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Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)
....onal Artha Rin Adalat No.1, Dhaka against the plaintiff (hereinafter called as "the opposite party No.1") is illegal, irregular, collusive and not binding upon him and also declaring that irrevocable power of attorney, memorandum of deposit of title deeds as set forth in the schedule "Kha" in connec...... Vs. Mr. Md. Salauddin and others ..................................Plaintiff-opposite parties Judgment July 8, 2010. Result: The Rule is hereby made absolute. Cases Referred to- BSRS Vs. Rahman Textile Mills Ltd., 51 DLR (AD) 221; Manir Ahmed Khan Vs. Bazlu Mia (MA), 8 B....... (Arising out of the order dated 28.9.2003 passed by the Joint District Judge, 2nd Court, Narayangonj in Title Suit No.31 of 2002.) Judgment Sheikh Abdul Awal J.- This Rule was issued calling upon the opposite party No.1 to show cause as to why the Order No.24 dated 28.9.2003 passed ...... 2nd Court, Narayanganj is hereby set aside and the plaint of Title Suit No.31 of 2002 is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 97, 118; 16 BLC (HCD) (2011) 277, 293. ..Category: Civil Law | Date: | Hits: 141
S.M. Kamaluddin Vs. Chairman, First Labour Court, Dhaka and others, 2011, 40 CLC (AD)
....e impugned judgment of the High Court Division does not call for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 255.......Begum, Advocate-on-Record—For the Petitioner. Mrs. Sufia Khatun, Advocate-on-Record—For the Respondent Nos.2 and 3. For Respondent Nos.1 and 4—Not represented. Civil Petition for Leave to Appeal No. 962 of 2011. (From the judgment and order dated 8th December, 2010 passed by the Hi......eration of the facts and circumstances and upon correct appreciation of the evidence and materials on record. We are of the view that that the impugned judgment of the High Court Division does not call for any interference by this Division. Accordingly, the petition is dismissed. Ed. This......e impugned judgment of the High Court Division does not call for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 255...Category: Labour and Industrial Law | Date: | Hits: 183
Meher Negar Vs. Mojibur Rahman, 1994, 23 CLC (HCD)
....dated 16.3.87 came to the finding that with the coming into force of the Family Courts Ordinance, 1985 (Ordinance No. XVIII of 1985) with effect from 15th June, 1985. Magistrates were divested of the powers under section 488 CrPC to pass any order for maintenance as because the jurisdiction to enter...... Meher Negar……………………Petitioner Vs. Mojibur Rahman………………Opposite Party Judgment September 5, 1994. Result: The Rule is made absolute. Cases Referred to- Civil Revision No. 870 of 1991, (unreported decision); Abdul Khaleque (Md) Vs. Selina Begum a......visions of earlier Ordinance of 1961 shall not be affected by the provisions of the Ordinance of 1985. But the matters which shall not be affected by the Ordinance of 1985 have been enumerated specifically in sub‑sections (2) and (3) of section 23 of the Ordinance of 1985. But this, in our opinion...... Motion No. 13 of 1987 is hereby set aside and that of the Magistrate, Kalkini passed in Miscellaneous Cass No. 42 of 1986 is restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 18. ..Category: Family Law | Date: | Hits: 215
Shahidul Alam VS. Government of Bangladesh and others, 1994, 23 CLC (HCD)
....he detenu a representation was made by the petitioner which is on record. 8. In the instant case it would be absolutely clear that the detention of the detenu is a colourable exercise of statutory power and many of the grounds appearing in Annexure‑'E' appear to be vague, indefinite and unspeci......………Respondents Judgment November 30, 1994. Result: The Rule is made absolute. Lawyers Involved: Rokonuddin Mahmud, Advocate ‑ For the Petitioner. M Shamsul Alam, Deputy Attorney General - For the Respondents. Writ Petition No. 1898 of 1994. Judgment Mohammad Asa......b)(i) of the Constitution of the People's Republic of Bangladesh was issued on 31.10.94 at the instance of one Shahidul Alam, son of late Md. Serajul Hoq, Motijheel, Dhaka (next friend of the detenu) calling upon the Ministry of Home Affairs, Government of Bangladesh, Deputy Secretary (Security), Mi......ey General prays for stay operation of the above order so as to enable them to move before the Appellate Division. The prayer is refused. Ed. This case is also Reported in: 47 DLR (AD) (1995) 15...Category: Criminal Law | Date: | Hits: 200
