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American Bureau of Shipping Vs. Commissioner of Taxes (South) Zone, Chittagong, 1994, 23 CLC (HCD)

....ether and disposed of by this one judgment. 7. The assessee applicant is an unit of American Bureau of Shipping with the Head Office in New York, USA chartered through an Act of Legislature in the State of New York in 1962 working as a non‑profit non‑governmental organisa­tion and is interna......on (Statutory Original Jurisdiction) Present: Anwarul Hoque Choudhury J Mohammad Asaduzzaman J American Bureau of Shipping.................................................Applicant Vs. Commissioner of Taxes (South) Zone, Chittagong……………………….Respondent Judgm......l dispose of these three Reference applications namely, Application Nos. 80, 81 and 82 of 1992. There shall be no order as to costs. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 1. ......l dispose of these three Reference applications namely, Application Nos. 80, 81 and 82 of 1992. There shall be no order as to costs. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 1. ..

Category: Fiscal/Taxation Law | Date: | Hits: 159

Abdul Ali and another Vs. State, 1977, 6 CLC (AD)

.... Syed ABM Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Abdul Ali and another…...........................Appellants Vs. The State.............................................Respondent Judgment June 30, 1977. Result......Present: Syed ABM Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Abdul Ali and another…...........................Appellants Vs. The State.............................................Respondent Judgment June 30, 1977......d Vs. Collector, Ahmednagar, A.I.R. 1935 Bombay 25; Zainul Abedin Vs. State, 9 DLR 640; C.A. Monterio Vs. The State Ajmer, A.I.R. 1957 (SC) 13; Nurul Islam Vs. State, 12 D.L.R. 105; Muhammad Amir Vs. Md. Kaushar, 21, DLR (S.C.) 330, 1956 Cr. L J. 1320; Mohd. Pasha Vs. State of Hyderabad Reg Vs. Rami......e with the judgment of brother K. Hossain J. Order of the Court In view of the opinion of the majority the appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 58. ..

Category: Criminal Law | Date: | Hits: 115

Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)

....umed to be correct unless they are rebut­ted by adducing evidence by a party who disputes their correctness, as has been pro­vided in Section 103B of the Beagal tenancy Act and Section 144A of the State Acquisition and Tenancy Act, 1950. There is no such law as requires a Court to presume that a ......ourt Appellate Division (Civil) Present: Debesh Chandra Bhattacharya J Fazle Munim J KM Sobhan J Ajufannessa @ Aji Bibi and others…………..…………….Appellants Vs. Safar Miah and others..........................................Respondents Judgment A......l AIR 1937 Cal. 568; 55 CLJ 170; Shariatullah Vs. Jainuddin AIR 1935 Cal. 463: 39 CWN 454. Lawyers Involved: Asrarul Hossain, Senior Advocate, with Mozammel Huq Bhuiyan, Advocate instructed by Md. Nurul Huq, Advocate-on Record—For the Appellants. Serajul Huq, Advocate, instructed by Amin......at the appeal is allowed with costs. The judgment and decree of the High Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ..

Category: Property Law | Date: | Hits: 97

Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)

.... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ......late Division (Civil) Present: Syed ABM Husain CJ Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Fazlur Rahman………………………………Petitioner Vs. Rajab Ali and others..................Respondents Judgment July 18, 1977. Result: ........Respondents Judgment July 18, 1977. Result: The order of the High Court is set aside. Cases Referred to- Tara Kant Banerjee Vs. Puddo Money Dossee, (1865) 10 M.I.A. 476: 5 W R 63; Md. Sulaiman Vs. Kumar Birendra Chandra Singh (1922) L.R. 50 L.A 247; ILR.50 Cal.243; 27 C.W.N. 749:...... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ..

