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Matiur Rahman Bepari Vs. Wazuddin Bepari & others, 1999, 28 CLC (HCD)

....ne—For the Opposite Parties. Civil Revision No. 2138 of 1991. Judgment Gour Gopal Saha J.- This Rule is directed against the order dated 16-6-91 passed by the Subordinate Judge, 2nd Court, Dhaka allowing the application under Order 41 rule 5 read with section 151 of the Code of Civil Proc......lication under Order 41 rule 5 read with section 151 of the Code of Civil Procedure. Title Appeal No.226 of 1981 was earlier dismissed for default by order dated 6-6-91 which was ultimately set aside and the appeal re-admitted. 2. Mr. Azizul Hoque, the learned Advocate appearing for the petitione......ed in: 52 DLR (2000) 450. ......-6-91 is maintained. 8. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (2000) 450. ..

Category: Procedural Law | Date: | Hits: 77

Abdul Awal (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)

....Application No.200 of 1991. Judgment Syed Amirul Islam J.- This reference application is directed against the judgment and order dated 17-9-90 passed by the Taxes Appellate Tribunal Bangladesh, Dhaka, in Income Tax Appeal No.1656 of 1985-86 (Assessment year 1981-82). 2. The assessee applica......¦â€¦â€¦â€¦â€¦â€¦Applicant Vs. Commissioner of Taxes………………………………Respondent Judgment March 12, 2000. Cases Referred To- 29 ITR 30, 51 ITR (SC) 557, 145 ITR 225 and 55 ITR 630. Lawyers Involved: MA Noor Advocate—For the Applicant. Dabiruddin Ahmed, D......reme Court High Court Division (Special Statutory Jurisdiction) Present: Syed Amirul Islam J SAN Mominur Rahman J Abdul Awal (Md.) ………………………………Applicant Vs. Commissioner of Taxes………………………………Respondent Judgment March 12, ......the Appellate Division and hence we allow the prayer and accordingly grant certificate for preferring appeal before the Appellate Division. Ed. This Case is also Reported in: 52 DLR (2000) 442. ..

Category: Fiscal/Taxation Law | Date: | Hits: 96

Bibi Zarina and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)

....on Nos. 548 and 464 of 1994. Judgment Syed Amirul Islam J.- Both the Rules arise out of the same Judgment and order dated 1-12-1991 passed in Case No.719 of 1987 by the 1st Court of Settlement, Dhaka and as such they are heard together and are going to be disposed of by this judgment. The peti...... This Case is also Reported in: 52 DLR (2000) 439.......439.......-91 passed by the 1st Court of Settlement in Case No.719 of 1987 within 3(three) months from the date of receipt of the copy of the judgment. Ed. This Case is also Reported in: 52 DLR (2000) 439...

Category: Property Law | Date: | Hits: 90

Manager, Bangladseh Krishi Bank and others Vs. Al-Haj Md. Nurul Islam & another, 1999, 28 CLC (HCD)

....aka 87,75,000.00 as damage. The plaintiff in the suit is Alhaj Muhammad Nurul Islam, Managing Director, Jamal Ice and Cold Storage Limited, Registered Office No.14 Bijoy Nagar, PS Motijheel, District Dhaka and the defendants are the Manager, Regional Manager and Managing Director of Bangladesh Krish...... also Reported in: 52 DLR (2000) 434. ......igh Court Division (Civil Appellate Jurisdiction) Present: MM Ruhul Amin J Md. Abdul Matin J Manager, Bangladseh Krishi Bank and others……………………Defendant-Appellants Vs. Al-Haj Md. Nurul Islam & another………………..Respondents Judgment November 23, 1......y set aside and Money Suit No.1 of 1991 of the Court of Subordinate Judge, Munshiganj in dismissed. There shall be no order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 434. ..

