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Government of Bangladesh and others Vs. Md. Enamul Kabir and another, 2010, 39 CLC (AD)
.... (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Government of Bangladesh and others …......Petitioners (In both the cases) Vs. Md. Enamul Kabir and anothe......d therefore the petitioners have no reason to be aggrieved. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 118. ......cted by A. K. M. Shahidul Huq, Advocate-on-Record-For Respondent No.1 (In Civil Petition No. 847 of 2010). Not represented-Respondent Nos.2-9 (In Civil Petition No. 847 of 2010.) Civil Petition for Leave to Appeal Nos.2515 of 2009 with 847 of 2010. (From the judgment and order dated 02.11.2......d therefore the petitioners have no reason to be aggrieved. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 118. ..Category: Others | Date: | Hits: 165
..... Abdul Matin J
Shah Abu Nayeem Mominur Rahman J
ABM Khairul Haque J
Advocate Alauddin Khan and others…………..............Petitioners
Vs.
Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Mymensingh………………......Respondent
......nings.
Under such circumstances, this petition for Review has got no substance and it is dismissed with the aforesaid observation.
Ed.
This Case is also Reported in: VIII ADC (2011) 114.
......e-on-Record-For the Petitioners.
Not Represented-the Respondent.
Civil Review Petition No.137 of 2008.
(From the Judgment and order dated 14.07.2008 passed by this Division in Civil Petition for Leave to Appeal No. 1768 of 2007)
Judgment
ABM Khairul Haque J. - This review petition for......nings.
Under such circumstances, this petition for Review has got no substance and it is dismissed with the aforesaid observation.
Ed.
This Case is also Reported in: VIII ADC (2011) 114.
..
Category: Limitation Law | Date: | Hits: 165
Shah Ahmed Vs. Muhammad Abdullah and others, 2010, 39 CLC (AD)
....ment of the disputed property as Waqf property because Jinnat Ali had no interest in it, but the enrolment was not made since file of E.C. No. 4401 was called for by Ministry of LA and L.R., Govt. of Bangladesh. Accordingly the enrolment application was disposed of by the Administrator of Waqf on 30...... Miscellaneous Case No.173 of 1986 and that the learned Additional District Judge will be at liberty to dispose of the said case on merit. Ed. This Case is also Reported in: VIII ADC (2011)106. ......r Respondent No.1 Not represented-Respondent Nos. 2-6. Civil Review Petition No. 159 of 2009. (From the judgment and order dated 24.03.2009 passed by the Appellate Division in Civil Petition for Leave to Appeal No.60 of 2008) Judgment SK Sinha J. - This review petition at the instance...... Miscellaneous Case No.173 of 1986 and that the learned Additional District Judge will be at liberty to dispose of the said case on merit. Ed. This Case is also Reported in: VIII ADC (2011)106. ..Category: Trust/Waqf Law | Date: | Hits: 171
State Vs. Md. Kaloo, 2003, 32 CLC (HCD)
....e be executed in terms of the judgment. 19. Copy forwarded for information and necessary action to: a. Nari-o-Shishu Nirjatan Bishesh Adalat, Jessore; b. Secretary, Ministry of Home Affairs. Bangladesh Secretariat, Dhaka; c. Inspector General of Police, Dhaka and d. Superintendent of ......ariat, Dhaka; c. Inspector General of Police, Dhaka and d. Superintendent of Police, Jessore. Lower Courts Record be sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 638....... and revolting crime had been committed on 1-1-1997 in the house of husband Md. Kaloo at village Chhota Sheikh Hati, Police Station Kotwali, District Jessore. Rashida Khatoon, mother of Kohinur and informant, indicted Md. Kaloo, husband of her deceased daughter Kohinur Khatoon and killer of her daug......ariat, Dhaka; c. Inspector General of Police, Dhaka and d. Superintendent of Police, Jessore. Lower Courts Record be sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 638...Category: Criminal Law | Date: | Hits: 45
State Vs. Shaiokh Abdur Rahman and others, 2006, 35 CLC (HCD)
..... 6. On receipt of the first information report the Jhalakati Police took up the investigation. It was revealed in the investigation that the said Mamun and other members of the Jamatul Mojahidin. Bangladesh (shortly JMB), previously banned by the Government, had, in a pre-planned manner, caused ......sions Judge, Jhalakati in Sessions Case No. 28 of 2006 is affirmed. The Jail Appeal No. 457 of 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ......Md. Ali Asgar Khan J. - This Death Reference under section 374 of the Code of Criminal Procedure (shortly referred to as the Cr.P.C.) has been made by the learned Additional Sessions Judge, Jhalakati for confirmation of the sentence of death imposed upon seven persons in terms of the judgment and or......sions Judge, Jhalakati in Sessions Case No. 28 of 2006 is affirmed. The Jail Appeal No. 457 of 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ..Category: Criminal Law | Date: | Hits: 224
Hiru Mia Vs. State, 2005, 34 CLC (HCD)
....read with its preamble will make the position clear. Section 1(2) of the Code relates to the extent of applicability of the Code to a special law. It reads as under: "1.(2) It extends to the whole of Bangladesh, but in absence of any specific provision to the contrary, nothing herein contained shall......l appellant's custody before the conviction. Send down the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607.......e judgment and order dated 8-1-2004 passed by the learned Additional Sessions Judge and Anti-Smuggling Tribunal, Sylhet in Special Tribunal Case No. 212 of 2000 convicting the jail appellant Hiru Mia for the offence punishable under sections 19(a) and 19(f) of the Arms Act and sentencing him there u......l appellant's custody before the conviction. Send down the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607...Category: Criminal Law | Date: | Hits: 63
Ershad Ali (Md.) and another Vs. Rampada Das & others, 2004, 33 CLC (HCD)