Category: Civil Law | Date: | Hits: 111

Musammat Khale­da Razia Khanam and others Vs. Mahtabuddin Choudhury and others, 1977, 6 CLC (AD)

....­chase enured to the benefit of Kushor Pashi. We do not find any of the contentions to be of substance. The petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 27. ...... Syed AB Mahmud Husain CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Musammat Khale­da Razia Khanam and others.........Petitioners Vs. Mahtabuddin Choudhury and others…………………….Respondents Judgment June 6, 1...... The petition is dismissed. Lawyers Involved: M.H. Khandker, senior Advocate, instructed by B.C. Panday, Advocate-on-record—For the Petitioner. Khandker Mahbubuddin Ahmed, Advocate, with Md. Shafiqur Rahman, Advocate-For Respondents No.1-6. Not Respresented—Respondents No.7-15. ......­chase enured to the benefit of Kushor Pashi. We do not find any of the contentions to be of substance. The petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 27. ..

Category: Property Law | Date: | Hits: 102

M H Khandker, Advocate Vs. Bangladesh (for­merly Province of East Pakistan) & another, 1977, 6 CLC (AD)

..... 36/-per year payable under the deed of lease dated 29-6-57. The appellant contended in the said application that the lease in his favour was not a tenancy under any of the provisions of East Bengal State Acquisition and Tenancy Act and that the terms and conditions were exclusively controlled by t......ate Division (Civil) Present: Syed ABM Husain CJ Debesh Chandra Bhattacharya J Fazle Munim J M H Khandker, Advocate……………………………………………Appellant Vs. Bangladesh (for­merly Province of East Pakistan) & another..........Respondents Judg......lt, therefore, is that subject to the observation made above, the appeal is dismis­sed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 1. ......lt, therefore, is that subject to the observation made above, the appeal is dismis­sed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 1. ..

Category: Property Law | Date: | Hits: 114

Teli alias Mantu and others Vs. State, 2011, 40 CLC (HCD)

....reme Court  High Court Division  (Criminal Appellate Jurisdiction)  Present:  Naima Haider J Md. Ruhul Quddus J Teli alias Mantu and others ............ Appellants Vs. The State................................... Respondent Judgment April 20, 2011. Result: The......) 287. ......der J. - I agree. Ed. This Case is Also Reported in: 21 BLT (HCD) (2013) 287. ...... leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is Also Reported in: 21 BLT (HCD) (2013) 287. ..

Category: Criminal Law | Date: | Hits: 103

Mokbul Hossain and others Vs. State, 2011, 40 CLC (HCD)

....ported in: ...... is also Reported in: ......lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ......e acquitted of charges leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 105

Al-Amin Vs. State, 2011, 40 CLC (AD)

.... Md. Abdul Wahab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Al-Amin………………………………………………………………………………Petitioner Vs. The State..............................................................Respondent Judgment March ...... Sinha J Md. Abdul Wahab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Al-Amin………………………………………………………………………………Petitioner Vs. The State..............................................................Respondent Judgment......ition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 84. ...... liberty to take the petitioner into custody if he misuses of privilege of bail. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 84. ..

Category: Criminal Law | Date: | Hits: 96

Shameem Ara and others Vs. Government of Bangladesh and oth­ers, 2011, 40 CLC (AD)

....t find any cogent reason to interfere with the impugned judgment of the High Court Division. Accordingly, these petitions are dis­missed. Ed. This Case is also Reported in: 9 ADC (2012) 78. ....................Petitioners (In Civil Petition No.2051 of 2010) Selina Habib and oth­ers …………………………………………………Petitioners (In Civil Petition No. 2353 of 2010) Vs. The Government of Bangladesh and oth­ers...................Respondents (In all the cases) ......t of the High Court Division. Accordingly, these petitions are dis­missed. Ed. This Case is also Reported in: 9 ADC (2012) 78. ......t find any cogent reason to interfere with the impugned judgment of the High Court Division. Accordingly, these petitions are dis­missed. Ed. This Case is also Reported in: 9 ADC (2012) 78. ..

