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Abdul Gafur Sarder and another Vs. State and ano­ther, 1982, 11 CLC (AD)

....ppellants' prayer for bail. For the aforesaid reason the appeal is allowed, ad interim bail granted to appellants are confirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 279. ...... 1982. Result: The appeal is allowed. Lawyers Involved: Abdul Malek Ukil, Advocate, instructed by A. Backkar, Advocate-on-Record - For the Appellants. A.W. Bhuiyan, Additional Attorney-General instructed by A.W. Mallik, Advocate-on-Record - For the Respondent 1. Criminal Appeal No.......ppellants' prayer for bail. For the aforesaid reason the appeal is allowed, ad interim bail granted to appellants are confirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 279. ......ppellants' prayer for bail. For the aforesaid reason the appeal is allowed, ad interim bail granted to appellants are confirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 279. ..

Category: Criminal Law | Date: | Hits: 97

Bakshu Mia Vs. Govt.of Bangla­desh and others, 1977, 6 CLC (AD)

....nda Shed Jamadar Vs. State (1975) 27 DLR 67. In both cases a large number of decisions have been considered and the law enunciated. In the case of Abdur Rah the withdrawal was sought by the Court Sub-Inspector upon a direction of the Superintendent of Police and the opinion of the public Prosecutor,......nda Shed Jamadar Vs. State (1975) 27 DLR 67. Lawyers Involved: Latifur Rahman, Advocate, instructed by Abdur Rab-2, Advocate on Record-For the Appellant. Sultan Hossain Khan, Deputy Attorney-General instructed by B. Hossain, Advocate on Record-For the Respondent No.1. Mainul Hossain, Adv......onsideration of this appeal. 2. The facts leading to the appeal are, that the appellant, a cousin of deceased Montazur Rahman Chowdhury lodged a first information report on 19-9-1974 at Biswannath Police Sta­tion, alleging that the accused named therein abducted and murdered Montazur Rahman Chow......Record-For the Added Respondent No. 4. Ex-parte—Respondents Nos.2 and 3. Civil Appeal No. 56 of 1977. (From the Judgment and Order dated the 11th January, 1977 passed by the High Court of Bangladesh in Writ Petition No.10 of 1977.) Judgment Kemaluddin Hossain J. - The question of a..

Category: Criminal Law | Date: | Hits: 99

Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Cor­poration Ltd., 1982, 11 CLC (AD)

.... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ......; Inland Revenue Commissioner Vs. Hanry Ansbacher & Co., (1962) 3 All ER 843; National Bank of Pakistan Vs. Fasihuzzaman, PLD 1964 KAR-92. Lawyers Involved: A.W. Bhuiya, Additional Attorney-General, B. Hossain, Assistant Attorney General with him instructed by A. W. Mallik, Advocate-on-Rec...... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ......urt Appellate Division (Civil) Present: FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Chairman, National Board of Revenue Bangladesh……………………Appellant Vs. M/s. GMG Cor­poration Ltd………………â..

Category: Fiscal/Taxation Law | Date: | Hits: 269

Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)

.... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ...... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......, 1988 QB 384; R Vs. Devizes Justices ex p Lee; DPP Vs. Head, 1959 AC 83; R Vs. Smith, 1984 Cr.L.R. 630; R Vs. Oxford Crown Court ex p Smith, 1989 2 Admin Law Report; Boddington Vs. British Transport Police; R Vs. Chief Constable of Merseyside ex p Calveley, 1986 Q.B. 424; State of Hariana Vs. Bhaja...... Court High Court Division (Special Original Jurisdiction) Present: AHM Shamsuddin Choudhury J Borhanuddin J Sheikh Hasina, Former Prime Minister and Chairman, ECNEC, Government of Bangladesh, daughter of the Father of the Nation, Late Bangabandhu Sheikh Mujibur Rahman, Village an..

Category: Criminal Law | Date: | Hits: 133

Md. Mohiuddin Chowdhury Vs. Rupali Bank Ltd. and others, 2011, 40 CLC (HCD)

.... without any order as to costs. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ...... without any order as to costs. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ...... without any order as to costs. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......f 2003 (arising out of Mortgage Suit No.33 of 1996) rejecting the petitioner’s application filed under section 20 of the Financial Institutions Act, 1993 for appointment of an audit commissioner by Bangladesh Bank to inspect and examine his C.C. account. 2. Facts relevant for disposal of the Ru..

