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State vs. Md. Monwar Hossain Dipzol, 2009, 38 CLC (AD)

.... Court Division then considered the other matter and noticed "In Criminal Miscellaneous Case No. 422 of 2007 the petitioner has inscribed further draft copies of the license as has been issued by the Deputy Commissioner, Dhaka, in respect of the seized Arms wherefrom it appears that the draft copy o......ned Additional Attorney General on behalf of the petitioner. Accordingly, this leave petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 171, 16 MLR (AD) (2011) 396. ...... Rahman, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 226 of 2009. Judgment BK Das J. - This petition for leave to appeal is directed against the judgment and order dated 26.04.2009 passed by a Division Bench of the High Court Division in Criminal Miscell......¦â€¦â€¦â€¦â€¦â€¦.Petitioner VS. Md. Monwar Hossain Dipzol………………………Respondent Judgment December 15, 2009. Lawyers Involved: A.K.M. Zahiml Haque, Additional Attorney General instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Khondaker Mahbub ..

Category: Criminal Law | Date: | Hits: 67

Bangladesh Vs. Goutam Kumar Saha and others, 2009, 38 CLC (AD)

.... Inspector of Police and Sub-Inspector of Police. In absence of any public interest or in absence of any reason we find that the impugned orders are apparently illegal. Though we asked the learned Deputy Attorney General to bring the record from the office of the respondents to satisfy us about t......e. Thus we do not find any substances in the application. Accordingly both the petitions are dismissed without any order as to costs. Ed. This Case is also Reported in: 19 BLT (AD) (2011)169.......ul Amin CJ Mohammad Fazlul Karim J Shah Abu Nayeem Mominur Rahman J BK Das J Bangladesh……………………………………Petitioner (In both the cases) Vs. Goutam Kumar Saha and others……………...Respondents (In Civil Petition No.2382 of 2009) Md. Abdul Gaffar Chow......, represented by the Secretary, Ministry of Food and others, 4 MLR (AD)359; M A Gafur and another Vs. Government of Bangladesh 56 DLR (AD) 205. Lawyers Involved: Murad Reza, Additional Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioner (In both cases) ..

Category: Employment/Service Law | Date: | Hits: 47

National Engineers Ltd. Vs. Director, Military Lands and Cantonment Directorate and others, 1991, 20 CLC (HCD)

.... 1984, Annexure‑5. The Respondents further denied that truth of the allegation that the premium and rent are arbitrarily fixed and that it was mala fide and states that the same was assessed by the Deputy Commissioner, Dhaka at the prevailing market price. The Ministry of Industry by a letter date......ondents in issuing notices? Our answer is in the negative. For the above discussion, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 144. ...... High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Mahmudul Amin Choudhury J National Engineers Ltd.…………Petitioner Vs. Director, Military Lands and Cantonment Directorate and others ……..Respondents Judgment August 27, 1991. Ca......ioner U.P. Allahabad Vs. Ram Kumar, (1976) (supp) SCR 532. Lawyers Involved: Syed Ishtiaq Ahmed with Mahmudul Islam, Advocates ‑For the Petitioner. Abdul Wadud Bhuiyan, Additional Attorney General with QA Hossain, Assistant Attorney General ‑ For the Respondents. Writ Petition No.121..

Category: Property Law | Date: | Hits: 92

Taslimuddin alias Tasir and others Vs. State, 1991, 20 CLC (HCD)

....lias Tasir, Nawshad Ali, Mafazzal Hossain and Abdus Salam be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 136.......lias Tasir, Nawshad Ali, Mafazzal Hossain and Abdus Salam be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 136.......ported in: 44 DLR (HCD) (1992) 136.......(SC) 286. Lawyers Involved: Habibul Islam Bhuiyan with Md. Asaduzzaman & with Md. Aminul Islam Chowdhury, Advocates ‑For Condemned Prisoner. SMM Elahi with SA Hasan, Assistant Attorney General with syed Ziaul Karim, Advocates ‑ For the State. Death Reference No.8 of 1988 (Rangpur..

