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State vs. Md. Monwar Hossain Dipzol, 2009, 38 CLC (AD)

....ivision in Criminal Miscellaneous Case No. 422 of 2009 quashing the conviction and sentence passed against the convict-respondent Md. Monwar Hossain Dipzol by the Metropolitan Special Tribunal No. 7, Dhaka in Special Tribunal Case No.346 of 2007 and setting the said convict Monwar Hossain Dipzol at ...... Rahman, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 226 of 2009. Judgment BK Das J. - This petition for leave to appeal is directed against the judgment and order dated 26.04.2009 passed by a Division Bench of the High Court Division in Criminal Miscell......ned Additional Attorney General on behalf of the petitioner. Accordingly, this leave petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 171, 16 MLR (AD) (2011) 396. ......ned Additional Attorney General on behalf of the petitioner. Accordingly, this leave petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 171, 16 MLR (AD) (2011) 396. ..

Category: Criminal Law | Date: | Hits: 67

Bangladesh Vs. Goutam Kumar Saha and others, 2009, 38 CLC (AD)

....e. Thus we do not find any substances in the application. Accordingly both the petitions are dismissed without any order as to costs. Ed. This Case is also Reported in: 19 BLT (AD) (2011)169.......ul Amin CJ Mohammad Fazlul Karim J Shah Abu Nayeem Mominur Rahman J BK Das J Bangladesh……………………………………Petitioner (In both the cases) Vs. Goutam Kumar Saha and others……………...Respondents (In Civil Petition No.2382 of 2009) Md. Abdul Gaffar Chow......il) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Shah Abu Nayeem Mominur Rahman J BK Das J Bangladesh……………………………………Petitioner (In both the cases) Vs. Goutam Kumar Saha and others……………...Respondents (In Civil Petition No.2382 of 2009)......e. Thus we do not find any substances in the application. Accordingly both the petitions are dismissed without any order as to costs. Ed. This Case is also Reported in: 19 BLT (AD) (2011)169...

Category: Employment/Service Law | Date: | Hits: 47

Md. Azizul Haque Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)

....panies Act, 1913 which was subsequently nationalized under the Industrial Enterprise (Nationalization) Order 1972 (President's Order No.27 of 1972) and placed under Bangladesh Jute Mills Corporation, Dhaka for supervision, control and co-ordination; that the defendant-petitioner was employed as Assi...... Kumar Agarwal, Advocates………..For the Petitioner. Md. Tufailur Rahman with Jamaluddin Ahmed, Advocates……..For the Opposite Party. Civil Revision No. 2342 of 2004 (From the judgment and decree dated 24.4.2004 passed by the District Judge, Narayangonj in Money Appeal No. 2 of 2002.)......reme Court High Court Division (Civil Revisional Jurisdiction) Present: Sheikh Abdul Awal J M. Moazzam Husain J Md. Azizul Haque........................................Petitioner Vs. Adamjee Jute Mills Ltd................................Opposite Party Judgment August 26......he plaintiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 236. ..

Category: Civil Law | Date: | Hits: 97

Moqbul Ahmed & others Vs. Shoeb Chowdhury & Others, 1990, 19 CLC (HCD)

.... in 40 DLR 517 which is distinguishable on facts from the present case. 6. The law on the point is fairly settled. In the case of Rahim Baksha Gazi & others Vs. Enbar Gazi & others 22 DLR (Dhaka) a Division Bench of the Dhaka High Court pointed out the legal position in & following wo...... Vs. Narayan Biswas & Ors., 40 DLR 517; Rahim Baksha Gazi & Ors. Vs. Enbar Gazi & ors., 22 DLR 500; Ujjal Hossain & ors. Vs. Firoja Khatun & ors., 41 DLR 481; Mohomedally Tyebally and others Vs. Safiabai and others, AIR 1940 PC 215. Lawyers Involved: Mohammadullah with Moha......HCD) (1992) 156.......ion 115 of the Code of Civil Procedure. The application thus merits no consideration and the same is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 156...

Category: Civil Law | Date: | Hits: 93

National Engineers Ltd. Vs. Director, Military Lands and Cantonment Directorate and others, 1991, 20 CLC (HCD)

....t, the petitioner was to pay Tk. 69 lacs in 9 equal annual installments on execution of the said agreement. After execution of the aforesaid agreement the petitioner learnt that the lands were within Dhaka Cantonment and under the administrative control of the Ministry of Defence. It also came to le...... High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Mahmudul Amin Choudhury J National Engineers Ltd.…………Petitioner Vs. Director, Military Lands and Cantonment Directorate and others ……..Respondents Judgment August 27, 1991. Ca...... here. Supreme Court High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Mahmudul Amin Choudhury J National Engineers Ltd.…………Petitioner Vs. Director, Military Lands and Cantonment Directorate and others ……..Respondents Judgmen......ondents in issuing notices? Our answer is in the negative. For the above discussion, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 144. ..

