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Abul Hussain Md. alias Abul Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and Others, 1991, 20 CLC (HCD)

.... Hussain Mohammad Habibur Rahman J Mainur Reza Chowdhury J Abul Hussain Md. alias Abul.....................................Petitioner Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and Others………..………………………...Respondents Judgme......mad Habibur Rahman J Mainur Reza Chowdhury J Abul Hussain Md. alias Abul.....................................Petitioner Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and Others………..………………………...Respondents Judgment May 2...... Rahman J Mainur Reza Chowdhury J Abul Hussain Md. alias Abul.....................................Petitioner Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and Others………..………………………...Respondents Judgment May 29, 1991. ......iginal Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Mainur Reza Chowdhury J Abul Hussain Md. alias Abul.....................................Petitioner Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and Others………..……â..

Category: Criminal Law | Date: | Hits: 105

Anwar Ali (Md) Vs. Chairman, Rajdhani Unna­yan Kartipakha (RAJUK) & others, 1991, 20 CLC (HCD)

....e the promulgation of the Building Construction Act, 1952. The petitioner paid rent regularly for the premises to the owners. The lands of the premises along with the other lands were acquired by the Government of erstwhile East Pakistan for the purpose of development of Dolaikhal area and the peopl......uthority. In the result, the Rule is discharged but without any order as to costs. The stay order passed by this court is vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 515. ......ow cause why the notice dated 26.12.88 (Annexure‑F) issued by the Authorised Officer, Rajdhani Unnayan Kartipakha respondent No.2 should not be declared to have been passed without lawful authority and to be of no legal effect. 2. The case of the petitioner is that the petitioner, Proprietor of......preme Court High Court Division (Special Original Jurisdiction) Present: Fazle Hussain J Mohammad Habibur Rahman J Mainur Reza Chowdhury J Anwar Ali (Md)...........Petitioner Vs. Chairman, Rajdhani Unna­yan Kartipakha (RAJUK) & others……….…Respondents Judgm..

Category: Property Law | Date: | Hits: 92

Rezaul Karim Vs. Jahanara Begum, 1991, 20 CLC (HCD)

....ial is held within three months from receipt of this Court's order by the trial Court. The learned Advocate for the plaintiff opposite party apprehends that subsequent suit (TS No.62 of 1990) wherein Government has been impleaded as party may take innumerable adjournments for filing the written stat......eipt of this order by the trial court. In the result, the Rule is disposed of as indicated above. I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 508....... ABM Nurul Islam with Nowab Ali Molla, Advocate - For the opposite party. Civil Revision No. 887 of 1990. Judgment Syed Fazle Ahmed J.- This Rule calls in question the legality and propriety of the order dated 11.4.90 passed by the 1st court of Assistant Judge, Dhaka rejecting......DLR (HCD) (1992) 508...

Category: Property Law | Date: | Hits: 112

Super Oil Refinery Ltd. Vs. Commissioner Customs and others, 2010, 39 CLC (HCD)

....h law as early as possible preferably within 1(one) month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 6; 30 BLD (HCD) (2010) 149. ....... So the imported consignment is still under the control and authority of the respon­dent No.1 Commissioner. 5. It is further stated that the pre-shipment inspection agent "Bureau Veritas (BIVAC) Bangladesh Ltd." vide a letter dated 3-11-2003 sought a ruling purportedly under section 219 of the ...... Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emadadul Hoque J Super Oil Refinery Ltd………………........Petitioner Vs. Commissioner Customs and others…......................Respondents Judgment February 17, 2010. Result: The...... ..

Category: Fiscal/Taxation Law | Date: | Hits: 172

Begum Shirin Akhtar Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)

....earned judge can disposed of the cases without taking any further step. Send down the lower record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 1. ....... ......vil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Md. Shawkat Hossain J Begum Shirin Akhtar.................Petitioner Vs. Bangladesh House Building Finance Corporation and others...............Opposite Party Judgment June 7, 2010. Result: Cases Referred t......2011) 1. ..