Category: Civil Law | Date: | Hits: 129

Bangladesh Steel and Engineering Corporation and another Vs. Md. Masood Reza and others, 1977, 6 CLC (AD)

....any learned brother Mr. Justice Munim that these appeals should be dismissed. Order of the Court. The appeals are dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 169. ......ior Advocate, with M. Nurullah, Advocate, Mahmudul Islam, Advocate, instructed by Abu Backkar, Advocate-on-Record-For the Respondent Nos. 1-3 (In Civil Appeal No. 36 of 1976). K. A. Bakr, Attorney-General, with A.W. Bhuiyan, Assistant Attorney-General, instructed by M. R. Khan, Advocate-on-Record......any learned brother Mr. Justice Munim that these appeals should be dismissed. Order of the Court. The appeals are dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 169. ......) (1978) 169. ..

Category: Others | Date: | Hits: 154

Alhaj Md. Chowdhury Alam and others Vs. Md. Nasiruddin Shah and others, 2004, 33 CLC (AD)

.... above, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: ...... above, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: ...... above, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: ....... 2. The respondent No.1 as the writ petitioner moved the High Court Division challenging the Memo No.O:Pro:Dha:U/239(6) dated 7.1.2003 issued by the petitioner No.2, the Administrator of Waqf of Bangladesh constituting the Managing Committee of Hazrat Malek Pir Yamani (R) Nazar Waqf Estate (E.C..

Category: Trust/Waqf Law | Date: | Hits: 148

Md. Shahidullah (Kamal) Vs. Government of Bangladesh represented by Secretary, Local Government Division, Dhaka and others, 2006, 35 CLC (AD)

....ion made by Mr. Afric." Accordingly, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: ......law and arrived at a finding that: "In the instant case it appears, from the facts as placed by the Writ Petitioner and also from the relevant Government file placed by the learned Deputy Attorney General, that initially by the notification contained in SRO No.79 dated 13.5.1998, respondent No.1 ......ation dated 2.11.1998 issued by the respondent No.1. 2. The petitioner filed the writ petition stating, inter alia, that the petitioner is the Chairman elect of the Charsindur Union Parishad under Police Station Palash, District Narisingdi and is representing the inhabitants and voters of the sai...... JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Shahidullah (Kamal)……………………………………………………Petitioner Vs. Government of Bangladesh represented by Secretary, Local Government Division, Dhaka and others………………â€..

Category: Election Law | Date: | Hits: 190

Government of Bangladesh Vs. Syed Md. Hyder Ali and others, 2004, 33 CLC (AD)

....iciently explained. Accordingly we do not find any illegality in the impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: ...... Vs. Syed Md. Hyder Ali and others………………Respondents Judgment December 1, 2004. Result: The petition is dismissed. Lawyers Involved: Fida M. Kamal, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record- For the Petitioner Amir-ul-Islam, Senior ......iciently explained. Accordingly we do not find any illegality in the impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: ......sed. Ed. This Case is also Reported in: ..

Category: Procedural Law | Date: | Hits: 79

M/s. Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and others, 2003, 32 CLC (AD)

....s we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. This Case is also Reported in: ......s we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. This Case is also Reported in: ......s we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. This Case is also Reported in: ......he goods/garments. Thereafter a person came from Korea and conducted the inspection being employed by the defendant No.1 for and on behalf of the principal/buyer but suddenly and mysteriously he left Bangladesh without informing the plaintiff. At this stage they also took undue advantage of the sudd..

Category: Business or Commercial Law | Date: | Hits: 208

Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)

....fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ......umar was obtained by intimidation, threat and coereion in abnormal situation then prevailing in the country. But on a reference to the Proclamation dated 7th of April, 1979 it appears that Lieutenant General Ziaur Rahman was elected President of Bangladesh under the Constitution held on 3rd June, 19......rsons the plaintiffs forged a power of attorney purported to have been executed by Binodi Lal Biswas in order to grab the valuable property, that after the promulgation of Martial Law in 1975 Kotwali Police having been influenced by the plaintiffs threatened the defendant with dispossession and evic......coereion in abnormal situation then prevailing in the country. But on a reference to the Proclamation dated 7th of April, 1979 it appears that Lieutenant General Ziaur Rahman was elected President of Bangladesh under the Constitution held on 3rd June, 1978 and entered upon the office of President an..

