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Ibrahim (Md.) & others Vs. State, 2004, 33 CLC (HCD)

....€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Respondent. Judgment November 8, 2004. Cases Referred to- Shahidullah and another Vs. State, 1987 BLD (AD) 27; PLD 1960 (Dhaka) 697; Tafazzal Haque and another Vs. State, 1986 BLD 418; Hatu Mallik and others Vs. State, 19......……… Condemned-Prisoners Vs. State …………………………………………………………….Respondent. Judgment November 8, 2004. Cases Referred to- Shahidullah and another Vs. State, 1987 BLD (AD) 27; PLD 1960 (Dhaka) 697; Tafazzal Haque and another Vs. State,......e Court High Court Division (Criminal Appellate Jurisdiction) Present: Md. Ali Asgar Khan J Md. Ashfaqul Islam J Ibrahim (Md.) & others ……………… Condemned-Prisoners Vs. State …………………………………………………………….Respondent. J...... 41. Send down the lower court records expeditiously. Let a copy of this judgment be sent to the Superintendent, District Jail, Lakshmipur. Ed. This Case is also Reported in: 58 DLR (2006) 598. ..

Category: Criminal Law | Date: | Hits: 91

Abdul Aziz (Md.) Vs. Sonia Pervin Liza (Minor), 2006, 35 CLC (HCD)

.... which truly reflected the true principles of Islamic law on the question of maintenance of a divorced woman and her children. 17. Mowlana Obaidul Hoque, Khatib of Baitul Mokkaram National Mosque, Dhaka, who was summoned to appear before the Appellate Division in the case of Hafijur Rahman (Md.) ......on No. 5175 of 2000. Judgment Siddiqur Rahman Miah J. - This Rule at the instance of the defendant-appellant under section 115(1) of the Code of Civil Procedure is directed against the judgment and decree dated 2-8-2000 passed by the learned District Judge, Manikganj in Family Appeal No. 18 of......High Court Division (Civil Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Syed Md. Ziaul Karim J Abdul Aziz (Md.)………………………………………...Petitioner Vs. Sonia Pervin Liza (Minor) ……………………………Opposite Party. Judgment Jul......f- opposite party within 3(three) months from the date failing which the same will be realized according to law. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 583. ..

Category: Family Law | Date: | Hits: 214

State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)

.... section 25 of the Nari-o-Shishu Nirjatan Daman (Bishes Bidhan) Ain, 1995 (shortly referred to as the Ain, 1995) has been made by the learned Judge of the Nari-o-Shishu Nirjaton Daman Tribunal No. 2, Dhaka for confirmation of the sentence of death imposed upon the six convicts, namely 1) Shahidul Is......diction) Present: Md. Ali Asgar Khan J Md. Emdadul Huq J State…………………………………………………………………..Petitioner Vs. Shahidul Islam alias Shahid and others …………..Condemned-Prisoners. Judgment July 10, 2006. Cases Referred to- ......vision (Criminal Appellate Jurisdiction) Present: Md. Ali Asgar Khan J Md. Emdadul Huq J State…………………………………………………………………..Petitioner Vs. Shahidul Islam alias Shahid and others …………..Condemned-Prisoners. Judgment July...... Condemned prisoner Shaniram is to be set at liberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ..

Category: Criminal Law | Date: | Hits: 70

Eskayef Bangladesh Ltd. Vs. Commissioner of Taxes, 2004, 33 CLC (HCD)

....tion Nos. 76 & 77 of 2000. Judgment MA Wahhab Miah J. - These two reference application have arisen out of an order dated 23-4-2000 passed by the Taxes Appellate Tribunal, Division Bench-1, Dhaka, in ITA No. 1430 of 1998- 99 (assessment year 1994-95) and ITA No. 1431 of 1998-99 (Assessment......sh Ltd………………………..Petitioner Vs. Commissioner of Taxes…………………………Respondent. Judgment April 27, 2004. Cases Referred to- Titas Gas Transmissions and Distribution Co. Ltd Vs. Commissioner of Taxes, 2000 BTD 27; Sagorika and Co (Pvt) Ltd. Vs. Comm......(2006) 531. ......ly, the questions in both the reference applications are answered in the affirmative and in favour of the Department. No order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 531. ..

