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Annada Prosad Das Vs. DC, Khulna and others, 2001, 30 CLC (HCD)
....a citizen of Bangladesh. 16. In the case of Mirza Shahab Ispahani, 40 DLR (AD) 116 as stated above, while the interpretation and the meaning of President’s Order No.149 of 1972 were made and the principle as to granting of dual citizenship also has been accepted. In paragraph 25 of that decisio......ppeal is allowed, the judgments and decrees of the Courts below are set aside and the suit is decreed in full. No order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 496.......an Vs. Commissioner of Police, Madras AIR 1965 (SC) 1623, lzhar Ahmed Vs. Union of India AIR 1962 (SC) 1052, Government of the People’s Republic of Bangladesh Vs. Abdul Hoque, 1982 BCR (AD) 143. Lawyers Involved: SS Halder with Joya Bhattacharjee, Advocates — For the Appellant. Bivash C..Category: Immigration and Citizenship Law | Date: | Hits: 190
Anindra Bhusan Ghose Vs. Bangladesh Government, 2001, 30 CLC (HCD)
....l. For the reasons and discussions made above, I find no merits in this appeal. In the result the appeal is dismissed. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 493.......l. For the reasons and discussions made above, I find no merits in this appeal. In the result the appeal is dismissed. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 493.......Appellant Vs. Bangladesh Government ………………Respondent. Judgment May 23, 2001. Case Referred To- Feroza Majid and another Vs. Jiban Bima Corporation, 39 DLR (AD) 76. Lawyers Involved: Sk Habibul Alam, Advocate—For the Appellant. Bivash Chandra Biswas, Assist..Category: Property Law | Date: | Hits: 85
....on is an illustrative of the Courts exercising normal Original Civil Jurisdiction under the law. Any person or authority entrusted with the responsibility of judicial functions in accordance with the principles of law and following the procedure laid down by any law will be taken as a Court and, in ......ainable.
For the reasons stated above, we do not find a substance in this Rule, which is discharged without any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 488.
......ha J
S K Sinha J
Bangladesh Forest Industries Development Corporation and others……….Petitioners
Vs.
Sheikh Abdul Jabbar……………Opposite Party.
Judgment
June 3, 2002.
Lawyers Involved:
Morshed Ahmed Khan, Advocate—For the Petitioners.
Dr. Rafiqur Rahman with ..
Category: Civil Law | Date: | Hits: 89
Parul Bala @ Parul Rani Shah Mondol Vs. Suruj Miah and others, 2001, 30 CLC (HCD)
....8 of the PDR Act. Mr. Bhuiyan also submits on point of law that sections 7 and 8 of PDR Act should be read with Rule 6 of that Act and, according to Mr. Bhuiyan, Rule 66 of the PDR Act is the guiding principle as to how to act under sections 7 and 8 of PDR Act. 15. Trial Court held that the purch......)68 is disposed of accordingly, the judgments and decrees of, the Courts below are set aside. The suit is decreed in full. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 481.......s. Debendra Nath Dutta, 39 CWN, 1076; State Vs. Mask and Co. AIR 1940 (SC); Annamali Chettiar Vs. Palamali and others, 41 ILR (Madras series) 265; Mozammel Hoq Vs. State and another, 1983 BLD 168. Lawyers Involved: Abdul Wadud Bhuiyan with Nikhles Dutta Advocates—For the Appellant. Kh Mah..Category: Property Law | Date: | Hits: 83
Nizam Hazari Vs. State, 2001, 30 CLC (HCD)
....ed is a relevant fact under section 9 of the Evidence Act and unless accused explains his conduct abscondence may indicate guilt of accused. In Amir Hossain Howlader Vs. State, 1984 BLD (AD) 193, the principle enunciated is that absconsion of as accused is corroboration of the direct evidence of eye......nal No.14, Chittagong in Special Tribunal Case No.757 of 1999 stand maintained. Lower Court Records be sent down immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 475. ......ll get encouragement and the innocent citizens of the country and the society as a whole will suffer. Keeping in view the Latin maxim Salus Populi Suprema Lex, the safety of the people is the Supreme Law and Salus Republicae Supreme Lex, the safety of the State is the Supreme Law, society and innoce..Category: Criminal Law | Date: | Hits: 58
Titas Gas Vs. Immense Washing Plant and others, 2001, 30 CLC (HCD)
.... 100 cases, the matter goes no further (after grant or refusal of an interlocutory injunction) [The closing chapter by Denning at 259]. I do not think the situation is very different in our land. The principle is also nearly settled long ago that a Court has no jurisdiction to grant an ‘interlocut......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. ......………Opposite Parties. Judgment July 19, 2001. Cases Referred To- Abdul Jalil Vs. Abu Bakar Siddique, 35 DLR (AD) 42; Babul Kanti Das and others Vs. Abdul Hashem, 47 DLR (AD) 6. Lawyers Involved: Mainul Hosein with Shamsul Alam, Advocates—For the Petitioner. Md. Ozair F..Category: Civil Law | Date: | Hits: 151