Category: Civil Law | Date: | Hits: 101

Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Aziz Pipes Limited, 2003, 32 CLC (AD)

.... dated 30.5.2000 passed by the High Court Division in First Appeal No. 225 of 1999 allowing the appeal in part which was preferred against those dated 28.4.1999 passed by the Second Commercial Court, Dhaka in Title Suit No. 1 of 1996 decreeing the suit. 2. The above title suit was filed by Aziz ...... Vs. Bangladesh Shilpa Rin Sangstha (BSRS)...........Respondent (In Civil Appeal No. 151 of 2001) Judgment August 11, 2003. Result: The Civil Appeal No. 95 of 2001 is dismissed and Civil Appeal No. 151 of 2001 is allowed in part. Lawyers Involved: A. K. M. Nazrul Islam,......reme Court Appellate Division (Civil) Present: KM Hasan CJ Mohammad Fazlul Karim J Md. Hamidul Haque J Bangladesh Shilpa Rin Sangstha (BSRS)..................Appellant Vs. Aziz Pipes Limited…......Respondent (In Civil Appeal No. 95 of 2001) Aziz Pipes Limit......ll realization of the decreetal amount if it is not paid within a period of 90 days from date. The parties are to bear their own costs. Ed. This Case is also Reported in: II ADC (2005) 221. ..

Category: Civil Law | Date: | Hits: 126

State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)

....8-3028 and folio No. 3845. The respondent No. 4 is an elected member of Ward No.7 of Dighalia Union Parishad, Upazila-Dighalia, District-Khulna and the respondent No.5 is a businessman and resides at Dhaka. The respondent No.1 is a furnace oil businessman and in course of his business he used to buy......J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J The State……………………………………………Appellant Vs. Moyezuddin Sikder and Others…………Respondent Judgment April 23, 2008. Result: The appeal is allow......Karim J MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J The State……………………………………………Appellant Vs. Moyezuddin Sikder and Others…………Respondent Judgment April 23, 2008. Resu......rected to take steps for disposal of the application in the light of our findings as above. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 82; 28 BLD (AD) (2008) 138; V ADC (2008) 796. ..

Category: Criminal Law | Date: | Hits: 100

Golam Rabbani Khandaker (Md.) and Others Vs. Hamida Bawa Shamsul Sheikh and others, 2001, 30 CLC (HCD)

.....................Petitioners Vs. Hamida Bawa Shamsul Sheikh and others………Opposite Parties. Judgment May 30, 2001. Case Referred To- Sunahar Ali Vs. Mohammed Akuali, PLD 1957, Dhaka, 603. Lawyers Involved: Md. Muzaffar Hossain with Md. Azizul Islam, Advocates—For the ......t once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 610.......(HCD) (2001) 610....... is directed to proceed with the execution of Execution Case No.10- of 1986 as usual according to law, communicate this order at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 610...

Category: Civil Law | Date: | Hits: 81

Sk Sohrab Ali Vs. Gazi Abdur Rashid and others, 2000, 29 CLC (HCD)

....ted — the Opposite Parties. Civil Revision No. 190 of 1981. Judgment Gour Gopal Saha J.- This Rule is directed against the order dated 4-11-80 passed by the 3rd Court of Subordinate Judge, Dhaka in Money Suit No.186 of 1978. 2. Short facts relevant for the purpose of the case are that ......preme Court High Court Division (Civil Revisional Jurisdiction) Present: Gour Gopal Saha J Sikder Maqbul Hoq J Sk Sohrab Ali………………Petitioner Vs. Gazi Abdur Rashid and others.................Opposite Parties. Judgment October 25, 2000. Lawyers Involved: ......DLR (HCD) (2001) 598. ......is order, with notice to the contending parties. Communicate the order to the learned Subordinate Judge, 3rd Court, Dhaka at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 598. ..

Category: Procedural Law | Date: | Hits: 82

Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)

....n 53(1)(e) of the Electoral College Act, 1964 providing for disqualification of a candidate for election to the office of Union Parishad Chairman fell for consideration before a Division Bench of the Dhaka High Court which construed the words used in that section “Sentence to imprisonment for a te...... High Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J ABM Khairul Haque J Hussain Muhammad Ershad……….Petitioner Vs. Abdul Muqtadir Chowdhury and another……….Respondents. Judgment May 21, 2001. Cases Referred To- Bhanubhai M......(HCD) (2006) 261....... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261...