Category: Fiscal/Taxation Law | Date: | Hits: 88

Badrud Doza (alias Momin) (Md.) Vs. State, 2006, 35 CLC (HCD)

....on an application filed by the petitioner made under section 498 of the Code of Criminal Procedure challenging the judgment and order dated 1-6-2006 passed by the learned Metropolitan Sessions Judge, Dhaka in Criminal Miscellaneous Case No. 1107 of 2006 arising out of Motijheel PS Case No. 58 dated ...... Rahman Bhuiyan J. - This Rule was issued by a Division Bench of this Court on an application filed by the petitioner made under section 498 of the Code of Criminal Procedure challenging the judgment and order dated 1-6-2006 passed by the learned Metropolitan Sessions Judge, Dhaka in Criminal Miscel......ourt High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Mizanur Rahman Bhuiyan J Syed Refaat Ahmed J Badrud Doza (alias Momin) (Md.)……………Petitioner Vs. State ……………………………………………………….Opposite Party. Jud......sent BD House, Road No. 43, House No. 3, PS Gulshan, Dhaka be enlarged on bail subject to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 58 DLR (2006) 529...

Category: Criminal Law | Date: | Hits: 64

Mofazzal Hossain alias Mofa and others Vs. State, 2004, 33 CLC (HCD)

....respective bail bonds. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 524. ...... Reported in: 58 DLR (2006) 524. ......gh Court Division (Criminal Appellate Jurisdiction) Present: AKM Fazlur Rahman J Syed Md. Ziaul Karim J Mofazzal Hossain alias Mofa and others…………………Accused-Appellants Vs. State………………………………………………………………………..Respo......respective bail bonds. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 524. ..

Category: Criminal Law | Date: | Hits: 52

Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)

.... 303 of 2000 Third Defendant, the Korea Exchange Bank (KEB), Seoul, Korea, presented the appeal against the decree dated 2‑11‑1999 passed by Subordinate Judge and First Commercial Court at Dhaka in Title Suit No. 10 of 1993, which decreed the suit. 3. On 12‑9‑1993 the plaintiff......vil Appellate Jurisdiction) Present: Md. Abdur Rashid J S Rahman Miah J Korea Exchange Bank, Seoul, Korea……………Appellant Vs. Gemini Garments Limited and others………….Respondents Judgment April 13, 2004. Cases Referred To- ...... High Court Division (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J S Rahman Miah J Korea Exchange Bank, Seoul, Korea……………Appellant Vs. Gemini Garments Limited and others………….Respondents Judgment April 1......t wants to and then, write out the judgment in the light of our observations made hereinbefore. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 392. ..

Category: Business or Commercial Law | Date: | Hits: 289

AM Ziaul Hoque Vs. Government of the People's Republic of Bangladesh and others, 2004, 33 CLC (HCD)

.... this Court stands vacated. The application for vacating the order of stay is thus disposed of without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 389. ......J AM Ziaul Hoque……………………………………………………………………………………..Petitioner Vs. Government of the People's Republic of Bangladesh and others………Respondents Judgment April 20, 2004. Lawyers involved: ......resent: SANM Rahman J Zubayer Rahman Chowdhury J AM Ziaul Hoque……………………………………………………………………………………..Petitioner Vs. Government of the People's Republic of Bangladesh and others………Respondents J...... this Court stands vacated. The application for vacating the order of stay is thus disposed of without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 389. ..

Category: Employment/Service Law | Date: | Hits: 66

Md. Turan Miah and others Vs. Anguri Bibi and others, 2010, 39 CLC (HCD)

....the above, we find no sub­stance in the submissions of the learned Counsel for the appellants. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 100. ......rted in: VIII ADC (2011) 100. ......on (Civil) Present: Mohammad Fazlul Karim CJ Shah Abu Nayeem Mominur Rahman J Surendra Kumar Sinha J Md. Turan Miah and others…………………………….......Appellants Vs. Anguri Bibi and others ……………..........Respondents Judgment July 20, 2010. ......the above, we find no sub­stance in the submissions of the learned Counsel for the appellants. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 100. ..

Category: Property Law | Date: | Hits: 74

Md. Nasrullah Chowdhury Vs. Mohammad Nurul Islam and others, 2010, 39 CLC (AD)

....it after deciding whether or not there was any consent of the parties to compromise the dispute. Accordingly the petition is disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 91.......yeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Nasrullah Chowdhury…………………..............Petitioner Vs. Mohammad Nurul Islam and others……………….Respondents Judgment June 6, 2010. Cases Referred To- (Moul......Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Nasrullah Chowdhury…………………..............Petitioner Vs. Mohammad Nurul Islam and others……………….Respondents Judgment June 6, 2010. ......it after deciding whether or not there was any consent of the parties to compromise the dispute. Accordingly the petition is disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 91...

