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Abdul Gafur Sarder and another Vs. State and ano­ther, 1982, 11 CLC (AD)

....ppellants' prayer for bail. For the aforesaid reason the appeal is allowed, ad interim bail granted to appellants are confirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 279. ......ppellants' prayer for bail. For the aforesaid reason the appeal is allowed, ad interim bail granted to appellants are confirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 279. ...... Supreme Court Appellate Division (Criminal) Present: Fazle Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Abdul Gafur Sarder and another…………………Appellants Vs. The State and ano­ther………………Respo...... 1982. Result: The appeal is allowed. Lawyers Involved: Abdul Malek Ukil, Advocate, instructed by A. Backkar, Advocate-on-Record - For the Appellants. A.W. Bhuiyan, Additional Attorney-General instructed by A.W. Mallik, Advocate-on-Record - For the Respondent 1. Criminal Appeal No...

Category: Criminal Law | Date: | Hits: 97

Bakshu Mia Vs. Govt.of Bangla­desh and others, 1977, 6 CLC (AD)

.... 26 DLR 133 Govinda Shed Jamadar Vs. State (1975) 27 DLR 67. Lawyers Involved: Latifur Rahman, Advocate, instructed by Abdur Rab-2, Advocate on Record-For the Appellant. Sultan Hossain Khan, Deputy Attorney-General instructed by B. Hossain, Advocate on Record-For the Respondent No.1. Mai......nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ......his Case is also Reported in: 30 DLR (AD) (1978) 228. ......nda Shed Jamadar Vs. State (1975) 27 DLR 67. Lawyers Involved: Latifur Rahman, Advocate, instructed by Abdur Rab-2, Advocate on Record-For the Appellant. Sultan Hossain Khan, Deputy Attorney-General instructed by B. Hossain, Advocate on Record-For the Respondent No.1. Mainul Hossain, Adv..

Category: Criminal Law | Date: | Hits: 99

Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Cor­poration Ltd., 1982, 11 CLC (AD)

.... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ...... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ......eferred To- 21 Cal 241; Secre­tary to the Commission of Salt etc. Madras Vs. Mrs. Orr 38 Mad 646; Board of Revenue Vs. Sorrarazu, AIR 1976 Mad 1038 (FB); Mutual Property Insurance Co. Ltd. Vs. Inland Revenue Commissioner, 1926 All England Reports 493; Mad. B. P. 3011 R. Mis.; Inland Revenue Comm......; Inland Revenue Commissioner Vs. Hanry Ansbacher & Co., (1962) 3 All ER 843; National Bank of Pakistan Vs. Fasihuzzaman, PLD 1964 KAR-92. Lawyers Involved: A.W. Bhuiya, Additional Attorney-General, B. Hossain, Assistant Attorney General with him instructed by A. W. Mallik, Advocate-on-Rec..

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

Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)

....rative Action, 4th Edition 584; Groenvelt Vs. Burwell, 1700 1 Ld. Raym 454; R Vs. Herefordshire Magistrate Court ex p Rowlands, 1998 QB 110; R Vs. Wandsworth JJ ex parte Read, 1942 1KB 281; Leech Vs. Deputy Governor of Parkhurst Prison, 1988 AC 533; R Vs. Reading Crown Court ex p Hutchinson, 1988 QB...... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......se is also Reported in: ...... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 133

Bangladesh Steel and Engineering Corporation and another Vs. Md. Masood Reza and others, 1977, 6 CLC (AD)

.... No.27 of 1972) the Go­vernment is pleased to place M/s. Mohammad Masood Reza & Co. Dacca under the Bang­ladesh Steel Mills Corporation. BY order of the President Sd/- S. K. Safiuddin Deputy Secretary." 4. On representations by the respondents No.1 to 3 the Ministry of Industries ......any learned brother Mr. Justice Munim that these appeals should be dismissed. Order of the Court. The appeals are dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 169. ......d. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 169. ......ior Advocate, with M. Nurullah, Advocate, Mahmudul Islam, Advocate, instructed by Abu Backkar, Advocate-on-Record-For the Respondent Nos. 1-3 (In Civil Appeal No. 36 of 1976). K. A. Bakr, Attorney-General, with A.W. Bhuiyan, Assistant Attorney-General, instructed by M. R. Khan, Advocate-on-Record..