Category: Property Law | Date: | Hits: 92

Taslimuddin alias Tasir and others Vs. State, 1991, 20 CLC (HCD)

....demned Prisoner. SMM Elahi with SA Hasan, Assistant Attorney General with syed Ziaul Karim, Advocates ‑ For the State. Death Reference No.8 of 1988 (Rangpur) Death Reference No.20 of 1991 (Dhaka) Criminal Appeal No.209 of 1988 (Rangpur) Criminal Appeal No.760 of 1991 (Dhaka) Jud......ported in: 44 DLR (HCD) (1992) 136.......vision (Civil Revisional Jurisdiction) Present: Habibur Rahman Khan J Mohammad Abdul Marman J Taslimuddin alias Tasir and 3 Others....................Condemned Prisoners Appellants. Vs. State ……………….… Respondent. Judgment November 13, 1991. Cases Referred ......lias Tasir, Nawshad Ali, Mafazzal Hossain and Abdus Salam be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 136...

Category: Criminal Law | Date: | Hits: 76

A Elahee & Co. Vs. MM Aziz and others, 1991, 20 CLC (HCD)

....mp; Co……………………….Petitioner Vs. MM Aziz and others...…………..Opposite Parties Judgment February 26, 1991. Cases Referred to- PLD 1966 (Karachi) 75, PLD 1952 (Dhaka), 137 and 25 DLR page 418; Ellis Vs. Allen (1914) Chancery Division, 904; Shikharchand Vs. Mst......igh Court Division Appellate Jurisdiction (Civil) Present: Anwarul Haque Chowdhury J Kazi Ebadul Hoque J A Elahee & Co……………………….Petitioner Vs. MM Aziz and others...…………..Opposite Parties Judgment February 26, 1991. Cases Referred to-......eme Court High Court Division Appellate Jurisdiction (Civil) Present: Anwarul Haque Chowdhury J Kazi Ebadul Hoque J A Elahee & Co……………………….Petitioner Vs. MM Aziz and others...…………..Opposite Parties Judgment February 26, 1991. Cas......cordance with law. In the facts and circumstances of the case, there will be no order as to costs. Send down the LC records at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 131...

Category: Civil Law | Date: | Hits: 104

Iqbal Hossain and six others Vs. Chairman, Labour Appellate Tribunal and Others, 2011, 40 CLC (HCD)

.... 2. Rule Nisi was issued calling upon the respondents to show cause as to why it impugned the judgment and order dated 22-7-2010 passed by the respondent No.1, Chair­man, Labour Appellate Tribunal, Dhaka, in Appeal Case No.21/2008 heard analogously along with Appeal Case Nos.22/2008,23/2008, 24/20......Ed. This Case is also Reported in: 16 BLC (2011) 889. ......ourt High Court Division (Special Original Jurisdiction) Present: Abdul Awal J M Moazzam Husain J Iqbal Hossain and six others.......................................Petitioner Vs. Chairman, Labour Appellate Tribunal and Others..............Respondents Judgment Janua...... respondent No.2) are declared to have been passed without lawful authority and is of no legal effect. Send down the LC records at once. Ed. This Case is also Reported in: 16 BLC (2011) 889. ..

Category: Labour and Industrial Law | Date: | Hits: 161

Afrin Akter Vs. Bangladesh and other, 2011, 40 CLC (HCD)

....ighter to be followed as per Government Circular. It has also been mentioned that the office of the Prime Minister by letter dated 5-7-1998 gave direction to the Secretary, Ministry of Establishment, Dhaka to follow the quota strictly and to that effect, directed further the Secretary for pub­lishi......r at once. Ed. This Case is also Reported in: 16 BLC (2011) 884. ......rt Division (Special Original Jurisdiction) Present: Md. Mamtaz Uddin Ahmed J Gobinda Chandra Tagore J Afrin Akter……………………………....................Petitioner Vs. Bangladesh and other............................Respondents Judgment January 18, 2011. ...... the Ministry of Health, respondent No.1, Civil Surgeon-Pirojpur and the concerned Officer of Upazilla-Najirpur, District-Pirojpur at once. Ed. This Case is also Reported in: 16 BLC (2011) 884. ..

