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Nazim Habibuzzaman Vs. World Bank & others, 2001, 30 CLC (HCD)

....nment of India, claiming damages of Taka 4,00,000 crore (four lac crore) occurred due to the construction of Farakka Barrage at Farakka in India, causing sufferings to the plaintiff and the people of Bangladesh. In the plaint, the plaintiff traversed the history of Farakka Barrage since 1961 constru......ble to be rejected in limine. In the result, the appeal is dismissed but without any order at to cost. Send down the records forthwith. Ed. This Case is also Reported in: 54 DLR (2002) 159.......ondaker Musa Khaled J Nazim Habibuzzaman…………….. Appellant Vs. World Bank & others……………….Respondents Judgment November 21, 2001. Case Referred To- T Arivandandam vs. T Satyapal, AIR 1977 (SC) 2421. Lawyers Involved: Khandaker A Quaiyum, Advocate â......ble to be rejected in limine. In the result, the appeal is dismissed but without any order at to cost. Send down the records forthwith. Ed. This Case is also Reported in: 54 DLR (2002) 159...

Category: Others | Date: | Hits: 79

Modern Cold Storage Ltd. Vs. Secretary, Ministry of Energy & Mineral Resource and others, 2006, 35 CLC (HCD)

.... Rule Nisi, briefly, be put thus: The petitioner, Modern Cold Storage Limited, started its functioning in the industrial area of Feni town getting electricity connection from the respondent No. 2, Bangladesh Power Development Board and the petitioner has been paying its electricity bills submitte......and are of no legal effect. The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 690.......m J Afzal Hossain Ahmed J Modern Cold Storage Ltd ..................................................................... Petitioner Vs. Secretary, Ministry of Energy & Mineral Resource and others…....................…Respondents Judgment May 24, 2006. Cases Referred To- ......and are of no legal effect. The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 690...

Category: Others | Date: | Hits: 131

State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)

....ror 35 CWN 623Ghulam Kadir vs. Crown, PLD 1950 Bagdadl Jadid 51; Nurjahan Begum vs. State, 1988 BLD 389; Abu Taher Chowdhury and others vs. State; 42 DLR (AD) 253Sanwar Hossain vs. State, 45,DLR 489; Bangladesh vs. Paran Chandra Baron, 1986 BCR (AD) 225; Muslimuddin and others vs. State, 38 BLR (AD)......absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ...... High Court Division (Criminal Appellate Jurisdiction) Present: AKM Fazlur Rahman J Quamrul Islam Siddiqui J State……………..Petitioner Vs. Al Hasib Bin Jamal alias Hasib and five others……………..Convicts (sentenced to death) Judgment August 22, 2007. Cas......absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ..

Category: Criminal Law | Date: | Hits: 40

AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)

....ioners who, under the facts and circumstances stated above, are fugitives from justice which is not only unethical but also condemnable. 39. In this respect, it is required to mention that the Bangladesh Legal Practitioners and Bar Council Order and Rules, 1972 as amended upto May, 2002 categ......de Court. If this position be continued, I am afraid a day will come when practically, there will be no legal system in Bangladesh. Ed. This Case is also Reported in: 59 DLR (2007) 646. ...... (2007) 646. ......de Court. If this position be continued, I am afraid a day will come when practically, there will be no legal system in Bangladesh. Ed. This Case is also Reported in: 59 DLR (2007) 646. ..

Category: Criminal Law | Date: | Hits: 97

Ali Ashraf Mia Vs. Chairman, First Court of Settle­ment and others, 2006, 35 CLC (HCD)

....de the house from the Ka list of Abandoned Buildings. 4. Being aggrieved, the petitioner has come to this Court and obtained the present Rules. 5. The respondent No. 2 the Government of Bangladesh, represented by the Secretary, Ministry of Housing and Public Works, is contesting the Ru......interference by this Court. Accordingly, both the aforesaid Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 640. ...... Jurisdiction) Present: Tariq-ul-Hakim J Afzal Hossain Ahmed J Ali Ashraf Mia……………………..Petitioner Vs. Chairman, First Court of Settle­ment and others……………Respondents Judgment June 27, 2006. Lawyers involved:......interference by this Court. Accordingly, both the aforesaid Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 640. ..

