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Maksuda Begum Vs. Secretary, Ministry of Home Affairs and 2 others, 1999, 28 CLC (HCD)

....d by District Magistrate, Barisal who was detained for a period of 30 days under section 3(2) of the Special Powers Act and the grounds of detention were communicated to him on 20-9-1999. Thereafter, Government by order dated, 11-10-1999 approved and extended the order of detention for a further per......ained in Dhaka Central Jail, is declared illegal and the said detenu be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 174.......visional Jurisdiction) Present: Md. Hamidul Haque J Amirul Kabir Chowdhury J Maksuda Begum…………….………………….Petitioner Vs. Secretary, Ministry of Home Affairs and 2 others……………Opposite Parties Judgment October 27, 1999. Lawyers Involved: ......ourt High Court Division (Criminal Revisional Jurisdiction) Present: Md. Hamidul Haque J Amirul Kabir Chowdhury J Maksuda Begum…………….………………….Petitioner Vs. Secretary, Ministry of Home Affairs and 2 others……………Opposite Parties Judgment ..

Category: Criminal Law | Date: | Hits: 44

Engineer Consultants and Associates Ltd. Vs. Commissioner of Taxes, Intelligence and Investigation Zone Dhaka, 1999, 28 CLC (HCD)

....in favour of the applicant. Accordingly this reference is answered in the negative and the parties are left to bear their own costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 170.......tes Ltd……………………Applicant Vs. Commissioner of Taxes, Intelligence and Investigation Zone Dhaka……………Respondent Judgment August 23, 1999. Cases Referred To- Bangladesh Taxes Decision 26 BTD (1998) (HCD); (1994) 12 ITR 393. Lawyers Involved: Khan Faziu......ase is also Reported in: 52 DLR (HCD) (2000) 170.......e Court High Court Division (Special Original Jurisdiction) Present: Syed Amirul Islam J SANM Rahman J Engineer Consultants and Associates Ltd……………………Applicant Vs. Commissioner of Taxes, Intelligence and Investigation Zone Dhaka……………Respondent ..

Category: Fiscal/Taxation Law | Date: | Hits: 65

Ahsan Ullah (Md) Vs. Bangladesh, represented by the Secretary, Ministry of Law and Justice and others, 1998, 27 CLC (HCD)

.... of the Act, 1974 vide Ordinance 49 of 1982 with effect from 25-11-1982. 9. Section 4 runs as follows: “4.Nikah Registrars.— For the purpose of Registration of marriages under this Act, the Government shall grant licences to such number of persons, to be called Nikah Registrars, as it may ......reme Court High Court Division (Special Original Jurisdiction) Present: Qazi Shafiuddin J Md. Abdul Aziz J Ahsan Ullah (Md).....................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Law and Justice and others…………Responde......risdiction) Present: Qazi Shafiuddin J Md. Abdul Aziz J Ahsan Ullah (Md).....................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Law and Justice and others…………Respondents Judgment June 30, 1998. Case Referred To- ......68...

Category: Employment/Service Law | Date: | Hits: 76

Abu Ashed Bhuiyan and Others Vs. Abu Taher Bhuiyan & others, 2000, 29 CLC (HCD)

....r the plaintiffs suit was dismissed under section 42 of the Specific Relief Act as being not maintainable. Mr. Bhuiyan has also relied on the decision in the case of Noor Mohammad Khan and others Vs. Government of Bangladesh and others reported in 42 DLR 434. In that suit the question of maintainabi......………Opposite Parties Judgment November 5, 2000. Cases Referred To- Munsur Ali Mallik vs. Md Nurul Hoque Mallik and others BCR 1986 (AD) 56; Noor Mohammad Khan and others vs. Govt. of Bangladesh and others 42 DLR 434. Lawyers Involved: Abdul Wadud Bhuiyan with Syed Mokaddes Ali......as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 209. ......also Reported in: 54 DLR (2002) 209. ..

Category: Property Law | Date: | Hits: 23

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

....thority now mean that a “Local Authority” shall mean and include a Paurashava, 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 fund, or any corporation or other ......2) 202.......d Abdur Rahim Bhuiyan, Assistant Attorney-General— For the Respondent. (In Reference Application Nos. 27 to 32 & 34 to 36 of 1992). Reference Application Nos. 222, 223, 224 & 225 of 1991 and Nos. 27-32 & 34-36 of 1992. Judgment Syed Amirul Islam J.- As common question of law i......LR (2002) 202...

