal Law | Date: | Hits: 94

Hozizur Rahman and others Vs. Abu Bakar Chowdhury and others, 2011, 40 CLC (AD)

....ich has been most proper and justified in the given facts and circumstances. This civil petition for leave to appeal is, therefore, dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 400.......ich has been most proper and justified in the given facts and circumstances. This civil petition for leave to appeal is, therefore, dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 400.................................Petitioners Vs. Abu Bakar Chowdhury and others..................................Respondents Judgment August 8, 2011. Result: The petition is dismissed. Lawyers Involved: Mohammad Ali Akanda, Advocate instructed by Md. Nawab Ali, Advocate-on-Recordâ€..

Category: Property Law | Date: | Hits: 75

Muktarpur Matashajibi Samabaya Samity Ltd. Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)

....d of the High Court Division, be communicat­ed to the Chief Judicial Magistrate, Sunamganj for taking action as per direc­tion made above. Ed. This Case is also Reported in: 9 ADC (2012) 390. ......d of the High Court Division, be communicat­ed to the Chief Judicial Magistrate, Sunamganj for taking action as per direc­tion made above. Ed. This Case is also Reported in: 9 ADC (2012) 390. ...... Government of Bangladesh and others...............................................Respondents Judgment March 30, 2011. Result: The Civil Petition for Leave to Appeal is dismissed. Lawyers Involved: Rafique-ul Huq, Senior advocate instruct­ed by Md. Abu Siddique, Advocate-on-R..

Category: Property Law | Date: | Hits: 90

Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)

.... 2nd Court, Narayanganj is hereby set aside and the plaint of Title Suit No.31 of 2002 is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 97, 118; 16 BLC (HCD) (2011) 277, 293. ...... 2nd Court, Narayanganj is hereby set aside and the plaint of Title Suit No.31 of 2002 is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 97, 118; 16 BLC (HCD) (2011) 277, 293. ......PLD Dac 648; M/s Sekander Jute Bailing Ltd. Vs. Sonali Bank and another, 18 BLD (AD) 268; M. Tariqullah Sikder Vs. Sonali Bank, 59 DLR; Delwar Hossain and others Vs. Janata Bank, 8 BLC (2003) 411. Lawyers Involved: A.S.M. Abdur Razzaque with Fahad Mahmood Khan and Mr. Mushfiqul Haque Khan, Adv..

Category: Civil Law | Date: | Hits: 141

S.M. Kamaluddin Vs. Chairman, First Labour Court, Dhaka and others, 2011, 40 CLC (AD)

....e impugned judgment of the High Court Division does not call for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 255.......e impugned judgment of the High Court Division does not call for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 255.......….................Petitioner Vs. Chairman, First Labour Court, Dhaka and others......................Respondents Judgment December 15, 2011. Result: The petition is dismissed. Lawyers Involved: Abdur Rob Chowdhury, Senior Advocate, instructed by Mrs. Mahmuda Begum, Advocat..

Category: Labour and Industrial Law | Date: | Hits: 183

Sheikh Moqbul Ahmed and Rabeya Khatun Vs. Ms. Nurunnahar Begum, 2012, 41 CLC (AD)

....r dated 15.06.2004 passed by the Joint District Judge, 1st Court, Pabna in Succession Certificate Case No.23 of 2001 be restored. Ed. This Case is also Reported in: 9 ADC (2012) 246.  ......r dated 15.06.2004 passed by the Joint District Judge, 1st Court, Pabna in Succession Certificate Case No.23 of 2001 be restored. Ed. This Case is also Reported in: 9 ADC (2012) 246.  ......rs Vs. Ms. Nurunnahar Begum.........................................Respondent Judgment January 16, 2012. Result: The judgment and order of the High Court Division is set aside. Lawyers Involved: Israfil Hossain, Advocate instructed by Md. Ferozur Rahman, Advocate-on-Recordâ..

