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Md. Rafiqul Islam Faruque Vs. Government of Bangladesh, repre­sented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, and others, 2009, 38 CLC (AD)

....structed by Abu Siddique, Advocate-on-Record-For Respondent No. 2. Not repre­sented-Respondent Nos. 1, 3-4. Civil Petition for Leave to Appeal No. 1896 of 2008. (From the Judgment and order dated 22.09.2008 passed by the High Court Division in Writ Petition No.7430 of 2008) Judgment ......r Rahman, the learned Advocate-on-Record, failed to dislodge this finding of the High Court Division. Accordingly, this petition is dismissed. This Case is also Reported in: VIII ADC (2011) 439. ......r Rahman, the learned Advocate-on-Record, failed to dislodge this finding of the High Court Division. Accordingly, this petition is dismissed. This Case is also Reported in: VIII ADC (2011) 439. ..

Category: Procedural Law | Date: | Hits: 76

Abu Syed Khan Vs. Humayun Kabir and another, 2011, 40 CLC (AD)

....cate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.2 Not Represented-For Respondent No.1. Civil Petition for Leave to Appeal No.102 of 2010. (From the judgment and order dated 2.7.2009 passed by the High Court Division in First Appeal No. 415 of 2003.) Judgment Su......fectly justified in decreeing the suit. We find no merit in the contention of Mr. Mahbubey Alam. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 436. ......fectly justified in decreeing the suit. We find no merit in the contention of Mr. Mahbubey Alam. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 436. ..

Category: Property Law | Date: | Hits: 73

Government of Bangladesh and others Vs. Ansarul Huq, 2011, 40 CLC (AD)

....eneral, instructed by B. Hossain, Advocate-on-Record- For the Petitioners. Not represented-For the Respondent. Civil Petition for Leave to Appeal No. 42 of 2010. (From the judgment and order dated, 8.11.2009 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No.240 of 2009. ......ith such order of refusing to condone the delay. No point of law is involved in this matter. This petition is accordingly, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 434. ......ith such order of refusing to condone the delay. No point of law is involved in this matter. This petition is accordingly, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 434. ..

Category: Administrative Law | Date: | Hits: 206

M/S. Concord Ready Mix and Concrete Products Ltd. Vs. Tax Settlement Commission and another, 2009, 38 CLC (AD)

....Habibul Islam Bhuiyan, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record- For the Appellant. Ex-parte-the Respondents. Civil Appeal No. 46 of 2002. (From the judgment and order dated the 2nd day of July, 1998 passed by the High Court Division in Writ Petition No.1050 of 1998)......., we find no sub­stance in the submissions of the learned Counsel for the appellant. Accordingly, the Appeal is dismissed in ex-parte. Ed. This Case is also Reported in: VIII ADC (2011) 428. ......, we find no sub­stance in the submissions of the learned Counsel for the appellant. Accordingly, the Appeal is dismissed in ex-parte. Ed. This Case is also Reported in: VIII ADC (2011) 428. ..

Category: Fiscal/Taxation Law | Date: | Hits: 113

Md. Daliluddin and others Vs. Md. Mokarram Hossain, 2011, 40 CLC (AD)

.... A.S.M. Khalequzzaman, Advocate, instructed by Mrs. Shahanara Begum, Advocate-on- Record-For the Respondent. Civil Petition for Leave to Appeal No. 2401 of 2009. (From the judgment and order dated 27.10.2009 passed by the High Court Division in Civil Revision No.352 of 2008). Judgment ...... materials on record and as such no interference is called for. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 421. ...... materials on record and as such no interference is called for. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 421. ..

Category: Property Law | Date: | Hits: 79

Md. Nurul Hussain Vs. Bangladesh Muktijoddhya Kallayan Trust, represented by its Chairman, 88, Motijheel Commercial Area, P.S. Motijheel, Dhaka and others, 2011, 40 CLC (AD)

....ted by Syed Mahbubur Rahman, Advocate -on-Record-For Respondent Nos.1-2. Not represented-Respondent Nos. 3-5. Civil Petition for Leave to Appeal No.1093 of 2010. (From the judgment and order dated 17.02.2010 passed by the High Court Division in First Appeal No.117 of 1998). Judgment S......ral and documentary, and as such no interference is called for. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 410. ......ral and documentary, and as such no interference is called for. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 410. ..

Category: Property Law | Date: | Hits: 82

Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)

....enior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No.1. Not Represented-For Respondent Nos.2-9. Civil Appeal No.203 of 2004. (From the judgment and order dated 16.3.2003 passed by the High Court Division in First Appeal No.507 of 1999.) Judgment Su......merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ......merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ..