....scharged with cost. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 593.......scharged with cost. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 593....... No. 1 of 2000, which allowed pre-emption. 2. Respondent No. 1 on 2-9-97 made an application under section 96 of the State Acquisition and Tenancy Act, 1950 being Miscellaneous Case No. 25 of 1997 for pre-emption of transfer of the case land measuring about 2.89 acres of land appertaining to SA K......scharged with cost. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 593...Category: Property Law | Date: | Hits: 69
Abdul Aziz (Md.) Vs. Sonia Pervin Liza (Minor), 2006, 35 CLC (HCD)
....d in study" in addition to infirmity or disease. 28. In this connection we refer Mosala No. 12 stated in page No. 702 of Fatawi Alamgiri (second part) translated and edited by Islamic Foundation, Bangladesh, which runs as follows: পুত্র সন্তান যদি উপাযন ......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. ......in Liza (Minor) as plaintiff filed the Family Suit No. 13 of 1997 in the Family Court and Assistant Judge Court, Shaturia, Manikganj against the petitioner Md. Abdul Aziz, impleading him as defendant for realisation of maintenance under section 5(d) of the Family Courts Ordinance, 1985. 3. The ca......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)
....tnesses cited in the charge-sheet. The defence cross-examined all the 22 PW's, and their evidence is briefly presented in the following paragraphs. 12. PW 1 Md. Mojibur Rahman, Additional SP, CID Bangladesh is the informant of this case and also the Investigating Officer (10). He was firstly exa...... 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. ......on 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 Islam al...... 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
Kazi Md. Shafiqur Rahman Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....preme Court High Court Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Zinat Ara J Kazi Md. Shafiqur Rahman………………………………Petitioner Vs. Bangladesh and others ………………………………….Respondents. Judgment November 2......Bichar-6/2N- 35/76 dated 25-4-2001 is declared to have been made without lawful authority and is of no legal effect. No order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 534.......l, Alim, Fazil and Kamil examinations in the year of 1982, 1984, 1987 and 1989 respectively. The petitioner filed an application on 6-10-1997 to the Ministry of Law, Justice and Parliamentary Affairs for appointment as the Nikah Registrar for No. 3, Raikot Union Parishad. The petitioner is the perma......Bichar-6/2N- 35/76 dated 25-4-2001 is declared to have been made without lawful authority and is of no legal effect. No order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 534...Category: Employment/Service Law | Date: | Hits: 81
Eskayef Bangladesh Ltd. Vs. Commissioner of Taxes, 2004, 33 CLC (HCD)
....o costs. Ed. This Case is also Reported in: 58 DLR (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. ......n carrying on its business of manufacturing, processing and marketing their own medicines and was assessed to tax under the Income Tax Ordinance, 1984 (hereinafter referred to as the Ordinance, 1984) for the assessment year 1995-96 by the DCT upon a total income of Taka 2,84,52,550 against disclosed......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)
....ent in the same way another 14 Kg heroin was exported in beauty shop and tissue paper cartons which was detected in London and, after recovery, the British High Commission requested the Government of Bangladesh to inquire into these matters. The Ministry of Home Affairs, Government of Bangladesh inq......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.......ted 21-4-2006 under section 19(1) (1)(Kha) of the Narcotics Control Act, 1990 corresponding to GR No. 259 of 2006 now pending in the Court of Chief Metropolitan Magistrate, Dhaka rejecting the prayer for bail. 2. The facts involved for disposal of the Rule are as follows: 3. The prosecution case,......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
Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)
....e Province Lorribarde, [1992] 1 Bank LR 251; Itek Corporation Vs. First National Bank of Boston, 566 Fed Supp 1210; National Thermal Power Corporation Ltd. Vs. Flowmore Pvt. Ltd. [1995] 4 SCC 515 and Bangladesh Vs. Israil Ali, 1981 BLD (AD) 371; Maurice o' Meara Co Vs. National Park Bank of New York......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. ......and Mastas, [1966) 2 Lloyd's Rep 495; Uttara Bank Vs. Macneil and Kilburn Ltd and others, 33 DLR (AD) 298; Bangladesh Vs. Israil Ali, 1981 BLD (AD) 371: Janata Bank Vs. Ahmedia Garments 40 DLR 72; Comforts Apparel Vs. Imperial Knitting Industries Ltd and others, 52 DLR 350; Chartkar Information Hold......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)
.... Chowdhury J AM Ziaul Hoque……………………………………………………………………………………..Petitioner Vs. Government of the People's Republic of Bangladesh and others………Respondents Judgment April 20, 2004. Lawyers invo...... 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. ......he Petitioner. M R Hasan, Advocate-For Respondent Nos. 2‑4. Writ Petition No. 6403 of 2003. Judgment Shah Abu Nayeem Mominur Rahman J.- While considering the application for vacating the order of stay, it appeared to us that instead of disposing of the application for v...... 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. ......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. ...... Julfikar Ali and Majar Ali took jote settlement by executing a registered Kabuliyat dated 15 Sravan, 1283 B.S. concerning an area of 1 hal, 2 kedars and 2 jasti at a rental of TK.4.50 per year and for arrear rents the landlord filed rent suit No. 132 of 1935 and got decree and while said Majar Al......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
.... 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.
