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....n
(Special Original Jurisdiction)
Present:
Zinat Ara J
Syed Abu Kowser Md. Dabirush-Shan J
Md. Hasan Habib alias Ahsan Habib and others………………………Petitioner
Vs.
Government of the People's Republic of Bangladesh and others………………………Respondent
......
Present:
Zinat Ara J
Syed Abu Kowser Md. Dabirush-Shan J
Md. Hasan Habib alias Ahsan Habib and others………………………Petitioner
Vs.
Government of the People's Republic of Bangladesh and others………………………Respondent
Judgment
May 13, 2010.
Result:
...... Division
(Special Original Jurisdiction)
Present:
Zinat Ara J
Syed Abu Kowser Md. Dabirush-Shan J
Md. Hasan Habib alias Ahsan Habib and others………………………Petitioner
Vs.
Government of the People's Republic of Bangladesh and others………………………Respo......o.2 at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 359.
..
Category: Civil Law | Date: | Hits: 85
Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)
....itled to get any relief as prayed for. Hence the rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 353. ......The inherent power under the section has to be exercised for the ends of justice and should not be arbitrarily exercised to cut short the normal process of a criminal trial. 17. Both apex Court of Bangladesh and Indian jurisdiction hold the view that the High Court while exercising power under se......igh Court Division (Special Original Jurisdiction) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Md. Ragib Hasan Khan @ Munu………………………………Petitioner Vs. The State and another………………………………Opposite Parties Judgment Ju......y stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 353. ..Category: Procedural Law | Date: | Hits: 79
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
....is directed to dispose of the suit within 3(three) months from the date of receipt of this order in the interest of all the parties. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 133. ......their written statement though admitted the loan liability but came up with a specific plea that in view of the facts and circumstances of the case and in view of the undertaking given by the Siemens Bangladesh Limited (hereinafter called 'the Siemens') confirming that all payment arising out of wor......t High Court Division (Civil Jurisdiction) Present: Syed Amirul Islam J Sheikh Abdul J Pubali Bank Ltd……………………………………………………….Appellant Vs. Contech Ltd. and others………………………………………..Respondents Judgme......ta) 377; AIR 1962 (SC) 527; 20 DLR 501; 26 DLR 157; 14 DLR 657; 35 DLR (AD) 42; 47 DLR (AD) 7; 26 DLR 157; 29 DLR (SC) 82; Lawyers Involved: Mrinal Kanti Biswas, Advocate-For the Appellant. Md. Khalilur Rahman with T.M. Shakil Hasan, Advocates-For the Respondents. First Miscellaneous Ap..Category: Civil Law | Date: | Hits: 87
Aleka Khatun and others Vs. Government of Bangladesh, 2004, 33 CLC (HCD)
.... High Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Sharifuddin Chaklader J Aleka Khatun and others…………………………..Petitioners Vs. Government of Bangladesh ………………………. Respondent Judgment May 24, 2004. Res......Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Sharifuddin Chaklader J Aleka Khatun and others…………………………..Petitioners Vs. Government of Bangladesh ………………………. Respondent Judgment May 24, 2004. Result: The Ru...... Court High Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Sharifuddin Chaklader J Aleka Khatun and others…………………………..Petitioners Vs. Government of Bangladesh ………………………. Respondent Judgment May 24, 2004....... is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 693. ..Category: Property Law | Date: | Hits: 69
Abdul Quddus Vs. Mobarak Hossain, 1996, 25 CLC (HCD)
....n and others Vs. Azizuddin and others, 43 DLR 207; Kazi Motiur Rahman and others Vs. Din Islam, 43 DLR 128; Trading Corporation of Bangladesh Vs. Syed Sajeduzzaman, 40 DLR 406; Md. Bonde Ali Khan Vs. Government of Bangladesh, 1986 BLD 232; Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 38 DLR (A...... Azizul Hoque alias Nanna Meah Vs. Sonall Bank, 1990 BLD 247; Aynuddin and others Vs. Azizuddin and others, 43 DLR 207; Kazi Motiur Rahman and others Vs. Din Islam, 43 DLR 128; Trading Corporation of Bangladesh Vs. Syed Sajeduzzaman, 40 DLR 406; Md. Bonde Ali Khan Vs. Government of Bangladesh, 1986 ......s also Reported in:48 DLR (HCD) (1996) 572. ......, 1990 BLD 247; Aynuddin and others Vs. Azizuddin and others, 43 DLR 207; Kazi Motiur Rahman and others Vs. Din Islam, 43 DLR 128; Trading Corporation of Bangladesh Vs. Syed Sajeduzzaman, 40 DLR 406; Md. Bonde Ali Khan Vs. Government of Bangladesh, 1986 BLD 232; Bangladesh Shilpa Bank Vs. Bangladesh..Category: Procedural Law | Date: | Hits: 82