Category: Others | Date: | Hits: 154

Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)

....st of removal of any structure erected or of any improve­ment effected on such land at the ex­pense of the tenant or on other acco­unts not being the value of the land as may be [determined by the Deputy Commissioner in the prescribed man­ner]." 6. According to the learned Counsel if the leas......uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ...... Present FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Nur Banu…………………… Appellant Vs. Noor Mohammad and others………………Respondents Judgment February 3, 1983. Result: The appeal i......uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ..

Category: Property Law | Date: | Hits: 103

Md. Shahidullah (Kamal) Vs. Government of Bangladesh represented by Secretary, Local Government Division, Dhaka and others, 2006, 35 CLC (AD)

....mely Goarashal, Bhagdi, Paksachar Ghorashal, Gagia, Char Palash, Atia, Khagair and Palash. That subsequently the Thana Nirbahi Officer, Palash for the reasons best known to him sent a proposal to the Deputy Commissioner, Narsingdi for curtailing said Khanepur Mouza from Charsindur Union without pub......ion made by Mr. Afric." Accordingly, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: ......wdhury J Md. Shahidullah (Kamal)……………………………………………………Petitioner Vs. Government of Bangladesh represented by Secretary, Local Government Division, Dhaka and others…………………Respondents Judgment January 23, 2006. Result: The petiti......law and arrived at a finding that: "In the instant case it appears, from the facts as placed by the Writ Petitioner and also from the relevant Government file placed by the learned Deputy Attorney General, that initially by the notification contained in SRO No.79 dated 13.5.1998, respondent No.1 ..

Category: Election Law | Date: | Hits: 190

Government of Bangladesh Vs. Syed Md. Hyder Ali and others, 2004, 33 CLC (AD)

....iciently explained. Accordingly we do not find any illegality in the impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: ......iciently explained. Accordingly we do not find any illegality in the impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: ......t Appellate Division (Civil) Present: Mohammad Fazlul Karim J MM Ruhul Amin J MA Aziz J Government of Bangladesh……………………Petitioners Vs. Syed Md. Hyder Ali and others………………Respondents Judgment December 1, 2004. Result: The petition ...... Vs. Syed Md. Hyder Ali and others………………Respondents Judgment December 1, 2004. Result: The petition is dismissed. Lawyers Involved: Fida M. Kamal, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record- For the Petitioner Amir-ul-Islam, Senior ..

Category: Procedural Law | Date: | Hits: 79

Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)

.... Dinajpur Pourashava clearly shows that Rabiul Alam plaintiff No.1 is the owner of the house and the defendant Bidhan Kumar Deb is the occupier thereof. In addition to that Mr. Wahab submits that the Deputy Commissioner Dinajpur having held enquiry into the genuineness of the deed of exchange betwee......fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ......gh Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ......umar was obtained by intimidation, threat and coereion in abnormal situation then prevailing in the country. But on a reference to the Proclamation dated 7th of April, 1979 it appears that Lieutenant General Ziaur Rahman was elected President of Bangladesh under the Constitution held on 3rd June, 19..

Category: Procedural Law | Date: | Hits: 74

Nuvista Pharma Limited Vs. National Board of Reve­nue and others, 2010, 39 CLC (HCD)

....ustoms, Excise and VAT North Commissionerate House, Dhaka will be at lib­erty to encash the bank guarantee. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 132. ......ustoms, Excise and VAT North Commissionerate House, Dhaka will be at lib­erty to encash the bank guarantee. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 132. ...... (Special original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Nuvista Pharma Limited................................Petitioner Vs. National Board of Reve­nue and others...........Respondents Judgment October 27, 2010. Result: The Rule is dischar...... Ajmalul Hossain, QC, Senior Advocate, ABM Siddiqur Rahman Khan, Affan Ahmed Siddiqi and Munnin Chowdhury, Advocates—For the Petitioner. SM Moniruzzaman with Kazi Zinat Haque, Assistant Attorney Generals—For the Respondent No.1. Writ Petition No. 4968 of 2007. (The above judgment has b..