Milon @ Shahabuddin Ahmed Vs. State, 2001, 30 CLC (HCD)
....” The other case cited by the learned Advocate for the appellant is Alamgir Hossain (Md.) alias Alamgir Hossain and another Vs. State reported in 49 DLR 590 wherein it has been observed that “The principle laid down in the said case along with the provision of section 114(g) of the Evidence Act ...... 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. ...... 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. State, 49 DLR 590; Saad Ahmed Vs. State, 35 DLR 41. Lawyers Involved: MA Quddus, Advocate—For the Appellant. Shueb Ahmad, Assistant Attorney-Gen..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.......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.......IR 1936 Allahabad 422, MA Mallik Vs. NH Mallik, 1986 BCR (AD) 56, Ishaque Mia and another Vs. Abdul Mazid and others, 48 DLR 465, Sufia Khanam Chowdhury Vs. Faizunnessa Chowdhury, 39 DLR (AD) 46 . Lawyers Involved: AB Roy Chowdhury—For the Petitioners. Garib Newaz with Maksuda Aktar—For..Category: Property Law | Date: | Hits: 75
Seastar Shipping Lines Ltd. Vs. Bangladesh & others, 2001, 30 CLC (HCD)
....te of receipt of this order. A copy of this order be sent forthwith to the Prime Minister’s Secretariate and the Ministry of Food. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 449.......te of receipt of this order. A copy of this order be sent forthwith to the Prime Minister’s Secretariate and the Ministry of Food. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 449.......ion) Present: Md. Joynul Abedin J ABM Khairul Haque J Seastar Shipping Lines Ltd………Petitioner Vs. Bangladesh & others……….Respondents Judgment May 16, 2001. Lawyers Involved: M Hafizullah with Md. Ohiullah, Advocates—For the Petitioner. Obaidur Rahm..Category: Admiralty Law or Maritime Law | Date: | Hits: 212
State Vs. Md. Shamim alias Shamim Sikder and others, 2000, 29 CLC (HCD)
....before the arrival of accused Shamim who, according to the prosecution case, caused the fatal injury. 33. Section 34 of the Penal Code does not create any distinct offence and merely lays down the principle of joint liability in a criminal act done in furtherance of the common intention of the of......der alias Md. Ratan are allowed and they are found not guilty to the charges levelled against them and they are acquitted in this case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 439........ State, 42 DLR (AD) 3; AIR 1946 PC 45; State Vs. Montu alias Nazrul Haque and 7 others, 44 DLR (AD) 287; Abdul Quddus Vs. State, 43 DLR (AD) 234; Chowla Vs. State of Haryana, AIR 1974 (SC) 1039. Lawyers Involved: Syed Ziaul Karim, Advocate—For the Condemned Prisoner-Appellants. Shamsul ..Category: Criminal Law | Date: | Hits: 50
Gurvinder Singh Vs. Secretary, Ministry of Finance and others, 1992, 21 CLC (HCD)
.... In the result, this Rule is disposed of on the above observations without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 434. ......e than 182 days by specific order issued from the Court of Chief Metropolitan Magistrate in a criminal case prohibiting him from traveling abroad and, as a matter of fact, he was offloaded at the Zia International Airport. A residence needs to be voluntary and not forceful resident and the definitio......: 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 Sobban, Advocate—For the Petitioner. Moksudur Rahman, Advocate—..Category: Fiscal/Taxation Law | Date: | Hits: 98
Hamza Rubber Industries Vs. Golam Dastagir Gazi, 2001, 30 CLC (HCD)
....975(1) All ER 504 (HL), the rule was formulated, it was sufficient if a “triable issue be presented by the plaintiff and the merits need not be gone into”. 10. In UK Laddie, J reconsidered the principle recently and explained American Cyanamid in his judgment in Series 5 Software Vs. Clark, 1...... 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. ......e 103; American Cyanamid Co. Vs. Ethicon Ltd. 1975(1) All ER 504(HL); Series 5 Software Vs. Clark, 1996(1) All ER 853 (Ch D); Colgate Palmolive (India) Ltd. Vs. Hindustan Lever Ltd. 1999(7) SCC 1. Lawyers Involved: Habibul Islam Bhuiyan with Gazi Neamat Hossain, Advocates—For the Appellant. ..Category: Intellectual Property Law | Date: | Hits: 230
....t jurisdiction or made any finding upon no evidence or without considering any material evidence facts causing prejudice to the complaining party or that it had acted mala fide or in violation of any principle of natural justice. In the absence of any of these conditions the interference by the High......ons stated here in above the Rule is liable to be discharged.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 426.
......vernment of Bangladesh represented by the Secretary, Ministry of Works Vs. A Jalil, 49 DLR (AD) 26; CQMH Md. Ayub Ali Vs. Bangladesh 47 DLR (AD) 71; Bangladesh Vs. Md. Abdul Jalil, 49 DLR (AD) 26.
Lawyers Involved:
SS Halder, Advocate—For the Petitioner.
Dr. Kazi Rezaul Hoque, Assistant-A..
