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AKM Mazharul Haq Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....directed to reinstate the petitioner in service within 30 days of receipt of copy of this judgment with back wages and other benefits. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 274. ......directed to reinstate the petitioner in service within 30 days of receipt of copy of this judgment with back wages and other benefits. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 274. ......igh Court Division (Special Original Jurisdiction) Present: Tariq-ul-Hakim J Moinul Islam Chowdhury J AKM Mazharul Haq Chowdhury……………………Petitioner Vs. Bangladesh and others……………………Respondents Judgment February 10, 2010. Result: The R......calls for no interference by this Court. 7. The Respondent No.1, Government of Bangladesh has not filed any Affidavit-in-Opposition but Mr. Delowar Hossain Samadder, the learned Assistant Attorney General opposes the Rule and adopts the arguments of the learned Advocate for the Respondent No.3 Mr..

Category: Employment/Service Law | Date: | Hits: 157

Sekandar Spinning Mills Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2011, 40 CLC (HCD)

....ect. The respondent is hereby directed to re-adjust the amount of Taka 10,90,585 in the VAT Register of the petitioner company at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 272.......ect. The respondent is hereby directed to re-adjust the amount of Taka 10,90,585 in the VAT Register of the petitioner company at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 272....... Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 272.......ruary 9, 2011. Result: The Rule is made absolute. Lawyers Involved: Tanim Hussain Shawon with Abdullah Mahmood Hasan, Advocate - For the Petitioner. SM Moniruzzaman, Assistant Attorney-General - For the Respondent. Writ Petition No. 3932 of 2006. Judgment SM Emdadul Hoque J.-..

Category: Fiscal/Taxation Law | Date: | Hits: 196

Jalil and another Vs. Chairman, Court of Settlement and another, 1991, 20 CLC (HCD)

.... to reside in the said house till June, 1974 but in the second week of June, 1974 the petitioners and their mother were ousted from the said property by some goondas and subsequently. Mr. Aftabuddin, Deputy Secretary of the Ministry of Works treated the said property as abandoned property although t......ned property. The respondents are directed to put the petitioners in possession of the said house within 3(three) months from date. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 288.......s also Reported in: 44 DLR (HCD) (1992) 288......., 1991. Result: The rule is made absolute. Lawyers Involved: Dr. Rafiqur Rahman with Md. Ismail Khan, Advocates ‑For the Petitioners. Fakhrul Islam, Assistant Attorney General ‑ For the Respondent No.2. Writ Petition No. 1602 of 1988. Judgment Md...

Category: Property Law | Date: | Hits: 90

State Vs. Abul Khair & 2 others, 1992, 21 CLC (HCD)

....dra Kumar Ghosh Vs. King Emperor, AIR 1925 PC 1. Lawyers Involved: Ahmed Ali, Advocate, for the appellants (In both the appeals and in opposition to the reference). Moazzem Hossain, Deputy Attorney General ‑ For the State and in support of the reference. Death Reference No.......Reference No. 1 of 1985 accepted as per judgments delivered by my learned brothers, Md. Abdur Rouf and Syed Fazle Ahmed, JJ. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 284. ......e State………………………Appellant Vs. Abul Khair & 2 others….....Opposite Parties Judgment February 4, 1992. Result: Criminal Appeal No. 42 of 1985 and Jail Appeal No. 32 of 1988 are dismissed. Death Reference No.1 of 1985 is accepted. Cases ......Vs. King Emperor, AIR 1925 PC 1. Lawyers Involved: Ahmed Ali, Advocate, for the appellants (In both the appeals and in opposition to the reference). Moazzem Hossain, Deputy Attorney General ‑ For the State and in support of the reference. Death Reference No.1 of 1985 with C..

