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

....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...... This Case is also Reported in: 50 DLR (HCD) (1998) 286. ...... on a reference to the chircuit (চিরকুট) Ext.4 acknowledging payment of rent for the month of October and November, 1977, the signature of Bidhan Kumar dated 28-11-77 thereon witnessed by Abdul Halim Sarder who is none else than the Sub-Editor of the Daily Janamat of which Bidhan Kumar i......AD) 205; Abdus Sattar Vs. Mohiuddin, 38 DLR (AD) 97=1986 BLD (AD) 224; B Kunwar Vs. Ranjit Singh, AIR 1915 (PC) 96; 42 I.A. 202; Lala Singh Vs. Mohipal Singh, 1889 AWN 149. Lawyers Involved: MA Wahab Miah with Anwarul Azim Khair Manna and Obaidul Hasan, Advocates - For the Petitioner. Muhum..

Category: Procedural Law | Date: | Hits: 74

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

....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......in: 31 DLR (AD) (1979) 323.......Ali Prodhan…………………Appellant Vs. Kinu Mia and others………………….Respondents Judgment June 21, 1979. Result: The appeal is allowed. Cases Referred to- Abdul Hamid Vs. Ali Baksha Mondal, (1968) 20 DLR 699; Sultan Ahmed Vs. Hazera Khatoon, Civil Revisio......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...

Category: Property Law | Date: | Hits: 60

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

....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......reme Court High Court Division (Special original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Nuvista Pharma Limited................................Petitioner Vs. National Board of Reve­nue and others...........Respondents Judgment October 27, 2010......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. ......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. ..

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

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

.... 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 ......t High Court Division (Special original Jurisdiction) Present: Mirza Hussain Haider J Mamnoon Rahman J Christian Service Society (CSS)................................Petitioner Vs. First Labour Court, Chittagong and others................Respondents Judgment January ......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. ..

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

Golam Mowla Vs. Abdul Hashem, 2009, 38 CLC (HCD)

....judgment and decree of trial Court are restored and thereby, the suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 85. ......se is also Reported in: 15 BLC (HCD) (2010) 85. ......lso Reported in: 15 BLC (HCD) (2010) 85. ......judgment and decree of trial Court are restored and thereby, the suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 85. ..

Category: Property Law | Date: | Hits: 88

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. ......5 BLC (HCD) (2010) 80. ...... (2010) 80. ......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

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

....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.......ent: Syed ABM Husain CJ Ahsanuildin Chowddury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Mr. Mosharraf Hossaian and another……………...Appellants Vs. The State...........................................Respondents Judgment May 25, 1977. ......e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112.......e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112...

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. ......Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Sattyendra Sutradhar........................................Petitioner Vs. Md. Zillu Miah and others...................................Respondents Order February......rdance 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. ..

Category: Property Law | Date: | Hits: 93

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

....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 ......msul Huda J Government of Bangladesh, repre­sented by Secretary, Ministry of Education, Bangladesh Secretariat, Ramna, Dhaka and others...........................Petitioners (In all the cases) Vs. G. M. M. Mizanuar Rahman Bhuiyan and others.........Respondents (In Civil Petition No.1488 of......ke the appeal ready. Ed. This Case is also Reported in: 9 ADC (2012) 381....... 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...

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

Sona Miah and others Vs. Abed Ali and others, 2012, 41 CLC (AD)

.... final decree of the partition suit has not been passed. This civil petition for leave to appeal be disposed of with the above observation. Ed. This Case is also Reported in: 9 ADC (2012) 377.......ul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Sona Miah and others..............................................Petitioners Vs. Abed Ali and others................................................Respondents Judgment ......e above observation. Ed. This Case is also Reported in: 9 ADC (2012) 377....... final decree of the partition suit has not been passed. This civil petition for leave to appeal be disposed of with the above observation. Ed. This Case is also Reported in: 9 ADC (2012) 377...

Category: Property Law | Date: | Hits: 84

Md. Hanifuddin and another Vs. Abdul Mannan and others, 2012, 41 CLC (AD)

....Court in accor­dance with Rules. The parties are directed to maintain status-quo in respect of the suit land till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 372........ Hanifuddin and another..................Petitioners (In Civil Petition No. 2512 of 2009) Hajee Abdul Majid................................Petitioner (In Civil Petition Nos. 2513-2514 of 2009) Vs. Abdul Mannan and others....................Respondents (In Civil Petition No. 2512 & 2514......t of the suit land till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 372.......Court in accor­dance with Rules. The parties are directed to maintain status-quo in respect of the suit land till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 372...

Category: Property Law | Date: | Hits: 68

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

....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. ...... 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. Md. Shamsuddin Sheikh..............................................................................Ed. This Case is also Reported in: 9 ADC (2012) 368....... 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...

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

Bangladesh Bank and another Vs. Sukamal Sinha Choudhury and another, 2011, 40 CLC (AD)

....Division (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Bangladesh Bank represented by its Governor, Bangladesh Bank Bhaban (Head Office), Motijheel C/A, Dh......Mamtaz Uddin Ahmed J Bangladesh Bank represented by its Governor, Bangladesh Bank Bhaban (Head Office), Motijheel C/A, Dhaka and another……………………………………....Petitioners Vs. Mr. Sukamal Sinha Choudhury and another………………………..Respondents Order ...... of the respon­dent. Ed. This Case is also Reported in: 9 ADC (2012) 218.......ted earlier be extended till disposal of the appeal. This interim order shall not effect in any way retirement benefit of the respon­dent. Ed. This Case is also Reported in: 9 ADC (2012) 218...