Syed Monirul Huda Chowdhury Vs. Fouzia Chowdhury and others, 1994, 23 CLC (HCD)
....rt are nothing but provisions intended to secure the proper administration of justice, and it is therefore essential that they should be made to serve and be subordinate to that purpose, so that full powers of amendment must be enjoyed and should always be liberally exercised, but nonetheless no pow......€¦â€¦â€¦â€¦Petitioner Vs. Fouzia Chowdhury and others…………………………………Opposite Parties Judgment June 5, 1994. Result: The Rule is discharged. Cases Referred to- Charan Das Vs. Amir Khan, AIR 1921 (PC) 50; Radha Krishna Vs. Dwarka Das, 36 DLR (AD) 253; Ka......‘ For the Opposite Parties. Civil Revision No. 2834 of 1993. Judgment Abu Sayeed Ahammed J. -The defendants are revisionist. Fray is among the collateral relations of the same family. We are called upon to consider whether in a suit for ejectment of licencees, a prayer for declaration of pl......cepted. The revision is thus devoid of any merit. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 47 DLR (AD) (1995) 10...Category: Property Law | Date: | Hits: 151
....it appears that the liabilities were not paid within three years of their year of origin and hence liable to be added under section 10(2A) in total Taka 25,69,911.00 and it be done in exercise of the power under section 10(2A) (iii) of the Income Tax Act.
12. Before the Appellate Joint Commission......rt to the Appellate Tribunal, Chittagong.
There will be no order as to costs.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 6.
......ading Company, 83 Khatunganj, Chittagong is a private limited company and now is a nationalised unit of Bangladesh Sugar and Food Industries Corporation. It carries on business in both imported and locally purchased goods, commission agents and also cams income from house property and other sources.......ioner of Taxes.
Send a copy with the seal of the Court to the Appellate Tribunal, Chittagong.
There will be no order as to costs.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 6.
..
Category: Fiscal/Taxation Law | Date: | Hits: 188
American Bureau of Shipping Vs. Commissioner of Taxes (South) Zone, Chittagong, 1994, 23 CLC (HCD)
....l dispose of these three Reference applications namely, Application Nos. 80, 81 and 82 of 1992. There shall be no order as to costs. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 1. ...... namely, Application Nos. 80, 81 and 82 of 1992. There shall be no order as to costs. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 1. ......and the point of law referred to by the assessee American Bureau of Shipping are the same as in Reference Application Nos. 80 of 1992 and 81 of 1992 as above. 6. These three Reference applications call for an examination of similar question of law on identical facts though applied to different as......ect of the matter and therefore its finding that the expenditure incurred by the assessee outside Bangladesh cannot be deducted cannot be sustained in law. The expenditure incurred by the company for meeting the demand of the head office as expenditure on plan approval and co‑ordinating services w..Category: Fiscal/Taxation Law | Date: | Hits: 159
Abdul Ali and another Vs. State, 1977, 6 CLC (AD)
....ought to be made out for the first time in this Court and we shall have to be slow in accepting such kind of suggestion without critically examining its propriety. 17. It is no doubt true that the power as envisaged in section 561-A of the Cr. P. C. is an extra ordinary power which is inherent in.................................Appellants Vs. The State.............................................Respondent Judgment June 30, 1977. Result: The appeal is dismissed. Cases Referred to- Balmukund Vs. Collector, Ahmednagar, A.I.R. 1935 Bombay 25; Zainul Abedin Vs. State, 9 DLR 64......ractor in connivance with O/C LSD Chowmuhani were realising Tk. 40/- per thousand mds as handling charge as against 20/00 taka per hundred mds. as Govt rate. The petition was enquired by Magistrate locally and submitted report. The same was forwarded to O.C. Begumganj P.S. for taking N a. During pre......e with the judgment of brother K. Hossain J. Order of the Court In view of the opinion of the majority the appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 58. ..Category: Criminal Law | Date: | Hits: 115
Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)
....condly, that having regard to the provisions of Order 14, rule 2 and Order 15, rule 3(1) of the Code of Civil Procedure, the learned Judges of the High Court did not rightly exercise their revisional powers in set-aside the order of the trial Court fixing the hearing on the question of maintainabiÂ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Petitioner Vs. Rajab Ali and others..................Respondents Judgment July 18, 1977. Result: The order of the High Court is set aside. Cases Referred to- Tara Kant Banerjee Vs. Puddo Money Dossee, (1865) 10 M.I.A. 476: 5 W R 63; Md. Sulaiman Vs. K...... the result of the said election to the office of the Chairman as well as to the office of the members from Ward No. 2 of the Union Parishad till dispoÂsal of the suit, whereupon a notice was issued calling upon Respondent No.12, the S.D.O. (South), Dacca to show cause why he should not be restrain...... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ..Category: Civil Law | Date: | Hits: 111
Mokbul Hossain and others Vs. State, 2011, 40 CLC (HCD)
....e acquitted of charges leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ......dus J Mokbul Hossain and others ........Appellants Vs. The State...............................Respondent Judgment April 19, 2011. Result: The appeal is allowed. Case Referred to- State Vs. Manu Miah, 54 DLR (AD) 60. Lawyers Involved: No one appears - for the appella......hen two or three of them chased him, and he entered into the room out of fear of life. Thereafter the thieves went away towards Bogra by the said truck. The informant came out from his room again and called a night-guard named Sree Nath. Meanwhile some other witnesses namely Makbul, Uzir and others ......e acquitted of charges leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 105
.... do not find any misreading or misappreciation of the materials on record. The concurrent finding of facts of the Courts below are not liable to be disturbed by the High Court Division in exercise of power under section 115(1) of the Code of Civil Procedure.
In view of foregoing narrative, the ap......, Kishoregonj, rejecting an application for temporary injunction in Other Class Suit No. 9 of 2009.
2. Material facts are that the plaintiff instituted the suit for declaration that he is entitled to get an order of extension of lease and retain possession of Daingaon Closed Fishery within Police......edure.
In view of foregoing narrative, the application is rejected summarily.
Office is directed to communicate the order at once.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 60.......edure.
In view of foregoing narrative, the application is rejected summarily.
Office is directed to communicate the order at once.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 60...
Category: Property Law | Date: | Hits: 73
Ayub Ali Khan Vs. Md. Abdur Raqib and others, 2009, 38 CLC (HCD)
....find any misreading or misappreciation of materials on record. The findings of Court of appeal below as a final Court of facts are not liable to be disturbed by the High Court Division in exercise of power under section 115(1) of the Code of Civil Procedure. Moreover, I do not find that opposite par...... Result: The Rule is discharged. Lawyers Involved: Md. Nurul Amin, Advocate - For the Petitioner. Md. Jamil Akhter Elahi, Advocate - For Opposite Party No. 1. Md. Jabber, Assistant Attorney General - For Opposite Party Nos. 2-3. Civil Revision No. 1029 of 2006 with Civil Rule No....... Md. Jabber, Assistant Attorney General - For Opposite Party Nos. 2-3. Civil Revision No. 1029 of 2006 with Civil Rule No. 709 (R) of 2008 (Violation). Judgment SM Ziaul Karim J.- This Rule calls in question the legality and propriety of judgment and order dated 8-3-2006 passed by learned ......ion) is disposed of. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 46. ..Category: Civil Law | Date: | Hits: 92
....he Tribunal, even though at the end, the Award may either be unanimous or by a majority. However in no circumstances can it be inferred that by agreeing to an Award by the majority, the parties had empowered the Chairman to deliberate on the issues with only one member of the Tribunal to the exclusi.......
