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Syed Raihan Hasan Ali Chowdhury Vs. Syed Hamde Ali Chow¬dhury and others, 2013, 42 CLC (HCD)

....ing the plaint case and making out a case of real or actual fact. Early means, at or near the beginning of a period……… (17) Cases Referred to- Khandkar Abul Hussain Vs. Government of the People's Republic of Bangladesh, 54 DLR 467; Fuidlay & Sons Ltd., Vs. Nurs......f real or actual fact. Early means, at or near the beginning of a period……… (17) Cases Referred to- Khandkar Abul Hussain Vs. Government of the People's Republic of Bangladesh, 54 DLR 467; Fuidlay & Sons Ltd., Vs. Nursee Tejsee, 9 1C 460; Syed Masud Ali Vs. Md....... Court Division (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J ARM Shahidul Huq J Syed Raihan Hasan Ali Chowdhury.................Plaintiff-Appellant Vs. Syed Hamde Ali Chow­dhury and others...........Defendant-Respondents Judgment ......(17) Cases Referred to- Khandkar Abul Hussain Vs. Government of the People's Republic of Bangladesh, 54 DLR 467; Fuidlay & Sons Ltd., Vs. Nursee Tejsee, 9 1C 460; Syed Masud Ali Vs. Md. Asmatullah, 32 DLR (AD) 39. Lawyers Involved: Masood R. Sobhan, Advocate — For t..

Category: Trust/Waqf Law | Date: 29 Jul, 2013 | Hits: 5

Robi Axiata Ltd Vs. First Labour Court Dhaka and others, 2013, 42 CLC (HCD)

....Orders of Stay as ini­tially granted are necessarily recalled and vacated. There are no Orders as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 551   ......rit Petitions) Writ Petition Nos. 4720, 4721, 4722, 4723 and 8325 to 8362 of 2012. Judgment Syed Refaat Ahmed J.— At the instance of the Petitioner Robi Axiata Ltd, alias Axiata (Bangladesh) Ltd, forty two individual Rules Nisi were issued calling upon the Respondents to show ca......ourt Division (Special Original Jurisdiction) Present: Syed Refaat Ahmed J Mahmudul Hoque J Robi Axiata Ltd………………...Petitioner Vs. First Labour Court Dhaka and others...................Respondents Judgment   ...... 40. Lawyers Involved: Rokanuddin Mahmud, Senior Advocate with Adila Afrose Hasan, Advocate—For the Petitioner (In Writ Petition Nos. 4720-4723 of 2012) Mostafa Golam Kibria with Md. Anisur Rahman, Advocates—For the Petitioner (In Writ Petition Nos. 8325-8362 of 2012) ..

Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7

Md. Monirul Islam Vs. Bijoy Halder, President Lohalamari Matshajibi Samabaya Samity Ltd. and others, 2013, 42 CLC (AD)

.... which is a registered society of genuine fishermen and that if it is found that any society consists of any member who is not a real fisherman then the society will not be eligible to get lease of a Government Jalmohal. A real fisherman has been defined as one who catches and sells fish from a natu......d over possession of the fishery in question and also to refund to the petitioner the proportionate lease money for the unexpired period of the lease. Ed. This Case is also Reported in: ......   Muhammad Imman Ali J     Mohammad Anwarul Haque J Hasan Foez Siddique J Md. Monirul Islam………………………………….Petitioner Vs. Bijoy Halder, President Lohalamari Matshajibi Samabaya Samity Ltd. and others....................il) Present: Nazmun Ara Sultana J        Muhammad Imman Ali J     Mohammad Anwarul Haque J Hasan Foez Siddique J Md. Monirul Islam………………………………….Petitioner Vs. Bijoy Halder, Pres..

Category: Civil Law | Date: 28 Jul, 2013 | Hits: 169

Md. Lokman Hakim and Others Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)

....o the writ petitioners. In the result, these rules are made absolute.   However, there shall be no order as to cost. Mohammad Ullah J. - I agree. This Case is also Reported in: ......w are identical and similar. 3. Upon examining all the thirteen writ petitions it appears that similar facts have been stated in these writ petitions alike that the writ-petitioners are citizen of Bangladesh and carrying on business of import of scrap vessels from abroad for the purpose of transf...... Present: AFM Abdur Rahman J Mohammad Ullah J Md. Lokman Hakim, Proprietor of Fardous Steel Corporation, 9 Bhatiary U/P, Sitakunda, District: Chittagong………….............Petitioner Vs. 1. National Board of Revenue, Rajashasha Bhaban, 1,Segunbagicha, Police Station- Ramna, Distr......t. Mohammad Ullah J. - I agree. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 25 Jul, 2013 | Hits: 121

Younusuzzaman (Badal) Vs. State and another, 2013, 42 CLC (HCD)

.... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ......y delivering it to the person on whom it is to be served; or (b) by sending it by registered post with acknowledgement due to that person at his usual or last known place of abode or business in Bangladesh; or (c) by publication in a daily Bangla national newspaper having wide circulation....... Court Division   (Criminal Appellate Jurisdiction) Present: Borhanuddin J KM Kamrul Kader J Younusuzzaman (Badal).........................Petitioner Vs. The State and another………………..............Opposite parties Judgment J...... CAs, 750 Ma; Wahidul Islam Chairman and others Vs. The State and others, 28 (2008) BLD (HCD) 354; Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 60 DLR (AD) 195. Lawyers Involved: Md. Lutfor Rahman, Advocate-For the petitioner. A.F.M. Mesbahuddin, Senior Advocate, with Md. T..

Category: Criminal Law | Date: 25 Jul, 2013 | Hits: 140

Chow Wen Chang and others Vs. SF Winsome Fashion Ltd. and others, 2013, 42 CLC (HCD)

....The respondent No.3 is directed to pay cost of Taka 50,000 to petition No.1 and Taka 50,000 to petitioner No. 2 within 30 days. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 584. ......e application and further stating that with regard to the statements made in paragraph No. 18 of the petition it is stated that the petitioner No. 2, who is a foreign national, was neither present in Bangladesh on 29-10-2011, nor had he appointed the petitioner No.1, a foreign national, as his Attor......eme Court High Court Division (Statutory Original Jurisdiction)  Present: Md. Rezaul Hasan J  Chow Wen Chang and others.........................Petitioners Vs. SF Winsome Fashion Ltd. and others……………….Responde......o. 2 within 30 days. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 584. ..

Category: Company Law | Date: 24 Jul, 2013 | Hits: 10

Bangladesh Development Bank Limited Vs.Judge, Artha Rin Adalat, Jessore and others, 2013, 42 CLC (HCD)

....respondents No.2-4 treating the same as a proper miscellaneous case after hearing both sides forthwith. Communicate at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2013) 1. ......se is also Reported in: 66 DLR (HCD) (2013) 1. ......igh Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Ashraful Kamal J Bangladesh Development Bank Limited...................Petitioner Vs. Judge, Artha Rin Adalat, Jessore and others..............Respondents Judgment Jul......with. Communicate at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2013) 1. ..

Category: Banking Law | Date: 24 Jul, 2013 | Hits: 10

Sarwar Hossain Moni (Md.) Vs. State and another, 2013, 42 CLC (AD)

....iewed in affirming the judgment and order passed by the High Court Division and accordingly, both these petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 283. ......31 of 2008, it was alleged that the accused-petitioner issued a cheque in favour of the complainant bearing No.50/Kha(চ) 1204311 dated 30-4-2008 for an   amount of Taka 50,00,000 drawn on Bangladesh Commerce Bank Ltd., Bangshal Branch, Dhaka of his Current Account No.000091. The complain...... Syed Mahmud Hossain J AHM Shamsuddin Chowdhury J              Sarwar Hossain Moni (Md.)........Petitioners (In both cases) Vs. State and another……………………Respondent......ra Kumar Sinha J Abdul Wahhab Miah J Syed Mahmud Hossain J AHM Shamsuddin Chowdhury J              Sarwar Hossain Moni (Md.)........Petitioners (In both cases) Vs. State and another………&hell..

Category: Criminal Law | Date: 24 Jul, 2013 | Hits: 8

Shahnaz Parveen and others Vs. Bangladesh, represented by the Secretary, Ministry of Heath and Family Welfare Dhaka and others, 2013, 42 CLC (HCD)

....ssued at the instance of as many as 61 petitioners who are serving in a development project relating to Tuberculosis and Leprosy Control, Micro Bacterial Diseases Control, Department of Health of the Government of Bangladesh. Their posts were subsequently transferred to the revenue budget by order o......rt Division (Special Original Jurisdiction) Present: Tariq-ul-Hakim J Abu Taher Md. Saifur Rahman J Shahnaz Parveen and others.......................Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Heath and Family Welfare Dhaka and others........... High Court Division (Special Original Jurisdiction) Present: Tariq-ul-Hakim J Abu Taher Md. Saifur Rahman J Shahnaz Parveen and others.......................Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Heath and Family Welfare Dhaka and ot...... Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 157 ..

Category: Administrative Law, Employment/Service Law | Date: 8 Jul, 2013 | Hits: 3

Monowara Begum Vs. Government of Bangladesh others, 2013, 42 CLC (HCD)

.... ......t High Court Division (Civil Revisional Jurisdiction) Present: SM Emdadul Hoque J Monowara Begum..................Defendant-Respondent-Petitioner Vs. Government of Bangladesh others.........................Opposite-Parties Judgment June 16, 2013. Re......   ......itioner Vs. Government of Bangladesh others.........................Opposite-Parties Judgment June 16, 2013. Result: The Rule is disposed of. Lawyers Involved: Md. Mostafa Advocate—For the Petitioner Md. Khurshid Alam Khan, Advocate— For the O..