Category: Criminal Law | Date: | Hits: 116

Commissioner of Taxes, Dhaka Vs. MA Hossain & Co., 1992, 21 CLC (HCD)

....llate Tribunal is justified in holding that the appeals are time barred counting the period of limitation of 60 lays from 15.1.86, when the order of the appellate Joint Commissioner was served on the Deputy Commissioner of taxes, inasmuch as under section 33(2) of the Income‑Tax Act and section 15......cting the appeal on the ground of limitation we answer the question in the negative. The parties are to bear their own costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 282.......eriod of limitation of 60 lays from 15.1.86, when the order of the appellate Joint Commissioner was served on the Deputy Commissioner of taxes, inasmuch as under section 33(2) of the Income‑Tax Act and section 158(4) of Ordinance XXXVI of 1984 the, Commissioner of Taxes is entitled to file an appe......cting the appeal on the ground of limitation we answer the question in the negative. The parties are to bear their own costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 282...

Category: Procedural Law | Date: | Hits: 103

Abdul Khaleque Vs. Court of Settlement and others, 1991, 20 CLC (HCD)

....rred to- Mukhtar Ahmed Vs. Government of Bangladesh and others, 34 DLR 29. Lawyers Involved: MI Farooqui with M Saleemullah, Advocates ‑ For the Petitioner. AY Salehuzzaman, Deputy Attorney General, with Fazlul Haque, Assistant Attorney General ‑ For the Respondents. ......lawful authority and the same are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 273....... (Special Original Jurisdiction) Present: Quazi Shafiuddin J Mainur Reza Chowdhury J Abdul Khaleque....................... Petitioner. Vs. The Court of Settlement and others ……………………..Respondents. Judgment October 22, 1991. Resul......ukhtar Ahmed Vs. Government of Bangladesh and others, 34 DLR 29. Lawyers Involved: MI Farooqui with M Saleemullah, Advocates ‑ For the Petitioner. AY Salehuzzaman, Deputy Attorney General, with Fazlul Haque, Assistant Attorney General ‑ For the Respondents. Writ Petition ..

Category: Property Law | Date: | Hits: 90

Abdul Kabir Vs. State, 1998, 27 CLC (HCD)

....he State, 4 BLT (AD) 58; Mostafizur Rahman Vs. Bangladesh, 49 DLR 599; Santosh Bhusan Das Vs. State, 4 BLT (AD) 58. Lawyers Involved: Not Represented- the Petitioner. Munsurul Hoque Chowdhury Deputy Attorney-General with Mushfiqur Rahman, Assistant Attorney-General - For the State. Crimin......sh the proceedings of that case. In the result, the Rule is discharged. Communicate the order to the Magistrate concerned at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 306. ......4 of the Anti-Corruption Act, 1957. In reply to the notice he submitted a statement before the authority about the matter. On inquiry, the Bureau of Anti-Corruption found that the statement was false and also found that the accused had property worth Taka 1,03,35,948 disproportionate to his known so......(AD) 58; Mostafizur Rahman Vs. Bangladesh, 49 DLR 599; Santosh Bhusan Das Vs. State, 4 BLT (AD) 58. Lawyers Involved: Not Represented- the Petitioner. Munsurul Hoque Chowdhury Deputy Attorney-General with Mushfiqur Rahman, Assistant Attorney-General - For the State. Criminal Revision No. ..

Category: Criminal Law | Date: | Hits: 109

Rustom Ali (Md.) Matubbar alias Alam Vs. Mohammad Salahuddin and another, 1998, 50 CLC (HCD)

....er prays for quashing the proceeding of a complaint case pending for trial in the Court of Metropolitan Magistrate, Chittagong whereupon a Rule was issued calling upon the opposite party No.2 and the Deputy Commissioner, Chittagong to show cause why the proceeding of CR Case No.864 of 1996 now pendi......the Rule is devoid of substance and the same, thus, fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 301. ......vision (Criminal Miscellaneous Jurisdiction) Present: Kazi Ebadul Hoque J AK Badrul Huq J Rustom Ali (Md.) Matubbar alias Alam………………Petitioner Vs. Mohammad Salahuddin and another………………Opposite Parties Judgment March 2, 1998. Result: The Rule i......the Rule is devoid of substance and the same, thus, fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 301. ..