Category: Property Law | Date: | Hits: 65

Shrimp and Fish Processing Plant Ltd and another Vs. Bangladesh Bank, Dhaka and others, 2006, 35 CLC (HCD)

....urt Division (Special Original Jurisdiction) Present: MM Hossain J Farid Ahmed J Shrimp and Fish Processing Plant Ltd and another……………..Petitioners Vs. Bangladesh Bank, Dhaka and others…………………………………..Respondents. Judgment February 23, 20......by vacated. Ed. This Case is also Reported in: 58 DLR (2006) 517. ......Supreme Court High Court Division (Special Original Jurisdiction) Present: MM Hossain J Farid Ahmed J Shrimp and Fish Processing Plant Ltd and another……………..Petitioners Vs. Bangladesh Bank, Dhaka and others…………………………………..Respondents. Jud...... In the result, the Rule is discharged without any order as to costs and the order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 58 DLR (2006) 517. ..

Category: Business or Commercial Law | Date: | Hits: 251

Dr. Md. Abu Obaidah Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)

.... - This reference application under section 160(1) of the Income Tax Ordinance, 1984 at the instance of the assessee has arisen out of the order dated 2-6-1998 passed by the Taxes Appellate Tribunal, Dhaka in Income Tax Appeal No. 2101 of 1995-1996. This is relating to assessment year 1994-1995. ......Joint Commissioner of Taxes with the finding that the assessee appellant being a director of more than one company is not an employee within the meaning of the" Rule 33(3) (b) of the Income Tax Rules and, as such, the assessee was not entitled to the exemption on account of house rent allowance. The......006) 515....... the learned Advocate for the applicant. Thus, question Nos. (iii) and (iv) are also decided in the affirmative in favour of the Department. Ed. This Case is also Reported in : 58 DLR (2006) 515...

Category: Fiscal/Taxation Law | Date: | Hits: 91

Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....ia Hsiang………………………………………….Petitioner Vs. Government of Bangladesh and others………….Respondents. Judgment December 12, 2005. Cases Referred to- Dhaka Warehouse Ltd. Vs. Assistant Collector of Customs and others, 1991 BLD (AD) 227; Tapashi Bhatt......ial Original Jurisdiction) Present: MM Hossain J Zubayer Rahman Chowdhury J Huang Chia Hsiang………………………………………….Petitioner Vs. Government of Bangladesh and others………….Respondents. Judgment December 12, 2005. Cases Referred to- Dhak...... High Court Division (Special Original Jurisdiction) Present: MM Hossain J Zubayer Rahman Chowdhury J Huang Chia Hsiang………………………………………….Petitioner Vs. Government of Bangladesh and others………….Respondents. Judgment December 12, 2005......ed to have been made without lawful authority and to be of no legal effect. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 58 DLR (2006) 503. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 221

Abul Khair and others Vs. State, 2006, 35 CLC (HCD)

....he date of receipt of this judgment and order by the trial Court. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 500, 26 BLD (HCD) (2006) 467. ...... 58 DLR (2006) 500, 26 BLD (HCD) (2006) 467. ......Court Division (Criminal Appellate Jurisdiction) Present: Khademul Islam Chowdhury J Md. Ashfaqul Islam J Abul Khair and others……………………………………..Appellants Vs. State………………………………………………………………..Respondent. ......he date of receipt of this judgment and order by the trial Court. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 500, 26 BLD (HCD) (2006) 467. ..

Category: Criminal Law | Date: | Hits: 53

Ashique Jeans Apparels Ltd and another Vs. National Board of Revenue and another, 2005, 34 CLC (HCD)

.... and old machineries along with 94 new machineries and did not produce the material documents during inspection of the same before the Deputy Commissioner of Taxes, Companies Circle- 3, Taxes Zone-1, Dhaka. It is further contended that the petitioner's declaration in respect of the Letter of Credit ......(2006) 478, 26 BLD (HCD) (2006) 324. ......upreme Court High Court Division (Special Original Jurisdiction) Present: Mirza Hussain Haider J Md. Abdul Hafiz J Ashique Jeans Apparels Ltd and another…………..Petitioners Vs. National Board of Revenue and another... ……….Respondents. Judgment April 13, 2005...... section 46 is to encourage more new undertakings to be established. However, there will be no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 478, 26 BLD (HCD) (2006) 324. ..