Akbar Hossain (Md.) Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....n) Present: Naimuddin Ahmed J Md. Fazlul Karim J Akbar Hossain (Md.)..........................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Housing and Works, Government of the People's Republic of Bangladesh and others........................Respondents J......1. ......996) 291. ......ut any order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 291. ..Category: Property Law | Date: | Hits: 77
Wahida Khan Vs. Shahar Banoo Ziwar Sultan and State, 1994, 23 CLC (HCD)
....order to the civil Court immediately for expeditious disposal of Title Suit No.48 of 1973/6 of 1986. Send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 286. ......t the present petitioner was her monthly tenant in House No.252, Road No.22, Dhanmondi R/A, Dhaka. While she was abroad (in Iran) for about 7 years the petitioner taking advantage of her absence from Bangladesh, created a false Bainapatra, showing a contract for sale of the said house worth seven la......in:48 DLR (HCD) (1996) 286. ......order to the civil Court immediately for expeditious disposal of Title Suit No.48 of 1973/6 of 1986. Send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 286. ..Category: Procedural Law | Date: | Hits: 71
State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....ision (Special Original Jurisdiction) Present: AHM Shamsuddin Choudhury J Sheikh Md. Zakir Hossain J The State......................................................Petitioner Vs. Government of Bangladesh and others..........................Respondents Judgment April 3, 201......ial Original Jurisdiction) Present: AHM Shamsuddin Choudhury J Sheikh Md. Zakir Hossain J The State......................................................Petitioner Vs. Government of Bangladesh and others..........................Respondents Judgment April 3, 2011. Result: ......urt Division (Special Original Jurisdiction) Present: AHM Shamsuddin Choudhury J Sheikh Md. Zakir Hossain J The State......................................................Petitioner Vs. Government of Bangladesh and others..........................Respondents Judgment April...... Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 642
Rais Ali alias Md. Rais Ali and others Vs. Mst. Hajera Khatun and others, 2009, 38 CLC (HCD)
....the time of issuance of the rule is hereby vacated. Send down the lower Court records alongwith a copy of the judgment immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 62. ...... (AD) page 20, in the case of Aklasur Rahman and others Vs. Safarullah and others which is also available in 42 DLR (AD) page 189 wherein their lordships of the Appellate Division of Supreme Court of Bangladesh have considered the point of waiver, acquiescence and estoppel in preemption matters. T......so Reported in: 18 BLT (HCD) (2010) 62. ...... the lower Court records alongwith a copy of the judgment immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 62. ..Category: Civil Law | Date: | Hits: 192
Bangladesh House Building Finance Corporation Vs. Mosammat Amena Begum, 2010, 39 CLC (HCD)
....ous Execution Case No.14 of 2004 is hereby affirmed. Let a copy of this judgment and order be communicated to the Court concerned. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 194. ......order be communicated to the Court concerned. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 194. ......in: 18 BLT (HCD) (2010) 194. ......sammat Amena Begum……………………Opposite party Judgment January 28, 2010. Result: The rule is discharged. Lawyers Involved: Shahid Alam, Advocate - For the Petitioner. Md. Salim, Advocate - For the Opposite party. Civil Revision No.1221 of 2007. Judgment M. E..Category: Civil Law | Date: | Hits: 276