Category: Criminal Law | Date: | Hits: 76

Bangladesh and others Vs. Abdul Aziz, 2011, 40 CLC (HCD)

....revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897.......revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897.......LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897.......8; Abul Hossain Vs. Amjad Hossain, 62 DLR (AD) 436; Hridoy Ranjan Day the another Vs. Niranjan Dey and others in 6 MLR (AD) 26=54 DLR (AD) 16. Lawyers Involved: Salma Rahman, Assistant Attorney-General with Towhida Khntun, Assistant Attorney-General-For the Petitioners. Rezina Mahmud, Advoc..

Category: Procedural Law | Date: | Hits: 72

Ruhul Amin & others Vs. State, 2011, 40 CLC (HCD)

.... is discharged. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the judgment and order at once. This Case is also Reported in: 16 BLC (2011) 896....... is discharged. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the judgment and order at once. This Case is also Reported in: 16 BLC (2011) 896.......m, Assistant Attorney-General—For the Opposite Party. Criminal Revision No.1100 of 1993. Judgment Syed Md Ziaul Karim J.- By this Rule, the accused petitioners have challenged the legality and propriety of the order of framing charge dated 10-7-1993 against them under sections 3, 4 of the......................................................Opposite-Party Judgment January 23, 2011. Lawyers Involved: No one Appears—For the Petitioners. Md. Moniruzzaman, Assistant Attorney-General with Kazi Md. Mahmudul Karim, Assistant Attorney-General—For the Opposite Party. Crimin..

Category: Criminal Law | Date: | Hits: 71

Afrin Akter Vs. Bangladesh and other, 2011, 40 CLC (HCD)

....ioner Vs. Bangladesh and other............................Respondents Judgment January 18, 2011. Lawyers Involved: SM Rezaul Karim, Advocate-For the Petitioner. Karunamoy Chakma, Deputy Attorney-General-For the Respondent. Writ Petition No. 3719 of 2010. Judgment Md. Ma...... the Ministry of Health, respondent No.1, Civil Surgeon-Pirojpur and the concerned Officer of Upazilla-Najirpur, District-Pirojpur at once. Ed. This Case is also Reported in: 16 BLC (2011) 884. ......r at once. Ed. This Case is also Reported in: 16 BLC (2011) 884. ......Bangladesh and other............................Respondents Judgment January 18, 2011. Lawyers Involved: SM Rezaul Karim, Advocate-For the Petitioner. Karunamoy Chakma, Deputy Attorney-General-For the Respondent. Writ Petition No. 3719 of 2010. Judgment Md. Mamtaz Uddin Ahmed..

Category: Employment/Service Law | Date: | Hits: 91

Sunil Chandra Chowdhury Vs. Elders Limited and another, 2011, 40 CLC (AD)

....t Division infructuous and this action of the contemner amounts to Contempt of Court. 6. Being aggrieved by and dissatisfied with this judgment and order the contemner Sunil Chandra Chowdhury, the Deputy Registrar of Trade Marks has preferred this appeal on the main con­tentions that the High Co......pt of Court and sentencing him to pay a fine of Taka 2,000, in default, to suffer simple imprisonment for 15(fifteen) days be set aside. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 11. ......Md. Muzammel Hossain CJ Surendra Kumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Iraman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Sunil Chandra Chowdhury.................................Appellant Vs. Elders Limited and another............pt of Court and sentencing him to pay a fine of Taka 2,000, in default, to suffer simple imprisonment for 15(fifteen) days be set aside. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 11. ..

Category: Intellectual Property Law | Date: | Hits: 270

Nasir Uddin Vs. State, represented by the Deputy Commis­sioner, Narayanganj, 2011, 40 CLC (AD)

.... Syed Mahmud Hossain J Md. Imman All J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Nasir Uddin.............................................Petitioner Vs. State, represented by the Deputy Commis­sioner, Narayanganj ..........Respondent Judgment August 14, 2011. Lawyers I......e High Court Division suffers from no illegality or impropriety and, as such, this crimi­nal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 1. ......n, Advocate instructed by AKM Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented—the Respondent. Criminal Petition for Leave to Appeal No. 405 of 2009. (From the judgment and order dated 12-8-2009 passed by the High Court Division in Criminal Appeal No. 4850 of 2005) ......e High Court Division suffers from no illegality or impropriety and, as such, this crimi­nal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 1. ..

