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Subodh Ranjan and others Vs. State, 1993, 22 CLC (HCD)
....d 12 other BDR personnels went to Monoharpur, Comilla Town and raided the house named 'Lutfa House'. Thereafter the informant along with Battalion Commander, Magistrate and others on search recovered Bangladeshi Taka amounting to 13,95,798.00. Indian money amounting to Rupees 1,124.00 from a steel a......nd they are acquitted of the charges. The accused appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521....... Comilla on 11.10.92 in Special Tribunal Case No.109 of 1991 convicting the accused appellants under section 25B(2) of the Special Powers Act, 1974 and sentencing them to suffer rigorous imprisonment for 10 years and to pay a fine of Taka 5,000.00 each, in default to suffer n0rois imprisonment for 2......nd they are acquitted of the charges. The accused appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521...Category: Criminal Law | Date: | Hits: 75
.... deed the petitioner No.2 Ramendra as a reversionary heir of the settler Sakhi Lal Roy Chowdhury became the succeeding trustee in terms of the provision made in the deed as the only heir available in Bangladesh since the death of the third trustee, namely Profulla Nalini Roy Chowdhurani he has been ...... 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.
......i Lal Roy Chowdhury created a trust of an immovable property by a registered Instrument of Trust executed on 10th April, 1926 corresponding to 27th Chaitra 1332 BS and registered on 19th August, 1926 for the purpose of establishment of a charitable Trust to be named "Hemendra Lal Homocopathic Databy...... 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
....
This Case is also Reported in: 45 DLR (HCD) (1993) 510.
......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.
......160(1) of the Income Tax Ordinance, 1984 the assessee has raised as many as five questions said to have arisen out of the order of the Taxes Appellate Tribunal relating to assessment year 1973‑74 for our decision. Questions 1‑3 relate to claim of depreciation claimed under section 10(2)(vi) of......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
State Vs. Sree Ram Krisna Nath (Ram Babu) and another, 2011, 40 CLC (AD)
....g eight persons, including the principal respondent as accused. Accused Nos. 2-7 were the employees of the principal accused. Accused No. 2-7 were arrested and the recovered alamots were deposited in Bangladesh Bank, Chittagong. The principal accused Sree Krisna Nath surrendered before the High Cour......ompliance of the Court’s order. Let a copy of this judgment alongwith all the records be transmitted also to the Court of Cognizance Magistrate, Chittagong. Ed. This Case is also Reported in: ......ow pending in the Court of Chief Metropolitan Magistrate, Chittagong. 2. Facts of the case, in brief, are as follows: On 11.08.2004 at 3.40 p.m. the District Task Force upon receiving secret information raided the Jewellery Shop called “Nath Jewellers” owned by Sree Ram Krisna Nath (Ram B......ompliance of the Court’s order. Let a copy of this judgment alongwith all the records be transmitted also to the Court of Cognizance Magistrate, Chittagong. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 83
Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)
....udgment July 27, 2011. Cases Referred to- Nizamuddowla Vs. Nurul Islam and ors. 22 DLR 277; Ramizuddin Miah Vs. Jarimunnessa and others, 15 BLD (AD) 52; People’s Republic of Bangladesh vs. Abul Kaiser Chowdhury and others, 37 DLR (AD) 85; Mahabir Prasad Vs. Jage Ram and oth......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. ......ow cause as to why the impugned order dated 17.01.2010 passed by the learned Joint District Judge, 1st Court, Lakshmipur, in Title Suit No. 5 of 2007, should not be set aside. 2. The relevant fact for disposal of the rule, in short, is that one Siddik Ullah instituted Title Suit No. 5 of 2007 in ......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)
....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 25, 2011. Cases Ref......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. ......C 1006. Lawyers Involved: Syed Amirul Islam, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record- For the Petitioner. 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......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)
....was lawful. 5. A Division Bench of the High Court Division upon hearing both the parties and on consideration of the materials on record and taking into account the provisions of the Rule 9 of the Bangladesh Service Rules Part-I made the Rule absolute. 6. Being aggrieved by and dissatisfied wi...... 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: ......ision Bench of the High Court Division in Writ Petition No.2146 of 2003 making the Rule absolute. 2. Mr. A. K. M. Harun-or-Rashid (respondent No.1 herein) filed the Writ Petition No.2146 of 2003 before the High Court Division challenging the Memo No.JIBIK/Ka:Pra:7-600/976/2002 dated 19.02.2002 is...... 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
....the right to appeal, is a substantive right and not a mere matter of procedure, and as such, neither of them is available unless it has been conferred by law. Under Article 105 of the Constitution of Bangladesh the Appellate Division of the Supreme Court has jurisdiction to review its judgment and o...... (1993) 502........
