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Annada Prosad Das Vs. DC, Khulna and others, 2001, 30 CLC (HCD)

....ppeal is allowed, the judgments and decrees of the Courts below are set aside and the suit is decreed in full. No order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 496.......ppeal is allowed, the judgments and decrees of the Courts below are set aside and the suit is decreed in full. No order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 496.......€™s Republic of Bangladesh Vs. Abdul Hoque, 1982 BCR (AD) 143. Lawyers Involved: SS Halder with Joya Bhattacharjee, Advocates — For the Appellant. Bivash Chandra Biswas, Assistant Attorney-General— For the Appellant. Second Appeal No. 491 of 1975. Judgment Abu Sayeed Ahammed J ......Vs. Bangladesh, 40 DLR (AD) 116, Bangladesh Vs. Professor Golam Azam, 46 DLR (AD) 192, Abeda Khatun and another Vs. State of UP and others, AIR 1963 (Allahabad) 260, Md. Ayub Khan Vs. Commissioner of Police, Madras AIR 1965 (SC) 1623, lzhar Ahmed Vs. Union of India AIR 1962 (SC) 1052, Government of ..

Category: Immigration and Citizenship Law | Date: | Hits: 190

Anindra Bhusan Ghose Vs. Bangladesh Government, 2001, 30 CLC (HCD)

....l. For the reasons and discussions made above, I find no merits in this appeal. In the result the appeal is dismissed. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 493.......l. For the reasons and discussions made above, I find no merits in this appeal. In the result the appeal is dismissed. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 493.......ferred To- Feroza Majid and another Vs. Jiban Bima Corporation, 39 DLR (AD) 76. Lawyers Involved: Sk Habibul Alam, Advocate—For the Appellant. Bivash Chandra Biswas, Assistant Attorney-General—For the Respondents. Second Appeal No.114 of 1978. Judgment Abu Sayeed Ahammed J.......l. For the reasons and discussions made above, I find no merits in this appeal. In the result the appeal is dismissed. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 493...

Category: Property Law | Date: | Hits: 85

Bangladesh Forest Industries Development Corporation and others Vs. Sheikh Abdul Jabbar, 2002, 31 CLC (HCD)

....J.- This Rule is directed against the judgment and order dated 21-6-99 of the Additional Divisional Commissioner, Chittagong Division in Civil Appeal No.31 of 1997 reversing that dated 24-2-97 of the Deputy Commissioner, Rangamati Hill District in Civil Suit No.17 of 1995. 2. Bangladesh Forest In......ainable. For the reasons stated above, we do not find a substance in this Rule, which is discharged without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 488. ......ainable. For the reasons stated above, we do not find a substance in this Rule, which is discharged without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 488. ......ainable. For the reasons stated above, we do not find a substance in this Rule, which is discharged without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 488. ..

Category: Civil Law | Date: | Hits: 89

Parul Bala @ Parul Rani Shah Mondol Vs. Suruj Miah and others, 2001, 30 CLC (HCD)

....)68 is disposed of accordingly, the judgments and decrees of, the Courts below are set aside. The suit is decreed in full. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 481.......)68 is disposed of accordingly, the judgments and decrees of, the Courts below are set aside. The suit is decreed in full. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 481.......ase made by the plaintiffs was hit by section 37 of the PDR Act as well and this view of the trial Court has been endorsed by the appellate Court. Section 37 of PDR Act reads as follows: “37. General Bar to jurisdiction of Civil Courts, save where fraud alleges.- Except as otherwise expressl......)68 is disposed of accordingly, the judgments and decrees of, the Courts below are set aside. The suit is decreed in full. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 481...