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 20; 14 MLR (HCD) (2009) 441.
......tive case before the Tribunal. Mr. Ali further submits that the agreement between the parties provides for an Award by the majority and in the instant case, the Award having been so made, it does not call for any interference by this Court.
15. Mr. Ali submits categorically, that the entire proce......e hearing was not enough and we should discuss at length with regard to each of the issues before we make up our mind. In response to my letters, both the learned co-arbitrators were pleased to fix a meeting on April 8, 2006 in the morning. But with utter surprise both my co-arbitrators, without all..
Category: Alternative Dispute Resolution | Date: | Hits: 385
State Vs. Anwar Hossain and others, 2008, 37 CLC (HCD)
.... sentenced to imprisonment for life. The jail appeals are accordingly, disposed of. Send down the lower Court's records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 1. ......ir J State………………………Appellant Vs. Anwar Hossain and others.............Respondents Judgment August 21, 2008. Result: The appeals are dismissed. Cases Referred to- Anisur Rahman Vs. State, 1986 BLD (AD) 79 = 1986 BCR (AD) 157; Billat Vs. State, 52 DLR (AD......e judgment and order have been heard together and are being disposed of by this judgment. 3. The prosecution case, in short, is that on 9-11-1999 at 5.00 PM accused Anwar Hossain and Abu Bakar called and took away deceased Zakir, the son of informant Abdur Rahim from their house for attendin......rosecution case, in short, is that on 9-11-1999 at 5.00 PM accused Anwar Hossain and Abu Bakar called and took away deceased Zakir, the son of informant Abdur Rahim from their house for attending a meeting over law and order situation scheduled to be held in the BRAC School Club at Balur Math. T..Category: Criminal Law | Date: | Hits: 67
Aroj Ali Sarder Vs. State, 1989, 18 CLC (HCD)
....ation and refer the informant to the Magistrate. Under section 155(2) no police officer shall investiÂgate a non-cognizable case without the order of a Magistrate of the first or second class having power to try such case. Under the law, therefore, when the police has a report of a non-cognizable o......resent: Anwarul Hoque Chowdhury J Aroj Ali Sarder.........................Petitioner Vs. The State........................Opposite Party Judgment February 5, 1989. Cases Referred to- Jatindra Nath Vs. Manindra Nath and another, AIR 1950 Calcutta 330; Maijuddin Laskar Vs. Moul......on various considerations such as the surÂrounding circumstances and the place and the society. 13. The concept of morality and immorality, unless it offends God's law, which is universal, may be called a geographical sin. What is immoral and indeÂcent here in our society may not be considered ...... accused acquitted. The fine already paid by the accused petitioners need be reÂfunded to them. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 306...Category: Criminal Law | Date: | Hits: 76
Nur Mohammed alias Bog Master Vs. State, 1988, 17 CLC (HCD)
....age. By way of controversion this argument of the learned Deputy Attorney-General the learned Advocate for the petitioner submits that the High Court even in its revisional jurisdiction has very wide power and is not prevented from examining the evidence to arrive at its own conclusion for the ends ......¦â€¦â€¦â€¦â€¦â€¦â€¦Accused Petitioner Vs. The State……………………………Opposite Party Judgment December 15, 1988. Result: The Rule is made absolute. Cases Referred to- Mazulla Vs. The State, PLD 1961 (Pesh) 7; Mrs. C.M. Samsul Vs. Mr. C.M. Samsul and the State......cts appearing on the face of the prosecution case which have vitiated the findings of fact. Such a wrong approach, therefore, by both the Courts below has resulted in a serious miscarriage of justice callÂing for interference in this revision case. 15. We have already found that the evidence of ......tion and sentence passed against the accused-petitioner is set aside. Let the accused-petitioner be discharged from his bail-bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 301. ..Category: Criminal Law | Date: | Hits: 92
Mampower Ltd. Vs. Artha Rin Adalat No.2, Dhaka and another, 2011, 40 CLC (AD)
....ion (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Mampower Ltd…………………………………..Petitioner Vs. Artha Rin Adalat No.2, Dhaka ......d. Wahidullah, Advocate-on-Record- For the Petitioner. Yusuf Hossain Humayun, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No.682 of 2011. (From the judgment and order dated 17.1.2011 passed by the High Court ......tions made by the High Court Division could not be sustained and accordingly they are expunged. The petition is disposed of with the above observations. Ed. This Case is also Reported in: ......tions made by the High Court Division could not be sustained and accordingly they are expunged. The petition is disposed of with the above observations. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 112
....g been made on proper appreciation of laws and facts do not call for interference.