Category: Civil Law | Date: | Hits: 154

Meher Negar Vs. Mojibur Rahman, 1994, 23 CLC (HCD)

....hat the relevant provisions of the West Pakistan Family Court Act, 1964 are quite different from the relevant provisions of our law i.e. the Family Courts Ordinance, 1985 and as such the above quoted principle of law laid down by the Supreme Court of Pakistan cannot be applied in our country. It can...... Motion No. 13 of 1987 is hereby set aside and that of the Magistrate, Kalkini passed in Miscellaneous Cass No. 42 of 1986 is restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 18. ...... to- Civil Revision No. 870 of 1991, (unreported decision); Abdul Khaleque (Md) Vs. Selina Begum and another, 42 DLR 450; PLD 1969 (SC) 187; Supreme Court Monthly Review (Vol. IV) of 1971, 150. Lawyers Involved: Alimuzzaman Chowdhury with Md. Khurshid Alam Khan, Advocates ‑ For the Petiti..

Category: Family Law | Date: | Hits: 215

Iskander Lasker Vs. District Magistrate, Jessore and others, 1994, 23 CLC (HCD)

.... Khan of village Ramnager, Police Station Kotwali, District Jessore, be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ...... Khan of village Ramnager, Police Station Kotwali, District Jessore, be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ...... 1994. Result: The Rule is made absolute. Cases Referred to- Mrs. Saleha Chowdhury Vs. Government of Bangladesh and others, 40 DLR 207; Abdul Latif Mirza Vs. Bangladesh, 31 DLR (AD) 1. Lawyers Involved: Syed Shahidur Rahman, Advocate ‑ For the Petitioner. M Shamsul Alam, Deput..

Category: Criminal Law | Date: | Hits: 86

Syed Monirul Huda Chowdhury Vs. Fouzia Chowdhury and others, 1994, 23 CLC (HCD)

....it could not be allowed if it changed the nature and character of the suit, or if the prayer for amendment had become barred by lapse of time and a right had accrued to the other side. But the latter principle can be departed, if there are circumstances which outweigh the hardship and cause of preju......cepted. The revision is thus devoid of any merit. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 47 DLR (AD) (1995) 10.......ar Vs. Md. Fazlur Rahman, 1979 BSCR 135; Managing Committee NMC Model High School and others Vs. Obaidur Rahman Chowdhury and others, 31 DLR (AD) 133; Kanda and others Vs. Waghu, AIR 1950 (PC) 68. Lawyers Involved: Kazi Shahadat Hossain, Advocate ‑ For the Petitioner. Mahmudul Islam, Advo..

Category: Property Law | Date: | Hits: 151

Commissioner of Taxes, Chittagong (South) Zone, Chittagong Vs. Mohammadi Trading Company, 1994, 23 CLC (HCD)

....hin three years and cannot be carried over to be added with 4th year's credit and hence there is no question of continuation of business and continuation of credit liability standing over years. This principle is not at all applicable for income‑tax purpose because the provision of section 10(2A)(......ioner of Taxes. Send a copy with the seal of the Court to the Appellate Tribunal, Chittagong. There will be no order as to costs. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 6. ...... 1994. Result: The Reference Application is rejected. Case Referred to- Commissioner of Income Tax, Chittagong Zone, Chittagong Vs. M/s Baishakhi Punji Tea Co. Ltd., 1977 BTD page 154. Lawyers Involved: AY Salehuzzaman, Deputy Attorney General - For the Applicant. Application No..