Category: Procedural Law | Date: | Hits: 74

Babar Ali Prodhan Vs. Kinu Mia and others, 1979, 8 CLC (AD)

....al is allowed without any order as to costs. The judgment of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 323.......al is allowed without any order as to costs. The judgment of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 323.......al is allowed without any order as to costs. The judgment of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 323.......erests of the rent receiver shall vest absolutely in the Government free from all encumbrances. It is not disputed that on and from 14th April, 1956 rent receiving interest of all rent receiv­ers in Bangladesh were acquired under this section, and so the relationship of landlord and tenant so far a..

Category: Property Law | Date: | Hits: 60

Nuvista Pharma Limited Vs. National Board of Reve­nue and others, 2010, 39 CLC (HCD)

....ustoms, Excise and VAT North Commissionerate House, Dhaka will be at lib­erty to encash the bank guarantee. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 132. ...... Ajmalul Hossain, QC, Senior Advocate, ABM Siddiqur Rahman Khan, Affan Ahmed Siddiqi and Munnin Chowdhury, Advocates—For the Petitioner. SM Moniruzzaman with Kazi Zinat Haque, Assistant Attorney Generals—For the Respondent No.1. Writ Petition No. 4968 of 2007. (The above judgment has b......ustoms, Excise and VAT North Commissionerate House, Dhaka will be at lib­erty to encash the bank guarantee. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 132. ......e Nos. B1, C1, C2, C3, C4 and E1 in the Writ petition and Annexure No.I, J and K of the Supplementary Affidavit was stayed by this Division. 3. The background leading to this Rule is that Organon (Bangladesh) Limited, a pharmaceutical company was registered for VAT. There was a man­agement buyou..

Category: Fiscal/Taxation Law | Date: | Hits: 181

Christian Service Society (CSS) Vs. First Labour Court, Chittagong and others, 2008, 37 CLC (HCD)

....itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ......itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ......itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ...... Mahbubul Huq, Advocate—For the Respondents. Writ Petition No. 2429 of 2005 Judgment Mamnoon Rahman J.- In an application under Article 102 of the Constitution of the People's Republic of Bangladesh, the petitioner has chal­lenged the impugned judgment and order dated 30-11-2004 passed ..

Category: Labour and Industrial Law | Date: | Hits: 201

Abdur Rahman Vs. Md. Abdul Awal and others, 2009, 38 CLC (HCD)

....in Criminal Revision No. 13 of 2005 affirming those passed by the trial Court is hereby upheld. Send down the lower Courts records. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 80. ......Bakar Siddique, Advocate - For the Petitioner. Anisul Haque, Advocate with Ramzan Ali Shikder and Abu Khaled-al-Mamun, Advocates - For Opposite Party No. 1. Zahirul Hoque Zahir, Deputy Attorney General - For Opposite Party No. 2. Criminal Miscellaneous Case No. 560 of 2006. Judgment M......om Public Bank Ltd, Tetibazar Branch, Chittagong mortgaging the case land. 3. The Chief Metropolitan Magistrate, Chittagong hearing the first party, by an order dated 17-5-1997 directed the Bandar Police Station to enquire into the matter and submit its report. Bandar Police concluding investigat......in Criminal Revision No. 13 of 2005 affirming those passed by the trial Court is hereby upheld. Send down the lower Courts records. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 80. ..

Category: Criminal Law | Date: | Hits: 122

Commissioner of Income Tax and others Vs. M/S. Allynagar Tea Co. Ltd. and other, 1977, 6 CLC (AD)

....le Taxation between Pakistan and the United Kingdom. The result is that all these appeals are dis­missed with no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119.......le Taxation between Pakistan and the United Kingdom. The result is that all these appeals are dis­missed with no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119.......le Taxation between Pakistan and the United Kingdom. The result is that all these appeals are dis­missed with no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119.......le Taxation between Pakistan and the United Kingdom. The result is that all these appeals are dis­missed with no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119...