Category: Fiscal/Taxation Law | Date: | Hits: 94

Muslim (Md) Vs. Abdul Motaleb and others, 2001, 30 CLC (HCD)

....ored. The order of status quo in respect of the possession granted earlier by this Court is vacated. Send down the lower Court records. Ed. This Case is also Reported in: 54 DLR (2002) 196.......osite Parties Judgment July 29, 2001. Cases Referred To- Commander (Retd) AA Chowdhury vs. AKM Imam Hossain and others, 49 DLR 23; Mohammad Abdul Nasir and others vs. Peoples Republic of Bangladesh and others, 28 DLR 392; Pangoti Mangarao vs. Chinnadi Kisham Rao, AIR 1965 (Andhra) 98; K......DLR (2002) 196.......also Reported in: 54 DLR (2002) 196...

Category: Property Law | Date: | Hits: 33

Mahmudul Huq Vs. Mostafa Kamal and others, 2010, 39 CLC (AD)

....earned Counsel submits that this Division erred in law apparent on the face of the record in not appreciating the fact that the admitted case of RAJUK as well as Ministry of Housing and Public Works, Government of Bangladesh is that the offer of present petitioner pursuant to the tender notice was a...... of the said plot in his favour. 3. In the aforesaid premises the writ petitioner filed the writ petition and a rule was issued under Article 102(2) of the Constitution of the People's Republic of Bangladesh calling upon the present petitioners to show cause as to why they should not be directed ......mad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Hague J Md. Muzamnel Hossain J Surendra Kumar Sinha J Mahmudul Huq.................................Petitioner Vs. Mostafa Kamal and others.....................Respondents Judgment February 28, 2010. Lawyers Involved: ...... Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Hague J Md. Muzamnel Hossain J Surendra Kumar Sinha J Mahmudul Huq.................................Petitioner Vs. Mostafa Kamal and others.....................Respondents Judgment February 28, 2010. ..

Category: Others | Date: | Hits: 81

Mrs. Tahera Islam Vs. Secretary, Ministry of Home Affairs, Govt. of Bangladesh and others, 1987, 16 CLC (HCD)

....Home Affairs, Govt. of Bangladesh and others............Opposite parties Judgment October 27, 1987. Cases Referred to- 38 DLR (AD) 70; BLD 1986(AD) 49; 20 DLR 1968; AKM Shamsuddin Versus Government of Bangladesh, 28 DLR 1976 at page 117. Lawyers Involved- Abdul Wadud Khondker, Ad......(Criminal Original Jurisdiction) Present: Amin-Ur-Rahman Khan J Syed Fazle Ahmed J Mrs. Tahera Islam.................Petitioner Vs. The Secretary, Ministry of Home Affairs, Govt. of Bangladesh and others............Opposite parties Judgment October 27, 1987. Cases Referre......riginal Jurisdiction) Present: Amin-Ur-Rahman Khan J Syed Fazle Ahmed J Mrs. Tahera Islam.................Petitioner Vs. The Secretary, Ministry of Home Affairs, Govt. of Bangladesh and others............Opposite parties Judgment October 27, 1987. Cases Referred to- 38...... DLR (1988) 193...

Category: Banking Law | Date: | Hits: 151

State Vs. MA Monir & Others, 1987, 16 CLC (HCD)

....ouble. In that view of the matter, we condone the non-appearance of contemner Nos. 2 and 4. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 183.......he 12th June, 1986 containing scandalous allegations against the Judges. as a class and the Bench Officers of the Judges as a class, thus undermining the dignity and authority of the Courts of law in Bangladesh and lowering the re­putation of the entire judicial system in the estima­tion of the pu......ir & Others..........Contemner Opposite Parties Judgment August 26, 1987. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney General - For the State. Mozammel Haque Bhuiyan and AMM Rahim- For the Contemner Nos. 2-4. Contempt Case No. 5 of 1986 Judgment Mustafa Ka...... 40 DLR (1988) 183...

Category: Criminal Law | Date: | Hits: 35

Ezahar Sepai Vs. The State, 1987, 16 CLC (HCD)

....d he went to Bhandaria 17.11.76 to inform Dewar Bepari and Abdul Karim Howlader about the incident for holding a salish; that while he was returning home from Bhandaria he found accused Ezahar on the Government Road in front of the house of Shahed Ali; that Ezahar Sepai asked him if he had filed a e......ce only when the following requirements are satisfied i.e. to say (1) if the medical officer who made the report is dead (2) or he is incapable of giving evidence (3) or if he is beyond the limits of Bangladesh and his attendance cannot be procured without any amount of delay, expense or inconvenien............Respondent Judgment April 27, 1987. Cases Referred to- State vs. Mokbul Hossain, 37 DLR 156; Yusuf vs. Appellate Tribunal, 29 DLR (SC) 211. Lawyers Involved: Enayet Peer Khan and M. Shamsul Alam, Advo­cate - For the Appellant. Fakhrul Islam, Assistant Attorney General an......is Case is also Reported in: 40 DLR (1988) 177. ..