Category: Civil Law | Date: | Hits: 198

Usha Chemical Industries Ltd. Vs. Bangladesh, 2008, 37 CLC (HCD)

....in a period of 3 months from the date of receipt of this order. With this direction this Writ Petition is sum­marily disposed of. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 563. ...... 563. ......r ABM Khairul Haque J.- This is an application under Article 102 of the Constitution of the People's Republic of Bangla­desh. 2. It is stated in the petition that in response to a notice of demand allegedly based on consumption of gas (Annexure-F), the petitioner filed an appeal before the Co...... (2011) 563. ..

Category: Fiscal/Taxation Law | Date: | Hits: 280

Shamsuddin Ahmed alias Md. Shamsuddin Vs. Managing Director, Bangladesh Mukti Juddha Kallyan Trust and others, 1992, 21 CLC (HCD)

....petition is declared to have been made without lawful authority. The respondents are directed to reinstate the petitioner in service. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 524. ......igh Court Division (Special Original Jurisdiction) Present: Md. Abdul Jalil J Kazi Ebadul Hoque J Shamsuddin Ahmed alias Md. Shamsuddin………Petitioner. Vs. Managing Director, Bangladesh Mukti Juddha Kallyan Trust and others……..Respondents. Judgment August 13, 1992.......l Jurisdiction) Present: Md. Abdul Jalil J Kazi Ebadul Hoque J Shamsuddin Ahmed alias Md. Shamsuddin………Petitioner. Vs. Managing Director, Bangladesh Mukti Juddha Kallyan Trust and others……..Respondents. Judgment August 13, 1992. Result: The Rule is made absolu......) 524. ..

Category: Employment/Service Law | Date: | Hits: 207

Javed Traders and another Vs. Premier Soap Factory Ltd. and another, 1992, 21 CLC (HCD)

....of Or. 37 CPC and in the light of the observation made above. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 490....... a cheque bearing No. CHA HI D/C, 084647 for Tk. 1,77,200.00 on Sonali Bank, Chowk Bazar Branch, Dhaka payable to the petitioner company, M/s Javed Traders. The cheque was deposited with Islamic Bank Bangladesh Ltd. for clearance and which in its turn presented the cheque to the Sonali Bank for paym......ported in: 44 DLR (HCD) (1992) 490.......me Court High Court Division (Civil Revisional Jurisdiction) Present: AM Mahmudur Rahman J Md. Badruzzaman J Javed Traders and another…………Petitioners Vs. Premier Soap Factory Ltd. and another..........Opposite Parties Judgment Febru..

Category: Procedural Law | Date: | Hits: 155

Abdul Quddus Vs. Government of Bangladesh, 1990, 19 CLC (HCD)

.... High Court Division (Special Original Jurisdiction) Present: Nurul Huque Bhuiyan J Mainur Reza Chowdhury J Abdul Quddus.......................Petitioner Vs. Government of Bangladesh.......................Respondents Judgment June 27, 1990. ......vision (Special Original Jurisdiction) Present: Nurul Huque Bhuiyan J Mainur Reza Chowdhury J Abdul Quddus.......................Petitioner Vs. Government of Bangladesh.......................Respondents Judgment June 27, 1990. Result: ......ged. Cases Referred to- Government of Bangladesh Vs. MS Ispahani, 40 DLR (AD) 116; Mukhter Ahmed Vs. Government of Bangladesh, 34 DLR 29. Lawyers Involved: SS Halder with Sadananda Rana Advocate and Chandi Charan Paul, Advocates—For the Petitioner. M Gholam Rabbani, A......ourt High Court Division (Special Original Jurisdiction) Present: Nurul Huque Bhuiyan J Mainur Reza Chowdhury J Abdul Quddus.......................Petitioner Vs. Government of Bangladesh.......................Respondents Judgment June 27, 1..

