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Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)

.... appeals which may be preferred to him or them under the provisions of this Act and of inquiring into disputes as to the title to receive any compensation under a Compensation Assessment-roll finally published under section 42 or as to the apportionment of any compensation referred to him under sect......02 passed by the High Court Division in Civil Revision Nos.3863, 4612 and 4613 of 1998). Judgment Syed Mahmud Hossain J.- These appeals, by Leave, by the plaintiff arise out of the judgment and order dated 23-7-2002 passed by a Single Bench of the High Court Division in Civil Revision Nos.3863......e) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ......-2002 and decreed the suit in full. 10. Against the judgment and order of the High Court Division passed in the civil revi­sions, the Government of Bangladesh, repre­sented by the Deputy Commissioner, Patuakhali and other defendants preferred Civil Petition for Leave to Appeal Nos.196, 197 and ..

Category: Property Law | Date: | Hits: 67

Faridul Islam alias Faridul Alam and others Vs. State, represented by the DC, Chittagong and another, 2011, 40 CLC (AD)

.... out of the record. Accordingly, we do not find any merit whatsoever in this criminal petition for leave to appeal which is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 44.......sed by the High Court Division in Criminal Miscellaneous Case No.8044 of 2007). Judgment Syed Mahmud Hossain J. - This criminal petition for leave to appeal is directed against the judgment and order dated 16-05-2O10 passed by a Division Bench of the High Court Division in Criminal Miscellaneo...... find any merit whatsoever in this criminal petition for leave to appeal which is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 44....... Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Faridul Islam alias Faridul Alam and others..........................Petitioners Vs. State, represented by the DC, Chittagong and another………Respondents Judgmen..

Category: Criminal Law | Date: | Hits: 85

Government of the People's Republic of Bangladesh Vs. Nasirur Rahman, 2011, 40 CLC (AD)

.... in the post of Project Director directly or if the post of Deputy Project Director was included in the 2nd phase of the project, he could apply for the post when notice for such appointment would be published. 5. In the above circumstances, the petitioner filed the writ petition and obtained the......or Leave to Appeal No.1536 of 2011. Judgment Md. Abdul Wahhab Miah J.- In this petition for leave to appeal, the writ respondent-petitioners are seeking leave to appeal against the judgment and order dated the 12th day of December, 2010 passed by a Division Bench of the High Court Division in ......order. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 87, 9 LG (AD) (2012) 50, 17 MLR (AD) (2012) 89. ...... J Syed Mahmud Hossain J Government of the People's Republic of Bangladesh, Represented By the Secretary, Ministry of Women and Children Affairs, Bangladesh Secretariat and Others………Petitioners Vs. Nasirur Rahman…………………………..Respondents Judgment December 1..

Category: Employment/Service Law | Date: | Hits: 119

Government of Bangladesh and Others Vs. Md. Mosharraf Hossain, 2011, 40 CLC (AD)

....ficers with effect from 01.12.2003. The petitioner being an ABO between 2003 and 2007, became a Second Class Gazetted Officer for the duration of his service as an ABO. The name of the petitioner was published in the official gazette on 11.09.2008, describing him as Second Class Gazetted Officer. As...... 2010. Judgment Md. Abdul Wahhab Miah J. - Delay of 154 days in filing the petition for leave to appeal is condoned. 2. This petition for leave to appeal is directed against the judgment and order dated the 7th day of January, 2010 passed by the High Court Division in Writ Petition No.3354 ......his Court. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 67.......f Food 42 DLR (AD) 1999, Bangladesh Vs. Shafiuddin Ahmed 50 DLR (AD) 27. Lawyers Involved: M. K. Rahman, Additional Attorney General instructed by B. Hossain, Advocate-on-Record- For the petitioners. Md. Khurshid Alam Khan, Advocate with Ehsan A. Siddiq, Advocate instructed by Md. Aftab Ho..