Category: Fiscal/Taxation Law | Date: | Hits: 143

Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)

....-1974 the appellants can be tried by the Special Tribunal under the Special Powers Act (Act XIV of 1974 herein­after called the Act) which came into force on 9-2-1974. 2. The facts are that a Sub-Inspector of Police named Abdur Razzaque, attached to Po­lice Station Kotwali, Dacca lodged a first......Tribunal having taken cognizance of the offences on the said charge-sheet acted with­out jurisdiction. 4. In reply to the argument advanced by ap­pellant’s Counsel, the learned Deputy Attorney-General argued that if the offences in respect of which the charge-sheet has been submitted against ......ellants can be tried by the Special Tribunal under the Special Powers Act (Act XIV of 1974 herein­after called the Act) which came into force on 9-2-1974. 2. The facts are that a Sub-Inspector of Police named Abdur Razzaque, attached to Po­lice Station Kotwali, Dacca lodged a first infor­matio......The relevant part of section 36 of the Act reads as under: 36. Repeals and Savings.- (1) The Security Act, 1952, (XXXV of 1952) the Public Safety Ordinance 1958 (E.P. Old. LXXVIII of 1958) and the Bangladesh Scheduled Offences (Special Tribunal) Order, 1972 (P.O. 50 of 1972), are hereby repealed...

Category: Criminal Law | Date: | Hits: 76

Sattyendra Sutradhar Vs. Md. Zillu Miah and others, 2012, 41 CLC (AD)

....- is to be deposit­ed within 1 (one) month. The petitioner is permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 386. ......- is to be deposit­ed within 1 (one) month. The petitioner is permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 386. ...... the court of Senior Assistant Judge, Sarail, Brahmanbaria praying for pre-emption of the land measuring an area of 0.05 acre appertaining to plot No.1273 of S. A. khatian No.233 of mouza Bahadurpur, Police Station-Sarail, District-Brahmanbaria as described in schedule-'Ka' to the application. 4.......- is to be deposit­ed within 1 (one) month. The petitioner is permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 386. ..

Category: Property Law | Date: | Hits: 93

Government of Bangladesh and others Vs. G. M. M. Mizanuar Rahman Bhuiyan and others, 2011, 40 CLC (AD)

.... file con­cise statement within 6(six) weeks and 1(one) week thereafter the respondent shall file concise statement to make the appeal ready. Ed. This Case is also Reported in: 9 ADC (2012) 381.......ayum and others....................Respondents (In Civil Petition No.1798 of 2010) Order August 9, 2011. Result: Leave is granted. Lawyers Involved: Rajik-Al-Jalil, Deputy Attorney General instructed by B. Hossain, Advocate-on-Record—For the Petitioners (In all the cases). Ab...... file con­cise statement within 6(six) weeks and 1(one) week thereafter the respondent shall file concise statement to make the appeal ready. Ed. This Case is also Reported in: 9 ADC (2012) 381.......urendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh, repre­sented by Secretary, Ministry of Education, Bangladesh Secretariat, Ramna, Dhaka ..

Category: Employment/Service Law | Date: | Hits: 133

Bangladesh Sugar and Food Industries Corporation and others Vs. Md. Shamsuddin Sheikh, 2011, 40 CLC (AD)

.... judgment and order dated 20.05.2010 passed by the High Court Division in Writ Petition No.6790 of 2005 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 368.......e case, in brief, are that the writ petitioner, respondent herein, joined Bangladesh Sugar and Food Industries Corporation on 18.03.1978 as Assistant Chemist and worked in various places including as General Manager (Factory) in Rangpur Sugar Mills at Mohimagonj of Gaibanda. On 31.03.2004 personnel ...... judgment and order dated 20.05.2010 passed by the High Court Division in Writ Petition No.6790 of 2005 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 368.......l) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abdul Wahhah Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Bangladesh Sugar and Food Industries Corporation and others....................Petitioners Vs. ..

Category: Employment/Service Law | Date: | Hits: 180