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Hafizuddin Ahmed Vs. M Aslam Miah & others, 2002, 31 CLC (HCD)
....ce. Let a copy of this judgment and order be sent to opposite party No. 5, the Administrator of Waqfs for his perusal and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 95.......conclusion of the trial Court that the suit at the instance of the plaintiff was not maintainable under section 42 of the Specific Relief Act. 10. Secondly, he submitted that in the absence of any power whatsoever to transfer in the waqfdeed, the transfer of the waqf property by the mutawalli w...... 22.5 decimals fully described in schedule-Ka is a Waqf property and that two deeds of sale dated 08‑06‑85 executed and registered by defendant No. 2 transferring 15 decimals out of the suit land to defendant No. 1 is collusive, fraudulent, without consideration and void. The plaint case, in sho......ce. Let a copy of this judgment and order be sent to opposite party No. 5, the Administrator of Waqfs for his perusal and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 95...Category: Trust/Waqf Law | Date: | Hits: 228
Uzzal alias Elias Hossain Vs. State, 2006, 35 CLC (HCD)
....in and to be paid to the informant Abdul Mannan, the father of the victim, as compensation. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 505.......ted that the presence of the leaders of the Awami League at the house of the victim could not have any effect on the fate of the case, since in the year 2002 Bangladesh Nationalist Party (BNP) was in power, Moreover, he submitted, there is nothing on record to show that Uzzal was a member of the BNP......R (36) 1949 Allahabad 291; SM Qamruzzaman vs. State 33 DLR 156; Balaka Singh vs. State of Punjab, AIR 1975 (SC) 1962; Ghulam vs. State, 1983 PCrLJ 196. Lawyers involved: Golam Kibria, Deputy Attorney-General with Md. Jamil Akkter Elahi, Assistant Attorney-General—For the State. Md. A......in and to be paid to the informant Abdul Mannan, the father of the victim, as compensation. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 505...Category: Criminal Law | Date: | Hits: 35
HP Cold Rolling Mills Ltd. Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
....ne fund to be known as the Consolidated Fund. (2) All other public moneys received by or on behalf of the Government shall be credited to the Public Account of the Republic. 23. In the financial summary at page 3 of the Consolidated Fund of the annual budget of the relevant year produ......not be entitled to such drawback if he fails to claim drawback within six months as explained there under of the date of export of the exportable goods and services. 18. Sub-section (1 Ka) empowers the government to fix the rate of duty or tax of drawback. Subsection (2) entitles the ex......07. Case Referred To- Zaminur Rahman vs Bangladesh, 31 DLR (AD) 171 . Lawyers involved: Mahmudul Islam with MA Hannan, Advocates—For the Petitioner. Salauddin Ahmed, Additional Attorney-General with Nahid Mahtab, Deputy Attorney-General, Sathika Hossain Advocate—For the Respon......tual export of the finished goods as drawback expeditiously, preferably within two months of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 483...Category: Fiscal/Taxation Law | Date: | Hits: 93
Mohsina Rahman alias Jaya Vs. Abdul Majid and others, 2001, 30 CLC (HCD)
....ugned Award as Rule of Court. 16. Mr. Bakhtear Hossain further submits that Court below committed error of law in rejecting the petition inasmuch as the same would cause unnecessary harassment and financial hardship to the petitioner and hence the error has resulted in, error in the decision occa......the Miscellaneous Case No. 34 of 1998 and Title suit No. 142 of 1998 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 138. ......— For the Opposite Parties. Civil Revision No. 2609 of 1999. Judgment NK Chakravartty J.- This Rule at the instance of the defendant/petitioner was issued calling upon the opposite parties to show cause as to why the impugned order dated 16-5-99 passed by the Subordinate Judge, 5th Court,......the Miscellaneous Case No. 34 of 1998 and Title suit No. 142 of 1998 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 138. ..Category: Civil Law | Date: | Hits: 77
.... 21 of 2006 is set aside and the opposite party No. 1 is at liberty to file revisional application in the relevant court if so desires.
Ed.
This Case is also Reported in: 59 DLR (2007) 470.
......g the plaintiff-petitioner No. 2, Nasrul Hamid, as her Attorney authorising him to take necessary steps in respect of transfer of the suit land and handed over all original documents to him; that the power of attorney in favour of the plaintiff-petitioner No. 1 was approved by RAJUK on 21-12-2000 an......g an application for temporary injunction under Order XXXIX, rule 1 and 2 of the Code of Civil Procedure restraining the defendant-opposite party No. 1 from making any transfer of the suit properties to anybody else and from dispossessing the plaintiffs-petitioners from the suit properties till disp...... 21 of 2006 is set aside and the opposite party No. 1 is at liberty to file revisional application in the relevant court if so desires.