Category: Criminal Law | Date: | Hits: 93

Harun-or-Rashid Talukder Vs. District Manager, Pubali Bank, Jamalpur, 1988, 17 CLC (HCD)

....ver to reduce the sentence. In the result the appeal is dismissed but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 170. ......n, Advocate - For the Respondent No. 2. Appeal from Original Order No. 227 of 1987 Judgment Mustafa Kamal J.- This First Miscellane­ous Appeal has been preferred under Article 36(1) of the Bangladesh Legal Practitioners and Bar Council Order, 1972 (P.O. No. 46 of 1972) against the judg­m......t No. 2. Appeal from Original Order No. 227 of 1987 Judgment Mustafa Kamal J.- This First Miscellane­ous Appeal has been preferred under Article 36(1) of the Bangladesh Legal Practitioners and Bar Council Order, 1972 (P.O. No. 46 of 1972) against the judg­ment and order dated 5.7.87 pass......R (1988) 170. ..

Category: Others | Date: | Hits: 72

Falu Mia & others Vs. Safar Ali & others, 1988, 17 CLC (HCD)

....cause or matter pending before it, including orders for the purpose of securing the attendance of any persons or the discovery or produc­tion of any document." 17. In the case of Secretary to the Government of West Pakistan Vs. Gulzar Mohammad, 21 DLR (SC) 46, Hamoodur Rahman, CJ Observed as fol...... documents of any other class in a for­eign country has to be proved by the original, or by a copy certified by the legal keeper thereof, with a certificate under the seal of a Notary Public or of a Bangladesh Consul or diplomatic agent, that the copy is duly certified by the officer having the leg......For Opposite Party Nos. 12 & 13. Civil Rule No. 335(F) of 1984 with Civil Rule No. 11(F) of 1985. Judgment Mustafa Kamal J. - These Rules call upon the plaintiff opposite party Nos. 1-3 and 12-13 to show cause why the judgment dated 7.12.82 passed in F.A. No. 32 of 1967 by this Divisio......DLR (1988) 165...

Category: Property Law | Date: | Hits: 29

Asgar Ali & others Vs. Additional Deputy Commis­sioner, Khulna & others, 1987, 16 CLC (HCD)

..... Additional Deputy Commis­sioner, Khulna & others...............Opposite Parties Judgment August 30, 1987. Cases Referred to- Halima Khatun's case 30 DLR (AD) 20; Nasiruddin Vs. Government of Bangladesh 32 DLR (AD) 216; 30 DLR (AD). Lawyers Involved: Miah Abdul Gafur, Adv......l Deputy Commis­sioner, Khulna & others...............Opposite Parties Judgment August 30, 1987. Cases Referred to- Halima Khatun's case 30 DLR (AD) 20; Nasiruddin Vs. Government of Bangladesh 32 DLR (AD) 216; 30 DLR (AD). Lawyers Involved: Miah Abdul Gafur, Advocate - For th......epresented - the opposite party. Civil Revision No. 45 of 1987. Judgment Anwarul Huq Chowdhury J. - This Rule arises out of an application under sec­tion 115 of the Code of Civil Procedure and is direct­ed against the Judgement and decree dated 28.12.1983 passed by the learned Additional......n: 40 DLR (1988) 157. ..

Category: Property Law | Date: | Hits: 36

Government of Bangladesh and others Vs. Md. Shahinoor Bari and others, 2010, 39 CLC (AD)

....Ed. This Case is also Reported in: 15 MLR (AD) (2010) 424. ......se is also Reported in: 15 MLR (AD) (2010) 424. ......Reported in: 15 MLR (AD) (2010) 424. ......ppellate Division (Civil) Present: Mohammad Fazlul Karim CJ Bijan Kumar Das J Md. Muzammel Hossain J Government of Bangladesh and others .........Petitioners (In both the cases). Vs. Md. Shahinoor Bari and others..............Respondents (In Civil Petition No. 328 of 2010). ..