Category: Criminal Law | Date: | Hits: 64

State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)

....er Vs. The State, PLD 1969 SC 89; Md. Bashir Vs. The State, Supreme Court Monthly Report (1970) Voll. III, 351; Md. Rafiq Vs.. The State, PLD (1974) SC 65. Lawyers Involved: F.R.M. Nazmul Hasan Deputy Attorney General with Md. Moniruzzaman Assistant Attorney General, S.M. Asad Ullah Tarique, A...... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310.  ......isdiction)   Present: Mashuque Hosain Ahmed J M. Enayetur Rahim J The State ………………………………………………………………..Appellants Vs. Ashraf Ali and others ………………………………………………Respondent Ashraf Ali and others......, PLD 1969 SC 89; Md. Bashir Vs. The State, Supreme Court Monthly Report (1970) Voll. III, 351; Md. Rafiq Vs.. The State, PLD (1974) SC 65. Lawyers Involved: F.R.M. Nazmul Hasan Deputy Attorney General with Md. Moniruzzaman Assistant Attorney General, S.M. Asad Ullah Tarique, Assistant Attorne..

Category: Criminal Law | Date: | Hits: 82

Subodh Ranjan and others Vs. State, 1993, 22 CLC (HCD)

.... he would smuggle gold to India. Then he contracted P.W.12, the Magistrate, over phone to accompany him in the search. Accordingly Captain Wadud, P.W.1 Naik Subedar Mokles and 8/10 BDR sepoys came to Deputy Commissioner's Office and took P.W.12 Magistrate and at 3‑30 PM came to 'Lutfa House' at Mo......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....... This Case is also Reported in: 45 DLR (HCD) (1993) 521.......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

SM Naimul Hoque Vs. Additional Deputy Commi­ssioner (City) Dacca and others, 1981, 10 CLC (HCD)

....igh Court Division (Special Original Jurisdiction) Present: Syed Muhammad Husain J Latifur Rahman J SM Naimul Hoque ...................................Petitioner Vs. Additional Deputy Commi­ssioner (City) Dacca and others ……………Respondents Judgment January 29, ......que, the present petitioner herein forthwith. With the aforesaid direction this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 520.......ginal Jurisdiction) Present: Syed Muhammad Husain J Latifur Rahman J SM Naimul Hoque ...................................Petitioner Vs. Additional Deputy Commi­ssioner (City) Dacca and others ……………Respondents Judgment January 29, 1981. Lawyers Involved: MI Fa......que, the present petitioner herein forthwith. With the aforesaid direction this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 520...

Category: Property Law | Date: | Hits: 65

Hemendra Lal Homoeopathic Databya Chikitshalay and another Vs. The Administrator General and Official Trustee, 1991, 20 CLC (HCD)

....t since the settler Sakhi Lal Roy Chowdhury had left no heir in Bangladesh to manage and administer the trust he may be appointed trustee and the respondent opposite party No.2 namely, the Additional Deputy Commissioner appointed the Thana Revenue Officer 4.8.86 as trustee of "Hemondra Lal Databya C...... 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. ......Reported in: 45 DLR (HCD) (1993) 512. ......h Court Division (Civil Appellate Jurisdiction) Present: Mainur Reza Chowdhury J Hemendra Lal Homoeopathic Databya Chikitshalay and another………Appellants Vs. The Administrator General and Official Trustee...................Respondent Judgment January 16, 1991. Lawyer..

Category: Trust/Waqf Law | Date: | Hits: 183

Bangladesh Service Limited Vs. The Commissioner of Taxes, Dhaka (North) Zone, Dhaka, 1992, 21 CLC (HCD)

....aimed under section 10(2)(vi) of the Income Tax Act, 1922. These are as follows: "(I) Whether the Tribunal could have gone into the settled question of depreciation allowed to the applicant by the Deputy Commissioner of Taxes while considering an appeal against arbitrary determination of the valu......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. ......he Act on the ground that as the applicant only became the owner of the property in 1973 but the depreciation under section 10(2)(vi) was only allowable with effect from the assessment year 1974‑75 and not prior to that ? (III) Whether the Tribunal in deciding the question of depreciation under......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)

....€¦â€¦... Respondents Judgment October 12, 2011. Case Referred to- Abdus Salam Master alias Salam and another Vs. The State, 36 DLR (AD) 58. Lawyers Involved: Khandaker Diliruzzaman, Deputy Attorney General, instructed by B. Hossain Advocate-on-Record - For the Appellant. Yousuf ......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: ...... Md. Momtazuddin Ahmed J Md. Shamsul Huda J The State…………………………………………………………………………Appellant Vs. Sree Ram Krisna Nath (Ram Babu) and another……... Respondents Judgment October 12, 2011. Case Referred to- Abdus Sala......ents Judgment October 12, 2011. Case Referred to- Abdus Salam Master alias Salam and another Vs. The State, 36 DLR (AD) 58. Lawyers Involved: Khandaker Diliruzzaman, Deputy Attorney General, instructed by B. Hossain Advocate-on-Record - For the Appellant. Yousuf Hossain Humayun,..