Category: Property Law | Date: | Hits: 39

Executive Engineer, Roads and Highways Vs. Naderuzzaman and others, 2007, 36 CLC (HCD)

....he Code, the Court will not sit on the matter again for a rehearing or further hearing which is already concluded by a decision even if that be erroneous……………..[Fazle Karim vs Government of Bangladesh, 48 DLR (AD) 178] Cases Referred to- Zenith Packages Limited vs. Member, Labour App......t the time of the issuance of the Rule and extended subsequently is vacated. Send down the lower court records. Ed. This Case is also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ...... also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ......t the time of the issuance of the Rule and extended subsequently is vacated. Send down the lower court records. Ed. This Case is also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ..

Category: Procedural Law | Date: | Hits: 75

Commissioner of Taxes Vs. Prime Bank Ltd., 2007, 36 CLC (HCD)

....Taka 18,15,67,643 to the total income of the respondent assessee and restored that of the Deputy Commissioner of Taxes. 2. The assessee is a banking company and was accordingly incorporated in Bangladesh. It submitted its income tax return for the assessment year 1999-2000 claiming total inco......peal to Appellate Division under section 162 of the Ordinance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ......ibunal, which set aside the order 10-9-2000 passed by the Inspecting Additional Commissioner of Taxes adding so-called capital loss of Taka 18,15,67,643 to the total income of the respondent assessee and restored that of the Deputy Commissioner of Taxes. 2. The assessee is a banking company a......peal to Appellate Division under section 162 of the Ordinance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ..

Category: Fiscal/Taxation Law | Date: | Hits: 82

Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....gh Court Division (Special Original Jurisdiction) Present: Mirza Hussain Haider J Farah Mahbub J Udayan Garments (Pvt.) Ltd., represented by MD and another....Petitioners Vs. Bangladesh and others……………….Respondents Judgment March 15, 2007. Cases Referre......rtificate under section 33(5) of the Ain in Writ Petition No. 6732 of 2004 are made absolute. However, there will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 615.......59 DLR (2007) 615.......rtificate under section 33(5) of the Ain in Writ Petition No. 6732 of 2004 are made absolute. However, there will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 615...

Category: Constitutional Law | Date: | Hits: 168

Abdul Mannan Matubbar Vs. Bangladesh Water Development Board and others, 2007, 36 CLC (HCD)

....CD) (2008) 51. ...... considering his explanation." Accordingly, the Rule is discharged, however, without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 610; 13 MLR (HCD) (2008) 51. ......gh Court Division (Special Original Jurisdiction) Present: Tariqul Hakim J Afzal Hossain Ahmed J Abdul Mannan Matubbar.........Petitioner Vs. Bangladesh Water Development Board and others.........Respondents Judgment April 23, 2007. Result: The Rule is discharged. ...... considering his explanation." Accordingly, the Rule is discharged, however, without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 610; 13 MLR (HCD) (2008) 51. ..

Category: Employment/Service Law | Date: | Hits: 76

Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)

.... High Court Division (Special Original Jurisdiction) Present: Mirza Hussain Haider J Farah Mahbub J Angels Corporation (Pvt.) Ltd. and another……………..Petitioners Vs. Bangladesh and others ……………………………….. Respondents Judgment February 18......sult, Rules in Writ Petition Nos. 6579 of 2004 and 6057 of 2005 are discharged with­out any order as to costs.Stay granted earlier stands vacated.Ed.This Case is also Reported in: 59 DLR (2007) 601. ......eported in: 59 DLR (2007) 601. ......sult, Rules in Writ Petition Nos. 6579 of 2004 and 6057 of 2005 are discharged with­out any order as to costs.Stay granted earlier stands vacated.Ed.This Case is also Reported in: 59 DLR (2007) 601. ..