Accordingly, all the leave-petitions are dismissed.
Ed.
This Case is also Reported in: 9 ADC (2012) 174.
......ondent Nos.4, 5,9,17, 33-34, 47, 93-94, 98-100, 111,117-120 (In Civil Petition No.1084 of 2011)
Not represented-Respondent Nos.13-18 (In Civil Petition No.1085 of 2011)
Civil Petition for Leave to Appeal No.767 of 2011.
(From the judgment and order dated 18.08.2010 passed by the High Court ......bmits that similar point raised before the High Court Division has already been settled by it in Writ Petition No.1522 of 2004 heard along with 99 other writ petitions and as such, no interference is called for.
12. We have considered the impugned judgments and orders and other papers on the rec......employees of the development projects for overall economic development of the country, which had started after 30th June, 1997, the Executive Committee of the National Economic Council (ECNEC) at its meeting dated 31st December, 2007 had taken decision to transfer all personnel of the development pr..
Category: Others | Date: | Hits: 172
Khairul Bashar (Md.) and 8 others Vs. Collector of Customs and others, 1997, 26 CLC (HCD)
....he date when the Bill of Entry was presented for assessment of customs duty. In that decision it has been noticed that tariff value is fixed by the Government according to the suggestions of the high powered committee. In that case it has been held as follows: “since in the instant case it appe......h Court Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J AK Badrul Huq J Khairul Bashar (Md.) and 8 others…………………………Petitioners Vs. Collector of Customs and others………………………Respondents Judgment July 13, 1997. Res......ty to encash the bank guarantee in full in respect of the discharged Rules and in part in respect of the Rules made absolute in part. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 225. ......ty to encash the bank guarantee in full in respect of the discharged Rules and in part in respect of the Rules made absolute in part. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 225. ..Category: Fiscal/Taxation Law | Date: | Hits: 134
....rder of extension of the detention dated 18-8-96 is Annexure-C to this petition.
5. It is submitted that the order of detention is ex facie illegal, arbitrary, mala fide and colourable exercise of power by the detaining authority on the basis of no tangible materials to the utter detriment of the......lute.
Case Referred To-
Abdul Latif Mirza Vs. Government of Bangladesh, 31 DLR (AD) 1.
Lawyers Involved:
Dr. Rafiqur Rahman with Abdul Hamid, Advocates - For the Petitioner.
KS Nabi, Attorney-General, with AFM Shahid, Deputy Attorney-General - For the Respondents.
Writ Petition No....... Petitioner.
KS Nabi, Attorney-General, with AFM Shahid, Deputy Attorney-General - For the Respondents.
Writ Petition No.3769 of 1996.
Judgment
Md. Mozammel Hoque J.- This Rule was issued calling upon the Respondents to show cause as to why Major (Retd.) M Khairuzzaman alias Khairuzzaman......release the detenu forthwith if not wanted in connection with any other case.
Let an advance order of release be issued immediately.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 201...
Category: Criminal Law | Date: | Hits: 76
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