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Biman Bangladesh Airlines Limited and others Vs. Md. Moniruzzaman and others, 2011, 40 CLC (AD)

.... provision of the Parent Legisla­tion or not. (IV) Whether, the High Court Division ought to have considered that the writ petition is premature one since the writ petitioner did not prefer any departmental appeal as per Regula­tion 59 of the Bangladesh Biman Cor­poration Employees (Service) R......service benefit from the date of passing the judgment and order by the High Court Division on 18-3-2010 in writ petition No.4480 of 2009. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 56...

Category: Employment/Service Law | Date: | Hits: 111

Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)

....he suit land. Defendant Nos.25 to 28 also filed a separate written statement but ultimately did not contest the suit. 5. Trial Court by its judgment and decree dated 29-10-1991 decreed the suit in part for 17.19 acres of land. 6. Being aggrieved by and dissatisfied with the judgment and decree...... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ..

Category: Property Law | Date: | Hits: 67

Government of the People's Republic of Bangladesh Vs. Nasirur Rahman, 2011, 40 CLC (AD)

....the post of Director or equivalent of the Directorate General of Women Affairs under the Ministry of Women and Children Affairs within certain period. C. Direct the respondent No.1 and 2 to take departmental action against the respondent No.3 for creating and taking benefit of manufactured letter......on of the direction given by the High Court Division in the impugned judgment and order. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 87, 9 LG (AD) (2012) 50, 17 MLR (AD) (2012) 89. ..

Category: Employment/Service Law | Date: | Hits: 119

Government of Bangladesh and Others Vs. Md. Mosharraf Hossain, 2011, 40 CLC (AD)

....k and status to the post of ABOs were classified as Second Class Gazetted Officer and hence received a higher salary; the ABOs of the High Court Division were being discriminated against their counterparts in the Secretariat. The High Court Division after hearing the parties by its judgment and orde......not find any error in the impugned judgment and order calling for interference by this Court. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 67...

Category: Employment/Service Law | Date: | Hits: 127

Rajdhani Unnayan Katripakkha (RAJUK) Vs. A.K.M. Abdul Hakim and Others, 2010, 39 CLC (AD)

....fidavit-in-opposition denying almost all material allegations made in the writ petition and stating further that without a succession certificate issued by a competent court it is not possible on the part of the respondents to handover vacant physical possession of the land to the writ petitioners a......eable property. We find no substance in this petition, which is accordingly dismissed with cost of Tk. 10,000/- (ten thousand) only. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 34. ..

Category: Civil Law | Date: | Hits: 76

Mainuddin Vs. State and another, 2010, 39 CLC (AD)

....ned Magistrate sent the case for further investigation. Being aggrieved by that order, the informant filed a revision petition before the learned Sessions Judge, Manikgonj, who after hearing both the parties allowed the revision and set aside the order of the Magistrate directing further investigati......dy of Arif was found floating on the water under Silimpur Bridge and that the accused persons murdered his son pressing with the Motor Cycle and kept his dead body under the water. 3. Police after investigation submitted a report with a recommendation to discharge the accused persons. The informa..

Category: Criminal Law | Date: | Hits: 66

Azmal Khan Vs. Md. Afzal Khan and others, 2011, 40 CLC (AD)

.... Civil Appeal No.91 of 2008 (From the Judgment and Order dated 7-2-2006 passed by the High Court Division in Civil Revision No.3682 of 2003) Judgment Surendra Kumar Sinha J. - In a suit for partition among the co-sharers, the defendant No.2 who is appellant before us filed additional writt......ame. We find no substance in the contention of Mr. Kamal-ul-Alam. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 17. ..

Category: Civil Law | Date: | Hits: 86

Ramjan Ali Mistry Vs. Md. Hedayelullah, 1978, 7 CLC (AD)

.... Rent Control Ordinance, 1963 as amended and extended from time to time. The relevant sections that require to be considered are sections 18(1), 18(5) and section 19(1) of the Ordinance, the relevant parts of which are as follows: “18. (1) Notwithstanding anything con­tained in the Transfer of......td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this ap­peal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183...

Category: Property Law | Date: | Hits: 87

M/S Pak Jute Mills Ltd. Vs. Income Tax Officer and another, 1978, 7 CLC (AD)

....8.7.69. The Income Tax Officer, Respondent 1 by his order dated 18.10.69 directed the petitioner-Company to make payment of the super tax on such bonus shares. This raised a contro­versy amongst the parties. The petitioner contended that the face value of Bonus shares cannot be termed as income. Wh......ere the rate of surcharge has been detailed. This point also fails. In the result, therefore, the appeal is dis­missed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 178. ..

Category: Fiscal/Taxation Law | Date: | Hits: 131

Zaminur Rahman & others Vs. Bangladesh & others, 1978, 7 CLC (AD)

....d by B. Hossain, Advocate-on-Record - For the Respondent No.1. K.A. Bakr, Attorney-General, with M. Nurullah, Advocate, instructed by S.M. Huq, Advocate-on-Record - For the Respondents. No.2. Exparte - For the Respondent No.3. Civil Appeal No. 36 of 1977. (From the Judgment and Order dated......uraged. In the above premises the appeal is dis­missed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171...

Category: Fiscal/Taxation Law | Date: | Hits: 112

Mullick Brothers Vs. Income Tax Officer and another, 1978, 7 CLC (HCD)

....ng advantage of the Martial Law prevailing in Pakistan. The appellant was coerced by the illegal process and was forced to accept abnormal high income and taxes assessed against the appellant and his partners under the threat of prosecution. 3. The processing and assessment of the income tax bein......informed that no relief as de­manded could be accorded as it was not based on any decision of the Court. 5. The appellant served another notice demanding justice on the Commissioner of Income Tax investigation (now north) Dacca being respondent No.2 on 10.4.1974 for directing respondent No.1 to ..