Category: Others | Date: | Hits: 104

Integrated Services Ltd. Vs. Commissioner (Current Charges), Customs and others, 2007, 36 CLC (HCD)

....pear before him for personal hearing was challenged. 2. The facts and circumstances, in which the Rule was obtained, in short, are that the petitioner is a private limited company, incorporated in Bangladesh. Pursuant to a Joint Venture Agreement (here­inafter referred to as JVA), the petitioner......legal effect. The respon­dents are directed to refund the, detained non-adhesive share transfer stamps by 24th day of May, 2007, positively. Ed. This Case is also Reported in: 59 DLR (2007) 597.......tatutory Original Jurisdiction) Present: Md. Abdur Rashid J Md. Miftah Uddin Choudhury J Integrated Services Ltd..............Petitioner Vs. Commissioner (Current Charges), Customs and others.....Respondents Judgment May 8, 2007. Lawyers involved: Akhter Imam with Zuba......legal effect. The respon­dents are directed to refund the, detained non-adhesive share transfer stamps by 24th day of May, 2007, positively. Ed. This Case is also Reported in: 59 DLR (2007) 597...

Category: Business or Commercial Law | Date: | Hits: 178

Manzu Sweeper Vs. State, 2005, 34 CLC (HCD)

....ort and unfurled at trial is that on 3-2-1991 PW 1 Md. Mizanur Rahman, Police Inspector, CID Camp, Camilla received a secret information to the effect that some persons were trying to get exchange of Bangladeshi counterfeit currency notes in different shops of Chawk Bazar area of Comilla town. Accor...... a copy of the judgment for information and taking necessary action.  Ed.  This Case is also Reported in: 59 DLR (2007) 593; 13 MLR (HCD) (2008) 417.       ...... legislation is to prevent using, selling or trafficking in any way in counterfeit or forged notes. The offence as made under section 25A of the Special Powers Act, 1974 is no doubt of serious nature and may entail with death, or imprisonment for life depending on the gravity of the offence. As the ...... a copy of the judgment for information and taking necessary action.  Ed.  This Case is also Reported in: 59 DLR (2007) 593; 13 MLR (HCD) (2008) 417.       ..

Category: Criminal Law | Date: | Hits: 40

Mofidul Haque (Md) Vs. Bangladesh, 2006, 35 CLC (HCD)

....n (Civil Statutory Appellate Jurisdiction) Present: Md. Awlad Ali J Moyeenul Islam Chowdhury J Mofidul Haque (Md)…………………..Appellant Vs. Bangladesh……………..Respondents Judgment December 12, 2006. Cases Referr......, there is no merit in this appeal. The appeal must fail. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 588. ......y J Mofidul Haque (Md)…………………..Appellant Vs. Bangladesh……………..Respondents Judgment December 12, 2006. Cases Referred To- Haque and Company Ltd. Vs. Messrs Western Soap Factory and others,43 DLR 304; Sunil, Kumar Das vs. Canon K......, there is no merit in this appeal. The appeal must fail. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 588. ..

Category: Intellectual Property Law | Date: | Hits: 198

Namita Rani Biswas and others Vs. Rabindra Nath Majhi and others, 2007, 36 CLC (HCD)

....dents Judgment August 8, 2007. Cases Referred To- Manorama vs. Shiva Sundari 24 CWN 480. Kali Das vs. lshan Chander 31 Cal 914 (PC); State vs. Pali Ram, AIR 1974 (SC) 14; Bangladesh vs. AKM Saifiil Alam 9 MLR (AD) 201 - 56 DLR (AD) 41; Anil Behari Ghose vs. Sint Latika B......arned District Judge, Khulna is set aside and restored the grant of Letter of Administration. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ......Reported in: 59 DLR (2007) 579. ......arned District Judge, Khulna is set aside and restored the grant of Letter of Administration. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ..

Category: Property Law | Date: | Hits: 68

AHM Moazzem Hossain Vs. State, 2006, 35 CLC (HCD)

.... petitioner and another one, under the aforesaid section of the Act, 2005 alleging that the advertisement published on 21-8-2005 in Financial Express paper to the effect that British American Tobacco Bangladesh Company and their slogan "Success and Responsibility go together", according to the compl......pearing for the petitioner, submits, that the entire proceeding, having been barred under the provision of the Act, 2005 (Act XI of 2005), the petitioner need not move the learned Session Judge. ......t Sharifuddin Chaklader J.- This Rule at the instance of the accused petitioner is directed for quashment of the proceedings of CR Case No. 2564 of 2005 filed under section 5(1)(Ga) of Smoking and Tobacco Consumption (Control) Act, 2005 shortly, the Act, 2005, pending in the Court of learned ......pearing for the petitioner, submits, that the entire proceeding, having been barred under the provision of the Act, 2005 (Act XI of 2005), the petitioner need not move the learned Session Judge. ..