Category: Property Law | Date: | Hits: 83

Nizam Hazari Vs. State, 2001, 30 CLC (HCD)

....-section 6(a) of section 27 of the Special Powers Act, 1974 and Tribunal did not record any reason for in absentia trial of convict appellant. Nesar Ahmed Vs. Government of Bangladesh, represented by Deputy Commissioner Noakhali and others 49 DLR (AD) 111 had been referred to in support of the said ......uery put to him. Testimony in examination-in-chief was not tested from the side of convict-appellant. 7. P.W.3 Md. Atahar Ali Sheikh, another Police personnel, in his testimony stated that he was Inspector Criminal Investigation Department (CID). On 22-3-1992 as Sub-Inspector of Police he was po......BLD AD 212, Amir Hossain Howlader Vs. The State, 1984 BLD (AD) 193. Lawyers Involved: M Amir-ul Islam with Manzill Murshid Advocates— For the Appellant. Syed Abu Kowser, Assistant Attorney-General, with Md. Mamunor Rashid, Assistant Attorney-General—For the Respondent. Criminal Appea......ot dare to come forward to give evidence against offenders, specifically against the Armed Cadres, for the fear of inviting enmity with them and even for safety of their lives. In Arms case generally Police personnels stand in witness box. This reality cannot be overlooked. Testimonies of police wit..

Category: Criminal Law | Date: | Hits: 58

Milon @ Shahabuddin Ahmed Vs. State, 2001, 30 CLC (HCD)

.... Ahmed are hereby maintained. Send down the lower Court records along with a copy of this judgment to the Court concerned at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 464. ......ives on Mithu. Thereafter, the injured persons were taken to the hospital. Thereafter, the informant went to the police station on the same date and lodged first information report at 10-30 PM. 2. Inspector Md. Jahurul Islam Chowdhury took up the investigation of the case and visited the place of......ain (Md.) alias Alamgir Hossain and another Vs. State, 49 DLR 590; Saad Ahmed Vs. State, 35 DLR 41. Lawyers Involved: MA Quddus, Advocate—For the Appellant. Shueb Ahmad, Assistant Attorney-General with Alhaj Md. Mahmud Hossain Assistant Attorney- General —For the State. Criminal Appe......y to the morgue. He proved the blood stained clothes of the deceased Azhar marked as material Exhibits I and II. 19. P.W.13 Md. Jahurul Islam Chowdhury was the Officer-in-Charge of Comilla Kotwali Police Station at the relevant time and he recorded the first information report lodged by the infor..

Category: Criminal Law | Date: | Hits: 35

Abdus Sukur (Md.) and others Vs. Bhasani Mandal and another, 2001, 30 CLC (HCD)

....gment and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452.......gment and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452.......gment and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452.......their respective land and now, possess the same in their specific share by raising dwelling huts, etc. and on payment of rents. 4. On 8-7-1998 the plaintiffs got a notice issued by the local Demra Police Station on the basis of a complaint dated 7-7-1998 lodged by the defendant Nos. 1 and 2, and ..

Category: Property Law | Date: | Hits: 75

Seastar Shipping Lines Ltd. Vs. Bangladesh & others, 2001, 30 CLC (HCD)

.... Vs. Bangladesh & others……….Respondents Judgment May 16, 2001. Lawyers Involved: M Hafizullah with Md. Ohiullah, Advocates—For the Petitioner. Obaidur Rahman Mostafa, Deputy Attorney-General with Mashfiqur Rahman, Assistant Attorney-General—For Respondent No. 1. ......te of receipt of this order. A copy of this order be sent forthwith to the Prime Minister’s Secretariate and the Ministry of Food. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 449.......desh & others……….Respondents Judgment May 16, 2001. Lawyers Involved: M Hafizullah with Md. Ohiullah, Advocates—For the Petitioner. Obaidur Rahman Mostafa, Deputy Attorney-General with Mashfiqur Rahman, Assistant Attorney-General—For Respondent No. 1. Writ Petition N......te of receipt of this order. A copy of this order be sent forthwith to the Prime Minister’s Secretariate and the Ministry of Food. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 449...