Fazlul Haque (Md.) Vs. Abdul Malek and another, 2008, 37 CLC (HCD)
.... or the omission to mention the provision which contains the source of power will not invalidate an order where the source of such power exists." 29. In the case before the Appellate Division, the Government of Bangladesh made an inadvertent error by referring to a wrong section of the Army Act i......ry, 6 DLR 595; Hajee Md. Ahsanullah Vs. Arafatunnessa Bibi, 33 DLR (AD) 17; Muniammal Vs. Sakkubai, AIR 1988 Madras 241; Idris Shaikh Vs. Jilamon Bewa, 50 DLR (AD) 161; Col. Md. Hashmat Ali (Retd) of Bangladesh Army Medical Corporation Vs. Bangladesh, 47 DLR (AD) 1; Sheo Prashal Lai Vs. Tapeshwar Ma......is also Reported in: 61 DLR (HCD) (2009) 72. ......unicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 72. ..Category: Civil Law | Date: | Hits: 281
Veena Khaleque and others Vs. State, 2009, 38 CLC (HCD)
....or, accused petitioner No. 2 is the Team Leader and accused petitioner No. 3 is the Area Manager of the Intermediate Technology Development Group presently named as Practical Action Bangladesh, a Non-Government organization (NGO) and he served in the (NGO) as a Research Associate at its Jamalpur dis......the Country Director, accused petitioner No. 2 is the Team Leader and accused petitioner No. 3 is the Area Manager of the Intermediate Technology Development Group presently named as Practical Action Bangladesh, a Non-Government organization (NGO) and he served in the (NGO) as a Research Associate a....... ......ssary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 762. ..Category: Employment/Service Law | Date: | Hits: 238
Abdul Latif Howlader and others Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....reme Court High Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Md. Ashfaqul Islam J Abdul Latif Howlader and others ……………… Petitioners Vs. Government of Bangladesh and others …………………..Respondents Judgment January 21, 20......High Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Md. Ashfaqul Islam J Abdul Latif Howlader and others ……………… Petitioners Vs. Government of Bangladesh and others …………………..Respondents Judgment January 21, 2009. Result:......7. ......is judgment and order be transmitted at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 707. ..Category: Employment/Service Law | Date: | Hits: 216
Habib Khan Vs. State, 2012, 41 CLC (HCD)
....ore Hafazat Nirapad Abssan are directed to set at liberty the victim Mosammat Rokeya Dil Afroz Munmun forthwith. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ......tterjee Vs. Umme Salma, 8 BLT (AD) 168 = 51 DLR (AD) 238; Arun Karmakar Vs. State represented by the Deputy Commissioner Satkhira and another, 8 MLR (AD) 162 = 7 BLC (AD) 61; Mongol Chandra Nandi Vs. Bangladesh represented by the Secretary Ministry of Home affairs and others, 2 MLR 1997 (AD) 62 = 2 ...... 19. ......esh represented by the Secretary Ministry of Home affairs and others, 2 MLR 1997 (AD) 62 = 2 BLC (AD) 18; Fatema Begum @ Urmila Rani Vs. Gogeswar Nath, 9 BLD 469; 35 DLR 315. Lawyers Involved: Md. Abdul Malek with Md. Oliur Rahman, Advocates - For the Petitioner. KM Zahid Sanvar Deputy A..Category: Criminal Law | Date: | Hits: 176
Dr. S.M. Eunus Ali Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
..../S. United Leather International Vs. Artha Rin Adalat and others, 17 BLT (AD) 204; Md. Joinaul Abedin Mintu Vs. Joint District Judge, 3rd Court Tangail and others 18 BLT 277; Humayun Hossain Khan Vs. Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Finan......a Rin Adalat and others, 17 BLT (AD) 204; Md. Joinaul Abedin Mintu Vs. Joint District Judge, 3rd Court Tangail and others 18 BLT 277; Humayun Hossain Khan Vs. Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Finance & others, 61 DLR (AD) 92; Mir Moti...... (Special Original Jurisdiction) Present: Nozrul Islam Chowdhury Mohammad Ullah J Dr. S.M. Eunus Ali………………………………………Petitioner (Defendant-Judgment Debtor) Vs. Artha Rin Adalat and others………………………Respondents Judgment December 3,......a judgment of the Artha Rin Adalat under the Ain, 2003………………………….(28) Cases Referred to- M/S. United Leather International Vs. Artha Rin Adalat and others, 17 BLT (AD) 204; Md. Joinaul Abedin Mintu Vs. Joint District Judge, 3rd Court Tangail and others 18 BLT 277; Humayun ..Category: Civil Law | Date: | Hits: 254