Category: Employment/Service Law | Date: | Hits: 134

State Vs. Jahangir Mallik, 2008, 37 CLC (HCD)

.... Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ......rted in: 15 BLC (HCD) (2010) 67. ...... Death Reference No. 50 of 2005 with Jail Appeal No 421 of 2005. Judgment Siddiqur Rahman Miah J. - This Death Reference being No. 50 of 2005 and Jail Appeal No. 421 of 2005 at the instance of Md. Jahangir Mallik is directed against the judgment and order dated 27-4-2005 passed by the learned......onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ..

Category: Criminal Law | Date: | Hits: 87

Hasen Ali and others Vs. Rustom Ali and others, 2009, 38 CLC (HCD)

.... making the preliminary decree final, in due course of law. There will be no order as to cost. Send down the LC Records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 54. ......der Here. Supreme Court High Court Division (Civil Appellate jurisdiction) Present: Mashuque Hosain Ahmed J Md Abu Tariq J Hasen Ali and others......................Appellants Vs. Rustom Ali and others..................Respondents Judgment August 11, 2009. Result:......ut ultimately dismissed the suit on the ground that the plaintiffs had no title in the suit land and, as such, the suit for partition was dismissed. He submits that on the basis of deposition of DW 2 Md. Sirajul Haque, the learned trial Court held that the instant suit for partition was bad for defe......li and others......................Appellants Vs. Rustom Ali and others..................Respondents Judgment August 11, 2009. Result: The appeal is allowed. Case Referred to- Firoja Mazib Vs. JB Corporation, 39 DLR (AD) 78. Lawyers Involved: Abdul Wadud Bhuiyan with SR..

Category: Property Law | Date: | Hits: 71

Pubali Bank Ltd. Vs. Farzana Begum and another, 2009, 38 CLC (HCD)

....and realise the same through the process of law. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 49.......n: 15 BLC (HCD) (2010) 49.......ourt below immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 49.......and realise the same through the process of law. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 49...

Category: Civil Law | Date: | Hits: 116

Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)

.... is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3-12-2000 is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 34. ...... ......……………………Respondents Judgment April 5, 2007. Result: The Rule is discharged. Lawyers Involved: Akhter Imam with Sheikh Hasan Arif, Advocates - For the Petitioners. Md. Asadullah with Khaleda Sultana Nur, Advocates - For Respondent No. 1. Zafarullah Chowdhury, A...... is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3-12-2000 is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 34. ..

Category: Civil Law | Date: | Hits: 121

Baby Masum & another Vs. Bangladesh Film Development Corporation, 2009, 38 CLC (HCD)

....ration...........Opposite Parties Judgment April 23, 2009. Result: The Rule is made absolute. Cases Referred to- Sultan Ara Begum Vs. Secretary, 38 DLR 105, Dewan Obaidur Rahman Vs. State, 1999 BLD (AD) 128 = 4 BLC (AD) 167, Shaikh Obaidul Huq Vs. State, 38 DLR 105, AIR 1956, Madhy......2010) 29. ......a immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 29. ...... Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 29. ..

Category: Criminal Law | Date: | Hits: 95

Saudi Bangladesh Services Company Ltd. Vs. Saudi Arabian Airlines Corporation, represented by its Country Manager, 2009, 38 CLC (HCD)

....k of Commercial Arbitration, 161; Nand Ram Vs. Fakir Chand, ILR 7(1885) All 523; Hindustan Petroleum Corporation Limited Vs. Environmental Engineers Ltd, (2001) 2 Comp 79 (Bom); Murlidhar Agarwal Vs. State of Uttar Pradesh, AIR 1974 SC 1924; Oil and Natural Gas Corporation Ltd Vs. SAW Pipes Ltd, AIR......Judgment here. Supreme Court High Court Division (Original Statutory Jurisdiction) Present: Zubayer Rahman Chowdhury J Saudi Bangladesh Services Company Ltd...........Petitioner Vs. Saudi Arabian Airlines Corporation, represented by its Country Manager...........Respondent ......poration Ltd Vs. SAW Pipes Ltd, AIR 2003 SC 2629. Lawyers Involved: Rafique-ul-Huq, Senior Advocate with Ajmalul Hossain, Advocate - For the Petitioner. AJ Mohammad Ali, Senior Advocate with Md. Ashanur Rahman & Verbeena Huda, Advocates - For the Respondent. Arbitration Case No. 2 of......e. Accordingly, the Award dated 8-4-2006 is hereby set aside. There will be no order as to costs. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 20; 14 MLR (HCD) (2009) 441.  ..