Category: Fiscal/Taxation Law | Date: | Hits: 181

Christian Service Society (CSS) Vs. First Labour Court, Chittagong and others, 2008, 37 CLC (HCD)

....itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ......itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ......original Jurisdiction) Present: Mirza Hussain Haider J Mamnoon Rahman J Christian Service Society (CSS)................................Petitioner Vs. First Labour Court, Chittagong and others................Respondents Judgment January 6, 2008. Result: The Rule is mad......itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ..

Category: Labour and Industrial Law | Date: | Hits: 201

Golam Mowla Vs. Abdul Hashem, 2009, 38 CLC (HCD)

....khatian has created cloud in the title and possession of the plaintiff over suit land. Having learned about the wrong MRR Khatian on 2-3-1981 the plaintiff preferred appeal in the Court of additional Deputy Commissioner, Revenue but the defendant No. 1 fraudulently concealed the said appeal and thus......judgment and decree of trial Court are restored and thereby, the suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 85. ...... of 2003. Judgment Md. Momtazuddin Ahmed J. - The Rule has been issued at the instant of the heirs of Golam Mowla defendant of the suit on the following terms: "Let the records be called for and a Rule be issued calling upon the opposite party No.1 to show cause as to why the judgment and d......judgment and decree of trial Court are restored and thereby, the suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 85. ..

Category: Property Law | Date: | Hits: 88

Abdur Rahman Vs. Md. Abdul Awal and others, 2009, 38 CLC (HCD)

....nvolved: Abu Bakar Siddique, Advocate - For the Petitioner. Anisul Haque, Advocate with Ramzan Ali Shikder and Abu Khaled-al-Mamun, Advocates - For Opposite Party No. 1. Zahirul Hoque Zahir, Deputy Attorney General - For Opposite Party No. 2. Criminal Miscellaneous Case No. 560 of 2006. ......in Criminal Revision No. 13 of 2005 affirming those passed by the trial Court is hereby upheld. Send down the lower Courts records. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 80. ...... ......Bakar Siddique, Advocate - For the Petitioner. Anisul Haque, Advocate with Ramzan Ali Shikder and Abu Khaled-al-Mamun, Advocates - For Opposite Party No. 1. Zahirul Hoque Zahir, Deputy Attorney General - For Opposite Party No. 2. Criminal Miscellaneous Case No. 560 of 2006. Judgment M..

Category: Criminal Law | Date: | Hits: 122

Commissioner of Income Tax and others Vs. M/S. Allynagar Tea Co. Ltd. and other, 1977, 6 CLC (AD)

....le Taxation between Pakistan and the United Kingdom. The result is that all these appeals are dis­missed with no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119.......le Taxation between Pakistan and the United Kingdom. The result is that all these appeals are dis­missed with no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119.......o costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119.......le Taxation between Pakistan and the United Kingdom. The result is that all these appeals are dis­missed with no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119...

Category: Fiscal/Taxation Law | Date: | Hits: 143

Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)

....fining Company Ltd. Vs. Irving, (1905) Appeal Cases 369. Lawyers Involved: Ahmed Sobhan, Senior Advocate, instructed by Aminul Huq, Advocate-on-Record-For the appellant. Sultan Hossain Khan, Deputy Attorney Gene­ral, instructed by S.S. Huda, Advocate-on- Record-For the Respondent. Crimi......e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112....... Case is also Reported in: 30 DLR (AD) (1978) 112.......Tribunal having taken cognizance of the offences on the said charge-sheet acted with­out jurisdiction. 4. In reply to the argument advanced by ap­pellant’s Counsel, the learned Deputy Attorney-General argued that if the offences in respect of which the charge-sheet has been submitted against ..