Category: Criminal Law | Date: | Hits: 112

MJL Bangladesh Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2010, 39 CLC (HCD)

....by the VAT authority in its entirety as per statement given in Annexure-'Z' of the supplementary affidavit dated 25-7-2010 forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 257. ......by the VAT authority in its entirety as per statement given in Annexure-'Z' of the supplementary affidavit dated 25-7-2010 forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 257. ......ourt Division (Special original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J MJL Bangladesh Ltd………….........Petitioner Vs. Commissioner, Customs Excise and VAT and others................Respondents Judgment July 25, 2010. Result: The Rule i...... 25, 2010. Result: The Rule is thus disposed of. Lawyers Involved: M Zahir, Senior Advocate with Muhammad Shafiqur Rahman Advocate - For the Petitioner. Murad Reza, Additional Attorney-General with SM Moniruzzaman, Assistant Attorney-General - For the Respondent No.1. Writ Petition..

Category: Fiscal/Taxation Law | Date: | Hits: 269

Nuru Miah and others Vs. State, 2011, 40 CLC (HCD)

....Molla Vs. State, 44 DLR (AD) 10; Alauddin Khan Pathan Vs. State, 19 BLD 74; State Vs. Babul Miah, 63 DLR (AD) 10. Lawyers Involved: Ms. Serwat Siraj, Advocate - For Appellants. Forhad Ahmed, Deputy Attorney-General - For the State. Criminal Appeal No.3395 of 2001. Judgment M Enayet...... 16(sixteen) years released from the Jail immediately, if not wanted in any other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 242....... This Case is also Reported in: 63 DLR (HCD) (2011) 242....... 44 DLR (AD) 10; Alauddin Khan Pathan Vs. State, 19 BLD 74; State Vs. Babul Miah, 63 DLR (AD) 10. Lawyers Involved: Ms. Serwat Siraj, Advocate - For Appellants. Forhad Ahmed, Deputy Attorney-General - For the State. Criminal Appeal No.3395 of 2001. Judgment M Enayetur Rahim J.- Thi..

Category: Criminal Law | Date: | Hits: 112

Abdul Jalil & other Vs. Islami Bank Bangladesh Ltd. and others, 2011, 40 CLC (AD)

.... elaborate discussion. The High Court Division, during hearing of the appeal, called for the relevant volume containing the original printed copy of the CS Khatian No.4300 'Ja' from the office of the Deputy Commissioner, Dhaka, with a view to ascertain the genuineness of the certified copy of this C......th the impugned judgment of the High Court Division. In the result, the appeal is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 107.......Hossain J Md. Imman Ali J Md Mamtaz Uddin Ahmed J Md. Shamsul Huda J Abdul Jalil & other………………….........................Appellants Vs. Islami Bank Bangladesh Ltd and others..........Respondents Judgment October 12, 2011. Result: The appeal is dismiss......th the impugned judgment of the High Court Division. In the result, the appeal is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 107...

Category: Procedural Law | Date: | Hits: 108

Major (Retd.) M Khairuzzaman Vs. State, 1997, 26 CLC (HCD)

....�……………Opposite Party Judgment October 30, 1997. Result: The Rule is made absolute. Lawyers Involved: Mahabubur Rahman, Advocate - For the Petitioner. Shahabuddin Ahmad, Deputy Attorney-General - For the State. Criminal Misc. Case No. 3553 of 1997. Judgment Md.......tioner in the Dhaka Central Jail as under-trial prisoner in connection with Lalbagh PS Case No.11(11)75 till the disposal of that case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 283.......s connection with Lalbagh PS Case No.1 11(11)75 as under-trial prisoner. 2. It is stated in the application that the petitioner was an Army Officer in Bangladesh Army with a good record of service and reputation. He comes of an enlightened distinguished well-to-do Muslim family of this country. T......Opposite Party Judgment October 30, 1997. Result: The Rule is made absolute. Lawyers Involved: Mahabubur Rahman, Advocate - For the Petitioner. Shahabuddin Ahmad, Deputy Attorney-General - For the State. Criminal Misc. Case No. 3553 of 1997. Judgment Md. Mozammel Hoque ..