Category: Criminal Law | Date: | Hits: 83

Md. Nazimuddin Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)

....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. ......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. ......ahmud 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 Referred to- ......e and filed an application stating that his S.S.C. certificate was lost. After that, D.R.M., Paksey forwarded the petitioner’s application, service book and copy of objection of audit report to the General Manager, Bangladesh Railway, West, Rajshahi to ascertain the correct date of birth of the pe..

Category: Administrative Law | Date: | Hits: 196

Jiban Bima Corporation and another Vs. A.K.M. Harun-Or-Rashid and others, 2011, 40 CLC (AD)

.... 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: ...... 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: ......zammel Hossain CJ Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Momtazuddin Ahmed J Md. Shamsul Huda J Jiban Bima Corporation and another……………………..Appellants Vs. A.K.M. Harun-Or-Rashid and others………......ffect from 1.6.1977. On 3.1.2002 the writ petitioner was asked to submit his matriculation certificate which, according to him he had submitted earlier. To his surprise, the writ respondent No.3, the General Manager, Administration, Jiban Bima Corporation sent a letter to the writ petitioner dated 1..

Category: Employment/Service Law | Date: | Hits: 58

Khapan Bittahin Co-operative Society Ltd. Vs. Nagendra Mahisya Das, Secretary, Nijkurua Matsyajibi Samabaya Samity Ltd. and others, 1991, 20 CLC (HCD)

....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.......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....... Habibur Rahman J Mainur Reza Chowdhury J Khapan Bittahin Co-operative Society Ltd……………Petitioner Vs. Nagendra Mahisya Das, Secretary, Nijkurua Matsyajibi Samabaya Samity Ltd. and others………………Represented. Judgment December 12, 1991. Cases Referred to- ......70 PLD (SC) 1; Sabitri Takurani Vs. Savi, 1921 AIR (PC) 80; Thakur Prasad Vs. Fakirulla, ILR 17 Allahabad 106; Neerala Tea Estwo Vs. Govt., 41 DLR 90; National Telephone Company Ltd. Vs. Postmaster­ General (1); Abul Khair Mia Vs. Abdul Latif Sardar, 32 DLR (AD) 167; Abdul Rouf Vs. Abdul Hamid Khan..

Category: Civil Law | Date: | Hits: 87

Commissioner of Taxes Vs. Md. Hasanuzzaman, 1993, 22 CLC (HCD)

....y to appear before the Assistant Commissioner of Taxes. The Tribunal found from facts that the assessee “prayed for time for hearing on 14.5.1981 but the assessee did not receive any reply from the Deputy Commissioner of Taxes nor any notice was served on him on his petition before the Deputy Comm...... 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.......ment refers the following question of law for our decision: (1) Whether the Taxes Appellate Tribunal is justified in annulling the assessment. 2. The assessee for the assessment years 1977‑78 and 78‑79 submitted returns of income. Notices under sections 23(2), 22(4) were issued but as the ...... 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

Yunus Mia (Md.) and others Vs. Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh and others, 1991, 20 CLC (HCD)

....overnment of Bangladesh and others.........................Respondents Judgment April 28, 1991. Lawyers Involved: Khademul Islam Chowdhury, Advocate ‑ For the Petitioners Hasan Arif, Deputy Attorney‑General with Delwar Hossain, Assistant Attorney‑General ‑ For the Respondents.......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.......lso Reported in: 45 DLR (HCD) (1993) 498.......adesh and others.........................Respondents Judgment April 28, 1991. Lawyers Involved: Khademul Islam Chowdhury, Advocate ‑ For the Petitioners Hasan Arif, Deputy Attorney‑General with Delwar Hossain, Assistant Attorney‑General ‑ For the Respondents. Writ Petition ..

Category: Property Law | Date: | Hits: 79