Category: Procedural Law | Date: | Hits: 76

State Vs. Kazol, 2011, 40 CLC (HCD)

....mation for person absconding in due compliance with Section 87 of the Code. It is noted further that all the other accused persons were arrested on the same night, i.e., on 30.4.2004, a day after the date of occurrence. In these circumstances the very least that was expected of the Condemned Prisone...... the Druto Bichar Tribunal-2, Dhaka immediately. Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ...... the Druto Bichar Tribunal-2, Dhaka immediately. Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 106

Oriental Bank Ltd. Vs. Federal Insurance Company Ltd., 2010, 39 CLC (HCD)

....ny Limited, a publicly listed company. 2. The facts of this case as ascertained from the material on record is that one Haroon Ferdousi (“the borrower”), Proprietor, Marshal Homes by a letter dated 9.9.2002 requested the Petitioner Bank for a cash credit facility of Taka 6(six) Crore. The Pe......reasons above cited this Court finds no merit in this Application. In the result, this Application is dismissed. There is no order as to costs. Ed. This Case is also Reported in: ......e. It is evident, thereafter, that the Petitioner and the borrower engaged themselves in another exercise at recovery of the dues from the borrower. This is evident in particular in the issuance of a cheque dated 15.7.2007 by the borrower for Taka 7.5 Crore in favour of the Petitioner but payment un..

Category: Company Law | Date: | Hits: 203

Government of the People's Republic of Bangladesh Vs. Subordinate Judge, 4th Court and Arbitrator, Dhaka and Others, 1992, 21 CLC (HCD)

....ey General ‑ For the Petitioner. MG Bhuiyan with Abdur Rashid Gazi, Advocates ‑ For Respondents. Writ Petition No.1521 of 1991. Judgment AKM Sadeque J.- There are two applications one dated 4.7.92 and the other dated 21.7.92 for disposal. The application dated 4.7.92 is for passing a......respect of deceased respondent No.2 Md. Ishaque Miah. The writ application may however be continued to terminate in due process of law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 391.......respect of deceased respondent No.2 Md. Ishaque Miah. The writ application may however be continued to terminate in due process of law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 391...

Category: Alternative Dispute Resolution | Date: | Hits: 213

lqbal Ahmed Quraishi Vs. Bangladesh represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh, Dhaka, 1991, 20 CLC (HCD)

....doned properties published on September, 23, 1986 in Bangladesh Gazette, Extraordinary at page No.9762(1) against serial No.57 under caption: "Name of the areas Gulshan, Dhaka" and Judgment and order dated 26.4.1989 (Annexure‑H) passed by the Court of Settlement in Case Nos. 564 and 575 of 1987 (K......ade without lawful authority and to be 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: 45 DLR (HCD) (1993) 416. ......ade without lawful authority and to be 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: 45 DLR (HCD) (1993) 416. ..

Category: Property Law | Date: | Hits: 86

Bangladesh Atomic Energy Commission Vs. Md. Al-Amin Sarker and others, 2011, 40 CLC (AD)

....d by A.K.M. Shahidul Haque, Advocate-on-Record-For respondent Nos. 1-3. Not represented-Respondent Nos. 4-6. Civil Petition for Leave to Appeal No. 2175 of 2010. (From the judgment and order dated 10.06.2010 passed by the High Court Division in Writ Petition No. 6308 of 2009.) Order N......ed 6.10.2010 passed by the High Court Division in Writ Petition No. 6308 of 2009 be stayed till disposal of the Appeal. Ed. This Case is also Reported in: VIII ADC (2011) 388.   ......ed 6.10.2010 passed by the High Court Division in Writ Petition No. 6308 of 2009 be stayed till disposal of the Appeal. Ed. This Case is also Reported in: VIII ADC (2011) 388.   ..

Category: Employment/Service Law | Date: | Hits: 81

Trade Channel Vs. Collector of Customs, Customs House Chitta­gong and others, 1990, 19 CLC (HCD)

....d by petitioner) should not be declared to be illegal, without lawful authority and of no legal effect and the respondents should not be directed to release the goods covered by the letters of credit dated 11. 10.89 and 4.2.90 as far as it relates to part shipment weighing 736.616 metric tons of mel...... justly if the Bills of Entry have been presented by the petitioner. Let a copy of this order be sent to the Collector of Customs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 127. ...... justly if the Bills of Entry have been presented by the petitioner. Let a copy of this order be sent to the Collector of Customs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 127. ..

