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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.......rt passed in Writ Petition No.488 of 1974. 2. The appellant is a registered Partnership firm declared an excess income of Tk. 1,40,000/- for 9 assessment years beginning from the year 1960-61 in terms of Martial Law Regulation No.32 of 1969 known as Income Tax (Correction of Return and False De......Appellate Division (Civil) Present: Kemaluddin Hossain C J K M Subhan J Badrul Haider Chowdhury J Mullick Brothers……………………….Appellant Vs. Income Tax Officer and another……………………………Respondents Judgment November 30, 1978. Result:..Category: Fiscal/Taxation Law | Date: | Hits: 122
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 duly served, or that he was prevented by any sufficient cause from appearing when the 511. was called for hearing, the Court shall make an order setting aside the decree as against him upon such terms as to costs, payment into Court or otherwise as it thinks fit, and shall appoint a day for pro......AK Badrul Huq J Sonali Bank…………………..Petitioner Vs. Mozaffor Hossain………………….Opposite Party Judgment August 17, 1997. Result: The Rule is made absolute and the Order of stay stands vacated. Lawyers Involved: Md. Shahidul Haque, Advocate - For the..Category: Procedural Law | Date: | Hits: 80
....down the lower Court records immediately.
Cost assessed by the lower Court in respect of the share of the suit land is maintained.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 156.
...... in 40 DLR (AD) 150 (Sree Jugal Kishori Sarker Vs. Azizur Rahman and others) their Lordships observed:
“As to the meaning of dwelling house for the purpose of section 4 it was noticed:
“The terms house or dwelling house are ambiguous terms and for the purpose of section 4 of the Partition ......maintained.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 156.
..
Category: Property Law | Date: | Hits: 63
Doris Waldman Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....en made without lawful authority and are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 151.......y that the petitioner engaged herself in any business other than the one mentioned in Annexure-A(1). 5. Annexure-B to the writ petition has been assailed by the petitioner in clear an unmistakable terms. It is stated that by it the petitioner has not only been black-listed and also deported from .........Category: Criminal Law | Date: | Hits: 87
Jamil Akhter Elahi (Md.) Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....ion is misconceived and the Rule is liable to be discharged. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 64....... a public authority for all practical purposes and, in that view of the matter, this writ petition is maintainable. 16. It appears that as a bank, it provides various kinds of loans to all, on its terms and conditions. It has also special loan facilities for all of its employees in a reduced rate......ision (Special Original Jurisdiction) Present: ABM Khairul Haque J Md. Mamtazuddin Ahlmed J Jamil Akhter Elahi (Md.) ………………petitioner Vs. Government of Bangladesh and others…………….Respondents Judgment June 24, 2009. Result: The Rule is discha..Category: Others | Date: | Hits: 134
....
The leave petitions are disposed of with the above observations and modifications of the earlier as well as the impugned judgments.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 91.
......s for recruitments which is illegal. The writ petitioners have legitimate expectation for being absorbed in the revenue set up. Same Bench of the High Court Division made the rule absolute on similar terms as in Writ Petition No.5367 of 2010.
C.P. No. 2169 of 2011
5. This petition arose out of......sain CJ
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
The Chief Engineer, the Local Government and Engineering Department, LGED Bhaban, Agargaon, Sher-E-Bangla Nagar, Dhaka…………………..