Category: Criminal Law | Date: | Hits: 76

Government of Bangladesh and others Vs. G. M. M. Mizanuar Rahman Bhuiyan and others, 2011, 40 CLC (AD)

....) Md. Omar Khayum and others....................Respondents (In Civil Petition No.1798 of 2010) Order August 9, 2011. Result: Leave is granted. Lawyers Involved: Rajik-Al-Jalil, Deputy Attorney General instructed by B. Hossain, Advocate-on-Record—For the Petitioners (In all t...... file con­cise statement within 6(six) weeks and 1(one) week thereafter the respondent shall file concise statement to make the appeal ready. Ed. This Case is also Reported in: 9 ADC (2012) 381....... Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh, repre­sented by Secretary, Ministry of Education, Bangladesh Secretariat, Ramna, Dhaka and others...........................Petitioners (In all the cases) Vs. G. M. M. Mizanuar Rahm......ayum and others....................Respondents (In Civil Petition No.1798 of 2010) Order August 9, 2011. Result: Leave is granted. Lawyers Involved: Rajik-Al-Jalil, Deputy Attorney General instructed by B. Hossain, Advocate-on-Record—For the Petitioners (In all the cases). Ab..

Category: Employment/Service Law | Date: | Hits: 133

Md. Hanifuddin and another Vs. Abdul Mannan and others, 2012, 41 CLC (AD)

..... 2. The relevant facts necessary for dispos­al of these civil petitions for leave to appeal, in short, are as follows:- One Hajee Abdul Majid filed Other Class Suit No.113 of 1995 against the Deputy Commissioner, Mymensingh and some other persons for declaration of title and confirmation of ......Court in accor­dance with Rules. The parties are directed to maintain status-quo in respect of the suit land till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 372.......ision (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Hanifuddin and another..................Petitioners (In Civil Petition No. 2512 of 2009) Hajee Abdul Majid........Court in accor­dance with Rules. The parties are directed to maintain status-quo in respect of the suit land till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 372...

Category: Property Law | Date: | Hits: 68

Bangladesh Sugar and Food Industries Corporation and others Vs. Md. Shamsuddin Sheikh, 2011, 40 CLC (AD)

.... judgment and order dated 20.05.2010 passed by the High Court Division in Writ Petition No.6790 of 2005 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 368....... judgment and order dated 20.05.2010 passed by the High Court Division in Writ Petition No.6790 of 2005 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 368....... ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abdul Wahhah Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Bangladesh Sugar and Food Industries Corporation and others....................Petitioners Vs. Md. Shamsuddin S......e case, in brief, are that the writ petitioner, respondent herein, joined Bangladesh Sugar and Food Industries Corporation on 18.03.1978 as Assistant Chemist and worked in various places including as General Manager (Factory) in Rangpur Sugar Mills at Mohimagonj of Gaibanda. On 31.03.2004 personnel ..

Category: Employment/Service Law | Date: | Hits: 180

Bangladesh Bank and another Vs. Sukamal Sinha Choudhury and another, 2011, 40 CLC (AD)

.... Bangladesh Bank as Statistical Officer on 14.02.1979 in the Specialized Department and subsequently he was transferred to the General Side as Assistant Director. Later he was promoted to the post of Deputy Director on 31.08.1987 and thereafter to the post of Joint Director on 06.05.1991 and to the ......ted earlier be extended till disposal of the appeal. This interim order shall not effect in any way retirement benefit of the respon­dent. Ed. This Case is also Reported in: 9 ADC (2012) 218.......b Miah J Nazmun Ara Sultana J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Bangladesh Bank represented by its Governor, Bangladesh Bank Bhaban (Head Office), Motijheel C/A, Dhaka and another……………………………………....Petitioners Vs. Mr. Sukamal Sinha Cho......e present respondent No.1 filed the above mentioned writ petition impugning the Administrative Circular No.10 dated 30.04.2005 issued by the respondent No.3 making policy for promotion to the post of General Manager. 3. The writ petitioner's case, as stated in the writ petition, is that the writ ..

Category: Employment/Service Law | Date: | Hits: 211

National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 22 CLC (AD)

....……………………………………..Respondent Judgment January 21, 2003. Result: The appeal is allowed. Lawyers Involved: A. F. Hassan Ariff, Attorney General (Borhanuddin, Deputy Attorney General with him), instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Appell...... judgment with reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ......also Reported in: ......ustafizur Rahman…………………………………………..Respondent Judgment January 21, 2003. Result: The appeal is allowed. Lawyers Involved: A. F. Hassan Ariff, Attorney General (Borhanuddin, Deputy Attorney General with him), instructed by Md. Sajjadul Huq, Advocate-on..

Category: Fiscal/Taxation Law | Date: | Hits: 140