Category: Constitutional Law | Date: | Hits: 202

Abdul Mannan Sarker (Md.) Vs. State and others, 2001, 30 CLC (HCD)

....rty was called upon to show cause as to why the impugned proceeding of Motijheel PS Case No.13 dated 02-03-99 and GR case No. 1267 of 1999 now pending in the court of learned Metropolitan Magistrate, Dhaka should not be quashed. 2. According to the FIR lodged by the informant, the accused petitio...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Hamidul Haque J Md. Munsurul Haque Chowdhury J Abdul Mannan Sarker (Md.)…………Petitioner Vs. State and others………..Opposite Parties. Judgment January 25, 2001. Lawyers Involved: Sk A......reme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Hamidul Haque J Md. Munsurul Haque Chowdhury J Abdul Mannan Sarker (Md.)…………Petitioner Vs. State and others………..Opposite Parties. Judgment January 25, 2001. Lawyers Invo...... now pending in the Court of learned Metropolitan Magistrate, Dhaka is thus quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 565. ..

Category: Criminal Law | Date: | Hits: 43

Abu Sayed Vs. State, 2001, 30 CLC (HCD)

....he time the Sessions Judge at Pabna Send down the records of the case at once if he is not wanted in connection with any other case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 559. ......ot represented—the Opposite Party Jail Appeal No. 4103 of 1991. Judgment Md. Abdur Rashid J.- This appeal was presented under section 420 of the Code of Criminal Procedure against judgment and order dated 31-3-90 passed by the Sessions Judge, Pabna in Sessions Case No.33 of 1989 (arising ......3 DLR (HCD) (2001) 559. ......he time the Sessions Judge at Pabna Send down the records of the case at once if he is not wanted in connection with any other case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 559. ..

Category: Criminal Law | Date: | Hits: 41

Sultan Mia (Md.) Vs. Hazi Md. Yusuf, 2001, 30 CLC (HCD)

....sion No. 3254 of 2000. Judgment SK Sinha J.- Petitioner is the decree-holder who obtained this Rule against the order dated 11-6-2000 of the learned Subordinate Judge and Artha Rin Adalat No.4, Dhaka in Title Execution Case No.31 of 1997 directing him to make over possession of schedule ‘Kha......uf ………………Opposite Party. Judgment August 16, 2001. Lawyers Involved: KS Salahuddin Ahmed, Advocate—For the Petitioner. M Enayetur Rahman with Shahidul Islam, Md. Alamgir and Jail Gazi, Advocates—For the Opposite Party. Civil Revision No. 3254 of 2000. Judgment ......is also Reported in: 53 DLR (HCD) (2001) 555. ......e of the matter expeditiously preferably within 3 months from the date of receipt of the order. Send down the lower Court records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 555. ..

Category: Property Law | Date: | Hits: 82

Anwar Hossain Vs. Election Commission of Bangladesh and others, 2001, 30 CLC (HCD)

....ted in the formation of a consensus government. Furthermore, as a result of such political alliance between Awami League and Jatiya Party, respondent No.5 was shifted from his solitary confinement in Dhaka Central Jail to a sub- jail specially created him which was located next to Jatiya Sangsad Bui......h Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Nazrul Islam Chowdhury J Anwar Hossain ………..Petitioner Vs. Election Commission of Bangladesh and others……...Respondents. Judgment July 05, 2001. Case Referred To- Secretary, Pa......R (HCD) (2001) 546. ......ny lawful authority. In the premises, the Rule is made absolute in view of the reasons stated above without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 546. ..

Category: Constitutional Law | Date: | Hits: 196

Modhumala Vs. Director, Housing and Judgment Building Research Institute & others, 2000, 29 CLC (HCD)

.... of disposal of the Rule are that the petitioner has been residing in the case land for the last 5 years (from the date of swearing affidavit of the writ petition) and she was compelled to migrate to Dhaka from her village home at Faridpur in search of employment and shelter. She has two minor sons ......540....... in: 53 DLR (HCD) (2001) 540....... further directed that the petitioner should not be evicted without observing the provisions of law. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 540...

Category: Property Law | Date: | Hits: 97

Government of Bangladesh Vs. ASM Ferojuddin Bhuiyan, 2000, 29 CLC (HCD)

....e of Civil Procedure whereupon a Rule was issued calling upon the opposite party to show cause as to why judgment and decree dated 26-1-1998 passed by learned Additional District Judge, Second Court, Dhaka in Title Appeal No.136 of 1997 setting aside judgment and decree dated 29-5-1997 passed by lea......d in: 53 DLR (HCD) (2001) 522. ...... Revisional Jurisdiction) Present: AK Badrul Huq J Government of Bangladesh, represented by Secretary, Housing and Settlement Bangladesh Secretariat & others ...............Petitioner Vs. ASM Ferojuddin Bhuiyan…………………….Opposite Party. Judgment July 26, 2000. ......t Judge, Second Court, Dhaka in Title Appeal No.136 of 1997 are maintained. Lower Courts Record be sent as immediate as possible. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 522. ..