Category: Employment/Service Law | Date: | Hits: 147
Chutta Miah Vs. State, 2004, 33 CLC (HCD)
.... made above and in accordance with law after giving the petitioner an opportunity to recall the prosecution witnesses for cross-examination. Ed. This Case is also Reported in: 56 DLR (2004) 610. ......oner to present his case by cross-examining the PWs which has resulted in failure of justice to the petitioner. 6. Section 540 of the Code of Criminal Procedure is expressed in the widest possible terms and it cannot be said that the intention of this section is to limit its application to the wi......mant in the aforesaid Sessions Case No. 104 of 2001 under sections 302/34 of the Penal Code. 3. During trial the accused petitioner Chutta Mia remained absconding. He was arrested on 14‑2‑2004 and produced before the Court on 17‑2‑2004. Meanwhile, prosecution examined as many as 14 witnes..Category: Criminal Law | Date: | Hits: 68
Dr. Qazi Faruque Ahmed Vs. State, 2004, 33 CLC (HCD)
....the petitioner the trial Court shall have the liberty to deal with the question of bail of the accused‑petitioner in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 600. ...... General also pointed out that co-accused Abdur Rob made a confession on 24‑5‑2004 before the Magistrate, 1st Class, Manikganj disclosing the complicity of the petitioner in this case in specific terms. Therefore, this petitioner does not deserve bail in the present case at this stage, which inv......o show cause why the petitioner Dr. Qazi Faruque Ahmed should not be enlarged on bail in Pallabi PS Case No. 31(6) 2004 dated 20‑6‑2004 now pending before the Chief Metropolitan Magistrate, Dhaka and or such other or further order or orders passed as to this Court may seem fit and proper. 2. ..Category: Criminal Law | Date: | Hits: 81
Kazi Liakat Ali and others Vs. Chairman, Civil Aviation Authority and another, 2003, 32 CLC (HCD)
....harged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. We however, make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595.......f any legal right or legitimate expectations of the petitioners arising out of their appointment have been violated by the impugned tender notices. 11. The laws regulating the general appointment, terms and conditions of services of the officers and employees of the Authority are generally guided...... Ed. This Case is also Reported in: 56 DLR (2004) 595...Category: Employment/Service Law | Date: | Hits: 125
Al Baraka Bank Bangladesh Ltd. Vs. Rina Alam and another, 2004, 33 CLC (HCD)
....ffirmed. The bank is directed to return the schedule document within seven days of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 588.......of the loan of Taka 99,50,000 and offered to mortgage the property of the plaintiff which was given in mortgage against the loans of Shawkat Ali. Defendant bank sanctioned Bai-Muajjal facility and in terms of the facility the plaintiff on 17‑3‑88 executed a memorandum of deposit of title deeds a...... High Court Division (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Siddiqur Rahman Miah J Al Baraka Bank Bangladesh Ltd ....................Appellant Vs. Rina Alam and another............Respondents Judgment April 12, 2004. Result: The appeal is dismis..Category: Civil Law | Date: | Hits: 109
Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)
....ugned order was appealable under section 96 of the Act. 7. Secondly, it was submitted that the remedy by way of a statutory appeal was efficacious enough to disentitle the petitioner to invoke the extraordinary jurisdiction of this Division under, Article 102 of the Constitution. 8. Thirdly, i......vent of any conflict between the Act and the English text, the Act shall prevail. The law is, no doubt, new. It was mainly made to meet the challenges of bankruptcy under the free market economy. The terms and sections of the Act considered, and upon which views expressed by the Court in Bengali are......rt Division (Special Original Jurisdiction) Present: Md. Abdur Rashid J S Rahman Miah J Abdur Rashid Chowdhury...........................Petitioner Vs. Additional District Judge and others……………Respondents Judgment October 20, 2003. Result: The Rule is made..Category: Others | Date: | Hits: 185
Govt. of People's Republic of Bangladesh Vs. Md. Habibur Rahman @ Manu, 1978, 7 CLC (AD)
....on and no consideration of the merit of the case or the detention order arises and so this appeal is disposed of in the terms aforesaid. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 152.......tention of a person. This appeal, as already indicated raises a narrow question and no consideration of the merit of the case or the detention order arises and so this appeal is disposed of in the terms aforesaid. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 152......., 72 I.A. 241; AIR 1945 P.C. 336; Annie Basant Vs. Emperor, ILR 39 Madras 1085; Queen Empress Vs. Bal Gangadhar Tilak, ILR 22 Bombay 112; Z. A. Suleri Vs. The Crown, PLD 1954 Sind 80; Diwan Parkash Chand Vs. Emperor, AIR 1937 Lahore 513; State of Bombay Vs. Purushottam, AIR 1952 S.C. 317; A. Sanjeev..Category: Criminal Law | Date: | Hits: 63
....ration will pay the arrear salary to the employees immediately.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 1.
......e order of termination was declared illegal by the High Court Division in several Writ Petitions. He further submits that in the Judgment of the High Court Division it has been stated in no uncertain terms that the order of termination is illegal, void, unconstitutional and without lawful authority.......also Reported in: 62 DLR (HCD) (2010) 1.
..