Subrata Chowdhury, Advocate ‑ For the Respondent.
Writ Petition No.5 of 1991.
Judgment
Mainur Reza Chowdhury J.- This is a petition by Khapan Bittahin Co‑operative Society Limited for review of the judgment and order dated 7.5.91 passed by this Court making the Rule absolute Writ......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)
....h the notices issued by Assistant Commissioner of Taxes. The appeals before the Appellate Joint Commissioner of Taxes failed. The assessee preferred second appeal before the Taxes Appellate Tribunal, Bangladesh, Dhaka Division (Bench). The assessee took the ground before the Tribunal that he had no ...... 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.......rence under section 66(1) of the Income Tax Act, 1922, is at the instance of the Commissioner of Taxes, Dhaka (West) Zone, Dhaka. By this reference the department refers the following question of law for our decision: (1) Whether the Taxes Appellate Tribunal is justified in annulling the assessme...... 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
....udur Rahman J
Mahmudul Amin Choudhury J
Yunus Mia (Md.) and others..........................Petitioners
Vs.
The Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh and others.........................Respondents
Judgment
April 28, 1991.
Lawyers ......ion under Article 102 of the Constitution.
In view of our aforesaid discussion, we discharge the Rule without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 498....... Rahman J.- By this Rule Nisi issued under Article 102 of our Constitution the respondents have been called upon to show cause as to why the eviction of the petitioners on 19.8.1985 without providing for alternative plots for their rehabilitation should not be declared to have been passed without la......ion under Article 102 of the Constitution.
In view of our aforesaid discussion, we discharge the Rule without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 498...
Category: Property Law | Date: | Hits: 79
Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)
....e in their judgments. 29. At the outset, it is to be examined whether the appellant can raise any question not covered by the leave granting order. 30. Order XX Rule 5 of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988 provides as under: “The appellant shall not, witho......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. ......The said suit land was, of course, acquired by Md. Putan in benami of his son Ali Hossain on 01.02.1901 but he was the real ostensible owner of the suit land as it was acquired with his own money and for his own benefit. After sometime, landlord Fazal Kabir Khan forcibly dispossessed Md. Putan from ......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
Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)
...., Senior Advocate with Ms. Tania Amir, Advocate instructed by Mrs. Mahmuda Begum, Advocate-on-Record-For Respondent No. 2. None represented-For Respondent Nos.1 & 3-4. Cases Referred to- Bangladesh Chemical Industries Corporation and another Vs. Registrar, Joint Stock Companies and anot......d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ......7 making the Rule absolute. 2. Facts relevant to the disposal of this appeal are that respondent Nos.1 and 2 as petitioners (hereinafter referred to as writ-petitioners) filed the writ petition before the High Court Division challenging the notice bearing Memo No.RJSC2676(1-3)/1 dated 11.10.2007......d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ..Category: Company Law | Date: | Hits: 235
Principal, Fulbaria College, Mymensingh Vs. Md. Helaluddin and Others, 2010, 39 CLC (AD)
.... The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 11, 16 MLR (AD) (2011) 380, 8 LG (AD) (2011) 155, VIII ADC (2011) 941. ...... The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 11, 16 MLR (AD) (2011) 380, 8 LG (AD) (2011) 155, VIII ADC (2011) 941. ...... respondent No.1, (writ petitioner) a teacher of Fulbaria College, Mymensingh instituted Writ Petition No.3746 of 2003 in the High Court Division seeking a declaration to the effect that the decision for demotion of the writ petitioner by the writ respondents to the post of lecturer from the post of...... The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 11, 16 MLR (AD) (2011) 380, 8 LG (AD) (2011) 155, VIII ADC (2011) 941. ..Category: Employment/Service Law | Date: | Hits: 204
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....ivision (Special Original Jurisdiction) Present: Mohammad Ismail Uddin Sarker J Badrul Islam Chowdhury J Professor Golam Azam…………………..Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment August 12, 1992. Result: The ......, and I think rightly, that in that case the discretion of Cane Commissioner under the relevant Act was not unfettered but it was conditioned that he should consult the Factory and the Co‑operative Society and further that his order was subject to an appeal to the State Government and this was pro...... University Students Union wherein he played a very vital role in the Bengali Language Movement and as the General Secretary of the Dhaka University Students Union; the petitioner read a memorandum before the then Prime Minister of Pakistan on the 27th of November, 1948 at the Gymnasium ground of th......ed in Bangladesh, the petitioner is a citizen of Bangladesh by birth from the date of coming of Bangladesh into existence on 26.3.71 according to the provisions of the Bangladesh Laws Continuance and Enforcement Order 1971, Bangladesh (Adaptation of Existing Laws) Order 1972 (PO 48 of 1972), the Cit..Category: Immigration and Citizenship Law | Date: | Hits: 343