Category: Property Law | Date: | Hits: 158

Shahadat Hossain & others Vs. State, 1985, 14 CLC (HCD)

....ppeal is dismissed and the order of conviction and sentence pas­sed against him is confirmed. Anwarul Huque Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 72....... conviction and sentence dated the 25th May, 1983 passed by the Assistant Sessions Judge, Jhenidah in Sessions Case No.17 of 1975 convicting all of them under section 395 read with section 397 of the Bangladesh Penal Code and sentencing each of them thereunder to suffer rigorous imprisonment for a p...... The State…………………………………………………………….Respondent Judgment April 30, 1985. Result: The appeal is allowed. Cases Referred to- Hachi Meah and another Vs. the State,17 DLR 692 (Full Bench); Hatu Mullik and others Vs. the Stat, 19 DLR 662; ......ion (Criminal Appellate Jurisdiction) Present: Anwarul Hoque Chowdhury J Mohammad Ismail Uddin Sarker J Shahadat Hossain & Others………………………………..Appellant Vs. The State…………………………………………………………….Respondent ..

Category: Criminal Law | Date: | Hits: 142

Kala Chand alias Chand Mia & others Vs. Karim Khan and others, 2002, 31 CLC (HCD)

....€¦â€¦.Opposite Parties Judgment December 1, 2002. Result: The Rule is made absolute. Cases Referred to- Lal Medh Vs. Haji Md. Ibrahim Meah, 28 DLR (AD) 61; Sultanuddin Chowdhury Vs. Government of Bangladah, 32 DLR 252; Fahim Ali Haque (Minor) and other Vs. Mohammed Abdul Aziz and o......nate Judge, 1st Court, Narayangonj in Title Appeal No.148 of 1994 is hereby set aside. Send down the lower court records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 564. ......ords at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 564. ....... ..

Category: Property Law | Date: | Hits: 144

Syed Mozammel Huq Vs. People's Republic of Bangladesh represented by Secretary, Ministry of Works and others, 1991, 20 CLC (HCD)

....a Rule was issued on 28.1.90 calling upon the respondents to show cause why an appropriate writ should not be issued declaring Memo No. A(28I)DA/89/265 dated 15.1.90 issued by the Assistant Director, Government Housing and Accommodation Directorate, Bangladesh Secretariat, Dhaka (Annexure 'C') to be......cial Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Abdul Hasib J Syed Mozammel Huq..................Petitioner. Vs. People's Republic of Bangladesh represented by Secretary, Ministry of Works and others ..................Respondents. ......Hussain Mohammad Habibur Rahman J Abdul Hasib J Syed Mozammel Huq..................Petitioner. Vs. People's Republic of Bangladesh represented by Secretary, Ministry of Works and others ..................Respondents. Judgment January 24, 1991. Result: ...... High Court Division (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Abdul Hasib J Syed Mozammel Huq..................Petitioner. Vs. People's Republic of Bangladesh represented by Secretary, Ministry of Works and others .....

Category: Property Law | Date: | Hits: 160

Rafique‑Ul Huq Vs. Bangladesh and others, 1992, 21 CLC (HCD)

....ome Affairs, Bangladesh Secretariat, Dhaka and others ………..Respondents Judgment February 17, 1992. Result: The Rule is made absolute. Case Referred to- Syed Mokbul Hossain Vs. Government of Bangladesh & ors. 44 DLR 39. Lawyers Involved: Syed Ishtiaq Ahmed, with Mah......44 DLR (HCD) (1992) 398. ...... Present: Md. Abdul Jalil J Naimuddin Ahmed J Rafique‑Ul Huq........Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others ………..Respondents Judgment February 17, 1992. Result: The Rule is made a......ed in: 44 DLR (HCD) (1992) 398. ..