Category: Criminal Law | Date: | Hits: 83
Mantu Faraji alias Jamal Faraji and others Vs. Mahiuddin Khan, 1996, 25 CLC (HCD)
.... is a raiyati land within a village and so section 96 of the Act is attracted. In the result, the Rule is discharged without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 147. ......ange in the incidents of the right. In other words, it does not materially affect the character of the land in respect of which the right of pre-emption can be claimed.” 11. Section 96, in clear terms, lays down that this right of pre-emption will be available only in respect of a ‘holding....... This Case is also Reported in: 50 DLR (HCD) (1998) 147. ..Category: Property Law | Date: | Hits: 70
Sonali Bank Vs. Mahbubul Amin & others, 1989, 18 CLC (HCD)
....Execution Case No.791 of 1986 is vacated. The Execution Case will proceed in accordance with law. The records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 298. ......on Case No.791 of 1986. 2. The plaintiff/decree-holder filed a Money Suit against the defendant Bank and others for recovery of an amount of Tk. 97,750/-. The suit was decreed in the following terms: "That the suit be decreed on contest against the defendants 1-3 with costs and ex parte ag......ution Case will proceed in accordance with law. Cases Referred to- AIR 1940 (Madras) 29; AIR 1937 (Madras) 511; AIR 1931 (Madras) 650; 3 BCR 1983 (HCD) 339; M/s. M.M. Ispahani Vs. Sonali Bank and Ors., 1985 DLR (AD) 1. Lawyers Involved: Asrarul Hossain with Syed Sakhwat Ali - For petit..Category: Procedural Law | Date: | Hits: 74
....9.8.82.
We, therefore, find no ground for interference.
In the result the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 265.
......e total period of suspension cannot exceed 67 days. The respondent No.2 has been kept on suspension from 19.8.82 onwards. Even when the enquiry was completed and an order was passed on 23.1.83 in terms of the recommendations of the Inquiry Committee directing him to refund Tk. 12,032/-within 15.......Writ Petition No. 471 of 1986.
Judgment
Mustafa Kamal J.- This Rule Nisi obtained under Article 102 of the Constitution of the People's Republic of Bangladesh calls into question the judgment and order dated 13.8.86 passed by the Chairman, 2nd Labour Court, Dhaka, respondent No.1, in Complai..
Category: Labour and Industrial Law | Date: | Hits: 166
Shamir Ghosh Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....s. Accordingly, the trial Court is directed to dispose of the suit preferably within 3(three) months from the date of receipt of the order, Ed. This Case is also Reported in: 56 DLR (2004) 560. ......o. 1 accepted the said prayer and granted yearly lease for Taka 5,712 per year. Accordingly, the lease money has been deposited on year‑to‑year basis. Accordingly, the plaintiff complied with the terms and conditions of the lease and paid rent and taxes upto date. On 19‑6‑2000 the defendant ......reme Court High Court Division (Civil Revisional Jurisdiction) Present: Mir Hashmat Ali J Shamir Ghosh……………Petitioner Vs. Government of Bangladesh represented by the DC and others...............Opposite Parties Judgment February 17, 2004. Result: The Rule i..Category: Property Law | Date: | Hits: 62
Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)
.... Huq and others, 27 DLR 256 and the decision in the case of Unimarine SA Panama Vs. Bangladesh, 31 DLR (AD) 112. In Shamsul Huda it has been held that the power conferred under Order 38 rule 5 CPC is extraordinary power whereby a party in the suit may be prevented from use and enjoyment of his own p......and in the name of respondent No.2. The appellant 1 started business with respondent 1 from September 27, 1988 and it placed an order for purchase of ASTM A 615 Grade 60 MT deformed bar under certain terms and conditions at the rate of Taka 22418 per metric ton. The respondent agreed to supply the m......ourt Division (Civil Miscellaneous Jurisdiction) Present: AM Mahmudur Rahman J Md. Nurul Islam J Nirman International Ltd…………………Appellant Vs. Islam Steel Mills Ltd. and others……………………Respondents Judgment February 5, 1997. Result: The app..Category: Procedural Law | Date: | Hits: 118
Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)
....accordance with law on the evidence adduced by the parties, if any. Send down the copy of this judgment and order to Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 545.......y evidence which is thus, not sustainable in law. Those findings also tantamount to disposal of the suit on merit in interlocutory matter. Mr. Fida M Kamal has submitted that a discretionary order in terms of temporary injunction granted subject to final order passed in the Suit should not be interf......Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 545...Category: Civil Law | Date: | Hits: 74
....er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 49....... present case, the plaintiff asserted that he was in possession of the suit land upon taking settlement in 1357 BS but was dispossessed by the defendants in 1368 BS and as such Article 142 applies in terms. The Courts below, however, disbelieved the plaintiffs case of alleged possession and disposse......azzam Husain J
Government of Bangladesh, represented by the Deputy Commissioner, Sylhet..................Defendant No.1-Appellant-Petitioner.
Vs.
Syed Rashid Ahmed Ehsan @ Syed Abdur Rashid and others................Plaintiff- Respondent-Opposite parties.
Judgment
August 19, 2010.
..
Category: Property Law | Date: | Hits: 64
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