Category: Admiralty Law or Maritime Law | Date: | Hits: 212

State Vs. Md. Shamim alias Shamim Sikder and others, 2000, 29 CLC (HCD)

....ppeal No.947 of 1997. 8. The Death Reference and Criminal Appeals were heard together and are being disposed of by this judgment which shall govern all. 9. Mr. Bazlul Rahman Chhana, the learned Deputy Attorney-General appearing for the State, supported the order of conviction and sentence and .......C. and the witnesses voluntarily made statements. In his cross examination he stated that witness Kazi Jasim did not tell him that he recognised the accused by the electric light. 27. P.W.16 Sub-Inspector Uttam Kumar Biswas was Investigating Officer of the case. He stated that on receipt of a w......1997. 8. The Death Reference and Criminal Appeals were heard together and are being disposed of by this judgment which shall govern all. 9. Mr. Bazlul Rahman Chhana, the learned Deputy Attorney-General appearing for the State, supported the order of conviction and sentence and submitted that t......02 of the Penal Code passed on 17-5-1997 in Sessions Case No.29 of 1995. The prosecution case, in brief, is that one Asim Kumar Dutta, elder brother of deceased Alak Dutta, lodged ejahar with Kotwali Police Station, Barisal stating, inter alia, that his deceased brother Alak Dutta along with their n..

Category: Criminal Law | Date: | Hits: 50

Gurvinder Singh Vs. Secretary, Ministry of Finance and others, 1992, 21 CLC (HCD)

....greement for relief from double taxation with USA and Bangladesh he cannot take advantage. It has been further stated that any person leaving Bangladesh has to take tax clearance certificate from the Deputy Commissioner of Taxes under the law for travel abroad and he has been simply requested to tak......o pay income tax for his income in this country on which no income tax is payable, and it is the specific assertion of the petitioner made in an affidavit before this Court that he was visited by the Inspector of Taxes at his office who simply stated to the petitioner that he is to pay lot of money ......eriod of 2 years effecting from 1-5-90. The work permit shows that his basic salary is US $120, per annum and his oversees allowance, transport and accommodation would be provided by the company. The General Manager of the petitioners local office wrote to the Ministry of Industries for certain clar...... In the result, this Rule is disposed of on the above observations without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 434. ..

Category: Fiscal/Taxation Law | Date: | Hits: 98

Hamza Rubber Industries Vs. Golam Dastagir Gazi, 2001, 30 CLC (HCD)

.... is also discharged and order of ad-interim injunction granted at the time of issue of the Rule is also vacated. Communicate at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 430. ...... is also discharged and order of ad-interim injunction granted at the time of issue of the Rule is also vacated. Communicate at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 430. ...... is also discharged and order of ad-interim injunction granted at the time of issue of the Rule is also vacated. Communicate at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 430. ...... is also discharged and order of ad-interim injunction granted at the time of issue of the Rule is also vacated. Communicate at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 430. ..

Category: Intellectual Property Law | Date: | Hits: 230

Hamayet Uddin Ahmed Vs. First Court of Settlement, Bangladesh Abandoned Building & others, 2001, 30 CLC (HCD)

....ons stated here in above the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 426. ......ons stated here in above the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 426. ...... Ayub Ali Vs. Bangladesh 47 DLR (AD) 71; Bangladesh Vs. Md. Abdul Jalil, 49 DLR (AD) 26. Lawyers Involved: SS Halder, Advocate—For the Petitioner. Dr. Kazi Rezaul Hoque, Assistant-Attorney-General—For the Respondents. Writ Petition No. 2512 of 1995. Judgment Syed Mahmud Hossain......ons stated here in above the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 426. ..

Category: Property Law | Date: | Hits: 103

Progoti General Insurance Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)

....una Levy and surcharge aggregating Taka 13,27,635.00 was not allowable expense against interest and dividend income while grossing up same with the income account, and thereby up holding order of the Deputy Commissioner of Taxes? (ii). Whether on the facts and in circumstances of the case the Tax......ormulated by us in the negative and in favour of the assessee petitioner. There will be no order of cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 424, 53 DLR (HCD) (2001) 531. ......orted in: 53 DLR (HCD) (2001) 424, 53 DLR (HCD) (2001) 531. ......ormulated by us in the negative and in favour of the assessee petitioner. There will be no order of cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 424, 53 DLR (HCD) (2001) 531. ..