Safar Ali Miah & others Vs. Badsha @ Siddique & others, 1993, 22 CLC (HCD)
....ned is directed to proceed with the execution case. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 483. ......ned is directed to proceed with the execution case. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 483. ......ammad Ismailuddin Sarker J.- This revision case has come to this Bench upon a reference by a learned Single Judge to decide whether, in the event of violation, a decree of prohibitory injunction is enforceable in an execution case for reliefs provided in Order XXI rule 32(1) of the Code of Civil Pro......ned is directed to proceed with the execution case. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 483. ..Category: Civil Law | Date: | Hits: 100
Bangladesh Vs. Bangladesh Italian Marble Works Ltd. and others, 2011, 40 CLC (AD)
....eported in: ...... 6 to handover possession of Moon Cinema Hall within 3(three) months free from all encumbrances and/or to resolve the dispute amicably within the said period. Ed. This Case is also Reported in: ...... Civil Review Petition Nos. 17-18 of 2011. (From the Judgment and order dated 1ST February, 2010 passed by the Appellate Division in Civil Petition No. 1044 (heard analogously with Civil Petition for leave to appeal No. 1045 of 2009) Order Md. Muzammel Hussain J. - For the reasons to be as...... 6 to handover possession of Moon Cinema Hall within 3(three) months free from all encumbrances and/or to resolve the dispute amicably within the said period. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 222
Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)
....dings of ICT-BD Miscellaneous Case No.1 of 2010 pending before the International Crimes Tribunal, Dhaka. 2. It has been stated in the petition that the petitioner is the Ameer of Jamaat-e-Islami, Bangladesh. He is an ex-Minister of the Government of the People's Republic of Bangladesh. However, ......re led to hold that the instant petition under section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ......eral—For the Opposite Party. Criminal Miscellaneous Case No. 34345 of 2010. Judgment Moyeenul Islam Chowdhury J. - This is a petitioner under section 561A of the Code of Criminal Procedure for quashing the proceedings of ICT-BD Miscellaneous Case No.1 of 2010 pending before the Internat......re led to hold that the instant petition under section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ..Category: Criminal Law | Date: | Hits: 103
Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)
.... High Court Division (Special Original Jurisdiction) Present: Md. Imman Ail J Obaidul Hassan J Hassan MS Azim and three others...............................Petitioners Vs. Bangladesh………………………….......................................Respondents Judgme......with regard to the appointment of the Chief Justice is clear and does not call for any interpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ......rned Advocates of the Supreme Court of Bangladesh and filed the instant application as a Public Interest Litigation (PIL) with the view to uphold the "Supremacy of the Constitution "and "Rule of Law" for ensuring independence of the judiciary from other organs of the State. They are concerned abou......with regard to the appointment of the Chief Justice is clear and does not call for any interpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ..Category: Constitutional Law | Date: | Hits: 228
Habibullah (Md.) and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....High Court Division (Special Original Jurisdiction) Present: Salma Masud Chowdhury J Syed Refaat Ahmed J Habibullah (Md.) and others...........................Petitioners Vs. Bangladesh and others……………………………………...Respondents Judgment Januar......rs namely, 6.73 acres of land within Mouza-Ati, Siddirganj as situated on the southern side of the Dhaka-Chittagong Highway and as proposed for acquisition for the Dhaka Reporters Unit Multipurpose Society Limited for a periods of 4 (four) months from date. Subsequently, that order of status quo w......ed in the schedules to the notices issued to the Petitioners namely, 6.73 acres of land within Mouza-Ati, Siddirganj as situated on the southern side of the Dhaka-Chittagong Highway and as proposed for acquisition for the Dhaka Reporters Unit Multipurpose Society Limited for a periods of 4 (four) ...... In light of the above, this Court finds substance in the Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 794. ..Category: Property Law | Date: | Hits: 104
Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)
.... Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Md. lmmanAli J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh, represented by the Secretary, Ministry of Land, Dhaka and others..............................judgment of the High Court Division is set aside. These petitions are disposed of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ......lam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For Respondent No.1 (In all the cases) None Represented—For Respondent Nos.2-5. (In all the cases) Civil Petition for Leave to Appeal Nos.1718 & 2686 of 2010 and 869 of 2011. (From the judgment and order dated 1......judgment of the High Court Division is set aside. These petitions are disposed of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ..Category: Property Law | Date: | Hits: 68
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