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Osarunnessa Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....ared to have been passed without lawful authority and is of no legal effect and hereby set aside. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ...... ......2) 417. ......et aside. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ..

Category: Civil Law | Date: | Hits: 134

Abdul Khaleque Shah Vs. Administrator of Waqfs and others, 1996, 25 CLC (HCD)

....d for time and thereupon one month's time from 28‑11‑1989 was allowed, that on 25‑11‑1989 respondent Nos.2 and 3 filed a petition before the Minister‑in‑Charge of Religious Affairs of the Government of Bangladesh for removal of the petitioner from the office of Mutwalli of the Waqf Estat...... thereupon one month's time from 28‑11‑1989 was allowed, that on 25‑11‑1989 respondent Nos.2 and 3 filed a petition before the Minister‑in‑Charge of Religious Affairs of the Government of Bangladesh for removal of the petitioner from the office of Mutwalli of the Waqf Estate and that in ...... Supreme Court High Court Division (Special Original Jurisdiction) Present: Md. Ruhul Amin J Md. Asaduzzaman J Abdul Khaleque Shah……………………………….Petitioner Vs. Administrator of Waqfs and others…………………………………..Respondents Judg......2 is set aside. There is no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 427. ..

Category: Trust/Waqf Law | Date: | Hits: 85

Mohammed Ali Vs. Director, Marine Fisheries Office and others, 2009, 38 CLC (HCD)

.... against such refusal, cancellation or suspension." Sub-section (3) of that section provides: "(3) Where the decision appealed against has been made by the Director, the appeal shall lie to the Government; and where the decision appealed against has been made by a fisheries officer appointed u......abia Begum, Advocates — For Respondent No. 3. Writ Petition No. 1601 of 2009. Judgment SM Hossain J. - In this application under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned...... (HCD) (2009) 769. ......icence dated 23-2-2009 in favour of the petitioner only after complying with all statutory provisions. There is no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 769. ..

Category: Civil Law | Date: | Hits: 124

Chittagong Dry Dock Ltd. Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)

....e head "Capital gains". Provided further that for the purposes of this section the Deputy Commissioner of Taxes shall, in computing any loss, deduct any amount received in cash as subsidy form the Government. (Bold and underlined given by us) "38. Carry forward of business loses, - Wher......004) dismissing the appeal. 2. Facts relevant for disposal of the reference application are as follows: - The assessee-applicant, Chittagong Dry Dock Limited is a state owned company under the Bangladesh Steel and Engineering Corporation. Every transaction in the books of accounts of the asse...... 412. ......ervations made in the body of the Judgment. The Registrar is to take steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 412. ..

Category: Fiscal/Taxation Law | Date: | Hits: 107

Neo Mendes and others Vs. State, 2007, 36 CLC (HCD)

....t this rules i.e. Criminal Miscellaneous Case No.7514 of 2001 is discharged as being infructuous. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 300. .......52187 dated 23.12.2000 for 284 cartoons valued at US$ 22,262.76. It has been alleged that cargo may be delivered after surrendering documents and before surrendering these are to be endorsed by Arab Bangladesh Bank Ltd., and the Bank will endorse it only after receiving payment on behalf of the com......300. ....... Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 300. ..

Category: Criminal Law | Date: | Hits: 70

Nazrul Islam (Md.) Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....puty Commis­sioner, Rajshahi, respondent No.2 vide his Office Process No.259/7(16) dated 5-10-1997, served a notice upon the petitioner under section 6 of the Ordinance (Annexure-B) stating that the Government has decided to acquire his property and intends to take possession thereof and asked the ...... ......08) 39. ......is Case is also Reported in: 13 BLC (HCD) (2008) 39. ..