Category: Property Law | Date: | Hits: 103
Progoti General Insurance Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....td. 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 overriding title is only attracted. On a perusal of the Indian S......ormulated by us in the negative and in favour of the assessee petitioner. There will be no order of cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 424, 53 DLR (HCD) (2001) 531. ......e 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 Appellant. MA Rahim Bhuiyan, Assi..Category: Fiscal/Taxation Law | Date: | Hits: 104
Sogra Begum Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....tigant should not be punished for the negligence committed by the lawyer or for the ill advice of the Advocate. The learned Advocate further submits that in dealing with a condonation application the principle that substantial justice shall take preponderance over technical consideration should alwa......es not appear to us to be a fit case for granting a certificate as prayed for. Hence the prayer is rejected. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 420, 26 BLD (HCD) (2006) 301. ......rul Islam J AKM Shafiuddin J Sogra Begum………………………….Applicant Vs. Commissioner of Taxes ……………………………Respondent. Judgment August 20, 2000. Lawyers Involved: Md. Altaf Hossain, Advocate—For the Applicant. Not represented—the Resp..Category: Fiscal/Taxation Law | Date: | Hits: 108
Mainuddin Chowdhury & others Vs. State and another, 2001, 30 CLC (HCD)
.... his independent finding on the allegations made and has not also at all considered the attending facts and circumstances of the case including the facts of enmity and counter case. This is a settled principle of law for the purpose of cancellation of bail on the application of the aggrieved person ......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. ......s Vs. Haeesa Farooq & 5 others, 1994 SCMR 1283; Asghar Ali Asad Vs. Mohammed Ramzan & 3 others, 1984 Pak CrLJ (Lahore) 384; Maqbool Ahmed & another Vs. State, P CrLJ 1982 (Lahore) 724. Lawyers Involved: Enayetur Rahim with Md. Alamgir and Md. Jahangir Alam, Advocates — For the Pe..Category: Criminal Law | Date: | Hits: 43
....ered in the negative, and against the Revenue.
Accordingly, the reference is answered in the negative. There will be no order as to costs.
Ed.
This case is also Reported in: 52 DLR (2000) 484.......ered in the negative, and against the Revenue.
Accordingly, the reference is answered in the negative. There will be no order as to costs.
Ed.
This case is also Reported in: 52 DLR (2000) 484.......Applicant
Vs.
Commissioner of Taxes, Intelligence and Investigation Zone.... Respondent.
Judgment
August 23, 1999.
Cases referred to-
1975 BTD 221 (HC); 1977 BTD 18 and 163 (AD).
Lawyers Involved:
MA Noor, Advocate—For the Applicant.
Not represented— the Respondent.
..
Category: Fiscal/Taxation Law | Date: | Hits: 101
Abdul Mannan and another Vs. Bangladesh, 1999, 28 CLC (HCD)
.... Petition No.2259 of 1998 are discharged without any order as to costs. The order of stay granted earlier in both Rules are hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 471. ...... Petition No.2259 of 1998 are discharged without any order as to costs. The order of stay granted earlier in both Rules are hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 471. .......Respondents. Judgment July 7, 1999. Result: Both the writ petitions are discharged without any order as to costs. The order of stay granted earlier in both Rules are hereby vacated. Lawyers Involved: Moudud Ahmed with Azizul Hoque, Advocates—For the Petitioner (In Writ Petitio..Category: Election Law | Date: | Hits: 97
A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....nder of its discretion. It would then not be the authority’s discretion that is exercised, but someone else’s. If an authority surrenders its discretion to another body it acts ultra vires as the principle stated by Venkatachaliah, J in the case of State of UP Vs. Maharaja Dharmander Prasad Sing...... 10. The respondent 3 by his letter dated 21-09-99 informed the petitioners that the appellate authority decided to keep the height of the building at sixty feet only as per provisions of the ICAO (International Civil Aviation Organization), the Civil Aviation Rules, 1984 and Rule 26 of the Buildi...... Referred To- Abdus Sattar Vs. Bangladesh and others, 48 DLR (AD) 180; State of UP Vs. Maharaja Dharmander Prasad Singh, (1989) 2 SCC 505; Munnich Vs. Godstone RDC, (1996) 1 WLR 427, at p. 435. Lawers Involved: M Amir ul Islam with A Hasib, Tania Amir, MA Tariq, MA Hannan and Manzil Murshe..Category: Property Law | Date: | Hits: 125
Osena Begum alias Babuler Ma and another Vs. State, 2003, 32 CLC (HCD)
....r case. Let a copy of this judgment be sent to the learned Additional Sessions Judge for his guidance. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 299. ......r case. Let a copy of this judgment be sent to the learned Additional Sessions Judge for his guidance. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 299. ......ya Pradesh, 1953 AIR SC 420; Momin alias Md. Mominul Hoque Vs. State, 1996 BLD 246 = 48 DLR 282; State Vs. Manna Gazi, 6 BLC 187; Paparamabak Rosamma Vs. State of Andhra Pradesh, (1999) 7 SCC 695. Lawyers Involved: Khorshid Alam Khan with Rezbaul Kabir, Md. Zulfiqur Matin and Md. Asaduzzaman, ..Category: Criminal Law | Date: | Hits: 49
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