Category: Fiscal/Taxation Law | Date: | Hits: 93

Abu Musa Kutub (Md.) Vs. Secretary, Election Commission and others, 2005, 34 CLC (HCD)

....he Writ Petition that the date of birth of the petitioner has been shown as on 1-1-1978 in the voter list. The petitioner also submits a tabulation sheet from the Bangladesh Madrasha Education Board, Dhaka (Annexure-A) to show that the date of birth of the petitioner is 2-2-1984. 10. Annexure-A r......nal Jurisdiction) Present: SM Hossain J Quamrul Islam Siddiqui J Abu Musa Kutub (Md.) …………………………………………..Petitioner Vs. Secretary, Election Commission and others ……….Respondents. Judgment July 18, 2005. Cases Referred to- Abid Hashe...... High Court Division (Special Original Jurisdiction) Present: SM Hossain J Quamrul Islam Siddiqui J Abu Musa Kutub (Md.) …………………………………………..Petitioner Vs. Secretary, Election Commission and others ……….Respondents. Judgment July 18, 2005...... is discharged. The interim order passed at the time of issuance of the Rule, is herby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 450. ..

Category: Election Law | Date: | Hits: 87

Bangladesh Paribesh Andolan and another Vs. Bangladesh, represented by the Secretary, Ministry of Works and others, 2004, 33 CLC (HCD)

....adesh, represented by the Secretary, Ministry of Housing and Public Works and others, 55 DLR 1; Rajdhani Unnayan Kartipakhya and another Vs. Mohshinul Islam and another, 53 DLR (AD) 79; Giasuddin Vs. Dhaka Municipal Corporation, 7997 BLD 577 = 49 DLR 199; MC Mehta Vs. Union of India (2000) 10 SCC 55...... Case is also Reported in: 58 DLR (2006) 441.......1....... Let a copy of this judgment be communicated to the respondents to take necessary steps in the light of our judgment, in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 441...

Category: Environmental Law | Date: | Hits: 484

Wally Ahmed alias Babi Vs. State, 2005, 34 CLC (HCD)

....l Karim J. - By this appeal convict appellant Wally Ahmed alias Babi has challenged the propriety of the judgment and order dated 19-9-1994 passed by the learned Additional Sessions Judge, 3rd Court, Dhaka in Session Case No. 291 of 1992 convicting the appellant under section 302 of the Penal Code a......nciple of criminal jurisdiction It is also the fundamental principle of criminal jurisdiction that it is always for the prosecution to prove the charge against the accused beyond reasonable doubt and this onus on the prosecution never shifts and the duty generally cast upon the prosecution to ne......upreme Court High Court Division (Criminal Appellate Jurisdiction) Present: AKM Fazlur Rahman J SM Ziaul Karim J Wally Ahmed alias Babi..................................Appellant Vs. State…………………………………………………………………..Respondent.......d from the bail bond. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 58 DLR (2006) 433; 13 MLR (HCD) (2008) 375. ..

Category: Criminal Law | Date: | Hits: 70

Nazrul Islam (Md.) and another Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....the designated foreign countries for taking supply of catalogue. After finalization of deal with the Indian exporter, the petitioner opened letter of credit with the Jamuna Bank's Shantinagar Branch, Dhaka on 23-8-2004 for an amount of $16,886.00 for payment of imported materials. While the petition...... is also Reported in: 58 DLR (2006) 431.......ecial Original Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Nazrul Islam (Md.) and another………………………………………………….Petitioners Vs. Government of Bangladesh and others……………………………………..Respondents. ......ent that the petitioners can still vindicate their grievance through arbitration as contained in the contract. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 431...

Category: Business or Commercial Law | Date: | Hits: 186

Solaman Vs. State, 2005, 34 CLC (HCD)

....ed Vs. State, 16 DLR 223, Malu and others, 30 DLR 421, Osman and others, Ratan Vs. State, 30 DLR 421, Jafar Alam Chowdhury Vs. State, 20 DLR 666; The Board of Secondary and Higher Secondary Education Dhaka & another Vs. Md. Nurul Islam and others, 1986 BLD (AD) 189; Shiplu and another Vs. State, 49 ......itioner Vs. State ………………………………………………….Opposite Party Judgment March 21, 2005. Cases Referred to- Ashrafuddin Ahmed Vs. State, 16 DLR 223, Malu and others, 30 DLR 421, Osman and others, Ratan Vs. State, 30 DLR 421, Jafar Alam Chowdhury Vs. Stat......e Court High Court Division (Criminal Revisional Jurisdiction) Present: Mir Hashmat Ali J AKM Asaduzzaman J Solaman……………………………………………..Petitioner Vs. State ………………………………………………….Opposite Party Judgment ....... 236 of 1999 is hereby set aside. The accused-petitioner be set at liberty if not wanted in any other case. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 429. ..

Category: Criminal Law | Date: | Hits: 53