Judgment search - Chancery Law Chronicles

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Nurun Nabi Mullah and others Vs. Abdul Karim, 2005, 34 CLC (AD)

.... runs over plot No. 685 covering a area of.15 acre and 0.29 acre of land which previously possessed by the tenants of Barada Kanta Chakravarty now is being possessed the tenants under the Government, that Barada Kanta Chakravarty did not sell .81 acre of land or any land to the plaintif......emo, dated 22.11.2003 furnished the information. The contents of the said Memo, runs as follows: "Government of Bangladesh Office of the Deputy Commissioner, Dhaka &nbs......There is no order as to costs. Ed. ......d. ..

Category: Property Law | Date: | Hits: 40

M/S Ashraf Vs. Md. Zahangir Alam & ors, 2005, 34 CLC (AD)

....nted earlier in Civil Petition No.223 of 2005 be extended for further 6 (six) months from date. The petitioners are directed to make the appeals ready for expeditious hearing. Ed. ...... Mohammad Fazlul Karim J Amirul Kabir Chowdhury J M/S Ashraf and sons represented by its Proprietor, Ali Ashraf............Petitioners (In Civil Petition No. 223 of 2005) Bangladesh represented by the Secretary, Ministry of Public Works and Housing, Bangladesh Secretari...... ......on No. 223 of 2005) Bangladesh represented by the Secretary, Ministry of Public Works and Housing, Bangladesh Secretariat, Dhaka........Petitioner (In Civil Petition No. 490 of 2005) Vs. Md. Zahangir Alam & ors .....................Respondents (In Civil Petition No. 223 ..

Category: Civil Law | Date: | Hits: 97

Esquire Electronics Ltd. Vs. Bangladesh, 2007, 36 CLC (AD)

.... value declared by the petitioner. 3. That the case of the petitioner, in short, is that the petitioner in course of his business following the import policy of the Government and the Customs Act, 1969, imported 114 sets of General Brand Split type air......l Amin J Md Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Esquire Electronics Ltd......................Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Finance, Internal Resources Division (Cus......ury J Esquire Electronics Ltd......................Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Finance, Internal Resources Division (Customs) and ors.............................Respondents Judgment November 30, 2005 Case...... Md Ruhul Amin J Md Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Esquire Electronics Ltd......................Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Finance, Internal Resources Di..

Category: Fiscal/Taxation Law | Date: | Hits: 126

Serajul Hoque (Md) Vs. Government of Bangladesh, 2007, 36 CLC (AD)

....: Syed JR Mudassir Husain CJ MM Ruhul Amin J A Kabir Chowdhury J Serajul Hoque (Md)...........................................................Petitioner Vs. Government of Bangladesh represented by the Secretary, Ministry of Shipping and others.......R......ce three days later than respondent No. 4 and he was made permanent in service six months after the respondent No. 4. The learned Advocate for the petitioner submits that as per Regulation 10(2) of Bangladesh avvontorin nou poribohon kortipokho er karmochari chakuri Probidhan mala, the seniority ......ry J Serajul Hoque (Md)...........................................................Petitioner Vs. Government of Bangladesh represented by the Secretary, Ministry of Shipping and others.......Respondents Judgment June 18, 2006. Lawyers Involved: A...... Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J A Kabir Chowdhury J Serajul Hoque (Md)...........................................................Petitioner Vs. Government of Bangladesh represented by the Secretary, Ministry of Shipping and oth..

Category: Employment/Service Law | Date: | Hits: 59

Sayeda Shajada Hossain & another Vs. Wega Fashion Sweater (Pvt) Ltd & ors., 2007, 36 CLC (AD)

.... them prior notice or chance of being heard. The further case is that the land of the writ petitioners was allotted to the appellant in CA No. 62 of 2004 (Wega Fashion Sweater Pvt Ltd) by altering Government's earlier decision. The further case is that one Mrs. Madlena D Rozario purchased the la......horising the Government to release any land once it vested in the Government by acquisition according to law. 4. The respondent No. 1, Government of Bangladesh represented by the Secretary, Ministry of Land and respondent No. 5, Sub-Divisional Eng......ash;Respondent Nos. 3-9. (In CRP No. 78 of 2006) Not represented—Respondents (In CRP No. 84 of 2006) Civil Review Petition Nos. 77-78 & 84 of 2006. (From the judgment and order dated 1 -8-2006 passed by the Appellate Division in Civil Appeal Nos. 62, 63 & 64 of ......Appellate Division (Civil) Present: Md Ruhul Amin J MM Ruhul Amin J Md Tafazzul Islam J Sayeda Shajada Hossain & another......... ...Petitioners Vs. Wega Fashion Sweater (Pvt) Ltd & ors......Respondents Judgment Decembe..