Category: Civil Law, Property Law | Date: 16 Jun, 2013 | Hits: 2

Moulana Development Co. Limited Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)

....d the materials on record. 6. It has been further asserted that the petitioner being liable to deduct the Advance Income Tax from the supplier’s bill and to deposit the same to the credit of the Government, the same is required to be examined pursuant to the provision of section 117A of the Inc......t relates to the previous assessment years other than the current assessment years. However, there shall be no order as to costs. Mohammad Ullah J. - I agree. This Case is also Reported in: ......t: AFM Abdur Rahman J Mohammad Ullah J Moulana Development Co. Limited, 980/Access road, Agrabad Chittagong represented its Managing Director Muhammad Abdul Quader Zilany…....Petitioner Vs. 1. National Board of Revenue, NBR Building, Segunbagicha, Dhaka, represented by its Chairman.......t relates to the previous assessment years other than the current assessment years. However, there shall be no order as to costs. Mohammad Ullah J. - I agree. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 12 Jun, 2013 | Hits: 86

Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)

....t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58.     ...... delivering it to the person on whom -it is to be served; or (b) By sending it by registered post with acknowledgement due to that person at his usual or last known place of abode or business in Bangladesh; or (c) By publication in a daily Bangla nation­al newspaper having wide circula...... Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J AHM Shamsuddin Chowdhury J Golam Rasul Belal..................................Appellant Vs. Habibullah Shakir and another.............Respondents Judgment June 11, 2013. ......proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58.     ..

Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10

Sahab Uddin (Md.) Vs. State and another, 2013, 42 CLC (HCD)

....ce during the trial. In view of the above, we find no merits in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 86. ......tiable Instruments Act, 1881 (the Act, 1881), alleging, inter alia, that in order to repay a loan due to him, the accused issued three cheques in his favour. All the cheques were drawn on Islami Bank Bangladesh Ltd., Chauk Bazar Branch. The cheques were dated 28-5-2008, 10-6-2008 and 28-5-2008 for T...... Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J  Md. Abdul Wahhab Miah J AHM Shamsuddin Choudhury J Sahab Uddin (Md.).........................Petitioner Vs. State and another ........................Respondents Judgment June 11, 2013. ......ave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 86. ..

Category: Civil Law | Date: 11 Jun, 2013 | Hits: 14

Grameen Telecom Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)

....o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ......en Bank Complex Mirpur-2, Dhaka-1216….. ……………............Assessee-Applicant Vs. The Commissioner of Taxes, Taxes Zone-03, 35, Pioneer Road, (Ayesha Manjil) Segunbagicha, Dhaka-1000, Bangladesh………Respondent Judgment June 5, 2013. Result: Income Tax Reference Applic...... Grameen Telecom represented by its Managing Director: M. Khalid Shams, having its Registered Office at Grameen Bank Complex Mirpur-2, Dhaka-1216….. ……………............Assessee-Applicant Vs. The Commissioner of Taxes, Taxes Zone-03, 35, Pioneer Road, (Ayesha Manjil) Segunbagicha, Dha......expenses and I liability claim for assessment year 1999-2000. The Deputy Commissioner of Taxes after receiving aforesaid directives issued a letter to the appellant which was received on 20.5.2004 by Md. Nazmul Islam, Deputy Manager, Accounts, Grameen Telecom under appellant company’s clear seal. ..

Category: Fiscal/Taxation Law | Date: 5 Jun, 2013 | Hits: 86

A.B.M. Liton Vs. Bangladesh & Others, 2013, 42 CLC (HCD)

....the refusal of bail are set-aside in so far as the petitioner is concerned. Communicate this order.  Ed.  This Case is also Reported in: 66 DLR (HCD) (2014) 207   ......iction) Present: Sheikh Hassan Arif J Mustafa Zaman Islam J A.B.M. Liton…………………………..Petitioner Vs. Bangladesh & Others………………………&hell......al Jurisdiction) Present: Sheikh Hassan Arif J Mustafa Zaman Islam J A.B.M. Liton…………………………..Petitioner Vs. Bangladesh & Others……………………&hel......, this Court also enlarged the petitioner on bail. 2. The Rule is opposed by the respondent No. 3-Bank through Mr. AZM Mohiuddin, learned advocate, who has filed, an Affidavit-in-Opposition. Mr. Md. Helal Uddin Mollah, learned advocate appearing for the petitioner, submits that the respondent-B..