Category: Property Law | Date: | Hits: 62

Dr. M. Rafiquzzaman Vs. Bangladesh Shilpa Bank, 2006, 35 CLC (HCD)

....k any adjournment. The order of stay is vacated and the connected civil rule is discharged. Let the L.C.R be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 18. ......ourt High Court Division (Civil Jurisdiction) Present: Md. Arayes Uddin J SM Emdadul Hoque J Dr. M. Rafiquzzaman, the Chairman, Rafi Systems Ltd……………Appellant Vs. Bangladesh Shilpa Bank……………………………………………………………..Respond......upreme Court High Court Division (Civil Jurisdiction) Present: Md. Arayes Uddin J SM Emdadul Hoque J Dr. M. Rafiquzzaman, the Chairman, Rafi Systems Ltd……………Appellant Vs. Bangladesh Shilpa Bank…………………………………………………………….......e is discharged. Let the L.C.R be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 18. ..

Category: Civil Law | Date: | Hits: 127

Md. Liton Bhuiyan @ Md. Liton Mia Vs. State, 2008, 37 CLC (HCD)

..... In the result, the Rule is discharged. Order of stay granted by this Court stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 323. ....... In the result, the Rule is discharged. Order of stay granted by this Court stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 323. ......Criminal Appellate Jurisdiction) Present: Sikder Maqbul Huq J Md. Fazlur Rahman J Md. Liton Bhuiyan @ Md. Liton Mia……………………………………………Accused-Petitioner Vs. The State………………………………………Opposite Party Judgment August 28......the order at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 323. ..

Category: Criminal Law | Date: | Hits: 90

Hotel Zakaria International (Pvt.) Ltd. Vs. National Board of Revenue (NBR) and others, 2010, 39 CLC (HCD)

....ers………………………………………Respondent Judgment February 24, 2010. Result: The Rule is made absolute in part. Case Referred to- Ms. Camico Laboratories Ltd Vs. Government Bangladesh and others, 11 MLR (AD) 192. Lawyers Involved: Md. Sadullah, Advocate - ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Respondent Judgment February 24, 2010. Result: The Rule is made absolute in part. Case Referred to- Ms. Camico Laboratories Ltd Vs. Government Bangladesh and others, 11 MLR (AD) 192. Lawyers Involved: Md. Sadullah, Advocate - For the pet......vision (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hague J Hotel Zakaria International (Pvt.) Ltd………………………………………Petitioner Vs. National Board of Revenue (N.B.R) Represented by its Chairman, Segunbagicha, Dhaka and other......per notice dated 15th July, 2007(Annexure-B). Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 388. ..

Category: Fiscal/Taxation Law | Date: | Hits: 107

Saleha Khatoon @ Saleha Begum Vs. Abdur Rahman Kha, 2009, 38 CLC (HCD)

....uch suit. Nothing in this section shall bar any person from suing to establish his title to such property and to recover possession thereof. No suit under this section shall be brought against the Government. No appeal shall lie from any order or decree passed in any suit instituted under this......rimuddin and others Vs. Aftabuddin Ahmed and others, 14 BLD page 134; SAM Mahbub Elahi represented by Md. Jahangir Alam Vs. Md. Shah Alam and others, 8 BLC page 484; Registrar of the Supreme Court of Bangladesh Vs. Md. Shafiuddin son of late Md. Asuruddin, 10 BLT (AD) 50. Lawyers Involved: A.B...... Reported in: 30 BLD (HCD) (2010) 486. ......es Referred to- Ashiny Kumar Karmaker Vs. Hari Mohan Shil and others, 1984 BLD (AD) page 29; Karimuddin and others Vs. Aftabuddin Ahmed and others, 14 BLD page 134; SAM Mahbub Elahi represented by Md. Jahangir Alam Vs. Md. Shah Alam and others, 8 BLC page 484; Registrar of the Supreme Court of Ba..

