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Mobasher Hossain (Md) and others Vs. Saidur Rahman (Pvt) Ltd. and others, 2002, 31 CLC (HCD)
....he launch ghat at Gazaria where it was in the morning of 8th April, 2002 within seven days from date. There shall be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 51. ......el also, but when the possession of the said vessel was taken from the plaintiffs in defiance of the order of the Court, the proper administration of justice requires that in exercise of its inherent power the defendant ought to be directed to return the vessel to the plaintiffs till hearing of thei......or the Petitioner. Khan Saifur Rahman, Senior Advocate‑ For Respondent No. 1. Admiralty Suit No. 12 of 2001. Judgment A B M Khairul Haque J.- This is an application for an order of mandatory injunction, praying for recovery of possession of the vessel MV. Hemayetuddin M No. 6304 from t......he launch ghat at Gazaria where it was in the morning of 8th April, 2002 within seven days from date. There shall be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 51. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 188
Momena Begum Vs. Dhaka City Corporation and others, 2002, 31 CLC (HCD)
....m the case of Dr. MO Gani Vs. Dr. ANM Mahmood, 18 DLR (SC) 463. Accordingly, the Rule is discharged, however, without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 43.......m the case of Dr. MO Gani Vs. Dr. ANM Mahmood, 18 DLR (SC) 463. Accordingly, the Rule is discharged, however, without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 43.......Rafiqur Rahman with MA Baki, Advocates– For the Respondents. Civil Rule No. 576(R) of 1999 (Contempt). Judgment Syed Amirul Islam J.- This Rule was issued calling upon the opposite parties to show cause as to why a contempt proceeding should not be drawn of conviction and sentence dated 2......m the case of Dr. MO Gani Vs. Dr. ANM Mahmood, 18 DLR (SC) 463. Accordingly, the Rule is discharged, however, without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 43...Category: Property Law | Date: | Hits: 34
Moyezuddin Sikder and ors. Vs. State, represented by the DC, Khulna, 2007, 36 CLC (HCD)
....n with a non-obstante expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. Ed. This Case is also Reported in: 59 DLR (2007) 287. ......007 as amended by SRO No. 30-Ain/2O67, hereinafter referred to as "the said Rules", and submitted that in view of the aforesaid provision of the said Rules this Court is precluded from exercising the power under sections 497 and 498 of the Code of Criminal Procedure. The submission made by the learn......, 17 DLR (SC) 515 and Province of East Pakistan vs. SA Khan 40 DLR (AD) 202 . Lawyers involved: Abdul Matin Khasru, Advocate—For the Petitioners. Salahuddin Ahmed, Additional Attorney-General with Abdur Rouf, Deputy Attorney-General, Golam Mohammad Chowdhury, Deputy Attorney-G......n with a non-obstante expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. Ed. This Case is also Reported in: 59 DLR (2007) 287. ..Category: Criminal Law | Date: | Hits: 50
Abdul Malek (Md) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....ave been passed without lawful authority and the same is of no legal effect. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 59 DLR (2007) 284. ......refore, no doubt that the petitioner entered into a contract with the respondents for supplying fertiliser as a subsidiary of the corpoÂration and the Government authorised it to exercise Government power to deal with fertiÂliser. As such, contract in this case is not an ordinary contract like sup......he petitioner calls in question the legality of the order bearing Memo No. JFCI/BIPINON-27/FMC (Sherpur) 146 dated 13-2Â1997 passed by the General Manager (Commercial) on behalf of the Managing Director, Jamuna FertiÂliser Company Limited, Jamalpur (Annexure-D) cancelling dealership agreement of t......ave been passed without lawful authority and the same is of no legal effect. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 59 DLR (2007) 284. ..Category: Civil Law | Date: | Hits: 74
....le is hereby recalled and vacated.
There is no order as to costs.
Send down the lower Court record at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 270, 26 BLD (HCD) (2006) 634.