Category: Employment/Service Law | Date: | Hits: 86

Kamaluddin Ahmed Sarwar alias Alhaj Kamaluddin Sarwar being dead his heirs Hasina Banu and others Vs. Mohammad Shahjahan and another, 2010, 39 CLC (AD)

....d any failure of justice. We find no merit in the contention of the learned Advocate-on-Record. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 421. ......d any failure of justice. We find no merit in the contention of the learned Advocate-on-Record. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 421. ...... Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Kamaluddin Ahmed Sarwar alias Alhaj Kamaluddin Sarwar being dead his heirs Hasina Banu and others..........................................Petitioners Vs. Mohammad Shahjahan and ano......ammel Hossain J Surendra Kumar Sinha J Kamaluddin Ahmed Sarwar alias Alhaj Kamaluddin Sarwar being dead his heirs Hasina Banu and others..........................................Petitioners Vs. Mohammad Shahjahan and another................Respondents Judgment June 10, 2010. La..

Category: Procedural Law | Date: | Hits: 68

Azimul Kabir (Md) Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)

....4 DLR (2002) 189.......89....... Court High Court Division (Special Original Jurisdiction) Present: MA Aziz J Md. Shamsul Huda J Azimul Kabir (Md)……………..Petitioner Vs. Government of Bangladesh and others…………………. Respondents Judgment August 1, 2001. Cases Referred To- ......d in: 54 DLR (2002) 189...

Category: Criminal Law | Date: | Hits: 45

SM Nasirul Haque Vs. Omar Faruque Chowdhury and others, 2001, 30 CLC (HCD)

....t but only in respect of his own share. If the previous raiyat or for that matter his co-sharer raiyat held khas any portion of the original tenancy, that portion becomes a separate raiyati under the Government with which the upgraded raiyat has got no connection. In view of the position, the under-......are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ......Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J SM Nasirul Haque…..……………Petitioner Vs. Omar Faruque Chowdhury and others ………Opposite Parties Judgment December 3, 2001. Cases Referre...... Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J SM Nasirul Haque…..……………Petitioner Vs. Omar Faruque Chowdhury and others ………Opposite Parties Judgment Decem..

Category: Property Law | Date: | Hits: 39

Sufia Islam Shila and another Vs. Shakhawat Hossain and others, 2001, 30 CLC (HCD)

.... of 1953 in the Court of 6th Munsif, Dhaka for declaration of her title and interest and for recovery of khas possession of the ‘A’ schedule property against the auction purchaser Afia Khatun and Government and obtained decree on compromise as the plaintiffs and defendants filed a joint compromi......ssioner within 3 months and to conclude the trial preferably within another 6 months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 178. ....... Ed. This Case is also Reported in: 54 DLR (2002) 178. ......R (2002) 178. ..

Category: Property Law | Date: | Hits: 28

Micro Industries Development Assistance Society (MIDAS) Vs. Commissioner of Taxes, 2001, 30 CLC (HCD)

....reneurs for industrial growth on a nominal service charge on the loan fund. The applicant society submitted return for the assessment year 1983-84 showing income of Taka 2,59,684 and as Voluntary Non-Government Organisation (NGO) claimed exemption from income tax under section 4(3)(i) of the Income ......ies, or any other groups or associations concerned with small and cottage industries, as well as to private business and individuals in this sector. (v) To promote the welfare of the people of Bangladesh through assistance to small and cottage industries and to groups or individuals promoting......d. Awlad Ali J.- These two reference applications at the instance of the Micro Industries Development Assistance Society (MIDAS), (hereinafter called the Society) being Reference Application No. 8/97 and Reference Application No. 9/97 arise out of the order dated 16-3-95 in ITA No. 791 of 1992-93 an......rt High Court Division (Special Statutory Jurisdiction) Present: Md. Awlad Ali J Sikder Maqbul Huq J Micro Industries Development Assistance Society (MIDAS)………. Applicant Vs. Commissioner of Taxes.................Respondent Judgment April 4, 2001. Cases Refe..

Category: Fiscal/Taxation Law | Date: | Hits: 65

Sew Bishar Prasad Vs. Collector of Customs, Chittagong and others, 2001, 30 CLC (HCD)

....ase the bank guarantees furnished by the petitioner in terms of the Rule within 15 days from the date of receipt of this order. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 173. ......he Respondents. Writ Petition No.1013 of 1995. Judgment Abu Sayeed Ahammed J.- This Rule Nisi has been issued at the instance of the petitioner Sew Bihari Parsed, sole proprietor of Messers Bangladesh Traders, having his business office at Sena Kallyan Bhaban, Room No.901, 9th Floor, 195 M......vision (Special Original Jurisdiction) Present: Abu Sayeed Ahammed J Mirza Hussain Haider J Sew Bishar Prasad….……………Petitioner Vs. Collector of Customs, Chittagong and others…………..Respondents Judgment July 11, 2001. Cases Referred to- Russe......02) 173. ..

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