Ed.
This Case is also Reported in: 59 DLR (2007) 470.
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Category: Property Law | Date: | Hits: 34
Mark Builders Limited Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....r observations. Let a copy of this order be also sent to the Chairman of the National Board of Revenue for guidance and proper action. Ed. This Case is also Reported in: 59 DLR (2007) 463....... compliance of the requirements as a matter of course and/or for the sake of compliance only. 13. Under sub-section (4) of section 35 of the Ordinance, the Deputy Commissioner of Taxes has got power to compute the income on such basis and in such manner as he thinks fit only where (a) no meth......be also sent to the Chairman of the National Board of Revenue for guidance and proper action. Ed. This Case is also Reported in: 59 DLR (2007) 463.......r observations. Let a copy of this order be also sent to the Chairman of the National Board of Revenue for guidance and proper action. Ed. This Case is also Reported in: 59 DLR (2007) 463...Category: Fiscal/Taxation Law | Date: | Hits: 99
Iqbal Hossain Mollah Vs. Director, Plant Protection Wing and others, 2006, 35 CLC (HCD)
....led on behalf of the petitioner in accordance with law expeditiously. Communicate the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 458.......of table potatoes from India. Accordingly, he applied to the respondent No. 1 for issuance of import permit under Rules 3 and 5 of the Destructive Insects and Pests Rules, 1966 framed pursuant to the powers delegated to the Government under section 3 of the Destructive Insects and Pests Act, 1914. T......inal Jurisdiction) Present: Md. Muzammel Hossain J Zubayer Rahman Chowdhury J Iqbal Hossain Mollah………………………………………………………Petitioner Vs. Director, Plant Protection Wing and others……………………Respondents Judgment January 4, 2......led on behalf of the petitioner in accordance with law expeditiously. Communicate the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 458...Category: Business or Commercial Law | Date: | Hits: 219
Major Monjur Quader(Retd.) Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)
....ocate appearing with Mr. Md. Zafarullah Chowdhury and Ahsanul Karim, Advocates on behalf of the petitioner, submits that section 27 Kaka of the Bank Companies Act, 1991 requires every bank and/or financial institution to send names of their defaulter borrowers (খেলাপী ঋন গ্......o. 60220 is hereby declared to have been made without lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 451....... No. 1. Abdullah Al Mamun, Advocate—For Respondent Nos. 3& 4. Writ Petition No. 3931 of 2001. Judgment Tariq-ul-Hakim J.- This Rule Nisi has been issued calling upon the respondents to show cause as to why the impugned CIB Report being No. 3(45) 2001-3292 dated 17-4-2001 issued by ......o. 60220 is hereby declared to have been made without lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 451...Category: Banking Law | Date: | Hits: 125
New Zealand Milk Brands Ltd. Vs. Unilac Sanowara (BD) Ltd. & ors., 2005, 34 CLC (HCD)
.... 7-8-2004 is directed to be returned to the learned Advocate for the petitioner. Send down the Records of the Registrar at once. Ed. This Case is also Reported in: 59 DLR (2007) 424. ......mpugned registration. However, the pertinent question is, whether there is any impediment in the impugned registered trademark remaining on the record. Section 46(4) of the Act gives this Court the power to pass an order in terms of section 46(1) and 46(2) of its own motion. The question would be,......or the petitioner. Send down the Records of the Registrar at once. Ed. This Case is also Reported in: 59 DLR (2007) 424. ...... 7-8-2004 is directed to be returned to the learned Advocate for the petitioner. Send down the Records of the Registrar at once. Ed. This Case is also Reported in: 59 DLR (2007) 424. ..Category: Intellectual Property Law | Date: | Hits: 187
Salina Begum Vs. Mojibur Rahman and others, 2006, 35 CLC (HCD)
....charged without any order as to the costs. Lower Court's record be sent down at once with a copy of the judgment Ed. This Case is also Reported in: 59 DLR (2007) 420; 13 MLR (HCD) (2008) 58. ......'s below further observed that the suit land is vague and indefinite, as such, the suit of the plaintiff is liable to be dismissed. 13. By now the settled principle of law in exercising revisional power under section 115(1) of the Code of Civil Procedure has been laid down in several judicial pro......………….Petitioner Vs. Mojibur Rahman and others……………………………Opposite Parties Judgment June 19, 2006. Result: The Rule is discharged without any order as to the costs. The concurrent findings of fact should not be disturbed unless it is manifestly pe......charged without any order as to the costs. Lower Court's record be sent down at once with a copy of the judgment Ed. This Case is also Reported in: 59 DLR (2007) 420; 13 MLR (HCD) (2008) 58. ..Category: Property Law | Date: | Hits: 40