Category: Employment/Service Law | Date: | Hits: 211

Nur Mohammad Bhuiyan and others Vs. Aysha Khatoon and others, 2011, 40 CLC (HCD)

....oon and others ................................................................... Opposite Parties Judgment November 20, 2011. Result: The Rule is made absolute. Cases Referred to- Bangladesh Vs. Haji Abdul Gani Biswas and others, 32 DLR (AD) 233; Abu Bakar Vs. Nazir Ahmed, 34 DLR......upreme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Ruhul Quddus J Nur Mohammad Bhuiyan being dead his heirs Rumana and others ................ Petitioners Vs. Aysha Khatoon and others ................................................................... .................................................................... Opposite Parties Judgment November 20, 2011. Result: The Rule is made absolute. Cases Referred to- Bangladesh Vs. Haji Abdul Gani Biswas and others, 32 DLR (AD) 233; Abu Bakar Vs. Nazir Ahmed, 34 DLR (AD) 237. Lawyer......ated 8.11.1986 of the Munsif (now Assistant Judge), First Court, Chandpur in Title Suit No. 51 of 1983 are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 87

National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 22 CLC (AD)

....atter before the concerned Ministry for necessary orders. Thereafter subsequent application of the respondent to the above effect went unheeded. 4. It has been stated that one company named Seafs Bangladesh Limited having its office at Khulna House, 105, Kakrail, Dhaka also engaged in similar bu......ellate Division (Civil) Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J KM Hasan J Md. Fazlul Haque J National Board of Revenue and others……………Appellants Vs. Mustafizur Rahman…………………………………………..Respondent Judgment ...... judgment with reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ...... judgment with reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: | Hits: 140

Government of Bangladesh and others Vs. Md. Salim Reza, 2003, 22 CLC (AD)

....: ......Fazlul Karim J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Government of Bangladesh represented by the Secretary, Ministry of Health and Family Welfare and others…………Appellants Vs. Md. Salim Reza……………………..…………………………………………Respo......Woad {(1974) L.R. 9 Exch. 190}; Shridhar Vs. Nagar Palika, Jaunpur, AIR 1990 Supreme Court 307; Zakir Ahmed Vs. The University of Dacca, 16 DLR 361; Bangladesh Vs. Md. Azizur Rahaman, 46 DLR (AD) 29; Abdul Mazid Vs. Mushafi Ahmed DLR SC 131. Lawyers Involved: A. J. Mohammad Ali, Additional Att......and other benefits to the employees including the respondent. In that view of the matter, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: | Hits: 155

M/S. G. K. Brothers and another Vs. M/S. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)

....esent: Shahidul Islam J Rais Uddin J M/S. G. K. Brothers and another…………………………………………Principal-Defendant-Appellants Vs. M/S. Imperial Chemical Industries Bangladesh Limited………………Plaintiff-Respondent Judgment March 20, 2011. Result: ......n (Civil Appellate Jurisdiction) Present: Shahidul Islam J Rais Uddin J M/S. G. K. Brothers and another…………………………………………Principal-Defendant-Appellants Vs. M/S. Imperial Chemical Industries Bangladesh Limited………………Plaintiff-Respondent ......he suit land in favour of appellants through court. The office is directed to send down the lower Court’s record at once. Md. Rais Uddin J. - I agree. Ed. This Case is also Reported in: ......he suit land in favour of appellants through court. The office is directed to send down the lower Court’s record at once. Md. Rais Uddin J. - I agree. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 113

Mst. Samrun Bibi alias Shaharan Bibi and others Vs. Md. Habibur Rahman and others, 2011, 40 CLC (HCD)

....t. No further adjournment will be allowed at the instance of the substituted defendants. Communicate a copy of the judgment. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ...... High Court Division (Civil Revisional Jurisdiction) Present: Faruque Ahmed J Md. Ruhul Quddus J Mst. Samrun Bibi alias Shaharan Bibi and others ...................... Petitioners Vs. Md. Habibur Rahman and others ........................................ Opposite Parties Ju...... The Rule is made absolute. Case referred to- Abul Kalam Azad and another Vs. Sunhar Ali and others, 46 DLR (AD) 130. Lawyers Involved: Probir Neogi, Advocate - for the petitioners. Abdul Quiyum, Advocate - for opposite party No.1. Civil Revision No. 734 of 2011 Judgment M......t. No further adjournment will be allowed at the instance of the substituted defendants. Communicate a copy of the judgment. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 67

S. M. Basiruddin Vs. Zahurul Islam Chow­dhury and another, 1982, 11 CLC (AD)

....urposes. Correct analysis of the different provisions of the Act keeping in view the whole scheme of acquisition by the State of the interests of rent-receivers and certain other interests in land in Bangladesh, does not warrant the following conclusion— "An under-raiyat in such a case is no ex......late Division (Civil) Present: FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J S. M. Basiruddin………………Appellant Vs. Zahurul Islam Chow­dhury and another…………………Respondents Judgment December......e appeal is allowed with cost, the orders allowing pre­emption are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 230. ......e appeal is allowed with cost, the orders allowing pre­emption are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 230. ..

Category: Property Law | Date: | Hits: 85

Ismail Vs. State, 2009, 38 CLC (HCD)

....the Metropolitan Magistrate, Dhaka is set aside and the convict-appellant–petitioner is discharged from his bail bond. Send down the L.C. record at once. Ed. This Case is also Reported in: ......Ed. This Case is also Reported in: ......ed, as pleaded not guilty, the case was proceeded with against 2 persons named in the passport including the petitioner. The prosecution examined 3 witnesses the defence examined none. 4. P.W.1 Abdul Malek who deposed that he has been serving as a U.D. Assistant of the International Airport. O......the Metropolitan Magistrate, Dhaka is set aside and the convict-appellant–petitioner is discharged from his bail bond. Send down the L.C. record at once. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 92