Category: Civil Law | Date: | Hits: 114

Nirmal Chandra Halder Vs. Hasina Begum and others, 2012, 41 CLC (HCD)

.... predecessors-in-interest to the plaintiffs and proforma defendants 16-20 by way of a registered sale deed No.5 dated 3.1.1928. After so transfer, they were possessing the land by paying rents to the Government. As the land measuring 3.87 acres in plot Nos.756 and 701 and 1.72 acres of land in plot ......rt considers that further evidence is required to be adduced, it is at liberty to give the parties such opportunity. Send down the lower Court’s records. Ed. This Case is also Reported in: ...... Court   High Court Division   (Civil Revisional Jurisdiction)   Present: Md. Ruhul Quddus J Nirmal Chandra Halder…………………............Petitioner Vs. Hasina Begum and others ………..............Opposite Parties Judgment October 10, 20...... Send down the lower Court’s records. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 73

Abdul Matin Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (HCD)

....: 13 BLC (HCD) (2008) 30. ......t High Court Division (Civil Revisional Jurisdiction) Present: AK Badrul Huq J Abdul Matin……………………………Petitioner Vs. Government of the People's Republic of Bangladesh………………………………Opposite Party Judgment April 19, 2007. Res......rted in: 13 BLC (HCD) (2008) 30. ......6) 2 All ER; Burmah Eastern Ltd. Vs. Burmah Eastern Employees Union and others, 18 DLR 709. Lawyers Involved: AFM Mesbahuddin with Khondker Diluruzzaman Advocates - For the Petitioner.  Md. Abdullah, Assistant Attorney-General - For Government/Opposite Party.  Civil Revision No..

Category: Property Law | Date: | Hits: 69

Ittefaq Group of Publications Limited and others Vs. Arab Bangladesh Bank Limited and others, 1998, 27 CLC (HCD)

....nd the publication of the newspaper the daily Ittefaq the parties in litigation may act in pursuance to resolution dated 30‑9‑90. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 597. ......me Court High Court Division (Civil) Present: Mahmudul Amin Chowdhury J Bijan Kumar Das J Ittefaq Group of Publications Limited and others………………Appellants Vs. Arab Bangladesh Bank Limited and others………………Respondents Judgment May 5, 1998. Resul...... 597. ......nd the publication of the newspaper the daily Ittefaq the parties in litigation may act in pursuance to resolution dated 30‑9‑90. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 597. ..

Category: Company Law | Date: | Hits: 127

M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)

.... Major Ziauddin and others……………...Petitioner (In Writ Petition 1048 of 2011) And Md. Abdul Mazid………………….............Petitioner (In Writ Petition 1059 of 2011) Vs. Government of Bangladesh and others…………Respondents (In all the Writ Petitions) Judgment ......in and others……………...Petitioner (In Writ Petition 1048 of 2011) And Md. Abdul Mazid………………….............Petitioner (In Writ Petition 1059 of 2011) Vs. Government of Bangladesh and others…………Respondents (In all the Writ Petitions) Judgment March 22, 20...... with Major Ziauddin and others……………...Petitioner (In Writ Petition 1048 of 2011) And Md. Abdul Mazid………………….............Petitioner (In Writ Petition 1059 of 2011) Vs. Government of Bangladesh and others…………Respondents (In all the Writ Petitions) Jud...... Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 154

Amarbati Natya Mandir Vs. State, 2009, 38 CLC (HCD)

....ent was one to which the Bengal Regulation applied and it was an institution in which the right of nomination of the trustee, manager or superintendent thereof was vested in or was exercisable by the Government or any other public officer or such nomination was subject to the confirmation of the Gov......n for leave to proceed with the suit after amendment of the plaint is allowed. The order of abatement of the suit is also set aside. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 217. ......CD) (2009) 217. ...... of the suit is also set aside. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 217. ..

Category: Civil Law | Date: | Hits: 104

Agrani Bank Vs. Orbit Enterprise Ltd and another, 2009, 38 CLC (HCD)

....it at the rate of 15% per annum till realization. Send down the LC record at once. Communicate this order at once. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 710. ......e suit. 4. The defendant-respondent filed written statement and contested the suit. His case is that after getting a work order to establish electric connection and sanitary works of a building of Bangladesh T&T Board, the plaintiff-bank allowed him the said loan facility. It is further state......CD) (2009) 710. ......this order at once. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 710. ..