Category: Property Law | Date: | Hits: 37

Bangladesh Bank Vs. Sk. Abul Hossain and others, 2007, 36 CLC (AD)

.... correct principle of law as applicable in the present case, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. ......e with the same. The petition is dismissed. Ed. ......uhul Amin J Md Tafazzul Islam J Bangladesh Bank……………………………....Petitioner Vs. Sk. Abul Hossain and others .................Respondents Judgment May 2, 2006. Cases Referred ...... Present: Md Ruhul Amin J Md Tafazzul Islam J Bangladesh Bank……………………………....Petitioner Vs. Sk. Abul Hossain and others .................Respondents Judgment May 2, ..

Category: Business or Commercial Law | Date: | Hits: 99

Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)

....d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ......n whose name was later disclosed as Mamun and that some leaflets were also found from his possession wherein it was written “Manob rachito ain manina, Quraner ain chalu karo’-Jamiyutul mujahedin, Bangladesh. 71. P.W 2 Anisur Rahman in his evidence deposed that he attended a meeting held in a......nt: Syed JR Mudassir Husain CJ Md. Ruhul Amin J Md. Fazlul Karim J M M Ruhul Amin J Md. Tafazzul Islam J A Kabir Chowdhury J Md. Joynul Abedin J Iftekhar Hasan (Md) @ Al Mamun and others................Petitioners vs State…………………………………………......d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ..

Category: Criminal Law | Date: | Hits: 213

Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)

....rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ......2004 Case Referred To- Girijanandini Devi and others vs Bijendra Narain Choudhury AIR 1967 SC 1124; Nawab All Dhakua vs Abdur Rahman and others 1994 BLD (AD)229; Munshi Mahmud AH and another vs Bangladesh and others 1986 BLD (AD) 56; Watt vs Thomas (1947) 1 All ER 582. Lawyers Involved: ......rt Appellate Division (Civil) Present: Md. Ruhul Amin J M M Ruhul Amin J Md. Tafazzul Islam J Chairman, Mongla Port Authority............. Appellant Vs. Kazi Brothers and others…………………………Respondent Judgment June 22, 2004 Case Referred To-....... Ed. ..

Category: Civil Law | Date: | Hits: 109

Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)

....well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ......d. This Case is also Reported in: 59 DLR (2007) (AD) 6. ......Civil) Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J A Kabir Chowdhury J Bangladesh Agricultural Development Corporation (BADC)..............Petitioner Vs. Artha Rin Adalat and others ...............Respondents Judgment June 29, 2006. Result: The petitions are......Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J A Kabir Chowdhury J Bangladesh Agricultural Development Corporation (BADC)..............Petitioner Vs. Artha Rin Adalat and others ...............Respondents Judgment June 29, 2006. Resu..

Category: Business or Commercial Law | Date: | Hits: 135

Serajul Islam (Md) Vs. The Director General of Food, 1990, 19 CLC (AD)

.... to Appeal No. 64 of 1990. (From judgment and order dated 18.2.90 passed by the High Court Division, Dhaka, in Writ Petition No. 309 of 1990). Judgment Shahabuddin Ahmed CJ. - Petitioner, a Government servant, is seeking leave to appeal from an order of the High Court Division dated 18 Feb...........Petitioner Vs. The Director General of Food...……………………………...Respondent Judgment March 27, 1990. Result: The petition is dismissed. The Constitution of Bangladesh, 1972, Articles 35, 102, 117 Bar to conviction and punishment more than once for the s......��………………………...Respondent Judgment March 27, 1990. Result: The petition is dismissed. The Constitution of Bangladesh, 1972, Articles 35, 102, 117 Bar to conviction and punishment more than once for the same offence as referred to in Article 35 relates to criminal ......ivil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Serajul Islam (Md)........…………………………..............Petitioner Vs. The Director General of Food...……………………………...Respondent Judgment ..