Samiran Haider and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....iction we are not inclined to go into their merits. Accordingly, these Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 410. ......00.292.2000 (Part-1) dated 28-1-2002 issued by the Director General, Prime Minister's Office purporting to terminate 17 Deputy Assistant Directors (Probationers) from service in alleged exercise of power under Rule 6(2)(a) of the Gazetted Officers (National Securities Intelligence) Recruitment Rul......n of India AIR 1997 SC 1125. Lawyers involved: Amirul Islam with Dr. S Shirin Chowdhury Advocates —For the Petitioners (In all the Writ Petitions). Adilur Rahman Khan, Deputy Attorney-General with Karuna Moy Chakma, Deputy Attorney-General—For Respondent No. 1 (In all the Wr......iction we are not inclined to go into their merits. Accordingly, these Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 410. ..Category: Employment/Service Law | Date: | Hits: 107
Barrister Md. Rafiqul Islam Mia Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....ia, that the above named accused persons in collaboration with each other misused their power and allotted 9 kathas and 24 square feet of land in exchange of 3 kathas of land in Uttara Model Town for financial benefit of Taka 47 lac. Thereafter, on the basis of the said FIR Motijheel PS case No. 103......egal effect and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The petitioner was a former Member of Parliament. He served as Minister for Labour and Manpower and thereafter as a Minister for Public Works during the reign of Bangladesh Nationalist Party...... Tariq-ul-Hakim J Afzal Hossain Ahmed J Barrister Md. Rafiqul Islam Mia………………….. Petitioner Vs. Government of Bangladesh and others……..Respondents Judgment October 18, 2006. Cases Referred To- Syed Mustafizur Rahman vs. State 53 DLR 125; Abdul Hakim v...... contained in Annexure-C is declared illegal and without lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 407. ..Category: Anti-Corruption Laws | Date: | Hits: 140
Mahbub-ur-Rahman Chowdhury Vs. DG, Bureau of Anti-Corruption and others , 2007, 36 CLC (HCD)
.... In the result, the Rule is discharged without any order as to the cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 403. ......appearing on behalf of the petitioner, submits that the impugned notice issued by the respondent No. 2 Annexure-B is without jurisdiction and the Deputy Director of Bureau of Anti-Corruption is not empowered to issue any such notice as contemplated under section 4( 1) of the Act 26 of 1957. Because ....... Bangladesh 52 DLR 503 and Mustafizur Rahman vs. DG, Anti-Corruption 2 BLC 605. Lawyers involved: AKM Faiz with HS Deb Brahman, Advocates—For the Petitioner. Zaman Akhter Bulbul, Deputy Attorney-General with AKM Salahuddin Khan and Rubaiyat Hossain, Assistant Attorneys-General—For the ...... In the result, the Rule is discharged without any order as to the cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 403. ..Category: Anti-Corruption Laws | Date: | Hits: 150
Syed Salahuddin Ahmed Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
.... 15. The above judgment also quoted from another judgment reported in AIR 1972 SC 1816 as under: "The Government is the guardian of the finances of the State. It is expected to protect the financial interest of the State. Hence, quite naturally, the legislature has empowered the Governmen......ily at its sweet will and, like a private individual, deal with any person it pleases, but its action must be in conformity with standard or norm which is not arbitrary, irrational or irrelevant. The power or discretion of the Government in the matter of grant of largess including award of jobs, con...... Lawyers involved: Md. Ozair Farooq with MNA Afgani and Sk. Md. Morshed, Advocates—For the Petitioner. SM Monir, Advocate—For Respondent No. 7. Zaman Akhter Bulbul, Deputy Attorney-General— For Respondent No. 6. Writ Petition No. 3681 of 2003. Judgment ......y each of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs and the Ministry of Communication. Ed. This Case is also Reported in: 59 DLR (2007) 388. ..Category: Constitutional Law | Date: | Hits: 200
Bangladesh Film Development Corporation Vs. Chairman, Labour Court & another, 2007, 36 CLC (HCD)
....discharged. The stay order passed at the time of issuance of these Rules is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 379. ...... employed mainly in a managerial or administrative capacity; or (ii) who, being employed in a supervisory capacity, exercises, either by nature of the duties attached to the office or by reason of power vested in him, functions mainly of managerial or administrative nature". 23. Respondent No.......………………Respondents [In all the Writ Petitions] Judgment February 26, 2007. Cases Referred To- Film Development Corporation vs. Chairman, Labour Court, 49 DLR 396; Managing Director, Sonali Bank vs. Md. Jahangir Kabir Molla, 48 DLR 395. Lawyers involved: Md. Saidur Rahman......discharged. The stay order passed at the time of issuance of these Rules is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 379. ..Category: Labour and Industrial Law | Date: | Hits: 181