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

Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)

....l Revision No.120 of 1992. Judgment Anwarul Haque Chowdhury J. -This is an application under section 439 read with section 435 of the Code of Criminal Procedure and is directed against an order dated 11.1.92 passed by the learned Divisional Special Judge, Dhaka, in Special Case No.7 of 1991 re......of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ......case was instituted by one Puri against the accused BN Kashyap under sections 409 and 407 of the Penal Code alleging that the accused, his close friend had misappropriated a sum of Rs. 28,000.00 upon cheques drawn by him. It was lodged on 26.12.42. On 7.6.43 almost five and half months after Kashyp ..

Category: Criminal Law | Date: | Hits: 125

Muhammadullah and others Vs. Makbul Ahmed and State, 1991, 20 CLC (HCD)

.... Persons did not comply with the direction of the Umpire‑ the Umpire referred the matter to the learned Subordinate Judge, 3rd Court, Dhaka in Arbitration Case No.710 of 1985 and the Court by order dated 31.8.86 made the decision of the umpire as the rule of the Court and directed the accused pers......ugned proceeding of the Petition Case No.345 A‑1/89 pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 107. ......ugned proceeding of the Petition Case No.345 A‑1/89 pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 107. ..

Category: Criminal Law | Date: | Hits: 89

Alesuddin Mondal Vs. Md. Toyezuddin Dewan, 1991, 20 CLC (HCD)

.... Civil Revision No.100 of 1988 (Dhaka) Civil Revision No.252 of 1985 (Rangpur) Judgment Syed Fazle Ahmed J.- This Rule calls in question the legality and propriety of the judgment and order dated 29.4.85 passed by the learned Subordinate Judge, Joypurhat, in Misc. Appeal No.9 of 1984 affir......n committed by the Courts below. In the result, the Rule is discharged with cost. The lower Court record be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 105. ......n committed by the Courts below. In the result, the Rule is discharged with cost. The lower Court record be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 105. ..

Category: Property Law | Date: | Hits: 81

Ayub Ali Mohaldar Vs. Md. Shahjahan and others, 1990, 19 CLC (HCD)

....iving rise to the Rule for contempt is that decree holder opposite party contemner No.4 filed Title Execution Case No.1 of 1988 in the Court of the Assistant Judge praying for execution of the decree dated 30.8.87 passed in the said Case No.1 of 1987‑88 by a Village Court ordering to evict the pet......e Rule is made absoluteas against opposite-party contemner No.1 and discharged as against the order opposite-party contemner Nos.2-4. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 101. ......e Rule is made absoluteas against opposite-party contemner No.1 and discharged as against the order opposite-party contemner Nos.2-4. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 101. ..

Category: Criminal Law | Date: | Hits: 84

Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)

....13.2.90 to this Hon'ble Court for confirmation of death sentence passed against the accused No.1 Md. Akhter Hossain alias Babul Akhtar alias Akhtar Ali and No.2 Md. Amir Ali by his judgment and order dated 13.2.90 under Chuadanga Sessions Case No.42 of 1988 convicting them under sections 302/34 of t......nst them. It is directed that the condemned prisoners 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) 83. ......nst them. It is directed that the condemned prisoners 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) 83. ..

Category: Criminal Law | Date: | Hits: 110

MM Enterprise Limited Vs. General Certificate Officer, Collectorate Building, Comilla, 1992, 21 CLC (HCD)

....Branch, Comilla calling upon them to show cause why the Certificate filed in Certificate Case No. 318/86‑87, notice issued under section 10A of the Public Demands Recovery Act of 1913 and the order dated 11.2.88 passed thereunder should not be declared to have been issued or made without lawful au......ed 11.12.88 are without lawful authority and are of no legal effect. The Rule is therefore made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 407.......of the case, Mr. Abdul Wadud Khandaker the learned Advocate appearing for the petitioner has argued that the Public Demands Recovery Act 1913, was enacted for recovery of dues payable to the Public Exchequer, Land Revenue, Income Tax, Customs Duty, Sales Tax, Excise Duty and other taxes payable to t..

Category: Civil Law | Date: | Hits: 99

Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)

...., instructed by Mrs. Mahmuda Begum, Advocate-On-Record-For the Respondent No.3. None Represented- For the Respondent No.4. Civil Review Petition No. 32 of 2011. (From the judgment and order dated 09.02.2011 passed by this Court in Civil Petition for Leave to Appeal No.10 of 2011) Judgme......e Civil Petition which does not merit our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ......e Civil Petition which does not merit our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ..

Category: Civil Law | Date: | Hits: 238