Category: Business or Commercial Law | Date: | Hits: 601

James D. Sarker Vs. Rajshahi Krishi Unnayan Bank, 1992, 21 CLC (HCD)

....o, it is a special law as distinguishable from the general law. In sub‑sections 2 and 3 of section 4 of the said Act, there are provisions for appointment of judges for the Artha Rin Adalat, by the Government in consultation with the Supreme Court. In sub‑sections 4 and 5 of section 5 of the sai......llaneous Appeal is dismissed without any order as to costs. Let a copy of this judgment be transmitted to the Court below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 394. ......Bank…………...Respondent Judgment July 21, 1992. Result: The appeal is dismissed. Cases Referred to- Hori Mia Vs. State, 10 DLR 123; 3 QBD page 1; ILR 40 Cal 21 (PC); Jyotish Chandra Chakravarty Vs. Hem Chandra Roy & another, 11 DLR 7; Abdur Rahman Vs. Muhammad Sharif &...... Court High Court Division (Criminal Appellate Jurisdiction) Present: Muhammad Ansar Ali J Md. Abdul Karim J James D. Sarker, Proprietor M/S James Repairing.............Appellant Vs. Rajshahi Krishi Unnayan Bank…………...Respondent Judgment July 21, 1992. Result..

Category: Civil Law | Date: | Hits: 169

Abdul Latif Vs. Principal, Residential Model School, Mohammadpur Dhaka and another, 1987, 16 CLC (HCD)

.... relevant facts of the case are that the petitioner filed the above suits against the opposite parties, Principal of Residential Model School, Mohammadpur, Dhaka and Secretary, Ministry of Education, Government of Bangladesh respectively. He filed an application to the Court under Order 11 rule 14 f......s of the case are that the petitioner filed the above suits against the opposite parties, Principal of Residential Model School, Mohammadpur, Dhaka and Secretary, Ministry of Education, Government of Bangladesh respectively. He filed an application to the Court under Order 11 rule 14 for production ......Court High Court Division (Civil Revisional Jurisdiction) Present: Abdul Bari Sarker J Abdul Latif .......Petitioner Vs. Principal, Residential Model School, Mohammadpur, Dhaka and another……….Opposite Parties Judgment April 2, 1987. Result: The Rule is disch...... Case is also Reported in: 44 DLR (HCD) (1992) 392. ..

Category: Procedural Law | Date: | Hits: 132

Commissioner of Taxes, Chittagong (South) Zone, Chittagong Vs. Pahartali Textile & Hosiery Mills, Pahartali Chittagong, 1992, 21 CLC (HCD)

.... Tribunal the disallowance made by the Deputy Commissioner of Taxes as well as the Appellate Joint Commissioner of Taxes was set aside holding that the contribution to the National Exchequer ranks as Government levy and as such the expenditure in the shape of contribution to the National Exchequer w......xpenditure deductible under section 10(2)(XVI) of the Income Tax Act, 1922." 2. The respondent M/S. Pahartali Textile & Hosiery Mill is a nationalised concern and managed and controlled by the Bangladesh Textile Mills Corporation. The Deputy Commissioner of Taxes completed assessment of the i...... Judgment June 23, 1992. Result: The court ruled in affirmative. Cases Referred to- Haxari Mal Kuthiala Vs. Income Tax Officer, Special Circle, Ambala Canit, 30 ITR, 500; Dialdas Parmanand Kripalani Vs. PS Talwalkar, 1957 Bomb; Commissioner of Income Tax Vs. Zoroastrian Building Socie......ourt Division (Statutory Original Jurisdiction) Present: AM Mahmudur Rahman J Syed JR Mudassir Husain J Commissioner of Taxes, Chittagong (South) Zone, Chittagong……….Applicant Vs. Pahartali Textile & Hosiery Mills, Pahartali Chittagong........Respondent Judgment ..

Category: Fiscal/Taxation Law | Date: | Hits: 266

Nowsher Ali & others Vs. State, 1986, 15 CLC (HCD)