Category: Fiscal/Taxation Law | Date: | Hits: 104

Mainuddin Chowdhury & others Vs. State and another, 2001, 30 CLC (HCD)

....granted to the accused-petitioners Nos. 1-3 on 17-8-2000 by another Division Bench of this Division is hereby confirmed and the accused-petitioners No.4 be enlarged on bail to the satisfaction of the Deputy Commissioner, Chittagong, if not wanted in any other connection. Ed. This Case is also ......itioners No.4 be enlarged on bail to the satisfaction of the Deputy Commissioner, Chittagong, if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 416. ......itioners No.4 be enlarged on bail to the satisfaction of the Deputy Commissioner, Chittagong, if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 416. ......etitioners 1-3 on an application filed by them. 3. The prosecution case, in short, inter alia, is that the informant opposite party No.2 Kabir Ahmed lodged a first information report with Satkania Police Station implicating 32 persons including the present petitioners alleging that on 7-7-99 they..

Category: Criminal Law | Date: | Hits: 43

Sagorika and Co. (Pvt.) Ltd. Vs. Commissioner of Taxes, Intelligence and Investigation Zone, 1999, 28 CLC (HCD)

.... company which was assessed to income tax for the assessment year 1982-83 corresponding to the accounting year ending on 30-6-82. The applicant tiled its return showing net loss of Taka 5,266.00. The Deputy Commissioner of Taxes examining the accounts and other details furnished by the assessee appl......ered in the negative, and against the Revenue. Accordingly, the reference is answered in the negative. There will be no order as to costs. Ed. This case is also Reported in: 52 DLR (2000) 484.......ered in the negative, and against the Revenue. Accordingly, the reference is answered in the negative. There will be no order as to costs. Ed. This case is also Reported in: 52 DLR (2000) 484.......ered in the negative, and against the Revenue. Accordingly, the reference is answered in the negative. There will be no order as to costs. Ed. This case is also Reported in: 52 DLR (2000) 484...

Category: Fiscal/Taxation Law | Date: | Hits: 101

Abdul Mannan and another Vs. Bangladesh, 1999, 28 CLC (HCD)

....granted earlier in both Rules are hereby vacated. Lawyers Involved: Moudud Ahmed with Azizul Hoque, Advocates—For the Petitioner (In Writ Petition No.1787 of 1998). Obaidur Rahman Mostafa, Deputy Attorney-General with Dr. Quazi Rezaul Hoque, Assistant Attorney-General—For the Respondent...... Petition No.2259 of 1998 are discharged without any order as to costs. The order of stay granted earlier in both Rules are hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 471. ......in both Rules are hereby vacated. Lawyers Involved: Moudud Ahmed with Azizul Hoque, Advocates—For the Petitioner (In Writ Petition No.1787 of 1998). Obaidur Rahman Mostafa, Deputy Attorney-General with Dr. Quazi Rezaul Hoque, Assistant Attorney-General—For the Respondents. Moudud Ahm...... Petition No.2259 of 1998 are discharged without any order as to costs. The order of stay granted earlier in both Rules are hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 471. ..

Category: Election Law | Date: | Hits: 97

A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)

....MA Hannan and Manzil Murshed, Advocates—For the Petitioners. AKM Saifuddin Ahmed with Masood Reza Sobhan, Mahmuda Parveen Poppy, Advocates — For Respondent Nos. 2 to 4. Syed Mahmud Hossain, Deputy Attorney-General with Nasiruddin Chowdhury, Assistant Attorney-General—For Respondent No. 5......n view of our decision, the order issued earlier directing the parties to maintain status quo in respect of construction is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 461. ......nzil Murshed, Advocates—For the Petitioners. AKM Saifuddin Ahmed with Masood Reza Sobhan, Mahmuda Parveen Poppy, Advocates — For Respondent Nos. 2 to 4. Syed Mahmud Hossain, Deputy Attorney-General with Nasiruddin Chowdhury, Assistant Attorney-General—For Respondent No. 5. Writ Petiti......n view of our decision, the order issued earlier directing the parties to maintain status quo in respect of construction is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 461. ..