......rcumstances, I find that the reasoning arrived at and the decision made by the Court of appeal below do not suffer from any illegality or error of law warranting interference by this Court exercising power under section 115(1) of the Code.
For the reasons stated, I do not find any substance in th......tioners herein) filed Title Suit No. 105 of 1978 against the defendants for declaration of title in the suit land.
3. The case of the plaintiff, in short, is that the suit land originally belonged to Priya Mondal. During his possession, he died leaving 2 minor sons namely, Pagla Mondal and Lalit ......le is hereby recalled and vacated.
There is no order as to costs.
Send down the lower Court record at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 270, 26 BLD (HCD) (2006) 634.
..
Category: Property Law | Date: | Hits: 27
Surajmal Ram Prasad Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....ith our answer in the negative against the Revenue Department and in favor of the applicant. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 59 DLR (2007) 268....... the Taxes Appellate Tribunal was justified to dismiss the appeal before the Appellate Joint Commissioner of Taxes on the ground of limitation only. 13. It is not disputed that sub-section 3 empowers the Appellate Joint Commissioner of Taxes to admit an appeal even after the expiration of spe......s……………………………..Respondent Judgment April 18, 2007. Lawyers involved: Borhan Uddin, Advocate—For the Applicant. Md. Rezaul Islam, Assistant Attorney-General—For the Respondent. Reference Application Nos. 205, 210 of 2002. Jud......ith our answer in the negative against the Revenue Department and in favor of the applicant. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 59 DLR (2007) 268...Category: Fiscal/Taxation Law | Date: | Hits: 63
....ormer post and allow him to continue in service with all attending benefits within 30 days from the date of receipt of copy of this judgment.
Ed.
This Case is also Reported in: 59 DLR (2007) 258.......e order of suspension dated 18-1-2004 and complaint petition dated 27-12-2003 have been marked as Annexure-A, A-(l). Thereafter, on 24-1-2004 a charge was framed against the petitioner in exercise of powers under section 4(1)(3) of the Police Officers (Special Provisions) Ordinance, 1976. The copy o......86; Nurul Islam vs. Bangladesh 33 DLR (AD) 201.
Lawyers involved:
Abdur Rab Chaudhury with Salauddin Dolon and Syeda Anwara Sattar, Advocates—For the Petitioner.
Fida M Kamal, Additional Attorney-General with Adilur Rahman Khan, Deputy Attorney-General with Abdus Samad Kamal, Assistant At......ormer post and allow him to continue in service with all attending benefits within 30 days from the date of receipt of copy of this judgment.
Ed.
This Case is also Reported in: 59 DLR (2007) 258...
Category: Employment/Service Law | Date: | Hits: 67
Nazir Ahmed Vs. Md. Amin Mia and anothers, 2007, 36 CLC (HCD)
....once if he is not wanted in connection with any other case. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 245. ......ouse of informant as tenant and, as such, a cordial relationship grew amongst them. At one stage accused-petitioner along with his wife wanted money from the informant for doing business of importing power milk on condition to pay the profits of business. PW 1 gave cheques of Taka 38,00,000 to the a......esented —the State. Criminal Revision No. 351 of 2006. Judgment Md. Abdul Hye J.- This Rule under section 439 of the Code of Criminal Procedure was issued calling upon the opposite parties to show cause as to why the judgment and order dated 2-8-2005 passed by Metropolitan Additional Sess......once if he is not wanted in connection with any other case. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 245. ..Category: Criminal Law | Date: | Hits: 40
Syed Ziaul Hasan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....tity module (SIM) Card according to the price fixed i.e. Taka 1800. There will be no order as to costs. Ed This Case is also Reported in: 59 DLR (2007) 238, 26 BLD (HCD) (2006) 366. ......, inter alia, that the SRO No. 159 Ain/2005/450/(Mushak) was issued under the provision of VAT Act, 1991 and the Finance Bill 2005 was placed before the Parliament on 9-6-2005 and the Government is empowered to declare some sections of the Finance Bill to be effective from the day of placement of th......adesh Telecom (Pvt) Ltd. vs. Bangladesh T & T Board 48 DLR (AD) 20 . Lawyers involved: Md. Idrisur Rahman with Shamsul Haque, Advocates—For the Petitioners. AJ Mohammad Ali, Attorney-General with Nahid Mahtab, Assistant Attorney-General—For Respondent No. 3. Rafique-u......tity module (SIM) Card according to the price fixed i.e. Taka 1800. There will be no order as to costs. Ed This Case is also Reported in: 59 DLR (2007) 238, 26 BLD (HCD) (2006) 366. ..Category: Fiscal/Taxation Law | Date: | Hits: 131