Category: Employment/Service Law | Date: | Hits: 127

Government of Bangladesh and Others Vs. Himangshu Ranjan Pal, 2011, 40 CLC (AD)

....dgment of the Administrative Appellate Tribunal. In the result, the Civil Petition for Leave to Appeal No.2356 of 2009 is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 64. ......n-Record-For the Respondent. Civil Petition for Leave to Appeal No. 2356 of 2009. Judgment Md. Shamsul Huda J. - The instant Civil Petition for Leave to Appeal No.2356 of 2009, arises out of order passed by the Administrative Appellate Tribunal on 16.7.2009 in A.A.T. Appeal No. 225 of 20......ion for Leave to Appeal No.2356 of 2009 is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 64. ......Judgment October 16, 2011. Result: The Petition is dismissed. Lawyers Involved: Ms. Sakila Rowshan, Deputy Attorney General, Instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Mahbub Ali, Advocate, Instructed by Ms. Shirin Afroz, Advocate-on-Record-For the Respondent..

Category: Administrative Law | Date: | Hits: 240

Rajdhani Unnayan Katripakkha (RAJUK) Vs. A.K.M. Abdul Hakim and Others, 2010, 39 CLC (AD)

....eable property. We find no substance in this petition, which is accordingly dismissed with cost of Tk. 10,000/- (ten thousand) only. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 34. ...... Not represented-Respondent Nos. 2-8 Civil Petition for Leave to Appeal No.2186 of 2009. Judgment Md. Abdul Matin J. - This petition for leave to appeal is directed against the judgment and order dated 04.08.2008 passed by the High Court Division in Writ Petition No. 6642 of 2008 making th...... 10,000/- (ten thousand) only. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 34. ......ajdhani Unnayan Katripakkha (RAJUK) Represented by It's Chairman, Rajuk Bhaban, Rajuk Avenue, Motijheel, Dhaka and Others……………………………………………………………….Petitioners Vs. A.K.M. Abdul Hakim and Others………………………Respondents Judgment ..

Category: Civil Law | Date: | Hits: 76

State Vs. Dafader Marfoth Ali Shah and another, 2011, 40 CLC (AD)

....ons Judge shall take necessary steps to take the accused-respondents into custody. The appellant is directed to file concise statement by 13th February, 2011. Ed. This Case is also Reported in:......neral, with Amit Talukder, Assistant Attorney General- For the Petitioner. Not Represented- For the Respondent. Criminal Petition for Leave to Appeal No. 316 of 2009. (From the judgment and order dated 28.8.2008 passed by the High Court Division in Death Reference No.150 of 2004 with Crimi......the accused-respondents into custody. The appellant is directed to file concise statement by 13th February, 2011. Ed. This Case is also Reported in:......ellate Division (Criminal) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J The State………………………………………………………Petitioner Vs. Dafader Marfoth Ali Shah and another………….Respondents Order January 11, ..

Category: Criminal Law | Date: | Hits: 191

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

.... no error of law in maintaining the impugned order. The submissions of the learned Counsel merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......Petitioner. Md. Mazibur Rahman, Advocate-on-Record-For Respondent No.2. Not Represented- For Respondent No.1. Criminal Petition for Leave to Appeal No.449 of 2009. (From the judgment and order dated 22.11.2009 passed by the High Court Division in Criminal Revision No.368 of 2009.) Ju......order. The submissions of the learned Counsel merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......Karim CJ Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Mainuddin…………………………………………………….Petitioner Vs. The State and another ……………………………...Respondents Judgment ..

Category: Criminal Law | Date: | Hits: 66

JMS Glass Industries Ltd. Vs. Customs, Excise and VAT Appellate Tribu­nal and others, 2011, 40 CLC (AD)

.... discharging the Rule. For the reasons stated hereinbefore, we find no merits in the petition and accordingly, the same is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 43. ...... discharging the Rule. For the reasons stated hereinbefore, we find no merits in the petition and accordingly, the same is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 43. ......in the petition and accordingly, the same is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 43. ...... Sinha J MA Wahhab MiahJ Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Mamtaz Uddin Ahmed J JMS Glass Industries Ltd............................................Petitioner Vs. Customs, Excise and VAT Appellate Tribu­nal and others...............Respondents ..

Category: Fiscal/Taxation Law | Date: | Hits: 130

Azmal Khan Vs. Md. Afzal Khan and others, 2011, 40 CLC (AD)

....ame. We find no substance in the contention of Mr. Kamal-ul-Alam. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 17. ......plication for amendment of written statement, which prayers were allowed by the trial Court, against which, on a revision petition moved by the defendant No.1, the High Court Division set aside those orders by the impugned judgment. Thereupon the appellant obtained leave from this Division to consid......se is also Reported in: 64 DLR (AD) (2012) 17. ......tatement in Other Class Suit No.84 of 1967, he made the similar statement. In the present written statement the appellant had admitted in paragraph 9 that the disputed property was acquired with the money provided by their mother and that as per desire of their parents, they started the business of ..