Ibrahim Akand and others Vs. Securities and Exchange Commission and others, 2009, 38 CLC (HCD)
....mparison of ICB 1st Mutual Fund with AIMS First Guaranteed Mutual Fund and other funds cannot be made. By stating so, SEC endorsed issuance of stock dividend by ICB 1st Mutual Fund. All Mutual Funds, Government or private, are equal to SEC. It cannot discriminate amongst them, (emphasis is ours) ......udul Islam - For Respondent Nos.1 and 2. Writ Petition No.5796 of 2008. Judgment Syed Mahmud 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 Respondent Nos.1 and 2 to show cause as to why t...... High Court Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Ibrahim Akand and others………………………………Petitioners Vs. Securities and Exchange Commission and others……………………………Respondents ......ble him to file CMP before the Appellate Division. The prayer is allowed and the operation of the Judgment is stayed for one (1) week. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 49. ..Category: Business or Commercial Law | Date: | Hits: 462
Mehir Chandra Bhomick Vs. Deputy Commissioner, Brahmanbaria and others, 2007, 36 CLC (HCD)
....enemy property died with the repeal of Ordinance No.1 of 1969 on 23.3.74 and no further vested property case can be started thereafter on the basis of the law which is already dead . . . Claim of the Government or by the vested property authority that certain property is a vested property, without t......rlier by this Court stands vacated. Send down the lower Court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 22. ......eme Court High Court Division (Civil Revisional Jurisdiction) Present: Salma Masud Chowdhury J Mehir Chandra Bhomick......................................................Petitioner Vs. Deputy Commissioner, Brahmanbaria and others....................Opposite parties Judgment......rlier by this Court stands vacated. Send down the lower Court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 22. ..Category: Property Law | Date: | Hits: 155
....cted to pay the salary and other benefit to the petitioner in accordance with law.
10. However, there will be no order as to costs.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 19.
......08) 19.
......CD) (2008) 19.
......o order as to costs.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 19.
..
Category: Criminal Law | Date: | Hits: 143
Transfin Trading Ltd. Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)
....duty payable by the petitioner within a period of 30 days from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 359. ......t Attorney General - For the Respondent. Writ Petition No. 5840 of 2004. Judgment Md. Rais Uddin J.- On an 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 letter b...... 359. ......ate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 359. ..Category: Fiscal/Taxation Law | Date: | Hits: 194
....nnot impose excess VAT more than 15% and thereafter the NBR issued two separate ব্যাখ্যা পত্র wherein they clearly stated that since some importer had evaded VAT and for which Government decided to collect 1.5% advance trade VAT and the importer is entitled to take rebate or ......Import and Export.
13. The petitioner in course of his business opened a Letter of Credit being L/C No.2217-05-01-0232 dated 16-4-2005 issued by Mutual Trust Bank Limited, Principal Branch, Dhaka, Bangladesh for importing of Brazil Origin White Sugar at the rate of US$ 275 per metric ton under HS......
High Court Division
(Special Original Jurisdiction)
Present:
Ashfaqul Islam J
SM Emdadul Hoque J
Kamal Imports and Exports Ltd. & another………………………Petitioners
Vs.
National Board of Revenue and others………………………Respondents
Judgment
Au......d be returned and accordingly the petitioners are liable to get rebate of 1.5% which was paid at the import stage. The learned Advocate further submits that this matter already settled in the case of Md. Nasiruddin, Proprietor, Messrs Unicom Trading versus The Chairman, National Board of Revenue a..
Category: Fiscal/Taxation Law | Date: | Hits: 220
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