Category: Criminal Law | Date: | Hits: 105

Laxmi Janardhan Jew Thakur and 3 others Vs. Government of the People’s Republic of Bangladesh and others, 1998, 27 CLC (HCD)

....absolute. Case Referred to- Shuk Deb & another Vs. Province of East Pakistan, 22 DLR 245. Lawyers Involved: MI Faruque with Salimullah, Advocate - For the Petitioners. AFM Shahid, Deputy Attorney-General - For Respondent Nos. 1-3. AF Hasan Ariff Advocate - For Respondent No.4.......stered without any lawful authority and is of no legal effect so far it relates to the property of deed of Endowment dated 25-9-1903. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 273. ......orted in: 50 DLR (HCD) (1998) 273. ......e Referred to- Shuk Deb & another Vs. Province of East Pakistan, 22 DLR 245. Lawyers Involved: MI Faruque with Salimullah, Advocate - For the Petitioners. AFM Shahid, Deputy Attorney-General - For Respondent Nos. 1-3. AF Hasan Ariff Advocate - For Respondent No.4. SK Sinha for..

Category: Property Law | Date: | Hits: 85

Monjurur Rahman (Md.) Vs. Dr. Naimur Rahman, 1998, 27 CLC (HCD)

....t, the appeal is dismissed. The Judgment and decree passed by the Court below is upheld. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 266. ......t, the appeal is dismissed. The Judgment and decree passed by the Court below is upheld. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 266. .......)……………………Appellant Vs. Dr. Naimur Rahman………………………Respondent Judgment February 12, 1998. Result: The appeal is dismissed. Lawyers Involved: Khandakar Mahabubuddin Ahmed with SR Khorshnabish, M Hasan, Advocates - For the Appellant. Habibul ......t, the appeal is dismissed. The Judgment and decree passed by the Court below is upheld. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 266. ..

Category: Property Law | Date: | Hits: 109

Mahbub Alam Vs. Commissioner, Customs, Excise and VAT, Sylhet and others, 2010, 39 CLC (HCD)

....l Airport, Sylhet by Bangladesh Biman bearing Flight No.BG-0052 and while he was going to make a declaration in declaration counter of the Airport, the Customs Officials took him to the office of the Deputy Commissioner of Customs and on interrogation, he confessed that he had 19 gold bars with him ......dgment and order to the Special Tribunal concerned for necessary action and the Respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 395. ...... High Court Division (Special Original Jurisdiction) Present: Hasan Foez Siddique J Md. Azizul Haque J Mahbub Alam………………..Petitioner Vs. Commissioner, Customs, Excise and VAT, Sylhet and others………………….Respondents Judgment June 6, 2010. Result:......r Merchants, 20 DLR 355; Dr. MO Ghani Vs. Dr. ANM Mahmood, 18 DLR (SC) 463. Lawyers Involved: Md. Shahidul Islam, Advocate - For the Petitioner. Md. Abdur Rahman Howlader, Assistant Attorney-General - For the Respondents. Writ Petition No.5120 of 2003. Judgment Md. Azizul Haque J.-..

Category: Fiscal/Taxation Law | Date: | Hits: 177

Niranjan Malaker & another Vs. State, 2009, 38 CLC (HCD)

....uqman Vs. State, PLD 1970, Supreme Court 10; State Vs. Tayeb Ali, 40 DLR (AD) (188) 6; Osman Gani Vs. State, 2001 BLT (AD) 107; Md. Ali Haider Vs. State, 40 DLR 97. Lawyers Involved: MA Mannan, Deputy Attorney-General - For the State. Criminal Appeal No. 617 of 2002. Judgment Md. Aziz......erty forthwith if not required to be detained in any other connection. Send down the LCR with a copy of this Judgment at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 387. ......LR 97. Lawyers Involved: MA Mannan, Deputy Attorney-General - For the State. Criminal Appeal No. 617 of 2002. Judgment Md. Azizul Haque J.- This appeal is directed against the Judgment and order dated 11-11-2001 passed by the Additional Sessions Judge, Moulvibazar in Session Case No.6...... PLD 1970, Supreme Court 10; State Vs. Tayeb Ali, 40 DLR (AD) (188) 6; Osman Gani Vs. State, 2001 BLT (AD) 107; Md. Ali Haider Vs. State, 40 DLR 97. Lawyers Involved: MA Mannan, Deputy Attorney-General - For the State. Criminal Appeal No. 617 of 2002. Judgment Md. Azizul Haque J.- Thi..