Judgment
...... 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.
......
Md. Muzammel Hossain J. - This Rule Nisi was issued at the instance of the petitioner calling upon the respondents to show cause as to why inclusion of the petitioner Nos. 1 and 2 in the Credit Information Report as on 30-9-2002 (monthly)/ June 30, 2002 (Quarterly) being default Code No. 3912 is...... 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
Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....on (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. Cases Referred t......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. ......aval Contingent passed command from their ship on those vessels to halt but the vessels did not comply with the command and thereafter these three vessels were arrested by the Naval Contingent. The informant made a list of 42 crews of three vessels and then came to Patenga Police Station with the sa......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
Shawkat Ali (Md.) and others Vs. Divisional Forest Officer and others, 2006, 35 CLC (HCD)
.... Divisional Forest Officer and others………..Respondents. Judgment February 16, 2006. Cases Referred to- Jibendra Kishore Vs. East Pakistan, 9 DLR (SC) 21; Oali Ahad Vs. Government of Bangladesh, 26 DLR 376. Lawyers Involved: AF Hassan Ariff with Khaleda Zaman, Advocates— Fo...... The orders of stay granted earlier by this Court stand vacated. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 58 DLR (2006) 487. ......Rules are heard together and are being disposed of by this single judgment. 3. In Writ Petition No. 1605 of 2000 the petitioner being a citizen of Bangladesh has been engaged in running a Saw Mill for about 11 years with due permission and licence from the concerned authority. He has been doing t...... The orders of stay granted earlier by this Court stand vacated. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 58 DLR (2006) 487. ..Category: Environmental Law | Date: | Hits: 551
Ashique Jeans Apparels Ltd and another Vs. National Board of Revenue and another, 2005, 34 CLC (HCD)
....nd the same and/or such other or further order or orders passed as to this Court may seem fit and proper. 3. Both the petitioners are the limited companies incorporated under the companies laws of Bangladesh and are engaged in the business of producing and manufacturing various types of garments ...... 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. ......ah Vs. CIT (1969) 57 ITR 185; Wabbing & Belting Factory Pvt. Ltd. Vs. CIT (1961) 43 ITR, 234, 238; CIT Vs. Indian Aluminum Co. Ltd. (1973) 88 ITR 257, 276. Lawyers Involved: Mahmudul Hoque for Rokonuddin Mahmud, Advocate—For the Petitioners. Kazi Waliul Islam, Assistant Attorney-Gene...... 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
Abdur Rahim Chowkider @ Abdur Rahman Sheikh Vs. Raji Haider and others, 2006, 35 CLC (HCD)
.... decree affirming those of trial Court decreeing the suit are hereby set aside and the suit is dismissed. Send down the record at once. Ed. This Case is also Reported in: 58 DLR (2006) 470. ...... decree affirming those of trial Court decreeing the suit are hereby set aside and the suit is dismissed. Send down the record at once. Ed. This Case is also Reported in: 58 DLR (2006) 470. ......der and others…………………….Opposite Parties. Judgment June 28, 2006. Cases Referred to- 34 DLR (AD) 61; 49 DLR (AD) 73; 6 MLR 199. Lawyers Involved: Syed Mofizur Rahman for AH Md. Shahadat Ali Khan, Advocate—For the Petitioner. Sadananda Rana, Advocate—For Oppos...... decree affirming those of trial Court decreeing the suit are hereby set aside and the suit is dismissed. Send down the record at once. Ed. This Case is also Reported in: 58 DLR (2006) 470. ..Category: Property Law | Date: | Hits: 79
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