Moezuddin (Md) Vs. State, 2007, 36 CLC (HCD)
.... Sessions Judge, 1st Court, Pabna according consent to withdraw from the prosecution of the accused-opposite party No. 1 is set aside. Ed. This Case is also Reported in: 59 DLR (2007) 122. ...... 9. The learned Attorney-General has extraneously argued the tenor and scope of section 494, Cr.P.C. The learned Attorney-General submits that while it cannot be said that the Home Ministry has no power to instruct the Public Prosecutor to withdraw from the prosecution of any person "either gener......wyers involved: Bazlur Rahman Chhana with Dr. AKM Akhtarul Kabir, Advocates—For the Petitioner. Munsurul Huq Chowdhury with JEM Hasan, Advocates—For Opposite Party No. 1. Fida M Kamal, Attorney-General with Saifuddin Md. Aminur Rahim, Deputy Attorney-General— For the State. Crimina...... Sessions Judge, 1st Court, Pabna according consent to withdraw from the prosecution of the accused-opposite party No. 1 is set aside. Ed. This Case is also Reported in: 59 DLR (2007) 122. ..Category: Criminal Law | Date: | Hits: 43
Shaherunnessa Vs. Shamsunnahar, 2007, 36 CLC (HCD)
.... the decree of the trial Court decreeing the suits are hereby set aside and both the suits are dismissed. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 217. ......endants were tenants under the plaintiff. The plaintiff did not examine her in support of her case in the suits. Aforesaid Feroz Alam Advocate examined himself as PW 1 on her behalf on the basis of a power of attorney. From 23-9-01 to 13-10-02 he was examined. On the first day of his examination, he......nsation. The suit was then on transfer re-numbered as Suit No. 10 of 2002. 3. Plaint case, in short, is that Mujibor Rahman and Solaiman on 29-1-62 purchased the suit premises, which was described to be a one-storied semi-pucca house in plot No. 705(part) and 706(part) and fully described in the ...... the decree of the trial Court decreeing the suits are hereby set aside and both the suits are dismissed. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 217. ..Category: Property Law | Date: | Hits: 35
Shahella Chowdhury Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
....re shall be deemed to be the income of the assessee for such income year classifiable under the head "Income from other sources". Sub-section (4) of section 19 reads as follows : "Where, in the financial year immediately preceding the assessment year, the assessee has made investments which ar......rdinance, that is, two and half times of the reassessed income. 14. To understand the purport of impugned orders, we need to read certain provisions of the Ordinance. Section 93 of the Ordinance empowers the Deputy Commissioner of Taxes to reassess the total income of an assessee if any income ch......March 28, 2007. Case Referred To- Raghuvanshi Mills Ltd vs. CIT; 1952 22 ITR 484 (SC). Lawyers involved: Mosharraf Hossain, Advocate—For the Petitioner. Md. Rezaul Islam, Assistant Attorney-General—For the Respondents. Writ Petition No. 5143 of 2005. Judgment Md. Abdur Ra......no legal effect; and they are accordingly quashed. Order of stay granted on 23-5Â06 is also recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 213. ..Category: Fiscal/Taxation Law | Date: | Hits: 69
Anti-Corruption Commission Vs. Md. Hasan & others, 2008, 37 CLC (AD)
....ove, we find no subÂstance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2006) 183. ......against her grievance, if any, against the pending proceeding before the competent Court of Criminal Jurisdiction; that notice under Rule 15(ঘ) of the Emergency Power Rules, 2007 is a discretionary power. After issuance of notice under section 26 of the Ain notice under Rule 15(ঘ) does not arise......etitioner. Rafique-ul-Huq, Senior Advocate instructed by Md. Wahidullah, Advocate-on-Record—For the Respondent Nos. 1-2. Not represented—the Respondent Nos. 3-7. Civil Petition for leave to Appeal No. 1432 of 2008. (From the judgment and order dated the 18th day of June, 2008 passed ......ove, we find no subÂstance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2006) 183. ..Category: Anti-Corruption Laws | Date: | Hits: 143
....tore the disputed property to the possession of the petitioner within three months from date.