Category: Constitutional Law | Date: | Hits: 159

NBR, Government of Bangladesh and anr Vs. M/S. Bata Shoe Company (BD) Ltd., 1990, 19 CLC (AD)

....1990) 195. ......preme Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J National Board of Revenue, Government of Bangladesh and anr........................Appellants Vs. M/S. Bata Shoe Company (Bangladesh)...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J National Board of Revenue, Government of Bangladesh and anr........................Appellants Vs. M/S. Bata Shoe Company (Bangladesh) Limited ........: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J National Board of Revenue, Government of Bangladesh and anr........................Appellants Vs. M/S. Bata Shoe Company (Bangladesh) Limited ............……………………………�..

Category: Fiscal/Taxation Law | Date: | Hits: 114

State Vs. Mohammad Khan and others, 1990, 19 CLC (AD)

.... (1990) 192. ......e Division (Criminal) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J The State, represented by the Solicitor, Government of the People's Republic of Bangladesh.........Appellant Vs. Mohammad Khan and others……………………………..........Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J The State, represented by the Solicitor, Government of the People's Republic of Bangladesh.........Appellant Vs. Mohammad Khan and others…………………………….....Respondents Judgment March 5, 1990. Result......sent: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J The State, represented by the Solicitor, Government of the People's Republic of Bangladesh.........Appellant Vs. Mohammad Khan and others…………………………….....Respondents Judgment Mar..

Category: Criminal Law | Date: | Hits: 117

Bangladesh Vs. Md. Ibrahim Bepari and others, 1989, 18 CLC (AD)

....cial leave granted to the appellants, Bangladesh and another, to examine the legality and propriety of a decree for specific performance of a contract for sale of a residential flat in Chandpur Government Housing Estate. The decree was passed by the Munsif, Chandpur, is T.S. No. 74 of 1975; it......LR (AD) (1990) 184. ......vision (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J The People's Republic of Bangladesh, represented by the Deputy Commissioner, Chandpur and others.…………....Appellants Vs. Md. Ibrahim Bepari and others..…………�...... Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J The People's Republic of Bangladesh, represented by the Deputy Commissioner, Chandpur and others.…………....Appellants Vs. Md. Ibrahim Bepari and others..………………………....Respondents Judgment Jun..

Category: Property Law | Date: | Hits: 40

Laizu Begum and others Vs. Election Commission and others, 1989, 18 CLC (AD)

....��…….Respondents (In all the appeals) Judgment November 14, 1989. Result: The appeals are dismissed. The Union Parishad (Election) Rules, 1983 Rules 6, 9, 26 & 29 The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), section 26 Harmonious interpretation ......ated, as has been rightly pointed out by the High Court Division. In the result, the appeals are dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 180.......lant Atiur Rahman Munshi………………………….................Appellant Nurul Islam Sarkar....………………………….................Appellant Vs. Election Commission and others....…………………………….Respondents (In all the appeals) Judgment Nove......�………………....Appellant Atiur Rahman Munshi………………………….................Appellant Nurul Islam Sarkar....………………………….................Appellant Vs. Election Commission and others....…………………………….Respondents (In all the ..

Category: Election Law | Date: | Hits: 163

Nurul Huq Khan Vs. GM, Sonali Bank, Head Office, Dhaka, Bangladesh and others, 1989, 18 CLC (AD)

....as deprived of procedural protection which was available to him at the initiation of the proceeding. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 179. ...... MH Rahman J ATM Afzal J Nurul Huq Khan.................…………………………………………….Plaintiff-Petitioner Vs. General Manager, Sonali Bank, Head Office, Dhaka, Bangladesh and ors...………….Defendant- Respondents Judgment May 2, 1989. Result: ......n J ATM Afzal J Nurul Huq Khan.................…………………………………………….Plaintiff-Petitioner Vs. General Manager, Sonali Bank, Head Office, Dhaka, Bangladesh and ors...………….Defendant- Respondents Judgment May 2, 1989. Result: The petitio...... Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Nurul Huq Khan.................…………………………………………….Plaintiff-Petitioner Vs. General Manager, Sonali Bank, Head Office, Dhaka, Bangladesh and ors...………….Defenda..