Category: Civil Law | Date: | Hits: 95

Md. Abdul Jabbar Sarker Vs. State and another, 2011, 40 CLC (HCD)

....took a proper decision not to proceed with the case. 21. The grounds taken in the revisional appli­cation with regard to responsibility of the learned Senior Special Judge to seek sanction of the Government for prosecuting the accused under section 6(5) of the Criminal Law Amendment Act, 1958 do......Rule. In the result, the Rule is discharged. Office is directed to send down the lower Court record with copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 103. ......upreme Court High Court Division (Criminal Revisional Jurisdiction) Present: Md. Emdadul Huq J Mohammad Ullah J Md. Abdul Jabbar Sarker…………………………..Petitioner Vs. State and another……………………….Respondents Judgment October 25, 2011. ...... Court record with copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 103. ..

Category: Procedural Law | Date: | Hits: 92

Abdul Motaleb and others Vs. Customs, Excise and VAT Appellate Tribunal, 2011, 40 CLC (HCD)

....l and upholding the Judgment and order dated 2-6-2008 passed by the Respondent No.3 in order No.367 Mushuk-Anium/Banoful & Co./Commi/08 directing the petitioners to deposit Taka 1,36,35,283.25 to Government fund through treasury chalan should not be declared to have been issued without lawful au......tice dated 14-2-2008 (Annexure-C) is also declared to have been passed and issued without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 100. ...... Court High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J Abdul Motaleb and others………………………….Petitioners Vs. Customs, Excise and VAT Appellate Tribunal…………………………Respondents Judgme...... lawful authority and is of no legal effect. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 100. ..

Category: Fiscal/Taxation Law | Date: | Hits: 135

Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)

....eof. They are set at liberty at once if not required in connection with any other case. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 279. ......rovides that any person who makes or has in his possession or under his control any explosive substance with intent by means thereof to endanger life, or cause serious injury to person or property in Bangladesh or to enable any other person by means thereof to endanger life or cause serious injury t......t here. Supreme Court High Court Division (Criminal) Present: AK Badrul Huq J Shahidul Islam J Muhibur Rahman Manik and another…………………………Convict-appellants Vs. The State………………………Respondent Judgment August 13, 2006. Result: ......tablished and must be present as a fact before possession under The Explosive Substances Act can be said to constitute an offence………………………(63) Cases Referred to- Kashem alias Md. Abul Kashem Vs. State, 47 DLR HCD 438; Mohamad Usman Mohammad Hussain Maniyar and another Vs. Th..

Category: Criminal Law | Date: | Hits: 83

Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)

....dly, this Writ Petition is in the nature of a Writ of Certiorari. The scope of a Writ of Certiorari is very limited. In this con­nection, a reference may be made to the deci­sion in the case of the Government of Bangla­desh Vs. Md. Jalil reported in 15 BLD (AD) 175 = 49 DLR (AD) 26. In that decis...... Board land others……………………………………Respondents Judgment June 3, 2010. Result: The rule is made absolute. Cases Referred to- 47 DLR (AD) 9; 50 DLR (AD) 213; Bangladesh Tobaco Company Ltd. Vs. Md. Azizul Huq, 8 MLR (AD) 149 = 7 BLC (AD) 119; Bangladesh Vs. M......ourt Division (Special Original Jurisdiction) Present: Moyeenul Islam Chowdhury J AKM Abdul Hakim J Khorshid Nayeem and others……………………………………Petitioners Vs. Land Appeal Board land others……………………………………Respondents Judgmen......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Respondents Judgment June 3, 2010. Result: The rule is made absolute. Cases Referred to- 47 DLR (AD) 9; 50 DLR (AD) 213; Bangladesh Tobaco Company Ltd. Vs. Md. Azizul Huq, 8 MLR (AD) 149 = 7 BLC (AD) 119; Bangladesh Vs. Mrs. Rowshan Ara Begum, 10 MLR (AD) ..

Category: Property Law | Date: | Hits: 115