Mohammad Ismail Uddin Sarker J. - I agree.
Ed.
This Case is also Reported in: 40 DLR (1988) 87.
......tore the disputed property to the possession of the petitioner within three months from date.
Mohammad Ismail Uddin Sarker J. - I agree.
Ed.
This Case is also Reported in: 40 DLR (1988) 87.
......eoÂples’ Republic of BanglaÂdesh, represented by the Secretary, Ministry of Works, Secretariat Building, Dhaka..........................Respondent
Judment
March 31, 1987.
Cases Referred to-
State of Bombay vs. Pandurang Vinayak and others, A.I.R. 1953 (S.C) 244; East End Dwelling C......tore the disputed property to the possession of the petitioner within three months from date.
Mohammad Ismail Uddin Sarker J. - I agree.
Ed.
This Case is also Reported in: 40 DLR (1988) 87.
..
Category: Immigration and Citizenship Law | Date: | Hits: 188
Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)
....on of the judgment is stayed for 4 (four) weeks from date. There will however be no order as to costs. Amirul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 72.......t case we also find that there existed a contractual obligation between the Janata Bank, Bangladesh to reimburse the negotiating Bank namely the Bank of Tokyo for the amount paid upon the irrevocable power of attorney opened by Janata Bank and when the said amount had been negotiated by the Bank of ......irul Islam Chowdhury J Anwarul Hoque Chowdhury J Janata Bank....................Appellant Vs. M/S Ahmedia Garments ..............Respondent Judgment July 8, 1987. Cases Referred to- 33 DLR (AD) 298, AIR 1970 (S.C.) 891, AIR 1981 (S.C.) 1426, AIR 1986 ( S.C.) 1924, AIR 1983 (......on of the judgment is stayed for 4 (four) weeks from date. There will however be no order as to costs. Amirul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 72...Category: Business or Commercial Law | Date: | Hits: 209
M/s. Ayat Ali Bhuiyan & Company Ltd. Vs. Janata Bank, 1987, 16 CLC (HCD)
....decisions between two Courts deciding the same dispute between the same parties and where the disputes are pending in the same Court to avoid multiplicity of litigation and involvement of unnecessary financial hazard by the litigants. In both the suits before us so far as the allegations made in the......bÂservation made above. Therefore, we make Rule abÂsolute in the above terms without any order as to costs. ARM Amirul Islam J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 56.......ahmudur Rahman J M/s. Ayat Ali Bhuiyan & Company Ltd................Petitioner Vs. Janata Bank………………………..Opposite party Judgment July 30, 1987. Cases Referred to: P.P.Gupta vs. East Asiatic Co. 1960 All 184, Mst. Arifa Begum vs. Khulki MoÂhammad Naqbi, 21......bÂservation made above. Therefore, we make Rule abÂsolute in the above terms without any order as to costs. ARM Amirul Islam J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 56...Category: Civil Law | Date: | Hits: 88
Ripon Packaging and Accessories Ltd. Vs. Eastern Bank Ltd. and another, 2001, 30 CLC (HCD)
....ocate appearing on behalf of the defendant-opposite parties bank, submits that the Artha Rin Adalat has been created by special law to deal with the cases of recovering of loan at the instance of the financial institution. The Artha Rin Adalat has its own certain special procedure, and the Artha Rin......aw and both the suits be disposed of as early as possible preferably within 3 (three) months from the date of receipt of the copy of this Judgment. This Case is also Reported in: 54 DLR (2002) 31. ......6 of 1999 rejecting the petitioner’s application under section 24 of the Code of Civil Procedure for transferring the Title Suit No. 153 of 1998 pending in the Court of 5th Subordinate Judge, Dhaka to Subordinate Judge and Artha Rin Adalat No. 3, Dhaka for being heard analogously with Title Suit N......aw and both the suits be disposed of as early as possible preferably within 3 (three) months from the date of receipt of the copy of this Judgment. This Case is also Reported in: 54 DLR (2002) 31. ..Category: Civil Law | Date: | Hits: 73