Category: Employment/Service Law | Date: | Hits: 98

Atiqur Rahman and another Vs. State, 1989, 18 CLC (AD)

....eport, to the police who treated it as the first information report and registered a case on 17 October 1983. In due course, the police investigated the case and after obtaining sanction from the Government submitted Charge-sheet against the two appellants and one Ratan chandra Sarkar, Assista......ppellants is found to be justified based on correct appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ......ted in: 42 DLR (AD) (1990) 176. ......nal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Atiqur Rahman and another…………………………………………....Appellants Vs. The State...............………………………………………...............Responden..

Category: Criminal Law | Date: | Hits: 45

Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)

....ted in the importer inasmuch as the respondent had acted upon assurance that the favourable terms mentioned in the earlier Notification will be applicable to him. He acted upon this assurance and now Government cannot retrace its steps and say that he will have to pay Customs duty at the rate mentio......peal is dismissed. The Customs Act (IV of 1969) Sections 19, 30 & 194 The Sales Tax Ordinance (XVIII of 1982) Section 4(1) The Evidence Act (I of 1872) Section 115 The Constitution of Bangladesh, 1972, Article 102 Promissory Estoppel Notification dated 3.10.84 under section 19 ......7. ......esent: Badrul Haider Chowdhury CJ Shahabuddin Ahmed J MH Rahman J ATM Afzal J Collector of Customs, Custom House, Chittagong and others................................Appellants Vs. A. Hannan...........................…………………………………………………..

Category: Fiscal/Taxation Law | Date: | Hits: 153

Commissioner of Taxes, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)

....ereas section 60 of the Income Tax Act is a statutory law and as such no notification under such law can control the sub-constitutional legislation. Section 60 reads as: — "60. (1) The (Government) may, by notification in the (official Gazette), make an exemption, reduction in rate......ovember 8, 1989. Result: The appeals are dismissed. The Income Tax Act (XI of 1922) Sections 2(15), 4(1) & 60 The President's Order No. 21 of 1973, Article 10 The Constitution of Bangladesh, 1972, Article 147 Whether a notification under section 60 of the Income Tax Act, 1922......nnot control the President’s Order No. 21 of 1973 in as much as President’s Order has achieved the status of constitutional legislation whereas section 60 of the Income Tax Act is a statutory law and as such no notification under such law can control the sub-constitutional legislation. In that v......Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J MH Rahman J ATM Afzal J Commissioner of Taxes, Dhaka (West) Zone, Dhaka.……………......Appellants Vs. Shahabuddin Ahmed..……………………………………………………................

Category: Fiscal/Taxation Law | Date: | Hits: 111

Moslehuddin (Md) Vs. State, 1990, 19 CLC (AD)

....de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ......de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ......ment January 2, 1990. Result: The appeal is allowed. The Code of Criminal Procedure (V of 1898) Section 367, 423 If judgement of the trial court cannot be termed as a judgement at all and fail to fulfill requirements of section 367 of the Cr.P.C. then only order of remand for writing...... Appellate Division (Criminal) Present: Shahabuddin Ahmed J MH Rahman J ATM Afzal J Mustafa Kamal J Moslehuddin (Md).................…………………..........Appellant Vs. The State……………………………………..…………………..Respondent Ju..

Category: Criminal Law | Date: | Hits: 52

Zaker Hossain Vs. Abdur Rahim and Others, 1989, 18 CLC (AD)

.... available by way of election petition before the Tribunal. In the circumstances, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 153. ..............Appellant Vs. Abdur Rahim and Others.....……………………………...Respondents Judgment March 19, 1989. Result: The appeal is dismissed. The Constitution of Bangladesh, 1972 (as amended up to date) Art. 102 Election Commission may direct re-poll, or acce......nt: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Zaker Hossain………………………................................Appellant Vs. Abdur Rahim and Others.....……………………………...Respondents Judgment March 19, 1989. ...... (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Zaker Hossain………………………................................Appellant Vs. Abdur Rahim and Others.....……………………………...Respondents Judgment ..

Category: Election Law | Date: | Hits: 152

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