Category: Health Law | Date: | Hits: 251

Aziz Hasan and others Vs. Bangladesh, 2007, 36 CLC (HCD)

.... (Special Original Jurisdiction) Present: Md. Abdur Rashid J Md. Miftahuddin Choudhury J Aziz Hasan and others…………………….Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Fin­ance and others……...Respondents (in al...... not pay in cash the amount of money covered by respective bank guarantees within a period of thirty days of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 563. ......n: 59 DLR (2007) 563. ...... not pay in cash the amount of money covered by respective bank guarantees within a period of thirty days of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 563. ..

Category: Fiscal/Taxation Law | Date: | Hits: 64

Enamul Haq (Md) Vs. Jatiyo Bishwabiddalay and others, 2007, 36 CLC (HCD)

....nder: Certificate/ Degree Board/ University Session Year Exam held Result Dakhil then equivalent to Class- VIII Bangladesh Madrashah Education Board 1981 1981 Second Division ......thority having no legal effect. The petitioner be allowed to join in a permanent post of Lecturer in Arabic. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 556. ......ourt Division (Special Original Jurisdiction) Present: SM Hossain J Quamrul Islam Siddiqui J Enamul Haq (Md)………………………...Petitioner Vs. Jatiyo Bishwabiddalay and others…………………….Respondents Judgment March 15, 2007. Result: The Rule......tioner was selected by the Selection Board, a recognised Authority of the University, the legitimate expectation of the petitioner to be appointed as an Assistant Professor in the Department of Civil Engineering, culminated into his legal right." 20. In the case referred to above, even the recomÂ..

Category: Employment/Service Law | Date: | Hits: 65

Muhaiminul Hasan Khan Vs. Md. Nurul Islam Khan and others, 2001, 30 CLC (HCD)

....e Judge at Dhaka for issue of a succession certificate in respect of Taka 2, 00,000 detailed in the schedules to the application left by his father, late Shahabuddin Ahmed Khan Squadron Leader of the Bangladesh Air Force. Said Shahabuddin Khan died on 16-8-90 in the Combined Military Hospital, Dhaka......fresh and dispose of the original application for succession certificate in the light of above observations. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002)156.......Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J Muhaiminul Hasan Khan........................Petitioner Vs. Md. Nurul Islam Khan and others…………… Opposite Parties Judgment December 10, 2001. Case Referred To- ......fresh and dispose of the original application for succession certificate in the light of above observations. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002)156...

Category: Property Law | Date: | Hits: 36

Bura Yunus and others Vs. State, 2007, 36 CLC (HCD)

....oncocted case. Learned Advocate further submits that the evidence on record sufficiently supports probability of the defence version that PWs 5 and 14 have been using Doctor Kudarat-e-Khoda hostel of Bangladesh Leather Technology, as their abode for realising money and implicating innocent persons b...... the charge under section 399 of the Penal Code. The appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 59 DLR (2007) 549.......ase. Ed. This Case is also Reported in: 59 DLR (2007) 549....... the charge under section 399 of the Penal Code. The appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 59 DLR (2007) 549...

Category: Criminal Law | Date: | Hits: 90

Shafique Ullah (Md) Vs. Chairman, Rupali Bank Ltd. and others, 2006, 35 CLC (HCD)

....nt in his service and the period of his absence in service might be treated as leave and he is entitled to get all arrear financial benefits of service. In this regard, he refers Rule No. 1972 of the Bangladesh Service Rules, part I. 6. Mr. Md. Golam Mostafa, the learned Advo­cate appearing ......e Appeal No. 621 of 2000 is hereby affirmed. Send down the lower Court's records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 546.......on (Civil Revisional Jurisdiction) Present: AKM Fazlur Rahman J Shafique Ullah (Md)……………………………………………….Petitioner Vs. Chairman, Rupali Bank Ltd. and others…………………Opposite Parties Judgment August 2, 2006. Lawyers involved......e Appeal No. 621 of 2000 is hereby affirmed. Send down the lower Court's records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 546...

Category: Criminal Law | Date: | Hits: 29