Category: Criminal Law | Date: | Hits: 75

Amanullah (Md.) Vs. State and another, 2010, 39 CLC (HCD)

....me of issuing of the Rule is vacated. Let a copy of this Judgment and order be sent to the Court concerned at once of information. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 382. ......me of issuing of the Rule is vacated. Let a copy of this Judgment and order be sent to the Court concerned at once of information. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 382. ......e Court High Court Division (Criminal Revisional Jurisdiction) Present: Md. Abdul Hye J Md. Abdus Samad J Amanullah (Md.)……………………..Accused-petitioner Vs. State and another………………………Opposite Party Judgment June 3, 2010. Result: The ...... Judgment June 3, 2010. Result: The Rule is discharged. Lawyers Involved: Syed Haider Ali, Advocate - For the Accused-Petitioner. Khandker Modarresh Elahi (Tiru), Assistant Attorney-General - For the State-Opposite Party No.1. Md. Khurshid Alam Khan, Advocate - For the ACC-Oppos..

Category: Criminal Law | Date: | Hits: 84

Rafiqul Islam Vs. State and another, 2009, 38 CLC (HCD)

...., 1997 BLD (AD) 44 = 2 BLC (AD) 16. Lawyers Involved: Shah Md. Munir Sharif with AKM Nurul Alam, Md. Imran Jahangir and Abdul Momin Chowdhury, Advocates - For the Petitioner. Shahidul Islam, Deputy Attorney-General - For the State. Mojibur Rahman Miah, Advocate - For the Opposite Party N......g is hereby quashed. Communicate the order to the Court of the learned Additional Metropolitan Sessions Judge, Chittagong, forthwith. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 377. ......me Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Siddiqur Rahman Miah J Md. Abdul Hafiz J Rafiqul Islam…………………….Petitioner Vs. State and another……………………Opposite Parties Judgment February 23, 2009. Result: ......44 = 2 BLC (AD) 16. Lawyers Involved: Shah Md. Munir Sharif with AKM Nurul Alam, Md. Imran Jahangir and Abdul Momin Chowdhury, Advocates - For the Petitioner. Shahidul Islam, Deputy Attorney-General - For the State. Mojibur Rahman Miah, Advocate - For the Opposite Party No.2. Criminal..

Category: Civil Law | Date: | Hits: 150

Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)

....he date the seat has fallen vacant. 41. The Rule is discharged without any order as to cost. The stay order granted earlier by this Court is hereby vacated. The Bangladesh Election Commission, the Deputy Commissioner and Returning Officer, Barisal are hereby directed to hold by-election in Consti......pondent No.1 Bangladesh Election Commission at once addressing it to the Chief Election Commissioner, Bangladesh Election Commission. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 417. ...... High Court Division (Special Original Jurisdiction) Present: K M Hassan J Md. Latifur Rahman J Mahboob Uddin Ahmed……………Petitioner Vs. Bangladesh Election Commissioner, and others………………Respondents Judgment May 27, 1998. Result: The Rule is disch......-Ul Huq, Mr. AR Yousuf, Mr. M Nurullah and Mr. M Mahmudul Islam, the learned senior counsels of this Court to be present at the time of hearing and assist us in the matter as amicus curiae. 3. The General election to Parliament held in 1996 included a constituency in Barisal Division called const..

Category: Election Law | Date: | Hits: 162

Syed Wali Mohammad Salehuddin, 1990, 19 CLC (HCD)

....he rent receiving interest of this Estate had been acquired by the Government, the compensation money that was sanctioned against the estate and which is assessed at Taka 62,988.15 pasia now with the Deputy Commissioner. Barisal and Jhalakati, have not yet been paid and he prays for a direction upon......further order as to costs. The assistance given by Mr. Ahmed Nurur Reza and Mr. Saidur Rahman at the time of hearing is appreciated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 268........ Ahmed Nurur Reza and Mr. Saidur Rahman at the time of hearing is appreciated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 268.......n: 44 DLR (HCD) (1992) 268...

Category: Trust/Waqf Law | Date: | Hits: 166

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