Category: Banking Law | Date: 3 Jun, 2013 | Hits: 5

Bimol Rosario Vs. Barbara Rosario and others, 2013, 42 CLC (HCD)

....ft No.2453 dated 30-6-2004 AD and on the same day delivered possession of the suit land to them and since then the defendants have been residing thereon by mutating their name and paying rents to the Government. The plaintiff has no right, title and interest in the suit land and, as such, the suit i......w are hereby maintained. Let a copy of this judgment along with the lower Court s record be sent down at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 122.   ...... High Court Division (Civil Revisionai Jurisdiction) Present: Sheikh Abdul Awal J Bimol Rosario……………......................Petitioner Vs. Barbara Rosario and others ...........Opposite Parties Judgment May 22, 2013. ......o her nephews depriving her minor child…………(21 &  22) Cases Referred to- 19 BLT 568; 37 DLR (AD) 205, 45 DLR 279;19 DLR 188. Lawyers Involved: Md. Khandker Amitml Hague, Advocate—For the Petitioner. Moudud Ahmed with Md. Abdun Nur,..

Category: Civil Law, Evidence Law | Date: 22 May, 2013 | Hits: 3

Nazrul Islam (Md.) & others Vs. Mahfuzur Rahman and others, 2013, 42 CLC (HCD)

....order along with the lower Court s record be sent down to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 126.   ......order along with the lower Court s record be sent down to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 126.   ...... (Civil Revisional Jurisdiction) Present: ANM Bashir Ullah J Nazrul Islam (Md.) & others……………………Defendant-Petitioners Vs. Mahfuzur Rahman and others.................Plaintiff-Opposite Parties Judgment Ma......se is also Reported in: 66 DLR (HCD) (2014) 126.   ..

Category: Property Law | Date: 21 May, 2013 | Hits: 6

Moon Construction Company Limited Vs. Government of Bangladesh & others, 2013, 42 CLC (HCD)

....urt Division (Civil) Present: Reza-ul-Hoque J A.B.M. Altaf Hossain J Moon Construction Company Limited……………….Petitioner Vs. Government of Bangladesh & others……………….Respondents ...... (Civil) Present: Reza-ul-Hoque J A.B.M. Altaf Hossain J Moon Construction Company Limited……………….Petitioner Vs. Government of Bangladesh & others……………….Respondents Judgment ......gh Court Division (Civil) Present: Reza-ul-Hoque J A.B.M. Altaf Hossain J Moon Construction Company Limited……………….Petitioner Vs. Government of Bangladesh & others……………….Responden...... Novva Ads Vs. Department of Municipal Administration, (2008) 8 SCC 42; AKM Kawsar Ahmed Vs. Bangladesh, 65 DLR 277; BTMC Vs. Nasiruddin Chowdhury, 5 BLC (AD) 144. Lawyers Involved: Md.  Oziullah, Advocate- For the Petitioner Sarwar Ahmed, Advocate- For Respondents Nos. 1..

Category: Constitutional Law | Date: 16 May, 2013 | Hits: 4

ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)

....charged without any orders as to costs.' Communicate the judgment to the court con­cerned at once.  Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9.   ......r or further order or orders passed as to this Court may seem fit and proper. 4. Facts relevant for disposal of these Rules are, in a bridge, is that, the respondent No. 2, GSP. Finance Company (Bangladesh) Limited institut­ed Artha Rin Suit No. 276 of 2010 against the petitioners claiming ...... Present: Syed Refaat Ahmed J Mahmudul Haque J ABSCO Limited……………………………................Petitioners Vs. Artha Rin Adalat No.2, Dhaka & another..................Respondents Judgment ......charged without any orders as to costs.' Communicate the judgment to the court con­cerned at once.  Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9.   ..

Category: Corporate Law, Others | Date: 15 May, 2013 | Hits: 8

Taposh Malaker Vs. Government of Bangladesh, Represented by the Secretary, Ministry of LGRD) and others, 2013, 42 CLC (AD)

.... Surendra Kumar Sinha J MA Wahhab Miah J Syed Mahmud Hossain J Siddiqur Rahman Miah J AHM Shamsuddin Choudhury J Taposh Malaker..............Petitioner Vs. Government of Bangladesh, Represented by the Secretary, Ministry of LGRD) and others……......Kumar Sinha J MA Wahhab Miah J Syed Mahmud Hossain J Siddiqur Rahman Miah J AHM Shamsuddin Choudhury J Taposh Malaker..............Petitioner Vs. Government of Bangladesh, Represented by the Secretary, Ministry of LGRD) and others………&helli......ssain CJ Surendra Kumar Sinha J MA Wahhab Miah J Syed Mahmud Hossain J Siddiqur Rahman Miah J AHM Shamsuddin Choudhury J Taposh Malaker..............Petitioner Vs. Government of Bangladesh, Represented by the Secretary, Ministry of LGRD) and others&hellip......ce. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 1. ..

Category: Election Law | Date: 7 May, 2013 | Hits: 6