ASM Shamsul Islam Rashedi Vs. Satellite Fishing Ltd. and others, 2001, 30 CLC (HCD)
....al. But the Finance Director Mr. MA Karim did not submit any accounts to the Board of Directors. The Managing Director gave several notices and reminders on 25-9-95, 8-10-95 and 11-6-95, even then no financial statement to the Board of Directors was given. As a result no Annual General Meeting could......same. The Annual General Meetings were held regularly and none had raised any objection for that matter. 7. It is further stated that under Article 37 of the Articles of Association a Director has power to call an Annual General Meeting. Usually the Managing Director convenes the meeting and serv......n (Original Civil Jurisdiction) Present: KM Hasan J ASM Shamsul Islam Rashedi ………..Petitioner Vs. Satellite Fishing Ltd. and others ………….Respondents Judgment October 17, 2001. Lawyers Involved: Jashim Uddin Ahmed with Shibbir Ahmed, Advocates—For the ......his application under section 233 which is deplorable. In view of the above, this application is dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 28. ..Category: Company Law | Date: | Hits: 220
Gazi Tayebur Rahman Vs. Saikh Md. Ali and others, 2002, 31 CLC (HCD)
....preferably within 3 months from the date of receipt of this order by the lower Court. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 29.......‘11‑95 after obtaining information from the Court came to know about the dismissal order dated 16‑11‑93. 4. Upon hearing the learned Advocates, the learned Assistant Judge in exercise of his power under section 151 of the Code restored the Miscellaneous Case No. 37 of 1993 upon setting asid...... For the Petitioner. Not represented‑ the Opposite Parties. Civil Revisional No. 2699 of 1996. Judgment Md. Abdur Razzaque J.- By this Rule opposite party Nos. 1 and 2 were called upon to show cause as to why the judgment and order dated 21‑4‑96 passed by the learned Assistant Jud......preferably within 3 months from the date of receipt of this order by the lower Court. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 29...Category: Property Law | Date: | Hits: 36
M Mojibul Haque Vs. DG, Bangladesh Bureau of Anti-ÂCorruption & ors., 2001, 30 CLC (HCD)
....n of the said committee, Annexure‑E. The petitioner, however, passed the entire bills of the contractor for the works though the same remained incomplete and defective in view of the fact that the financial year 1998‑1999 was about to expire and a request made to that effect by the contractor a......l Chanda Dwarkadas Morarka Vs. King, AIR (1948) (PC) 82. In the premises, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 24. ......zrul Islam Chowdhury J M Mojibul Haque…………..Petitioner Vs. DG, Bangladesh Bureau of Anti-ÂCorruption & ors……….Respondents Judgment August 9, 2001. Case Referred to- Gakul Chanda Dwarkadas Morarka Vs. King, AIR (1948)(PC) 82. Lawyers Involved: Md. Shami......l Chanda Dwarkadas Morarka Vs. King, AIR (1948) (PC) 82. In the premises, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 24. ..Category: Anti-Corruption Laws | Date: | Hits: 138
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