Category: Alternative Dispute Resolution | Date: | Hits: 385

State Vs. Anwar Hossain and others, 2008, 37 CLC (HCD)

..... Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 1. ...... BLC (HCD) (2010) 1. ......State) Vs. Paran Chandra Baroi, 2 BCR 292 = 1986 BCR (AD) 225; 1985 BLD 302; 7 BLT (AD) 33 = 5 BLC (AD) 41; Muslem Uddin Vs. State, 39 DLR (AD) 311; Moinullah Vs. State, 1988 BLD 100 = 40 DLR 443; Md. Jamaluddin Vs. State, 1994 BLD 33; State Vs. Babul Hossain, 52 DLR 400; Sanwar Hossain Vs. Sta...... sentenced to imprisonment for life. The jail appeals are accordingly, disposed of. Send down the lower Court's records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 1. ..

Category: Criminal Law | Date: | Hits: 67

Aroj Ali Sarder Vs. State, 1989, 18 CLC (HCD)

....upreme Court High Court Division (Dhaka Bench) (Criminal Revisional Jurisdction) Present: Anwarul Hoque Chowdhury J Aroj Ali Sarder.........................Petitioner Vs. The State........................Opposite Party Judgment February 5, 1989. Cases Referred to- ......989) 306.......uddin Laskar Vs. Moulana Nurun Nabi, 16 DLR (Dhaka) 528; 10 DLR Dhaka 152; 16 DLR Dhaka, 528; Hussain Bakshah Vs. The State, 15 DLR (WP) 33. Lawyers Involved: Shahid Ahmed - For Petitioner. Md. Matiur Rahman - For the State. Criminal Revision No. 308 of 1986. Judgment Anwarul Hoqu...... accused acquitted. The fine already paid by the accused petitioners need be re­funded to them. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 306...

Category: Criminal Law | Date: | Hits: 76

Nur Mohammed alias Bog Master Vs. State, 1988, 17 CLC (HCD)

....onal Jurisdiction) Present: Bimalendu Bikash Roy Chowdhury J Habibur Rah­man Khan J Nur Mohammed alias Bog Master…………………………………Accused Petitioner Vs. The State……………………………Opposite Party Judgment December 15, 1988. Result: ......minal Revisional Jurisdiction) Present: Bimalendu Bikash Roy Chowdhury J Habibur Rah­man Khan J Nur Mohammed alias Bog Master…………………………………Accused Petitioner Vs. The State……………………………Opposite Party Judgment December 15, 1988. ...... Emperor, AIR 1947 All 97; Emperor Vs. Sami Des, AIR 1926 Lah 375. Lawyers Involved: Akram Hossain Amin with Sajjad Ali Chowdhury - For Petitioner. Sultan Ahmed, Deputy Attorney General with Md. Shahjahan - For the State. Criminal Revision No.99 of 1983. Judgment Habibur Rahman Kha......tion and sentence passed against the accused-petitioner is set aside. Let the accused-petitioner be discharged from his bail-bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 301. ..

Category: Criminal Law | Date: | Hits: 92

Chairman, Bangladesh Forest Industries Development Corporation (BFIDC) and another Vs. Md. Hatem Ali and others, 2011, 40 CLC (AD)

....y ground to interfere with the decision of the High Court Division. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 169. ......uhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J The Chairman Bangladesh Forest Industries Development Corporation (BFIDC) and another…………………..Appellants Vs. Md. Hatem Ali and others………………………………………………..Respondents ......appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 169. ......y ground to interfere with the decision of the High Court Division. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 169. ..

Category: Employment/Service Law | Date: | Hits: 739