Category: Fiscal/Taxation Law | Date: | Hits: 122

Mohammad Golam Rabbani and another Vs. Government of People's Re­public of Bangladesh, 1978, 7 CLC (AD)

....nts in those paragraphs contain adverse remarks in respect of his and the other learned Advocate Mr. Shamsul Karim's conduct and as such they should be expunged from the judgment and shall not form a part thereof. 6. Mr. Moksudur Rahman the learned Deputy Attorney General appears for the State. T......nd the observations in paragraphs 10-15 in entirely are expunged. In the result the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 163...

Category: Others | Date: | Hits: 145

Sonali Bank Vs. Mozaffor Hossain, 1997, 26 CLC (HCD)

....9 rule 13 of the Code of Civil Procedure, the plaintiff approaching this Court in an application under section 115 of the Code of Civil Procedure whereupon a Rule was issued calling upon the opposite party to show cause as to why the judgment and order dated 23-3-1988 passed by the learned Subordina......t of Subordinate Judge, Barisal is set aside and the ex parte decree dated 30-7-1983 is maintained. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 174. ..

Category: Procedural Law | Date: | Hits: 80

Harunar Rashid (Md.) Vs. Subordinate Judge, (Artha Rin Adalat) Bogra and others, 1997, 26 CLC (HCD)

....definition of section 2(Kha) of the said Act. The settled principle of law is that the provisions of special statute has to be construed very strictly. In this case since there is no assertion on the part of the bank that the bank had advanced or paid any money by way of loan as defined under sectio......92 (Annexure to the petition) is hereby declared to have been passed or made without any lawful authority and to be of no legal affect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 170...

Category: Civil Law | Date: | Hits: 71

Abdur Rahim Vs. Arifur Rahman and others, 1997, 26 CLC (HCD)

....ulation that they would execute and register a sale deed in respect of the suit property on receipt of the balance of the consideration money. In spite of demands the defendants did not perform their part of the contract and hence the suit for specific performance of contract. 3. Defendant No.1 a......impugned judgment to call for any interference by this Court exercising revisional power. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 166...

Category: Procedural Law | Date: | Hits: 68

Mohor Ranjan Pal and others Vs. State, 1997, 26 CLC (HCD)

....4-9-94 and which is now pending before the Divisional Special Judge, Dhaka. 3. Facts giving rise to these Rules may, in brief, are that Md. Ziauddin Siddiqi an Inspector of the Narcotics Control Department, Dhaka sent a letter to the Ministry of Home Affairs on 12-9-92 alleging that Md. Abdul Maj......¦¿/২৮/৮৪(অংশ-২) and by forging the signature of the then Section Head of the Ministry of Establishment. On the said information the Minister of Home Affairs passed an order for proper investigation and to take legal action accordingly. Following that ASP (CID) Abdul Kahar Akond inves..

Category: Criminal Law | Date: | Hits: 71

Aslam Vs. State, 1998, 27 CLC (HCD)

....arned Tribunal Judge rejected the appellant’s prayer for bail. 2. The prosecution case, in short, is that, one Md. Awal Hossain Khan and Moniruzzaman SI of Police Narayangonj PS along with their party raided the house of accused-appellant Aslam in a 3rd floor flat of 4 storied building belongin......ayangonj Police Station and filed ejahar whereupon Narayangonj PS Case No.16(7)95 dated 13-7-1995 was started against the accused-appellant under section 19A and 19F of the Arms Act. The police after investigation submitted charge sheet against the accused-appellant under the same section of law on ..

Category: Criminal Law | Date: | Hits: 65

Amena Khatun and others Vs. Md. Afsaruddin being dead his heirs 1(ka) Maleka Khatun and others, 1997, 26 CLC (HCD)

....rned Additional District Judge, 1st Court, Dhaka in TA No.185 of 1968 affirming those dated 30-3-1968 passed by the learned Subordinate Judge, 5th Court, Dhaka in TS No.22 of 1967. 2. The opposite party No.1 Md. Afsaruddin (now dead) as plaintiff filed Title Suit No.22 of 1967 against the predece......down the lower Court records immediately. Cost assessed by the lower Court in respect of the share of the suit land is maintained. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 156. ..

Category: Property Law | Date: | Hits: 63

Shahnewaz Karim (Md.) Vs. State, 2009, 38 CLC (HCD)

....minal Miscellaneous Case No. 21114 of 2008. Judgment Siddiqur Rahman Miah J.- This Rule on an application filed under section 561A of the Code of Criminal Procedure was issued upon the opposite party against order No.2 dated 26-10-2008 passed by the learned Sessions Judge, Brahmanbaria in Crim......esses and a case under section 25B(2) of the Special Powers Act, 1974 bearing Brahmanbaria Police Station Case No.30 dated 7-7-2008 was started against the accused. The instant case is still under investigation and charge sheet is not yet submitted by the investigating Officer. It is further stat..

Category: Criminal Law | Date: | Hits: 110

Islam Enterprise Vs. Commission of Taxes Zone-3, 2007, 36 CLC (HCD)

....nal was justified in not correcting the mistakes as apparent from record under section 173 of the Ordinance? 12. Mr. AB Siddique, learned Advocate for the applicants, challenged the rejection of a part of the receipts out of construction business which were supported by the payment certificates i......he applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 59...

Category: Fiscal/Taxation Law | Date: | Hits: 97