Category: Property Law | Date: | Hits: 125

Osena Begum alias Babuler Ma and another Vs. State, 2003, 32 CLC (HCD)

.... Khorshid Alam Khan with Rezbaul Kabir, Md. Zulfiqur Matin and Md. Asaduzzaman, Advocates‑For the Condemned Prisoners. Idrisur Rahman with Shahid Ullah, Advocates‑For the BLAST. Sk Awal, Deputy Attorney‑General with Saifuddin Md. Aminur Rahim, Advocate‑For the State. Death Refere......r case. Let a copy of this judgment be sent to the learned Additional Sessions Judge for his guidance. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 299. ......Khan with Rezbaul Kabir, Md. Zulfiqur Matin and Md. Asaduzzaman, Advocates‑For the Condemned Prisoners. Idrisur Rahman with Shahid Ullah, Advocates‑For the BLAST. Sk Awal, Deputy Attorney‑General with Saifuddin Md. Aminur Rahim, Advocate‑For the State. Death Reference No. 43 of 2000......ry of National Legal Aid Organisation at Brahmanbaria. He was an Advocate and member of Comilla District Bar. On 24‑1‑1998 he for the first time came to know about the incident and went to Sarail Police Station along with reporter Zaydul Hossain. It was about 10‑00/11‑00 AM. When he asked th..

Category: Criminal Law | Date: | Hits: 49

Akkas Ali Molla and another Vs. State, 2001, 30 CLC (HCD)

.... is felt to be necessary. The order of stay of realisation of fine passed on 29‑3‑1989 is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (2003) 296. ...... is felt to be necessary. The order of stay of realisation of fine passed on 29‑3‑1989 is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (2003) 296. ......r, 48 DLR 286; Sona Mia Vs. The State, 42 DLR 8. Lawyers Involved: Mansur Habib, Advocate, with Shahana Begum, Advocate‑For the Convicts-Petitioners. FKM Ahsan Mahbub, Assistant Attorney‑General- For the State. Criminal Revision No. 81 of 1989. Judgment Khademul Islam Chowdhury...... is felt to be necessary. The order of stay of realisation of fine passed on 29‑3‑1989 is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (2003) 296. ..

Category: Criminal Law | Date: | Hits: 129

Mrs. Aruna Sen Vs. Govt. of the Peo­ple's Republic of Bangladesh and others, 1974, 3 CLC (HCD)

....er. Vs. 1. Govt. of the Peo­ple's Republic of Bangladesh through the Secretary, Mi­nistry of Home Af­fairs, Dacca. 2. The Director, Rakkhi Bahini, Sher-e-Bangla Nagar, Dacca. 3. The Deputy Commission­er, Dacca. 4. Deputy Inspector-General of Police, Spl. Branch, Rajarbagh, Dac......public of Bangladesh through the Secretary, Mi­nistry of Home Af­fairs, Dacca. 2. The Director, Rakkhi Bahini, Sher-e-Bangla Nagar, Dacca. 3. The Deputy Commission­er, Dacca. 4. Deputy Inspector-General of Police, Spl. Branch, Rajarbagh, Dacca. 5. The Officer-in-Charge, Mohammadpu......Bangladesh through the Secretary, Mi­nistry of Home Af­fairs, Dacca. 2. The Director, Rakkhi Bahini, Sher-e-Bangla Nagar, Dacca. 3. The Deputy Commission­er, Dacca. 4. Deputy Inspector-General of Police, Spl. Branch, Rajarbagh, Dacca. 5. The Officer-in-Charge, Mohammadpur, P. S. D......through the Secretary, Mi­nistry of Home Af­fairs, Dacca. 2. The Director, Rakkhi Bahini, Sher-e-Bangla Nagar, Dacca. 3. The Deputy Commission­er, Dacca. 4. Deputy Inspector-General of Police, Spl. Branch, Rajarbagh, Dacca. 5. The Officer-in-Charge, Mohammadpur, P. S. Dacca……â..

Category: Constitutional Law | Date: | Hits: 291