Category: Civil Law | Date: | Hits: 86

Abdus Sattar Bhuiyan Vs. Abdur Razzaque and another, 2011, 40 CLC (HCD)

....nected Civil Rule is accordingly disposed of. The trial Court is directed to dispose of the suit as expeditious as possible. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ......2010 with Civil Rule No. 68 (First Miscellaneous) of 2010. Judgment Md. Ruhul Quddus J. - This First Miscellaneous Appeal at the instance of the substituted plaintiffs is directed against order dated 4.11.2009 passed by the Joint District Judge, fourth Court, Dhaka in Title Suit No.18......gree. Ed. This Case is also Reported in: ......ue and another……………...Respondents Judgment October 24, 2011. Result: The appeal is allowed. Lawyers Involved: Md. Serajul Islam Bhuiyan, Advocate-For the appellants. No one appears-For the respondents. First Miscellaneous Appeal No. 24 of 2010 with Civil Rule ..

Category: Civil Law | Date: | Hits: 67

Ramjan Ali Mistry Vs. Md. Hedayelullah, 1978, 7 CLC (AD)

....td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this ap­peal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183.......ce, wherein it has been held that the point of default that is to be decided by the Court, is whether the tenant has paid rents allowable under the Act to the full extent at the time of the decree or order for ejectment is made and not an earlier date. Reference is to be made to the cases of Ananda ......e find no merit in this ap­peal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183.......ring Works and the assertion of the landlord that the tenant was carrying on the repair work of worn out materials in the suit premises, drew a correct inference in treating the tenancy, a commercial one and not one of manu­facture. 2. Facts involved in the three questions are that against the t..

Category: Property Law | Date: | Hits: 87

M/S Pak Jute Mills Ltd. Vs. Income Tax Officer and another, 1978, 7 CLC (AD)

....ere the rate of surcharge has been detailed. This point also fails. In the result, therefore, the appeal is dis­missed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 178. ......(From the Judgment & Order dated 24.2.77 passed by the High Court in Writ petition No. 205 of 1971) Judgment Badrul Haider Chowdhury J.- This appeal by special leave is directed against the order of a Division Beach of tie High Court dismissing the Writ petition. 2. The petitioner was ......the result, therefore, the appeal is dis­missed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 178. ......205 of 1971) Judgment Badrul Haider Chowdhury J.- This appeal by special leave is directed against the order of a Division Beach of tie High Court dismissing the Writ petition. 2. The petitioner was a Public Limited Company carrying on jute goods manufactur­ing business and it became a na..

Category: Fiscal/Taxation Law | Date: | Hits: 131

Zaminur Rahman & others Vs. Bangladesh & others, 1978, 7 CLC (AD)

.... manner. Municipal Committees (Assess­ment and Collection of Octroi) Rules herein­after called the Rules provides for the man­ner of levying assessment and collection of Octroi and were framed and published in 1961 by the then Government of East Pakistan. 3. The Municipal Committees were autho...... follows “To the credit of the Local Fund formed under clause (1) shall be placed (A)......(b) the proceeds of all taxes, rates, tolls, fees and other charges levied by the local council under this order.” “A reading of Arti­cles 48 (2), 49, 50, 51, 53, 54, 55 of the Basic Democracies Order, ......cts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171....... Burmah Oil Company Limited Vs. The Trustees for the Port of Chittagong (1962) 14 DLR (SC) 106; PLD 1961 S.C. 452; Matthews Vs. Chicory Markeling Board, 60 Commonwealth Law Reports 263; The Commissioner H.R. Endowments Vs. L T, Swamiar, AIR 1954 S.C. 282; Burmah Shell Oil Storage Vs. Bel­gium Bor..