Category: Employment/Service Law | Date: | Hits: 91

Sunil Chandra Chowdhury Vs. Elders Limited and another, 2011, 40 CLC (AD)

....m the Trade Mark Registry and filed Trade Mark Application No.1 of 2001 before the High Court Division. On 29-3-2001 a rule was issued on that application call­ing upon the Registrar of Trade Marks, Dhaka and "the company" to show cause as to why the Trade Mark No.C-5707 in Class-29 should not be e......Md. Muzammel Hossain CJ Surendra Kumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Iraman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Sunil Chandra Chowdhury.................................Appellant Vs. Elders Limited and another............b Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Iraman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Sunil Chandra Chowdhury.................................Appellant Vs. Elders Limited and another...............................Respondents Judgment July 20, ......pt of Court and sentencing him to pay a fine of Taka 2,000, in default, to suffer simple imprisonment for 15(fifteen) days be set aside. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 11. ..

Category: Intellectual Property Law | Date: | Hits: 270

Md. Enayetur Rahman and others Vs. The Government of People’s Republic of Bangladesh and others, 2011, 40 CLC (HCD)

....ment of the People’s Republic of Bangladesh and others Vs. Iqbal Hasan Mahamud alias Iqbal Hasan Mahamud Tuku, 60 DLR(AD)(2008) page-147; Ms. Farhad Banu and another Vs. Artha Rin Adalat No.4, Dhaka and others; G.M. Saleh Uddin Ahamed and others Vs. Artha Rin Adalat No.1, Dhaka and others; Ba......n: 64 DLR (HCD) (2012) 116. ......vision (Special Original Jurisdiction) Present: Md. Emdadul Huq J Md. Abu Zafor Siddique J Mr. Md. Enayetur Rahman and others………………………………………petitioners Vs. The Government of People’s Republic of Bangladesh and others…………Respondents Judg......ted earlier by this court stands vacated. Communicate the judgment to respondent No.2 at once. Md. Emdadul Huq J. - I agree. This Case is also Reported in: 64 DLR (HCD) (2012) 116. ..

Category: Civil Law | Date: | Hits: 147

Hemendra Lal Homoeopathic Databya Chikitshalay and another Vs. The Administrator General and Official Trustee, 1991, 20 CLC (HCD)

....jection was turned down by respondent opposite party No.2 by his order dated 19.11.91 and an appeal therefrom being Appeal Case No.82 of 1981 was also dismissed by the Additional Deputy Commissioner, Dhaka Division by his judgment and order dated 28.12.83 against which the Misc. Appeal No.8 of 1984 ......Reported in: 45 DLR (HCD) (1993) 512. ......12. ...... Manikganj on 10.6.87 in Trust Act Case No.1 of 1986 was illegal and is therefore set aside. In the result, the appeal is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 512. ..

Category: Trust/Waqf Law | Date: | Hits: 183

Bangladesh Service Limited Vs. The Commissioner of Taxes, Dhaka (North) Zone, Dhaka, 1992, 21 CLC (HCD)

....993) 510. ......he Act on the ground that as the applicant only became the owner of the property in 1973 but the depreciation under section 10(2)(vi) was only allowable with effect from the assessment year 1974‑75 and not prior to that ? (III) Whether the Tribunal in deciding the question of depreciation under......diction) Present: AM Mahmudur Rahman J Syed JR Mudassir Hosain J Bangladesh Service Limited having its office at Dhaka Sheraton Hotel, 1 Minto Road, Dhaka…………………Applicant Vs. The Commissioner of Taxes, Dhaka (North) Zone, Dhaka....................Respondent Judgmen......answer the question Nos. 4 and 5 in the affirmative and against the assessee. The parties are left to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 510. ..

Category: Fiscal/Taxation Law | Date: | Hits: 139

Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)

....rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96.  ...... Division (Civil Revision Jurisdiction) Present: Hasan Foez Siddique J Jahangir Hossain J Abdur Rahim…………………………………………Petitioner Vs. Momotaz Begum and others……………....Opposite parties Judgment July 27, 2011. Cases Referred to- ......t  High Court Division (Civil Revision Jurisdiction) Present: Hasan Foez Siddique J Jahangir Hossain J Abdur Rahim…………………………………………Petitioner Vs. Momotaz Begum and others……………....Opposite parties Judgment July 27, 2011. ......rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96.  ..

Category: Limitation Law | Date: | Hits: 219

Md. Nazimuddin Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)

....tioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 2001 of 2009. (From the judgment and order dated 26.07.2009 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No.186 of 2003). Judgment Syed Mahmud Hossain J. - This civil petition for le......ahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Nazimuddin……………………………………………………….Petitioner Vs. Government of Bangladesh and others…………………..Respondents Judgment August 25, 2011. Cases Referred to- ...... Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Nazimuddin……………………………………………………….Petitioner Vs. Government of Bangladesh and others…………………..Respondents Judgment August 2......t the case before the Administrative Tribunal was barred by limitation. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 10. ..