Category: Fiscal/Taxation Law | Date: | Hits: 188

American Bureau of Shipping Vs. Commissioner of Taxes (South) Zone, Chittagong, 1994, 23 CLC (HCD)

....ection 4 of the Income Tax Act, income includes all incomes, profits and gains from whatever source derived. Total income includes profits and gains referred to in subsection (1) of section 4 and the principle underlying changeability of income depends on the legal accumulation or receipt where that...... of 1974‑75; IT No. 1212 and 1213 (Bom) 1975‑76; Commissioner of Taxation Vs. Kirk, 1900 AC 588 (PC); CIT Vs. Ahmedbhai Umarbhai & Co.; Anglo‑French Textile Co. Ltd., (1954) 25 ITR 27 (SC); International Harvester Co. Ltd. Vs. Provincial Tax Commissioner; Motor Union Insurance Co. Ltd. Vs.......ench Textile Co. Ltd., (1954) 25 ITR 27 (SC); International Harvester Co. Ltd. Vs. Provincial Tax Commissioner; Motor Union Insurance Co. Ltd. Vs. Commissioner of Income Tax, Bombay, 1945 ITR 272. Lawyers Involved: AKM Mozammel Hoque Bhuiyan, Mrs. Rabeya Bhuiyan with Alamgir‑Al‑Mostafiz, A..

Category: Fiscal/Taxation Law | Date: | Hits: 159

Abdul Ali and another Vs. State, 1977, 6 CLC (AD)

....xtra ordinary power which is inherent in the High Court for doing justice but such po­wer is to be used extremely cautiously and that solely for advancing the cause of justice. It is also a salutary principle that a criminal pro­ceeding started against a certain person should not be thwarted or in......e with the judgment of brother K. Hossain J. Order of the Court In view of the opinion of the majority the appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 58. ......mad Amir Vs. Md. Kaushar, 21, DLR (S.C.) 330, 1956 Cr. L J. 1320; Mohd. Pasha Vs. State of Hyderabad Reg Vs. Ramijirav Jivbajirav (1875) 12 Bom H.C.R I; Abdul Quader Vs. The State, 28 DLR (AD) 38. Lawyers Involved: Mujibur Rahman, Advocate with Abul Quasem Bhuiyan, Advocate, instructed by S.M..

Category: Criminal Law | Date: | Hits: 115

Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)

....h the plaintiffs as their bargadars and the plaintiffs, so long as they were in such possession, were estopped from denying the title of the defendants who had inducted them into such possession. The principle underlying the provision of section 116 of the Evidence Act, read with section 115 of the ......at the appeal is allowed with costs. The judgment and decree of the High Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ......1; Krishna Nath Sarkar Vs. Rani Kusum Kumari Das AIR 1923. Cal. 351; Upendra Kishore Sarkar Vs. Sk. Khalil AIR 1937 Cal. 568; 55 CLJ 170; Shariatullah Vs. Jainuddin AIR 1935 Cal. 463: 39 CWN 454. Lawyers Involved: Asrarul Hossain, Senior Advocate, with Mozammel Huq Bhuiyan, Advocate instructe..

Category: Property Law | Date: | Hits: 97

Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)

....e does not in terms prescribe speci­fically the service of any notice upon the part­ies concerned, the practice of issuing a rule upon such parties before the final order is made is dictated by the principle of natural justice to which a Court of law is required to adhere before making any judicia...... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ...... Vs. Kumar Birendra Chandra Singh (1922) L.R. 50 L.A 247; ILR.50 Cal.243; 27 C.W.N. 749: A.J.R. 1922 P.C.405; Jagannath Rac-Dani Vs. Ram Bharosa L.R. 60 I A. 49; 37 C.W.N 321: A LR. 1933: P.C. 33. Lawyers Involved: T.H. Khan, Senior Advocate, with Aftabuddin Ahmed, Advocate, intruded by H.C. P..

Category: Civil Law | Date: | Hits: 111

Musammat Khale­da Razia Khanam and others Vs. Mahtabuddin Choudhury and others, 1977, 6 CLC (AD)

....le in favour of plaintiff was based on such a Nadabi deed. The Nadabi deed appears to have been taken to be a piece of evidence merely to strengthen the plaintiff's claim of title on the basis of the principle of feeding the grant by estoppel. 7. Mr. Khandker has further submitted that in any vie......­chase enured to the benefit of Kushor Pashi. We do not find any of the contentions to be of substance. The petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 27. ......da Razia Khanam and others.........Petitioners Vs. Mahtabuddin Choudhury and others…………………….Respondents Judgment June 6, 1977. Result: The petition is dismissed. Lawyers Involved: M.H. Khandker, senior Advocate, instructed by B.C. Panday, Advocate-on-recordâ€..