Category: Fiscal/Taxation Law | Date: | Hits: 112

Mullick Brothers Vs. Income Tax Officer and another, 1978, 7 CLC (HCD)

.... premises the appeal is allowed but without any order as to costs. The impugned demand notices are declared to be of no lawful authority. Ed This Case is also Reported in: 31 DLR (AD) (1979) 165.......e-on-Record - For the Appellants. Mozammel Haque Bhuiyan, Advocate, ins­tructed by S. S. Huda, Advocate-on-Record - For the Respondents. Civil Appeal No.108 of 1978. (From the judgment and order dated the 6th May, 1977 passed by the High Court of Bangla­desh in Writ Petition No.486 of 19......mpugned demand notices are declared to be of no lawful authority. Ed This Case is also Reported in: 31 DLR (AD) (1979) 165....... the appellant was informed that no relief as de­manded could be accorded as it was not based on any decision of the Court. 5. The appellant served another notice demanding justice on the Commissioner of Income Tax investigation (now north) Dacca being respondent No.2 on 10.4.1974 for directing ..

Category: Fiscal/Taxation Law | Date: | Hits: 122

Mohammad Golam Rabbani and another Vs. Government of People's Re­public of Bangladesh, 1978, 7 CLC (AD)

....nd the observations in paragraphs 10-15 in entirely are expunged. In the result the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 163.......their clients and to the Court cannot be kept on record as a part of the judgment and the observations in paragraphs 10-15 in entirely are expunged. In the result the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 163.......irely are expunged. In the result the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 163.......the learned Advocates for the appe­llants of those two appeals and repeated absence of the learned Advocates at the time the appeals were taken up for hearing. In mak­ing comments on the facts mentioned in the judgment of the High Court Division regarding the adjournments of the hearing of the app..

Category: Others | Date: | Hits: 145

Sonali Bank Vs. Mozaffor Hossain, 1997, 26 CLC (HCD)

....t of Subordinate Judge, Barisal is set aside and the ex parte decree dated 30-7-1983 is maintained. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 174. ....... Not Represented - For the Opposite Party. Civil Revision No.97 of 1988 (Barisal) Civil Revision No.2861 of 1991 (Dhaka) Judgment AK Badrul Huq J.- Feeling aggrieved by a judgment and order passed by the learned Subordinate Judge, restoring a suit to its file and number, on allowing ...... DLR (HCD) (1998) 174. ...... Case is also Reported in: 50 DLR (HCD) (1998) 174. ..

Category: Procedural Law | Date: | Hits: 80

Mohor Ranjan Pal and others Vs. State, 1997, 26 CLC (HCD)

....time of issuance of the Rules stand vacated. Let a copy of this judgment be sent to the learned Divisional Special Judge, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ......সম/এসপি/২৮/৮৪(অংশ-২) and by forging the signature of the then Section Head of the Ministry of Establishment. On the said information the Minister of Home Affairs passed an order for proper investigation and to take legal action accordingly. Following that ASP (CID) Abdul ...... Let a copy of this judgment be sent to the learned Divisional Special Judge, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ......50 DLR (HCD) (1998) 163. ..

Category: Criminal Law | Date: | Hits: 71

Aslam Vs. State, 1998, 27 CLC (HCD)

....ibunal Judge will, however, be at liberty to cancel the bail, if he finds any misuse of the privilege of bail by the accused-appellant. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 161.......sistant Attorney-General - For the State. Criminal Appeal No.1635 of 1997. Judgment Md. Sirajul Islam J.- This appeal under section 30 of the Special Powers Act, 1974 is directed against the order dated 30-7-1997 passed by Special Tribunal No.1, Narayangonj in Special Tribunal Case No.19 of......ancel the bail, if he finds any misuse of the privilege of bail by the accused-appellant. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 161.......arayangonj PS Case No.16(7)95 under section 19A(P) of the Arms Act. By this order the learned Tribunal Judge rejected the appellant’s prayer for bail. 2. The prosecution case, in short, is that, one Md. Awal Hossain Khan and Moniruzzaman SI of Police Narayangonj PS along with their party raided..

Category: Criminal Law | Date: | Hits: 65

Ihteshamur Rahman Vs. Masuda Khatun and others, 1998, 27 CLC (HCD)

....tively within 3(three) months from the d of receipt of this order. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 159. ......der, Advocates - For the Petitioner. AFM Zubair Hossain, Advocate - For the Opposite Parties. Civil Revision No. 2924 of 1994. Judgment Gour Gopal Saha J.- This Rule calls in question the order dated 6-7-94 passed by the learned Subordinate Judge and Artha Rin Adalat No.4, Dhaka in Title......d by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 159. ......(1998) 159. ..

Category: Property Law | Date: | Hits: 66