Category: Administrative Law | Date: | Hits: 196

Jiban Bima Corporation and another Vs. A.K.M. Harun-Or-Rashid and others, 2011, 40 CLC (AD)

.... petition, are that the writ petitioner was born on 30.11.1946 and passed his matriculation examination from Bhaberchar Wazir Ali H.E. School under the East Pakistan Higher Secondary Education Board, Dhaka in 1961. At the time of registration of his name in the school records his date of birth was w......zammel Hossain CJ Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Momtazuddin Ahmed J Md. Shamsul Huda J Jiban Bima Corporation and another……………………..Appellants Vs. A.K.M. Harun-Or-Rashid and others………......zmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Momtazuddin Ahmed J Md. Shamsul Huda J Jiban Bima Corporation and another……………………..Appellants Vs. A.K.M. Harun-Or-Rashid and others……………………..Respondents Judgment Novembe...... appeal which is accordingly allowed, without however, any order as to costs. The impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: | Hits: 58

Kazi Abdul Awal Zewar Rashid Vs. Dhaka Municipal Corpora­tion and another, 1990, 19 CLC (HCD)

....iction) Present: Anwarul Haque Chowdhury J Kazi Ebadul Hoque J Kazi Abdul Awal Zewar Rashid being dead his heirs Adnan Rashid (Minor) and others …………………Petitioners Vs. Dhaka Municipal Corpora­tion and another ... ..........................Opposite Parties Judgment......rt High Court Division (Civil Revisional Jurisdiction) Present: Anwarul Haque Chowdhury J Kazi Ebadul Hoque J Kazi Abdul Awal Zewar Rashid being dead his heirs Adnan Rashid (Minor) and others …………………Petitioners Vs. Dhaka Municipal Corpora­tion and another ... ...... Jurisdiction) Present: Anwarul Haque Chowdhury J Kazi Ebadul Hoque J Kazi Abdul Awal Zewar Rashid being dead his heirs Adnan Rashid (Minor) and others …………………Petitioners Vs. Dhaka Municipal Corpora­tion and another ... ..........................Opposite Parties J......t his report within fifteen days from appointment. The stay granted earlier is thereby vacated. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 509. ..

Category: Property Law | Date: | Hits: 71

Khapan Bittahin Co-operative Society Ltd. Vs. Nagendra Mahisya Das, Secretary, Nijkurua Matsyajibi Samabaya Samity Ltd. and others, 1991, 20 CLC (HCD)

....l Procedure. 17. On the question of limitation, we find that it has been stated by the petitioner that he came to know of the judgment dated 7.5.91 in Writ Petition No.2551 of 1990 when he came to Dhaka on 6.6.91 and obtained a certified copy on the same day. It was then that he found that respon...... Habibur Rahman J Mainur Reza Chowdhury J Khapan Bittahin Co-operative Society Ltd……………Petitioner Vs. Nagendra Mahisya Das, Secretary, Nijkurua Matsyajibi Samabaya Samity Ltd. and others………………Represented. Judgment December 12, 1991. Cases Referred to- ......Division (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Mainur Reza Chowdhury J Khapan Bittahin Co-operative Society Ltd……………Petitioner Vs. Nagendra Mahisya Das, Secretary, Nijkurua Matsyajibi Samabaya Samity Ltd. and others……â€......Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 502...

Category: Civil Law | Date: | Hits: 87

Commissioner of Taxes Vs. Md. Hasanuzzaman, 1993, 22 CLC (HCD)

....ed in: 45 DLR (HCD) (1993) 500.......ment refers the following question of law for our decision: (1) Whether the Taxes Appellate Tribunal is justified in annulling the assessment. 2. The assessee for the assessment years 1977‑78 and 78‑79 submitted returns of income. Notices under sections 23(2), 22(4) were issued but as the ......Division (Statutory Original Jurisdiction) Present: AM Mahmudur Rahman J Syed JR Mudassir Husain J Commissioner of Taxes, Dhaka (West) Zone, Dhaka…………………..Applicant Vs. Md. Hasanuzzaman……………………Respondent Judgment February 9, 1993. Lawye...... costs. This order shall govern both the reference application Nos. 3 and 4 of 1989. We return the references with the above answer. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 500...

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

Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)

....ers but the same was dismissed. Against that judgment and decree, the plaintiffs of Title Suit No.35 of 1954 filed First Appeal No.40 of 1958 before the erstwhile High Court Division of Judicature at Dhaka. After hearing the parties, the High Court dismissed the appeal affirming the judgment and dec......hmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Nurul Islam Chowdhury…………………………………….Appellant Vs. Morshedul Alam and Others………………………………Respondents Judgment July 20, 2011. Cases Re......hhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Nurul Islam Chowdhury…………………………………….Appellant Vs. Morshedul Alam and Others………………………………Respondents Judgment July......ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ..

Category: Property Law | Date: | Hits: 116