Category: Property Law | Date: | Hits: 83

Nazrul Islam (Md.) and others Vs. Bangladesh, represented by the Secretary Ministry of Commerce and others, 2001, 30 CLC (HCD)

....Petitioners Vs. Bangladesh, represented by the Secretary Ministry of Commerce and others …………….Respondents. Judgment April 29, 2001. Cases Referred To- Managing Director, Dhaka WASA Vs. Superior Builders and Engineers Ltd. 51 DLR (AD) 56. Lawyers Involved: AFM Hasa......is also Reported in: 53 DLR (HCD) (2001) 519.......h Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J ABM Khairul Haque J Nazrul Islam (Md.) and others…………………………………..Petitioners Vs. Bangladesh, represented by the Secretary Ministry of Commerce and others …………….Resp......ry, Ministry of Commerce, Government of Bangladesh, for taking necessary action in accordance with law against the delinquent officers. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 519...

Category: Others | Date: | Hits: 96

Bengal Ceramic Industries Ltd. Vs. Chairman, Petro Bangla & others, 1984, 13 CLC (HCD)

....ule [Civil Rule No.205 (FM) of 1984] which has been heard along with the appeal, is also made absolute without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 516. ......ngal Ceramic Industries Ltd ……………… Appellant Vs. Chairman, Petro Bangla & others……...Respondents. Judgment November 9, 1984. Cases Referred To- Abdul Barek Mia and others Vs. ABM Serajul Islam, 20 DLR 508; Abdul Saul Munshi Vs. Abu Bakar Siddique, 35 DLR (AD) ......16. ......ule [Civil Rule No.205 (FM) of 1984] which has been heard along with the appeal, is also made absolute without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 516. ..

Category: Others | Date: | Hits: 132

Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)

....this judgment. 2. Reference Application No.222 of 1991 arises out of Judgment and order dated 25-10-1990 passed in ITA No.1172 of 1983-84 (Assessment year 1979-80) by the Taxes Appellate Tribunal, Dhaka. Reference Application No.223 of 1991 relates to assessment year 1980-81 and arises out of Jud......s. 222, 223, 224, 225 of 1991, 27, 28, 29, 30, 31, 32, 34, 35, 36 of 1992. Judgment Syed Amirul Islam J.- As common question of law is involved in all these references, they were heard together and are being disposed of by this judgment. 2. Reference Application No.222 of 1991 arises out of......(2001) 509. ......27 of 1992, 28 of 1992, 29 of 1992, 30 of 1992, 32 of 1992, 31 of 1992, 34 of 1992, 35 of 1992. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 509. ..

Category: Fiscal/Taxation Law | Date: | Hits: 86

Shahid Mia and anothers Vs. State, 1998, 27 CLC (HCD)

....ccomplices. The appellants are alleged to have been arrested by the police after hot pursuit risking their life with arms and explosive. In this connection it is pertinent to note that in the city of Dhaka most of the inhabitants have no permanent residence and they are compelled to shift from place......lication is rejected. Ed. This Case is also Reported in: 51 DLR (1999) 207.......s also Reported in: 51 DLR (1999) 207.......esent case as noted above we find that the said principle is not applicable to the appellants. In the result, the application is rejected. Ed. This Case is also Reported in: 51 DLR (1999) 207...

Category: Criminal Law | Date: | Hits: 35

Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)

....titioners calling upon the State opposite party to show cause as to why they should not be enlarged on bail in Sessions Case No. 633 of 1996 pending in the 3rd Court of the Additional Sessions Judge, Dhaka. 2. Learned Advocate for the petitioners made extensive submissions after referring to the ......ons made above. Ed. This Case is also Reported in: 51 DLR (1999) 199.......so Reported in: 51 DLR (1999) 199.......rar is directed to send copy of this judgment to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199...

Category: Criminal Law | Date: | Hits: 33