Bonlac Foods Ltd. Vs. Unilac Sanowara (BD) Ltd. & another, 2005, 34 CLC (HCD)
....ty for costs may be returned to the learned Advocate appearing on behalf of the petitioner. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 332. ......he claim of Sanowara that Bonlac has acquiesced to the applicant's use of the trademark and its claim that the petitioner is not a person aggrieved, I am inclined to hold the view that this Court has power under section 46(4) to act where the application has been filed on a misrepresentation of fact...... on behalf of the petitioner. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 332. ......ty for costs may be returned to the learned Advocate appearing on behalf of the petitioner. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 332. ..Category: Intellectual Property Law | Date: | Hits: 199
Bhaskar Chakraborty Vs. State, 2006, 35 CLC (HCD)
.... accused petitioner is directed to appear before the trial Court to face trial. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 325. ......pal is only entitled to realise that amount through civil proceeding and upon such stand the accused petitioner has approached to the discretionary jurisdiction of this court available under inherent power, recognised by the legislature under the Provision of section 561A of the Code of Criminal Pro......- Dewan Obaidur Rahman vs. State 1999 BLD (AD) 128 = 4 BLC (AD) 167. Lawyers involved: Shakila Rowshan, Advocate—For the Accused-Petitioner Shamim Ara Dora, Assistant Attorney-General—For the State-Opposite Parties. Criminal Miscellaneous Case No. 1238 of 2001...... accused petitioner is directed to appear before the trial Court to face trial. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 325. ..Category: Criminal Law | Date: | Hits: 81
Eskayef Bangladesh Ltd. Vs. Commissioner of Taxes, 2004, 33 CLC (HCD)
....er of Taxes, Circle-75, Zone-7, Dhaka (hereinafter referred to as the DCT) assessed the total income of the assessee at Taka 1,04,13,331 against the disclosed profit of Taka 23,27,338 during the said financial year. 4. The applicant being aggrieved by the assessment order of the DCT preferred......and against the Department but other costs mentioned in the said question are answered in the affirmative. No order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 308. ......, CIT West Bengal-II vs. Kanan Devan Hills Product Company Ltd ITR, 119, 431; CIT vs. Tecalmit (Hind) Ltd. ITR, 137,285; United Commercial Bank Ltd vs. Commissioner of Taxes 20Q2 BTD 73; Pfizer Laboratories (Bangladesh) Ltd. vs. Commissioner of Taxes 2002 BTD 57 = 9 BLC 674; Commissioner of Taxes vs......and against the Department but other costs mentioned in the said question are answered in the affirmative. No order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 308. ..Category: Fiscal/Taxation Law | Date: | Hits: 64
Aminul Haque Shamim (Md) Vs. Government of the People's Republic of Bangladesh, 2003, 32 CLC (HCD)
....airs of the Republic. In view of the discussion made above the application appears to have no substance and hence is rejected summarily. Ed. This Case is also Reported in: 55 DLR (2003) 90. ......ewspaper or a news agency, an editor or a journalist working therein, including the name of such newspaper, news agency, editor or journalist. (3) Nothing in sub‑section (1) shall be deemed to empower the Council to hold an inquiry into any matter in respect of which any proceeding is pending i...... direction upon the respondents Nos. 1 and 2, Government of Bangladesh represented by Secretary, Ministry of Information and Secretary, Ministry of Law and Parliamentary Affairs respectively be given to frame guidelines involving right to reputation as guaranteed under Article 31 in consonant with A......airs of the Republic. In view of the discussion made above the application appears to have no substance and hence is rejected summarily. Ed. This Case is also Reported in: 55 DLR (2003) 90. ..Category: Constitutional Law | Date: | Hits: 213
Md. Abdul Khaleque and another Vs. Manik Chandra Sheel and others, 2010, 39 CLC (AD)
....n a joint mess with the plaintiffs Manik Chandra Sheel and Ram Chandra Sheel both sons of Norendra Nath Sheel, bother of Monmohon Sheel. The defendant No.2 has passing her life peacefully without any financial hardships. Rather, her life passes very comfortably having sufficiency in food, cloth and ......of the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is Reported in: 16 MLR (AD) 2011, 16. ...... M. Shahidul Huq, Advocate-on-Record- For the Petitioners. Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent Nos.1 and 2. Not represented- Respondent Nos. 3-4. Civil Petition for Leave to Appeal No.1749 of 2009. (From the judgment and order dated the 2nd day of June, 2009 passed by......of the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is Reported in: 16 MLR (AD) 2011, 16. ..Category: Property Law | Date: | Hits: 29
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