....pheld and reference is accepted. Sentence of death passed on each appellant is merely confirmed. Mohammad Sohrab Ali J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 57. ......17. In the case of State Vs. Abdur Rahman and others reported in 27 DLR 77 condemned prisoners were convicted by the trial Court under section 302 B.P C. read with Article 4 part 1 of the Schedule to Bangladesh Colla­borators (Special Tribunal) order 1972 and was sentenced to death but the order of...... May 11, 1986. Result: The appeals are dismissed. Cases Referred to- 13 DLR page 64; 27 DLR page 7; 37 DLR page 33; State Vs. Puhardhar Joydhar (31 DLR page 312); State Vs. Abdur Rahman and others 27 DLR 77 AIR 1971 S.C. 1584; State Vs. Nawab Ali Biswas, (1961) 13 DLR 646; State Vs. Mo......Court Division (Jessore Bench) (Criminal Appellate Jurisdiction) Present: Mohammad Sohrab Ali J Syed Fazle Ahmed J Nowsher Ali & others.............................Appellants Vs. The State............................................Respondent Judgment May 11, 1986...

Category: Criminal Law | Date: | Hits: 134

Dr. Md. Shahjahan, Advo­cate Vs. Election Commission and others, 2011, 40 CLC (HCD)

....March 14, 2011. Result: The Rule is discharged. Cases Referred to- AFM Shah Alam Vs. Mujibul Hague, 41 DLR (AD) 68; AKM Mayeedul Islam Vs. Bangladesh Election Commission, 48 DLR (AD) 208; Government of Bangladesh Vs. Sheikh Hasina, 60 DLR (AD) 90. Lawyers Involved: None appears - F...... others...............Respondents Judgment March 14, 2011. Result: The Rule is discharged. Cases Referred to- AFM Shah Alam Vs. Mujibul Hague, 41 DLR (AD) 68; AKM Mayeedul Islam Vs. Bangladesh Election Commission, 48 DLR (AD) 208; Government of Bangladesh Vs. Sheikh Hasina, 60 DLR ...... High Court Division (Special Original Jurisdiction) Present: Ashfaqul Islam J SM Emdadul Hoque J Dr. Md. Shahjahan, Advo­cate...............Petitioner Vs. Election Commission and others...............Respondents Judgment March 14, 2011. Result: The Rule is discha......2011) 543. ..

Category: Election Law | Date: | Hits: 231

Md. Abul Boshar Vs. Minakhi Begum & others, 2011, 40 CLC (HCD)

.... being Civil Rule No.773 (F) of 2007 is discharged. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 519....... being Civil Rule No.773 (F) of 2007 is discharged. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 519.......e appeal is dismissed. Cases Referred to- 2 MLR (AD) 215; 57 DLR (AD) 39; 20 BLD (AD) 187; 43 DLR 360; 4 BLC (AD) 193; 5 BLD (AD) 51. Lawyers Involved: Khijir Ahmed with Hidar Alam Kollol and Shofiul Aziz, Advocates - For the Appellant. Zainul Abedin with Shirin Sultana and Md. Abu Ta......upreme Court High Court Division (Civil Appellate Jurisdiction) Present: Sheikh Abdul Awal J FRM Nazmul Ahasan J Md. Abul Boshar…………………………Plaintiff-Appellant Vs. Minakhi Begum & others………………………….Defendant-Respondents Judgment ..

Category: Property Law | Date: | Hits: 105

Mian Abdur Rashid and others Vs. Government of People's Republic of Bangladesh and others, 1986, 15 CLC (HCD)

....vision (Special Original Jurisdiction) Present: Sultan Hossain Khan J Anwarul Hoque Chowdhury J Mian Abdur Rashid and others…………………………………Petitioners Vs. Government of People's Republic of Bangladesh, represented the Secretary, Ministry of Industries &am......ction) Present: Sultan Hossain Khan J Anwarul Hoque Chowdhury J Mian Abdur Rashid and others…………………………………Petitioners Vs. Government of People's Republic of Bangladesh, represented the Secretary, Ministry of Industries & Commerce, Jute Division and othe......o Reported in: 39 DLR (HCD) (1987) 122. ......ourt Division (Special Original Jurisdiction) Present: Sultan Hossain Khan J Anwarul Hoque Chowdhury J Mian Abdur Rashid and others…………………………………Petitioners Vs. Government of People's Republic of Bangladesh, represented the Secretary, Ministry of Industr..

Category: Company Law | Date: | Hits: 162