Category: Property Law | Date: | Hits: 102

M H Khandker, Advocate Vs. Bangladesh (for­merly Province of East Pakistan) & another, 1977, 6 CLC (AD)

....ed that when such land is held free of rent, such development and relief tax shall be levied and collected at the rate of four annas on each rupee of rent that would be assessable on such land on the principles laid down in section 26 of the East Bengal State Ac­quisition and Tenancy Act,1950. (......lt, therefore, is that subject to the observation made above, the appeal is dismis­sed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 1. ......ghlal Pandey, LR 44 IA 246; ILR 45 Cal 87; 22 CWN 201 ; Raghu Nath Roy Marwari Vs. Raja Durga Prasad Singh, LR 46 1A 158; 23 CWN 914; M/s. Amin Jute Mills Ltd. Vs. Bangladesh, 29 DLR (SC) 85 (96). Lawyers Involved: M. H. Khandker, Senior Advocate with Q.G. Ghauce, Advocate, instructed by Abu B..

Category: Property Law | Date: | Hits: 114

Teli alias Mantu and others Vs. State, 2011, 40 CLC (HCD)

.... leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is Also Reported in: 21 BLT (HCD) (2013) 287. ...... leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is Also Reported in: 21 BLT (HCD) (2013) 287. ......uddus J Teli alias Mantu and others ............ Appellants Vs. The State................................... Respondent Judgment April 20, 2011. Result: The appeal is allowed. Lawyers Involved: Afsana Begum, Advocate - for the appellants. Promila Biswas, Deputy Attorney..

Category: Criminal Law | Date: | Hits: 103

Mokbul Hossain and others Vs. State, 2011, 40 CLC (HCD)

.... 22. Furthermore, the learned Judge in passing his judgment and order of conviction did not consider the statements of appellant Nos.1 and 2 made under section 342 of the Code. It is a well settled principle of law that non-consideration of statements under section 342 of the Code causes miscarria......e acquitted of charges leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ......llants Vs. The State...............................Respondent Judgment April 19, 2011. Result: The appeal is allowed. Case Referred to- State Vs. Manu Miah, 54 DLR (AD) 60. Lawyers Involved: No one appears - for the appellant. Salma Rahman, Assistant Attorney General..

Category: Criminal Law | Date: | Hits: 105

Al-Amin Vs. State, 2011, 40 CLC (AD)

.... liberty to take the petitioner into custody if he misuses of privilege of bail. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 84. ...... liberty to take the petitioner into custody if he misuses of privilege of bail. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 84. ...... Vs. The State..............................................................Respondent Judgment March 14, 2011. Result: Leave is granted to admit the accused petitioner on bail. Lawyers Involved: Mizanur Rahman, Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Recor..

Category: Criminal Law | Date: | Hits: 96

Shameem Ara and others Vs. Government of Bangladesh and oth­ers, 2011, 40 CLC (AD)

....t find any cogent reason to interfere with the impugned judgment of the High Court Division. Accordingly, these petitions are dis­missed. Ed. This Case is also Reported in: 9 ADC (2012) 78. ......t find any cogent reason to interfere with the impugned judgment of the High Court Division. Accordingly, these petitions are dis­missed. Ed. This Case is also Reported in: 9 ADC (2012) 78. ......ses) Judgment July 24, 2011. Result: The petitions are dismissed. Case Referred to- Council of Civil Service Union and oth­ers Vs. Minister for the Civil Service, 1985 (AC) 374. Lawyers Involved: Abdul Matin Khashru, Senior Advocate, instructed by Mr. Haridas Paul, Advocate-..

Category: Employment/Service Law | Date: | Hits: 134