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Bangladesh Forest Industries Development Corporation and others Vs. Sheikh Abdul Jabbar, 2002, 31 CLC (HCD)

.... costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 488. ......ainable. For the reasons stated above, we do not find a substance in this Rule, which is discharged without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 488. ....... An investigation was made and the Investigation Team submitted a report on 10-1-89 wherein it was stated that the opposite party received substantial amount of money from the Corporation as advance for the purpose of completion of various works at Gangaram Centre, but no voucher was filed by him i......ainable. For the reasons stated above, we do not find a substance in this Rule, which is discharged without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 488. ..

Category: Civil Law | Date: | Hits: 89

Nizam Hazari Vs. State, 2001, 30 CLC (HCD)

....round of procedural defect and technicality……………………………………(25) Cases Referred to- Sars Pal Singh Vs. State of Delhi, AIR 1999 (SC) 49, Nesar Ahmed Vs. Government of Bangladesh, DC, Noakhali and others, 49 DLR (AD) 111, Abdul Razzak Talukder Vs. State 51 DLR 83, Mob......nal No.14, Chittagong in Special Tribunal Case No.757 of 1999 stand maintained. Lower Court Records be sent down immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 475. ......t May 2, 2001. Result: The appeal is dismissed. Evidence of police personnel It is a matter of common knowledge that now-a-days impartial and independent witnesses do not dare to come forward to give evidence against offenders, specifically against the Armed Cadres, for the fear of i......nal No.14, Chittagong in Special Tribunal Case No.757 of 1999 stand maintained. Lower Court Records be sent down immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 475. ..

Category: Criminal Law | Date: | Hits: 58

Titas Gas Vs. Immense Washing Plant and others, 2001, 30 CLC (HCD)

....es of the Ministry of Law, Justice and Parliamentary Affairs, the Ministry of Power and Energy and the Chairman of the Law Commission. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 471. ......es of the Ministry of Law, Justice and Parliamentary Affairs, the Ministry of Power and Energy and the Chairman of the Law Commission. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 471. ......cellaneous Appeal No.147 of 2000 by which the defendants were directed to restore gas connection to the plant of the plaintiff by way of an ad-interim order of mandatory injunction. 2. Short facts for disposal of the Rule are that, on 5-4-2000 opposite party No.1 as plaintiff instituted a suit be......es of the Ministry of Law, Justice and Parliamentary Affairs, the Ministry of Power and Energy and the Chairman of the Law Commission. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 471. ..

Category: Civil Law | Date: | Hits: 151

Abdus Sukur (Md.) and others Vs. Bhasani Mandal and another, 2001, 30 CLC (HCD)

....mpugned judgment and decree through false personification, and also by collusion with each other and practicing fraud upon the Court. The case of the defendant No.1 is that he has long been living in Bangladesh, possesses the suit land by cultivation through borgadar and Parul Bala lives in her othe......gment and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452.......o. 748 of 1999 reversing those dated 30-9-1999 passed by Senior Assistant Judge, 6th Court at Dhaka in Title Suit No. 249 of 1998. 2. The petitioners as plaintiffs on 28-7-1998 instituted the suit for setting aside the judgment and decree dated 24-5-1998 and 31-5-1998 respectively, exhibit 12 and......gment and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452...

Category: Property Law | Date: | Hits: 75

Seastar Shipping Lines Ltd. Vs. Bangladesh & others, 2001, 30 CLC (HCD)

....001) 449.......te of receipt of this order. A copy of this order be sent forthwith to the Prime Minister’s Secretariate and the Ministry of Food. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 449.......hipping agent of the Shipping Corporation of India Limited which owns the concerned vessel ‘MV Vishva Kaumudi’. The said vessel was chartered by respondent No.4 under Fixture Note dated 15-2-1999 for carrying the cargo of 8325.00 metric tons of rice into Bangladesh port. The said vessel thereaft......te of receipt of this order. A copy of this order be sent forthwith to the Prime Minister’s Secretariate and the Ministry of Food. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 449...

Category: Admiralty Law or Maritime Law | Date: | Hits: 212

Gurvinder Singh Vs. Secretary, Ministry of Finance and others, 1992, 21 CLC (HCD)

....spondent No.3. Writ Petition No. 1672 of 1992. Judgment Anwarul Haque Chowdhury J.- This Rule arises out of an application under Article 102 of the Constitution of the People’s Republic of Bangladesh and is directed against an order dated 27-4-92 issued by the respondent No.3 namely, the ...... In the result, this Rule is disposed of on the above observations without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 434. ......ated 27-4-92 issued by the respondent No.3 namely, the Assistant Commissioner of Taxes, Central Salary Circle I, section II, 40 Segun Bagicha, Dhaka directing the petitioner not to leave Bangladesh before settling income tax assessment matter. 2. In the instant case, this petition is moved by Gur...... In the result, this Rule is disposed of on the above observations without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 434. ..

Category: Fiscal/Taxation Law | Date: | Hits: 98

Hamza Rubber Industries Vs. Golam Dastagir Gazi, 2001, 30 CLC (HCD)

....- Abdul Jabbar and another Vs. Ahmad Jan, PLD 1973 Karachi 289; Messers Burney’s Industrial and Commercial Co. Ltd. Vs. Messers Rehman Match Works, PLD 1983 Karachi 357; Dacca Match Factory Vs. Bangladesh Match Factory, 30 DLR 244; De Cordova and others Vs. Vick Chemical Coy, Vol. LXVIII No.6 ...... is also discharged and order of ad-interim injunction granted at the time of issue of the Rule is also vacated. Communicate at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 430. ......presented by the plaintiff against judgment and order dated 12-02-2001 passed by the 10th Court of Additional District Judge at Dhaka in Title Suit No. 32 of 2000 by which the prayer of the plaintiff for temporary injunction was refused. 2. The plaintiff instituted the suit for a decree for perpe...... is also discharged and order of ad-interim injunction granted at the time of issue of the Rule is also vacated. Communicate at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 430. ..

Category: Intellectual Property Law | Date: | Hits: 230

Hamayet Uddin Ahmed Vs. First Court of Settlement, Bangladesh Abandoned Building & others, 2001, 30 CLC (HCD)

....Division (Special Original Jurisdiction) Present: Syed JR Mudassir Hussain J Syed Mahmud Hussain J Hamayet Uddin Ahmed………….….Petitioner Vs. First Court of Settlement, Bangladesh Abandoned Building & others..………….Respondents Judgment May 8, 2001 C......ons stated here in above the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 426. ......n 17-2- 1986 in the First Court of Subordinate Judge, Dhaka against Ali Mohammad Abbas, the Chairman of the DIT and the Government of Bangladesh represented by the Secretary, Ministry of Public Works for specific performance of contract and also for a decree for declaring that the enlistment of the ......ons stated here in above the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 426. ..

Category: Property Law | Date: | Hits: 103

Progoti General Insurance Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)

....e Tax Ordinance, 1984 (hereinafter called “the Ordinance”) arises out of Judgment and order dated 17-2-93 passed in ITA No. 2575 of 1991 (Assessment year 1990-91) by the Taxes Appellate Tribunal, Bangladesh Bench-2, Dhaka. 2. The assessee-petitioner carried on business of General Insurance an......ormulated by us in the negative and in favour of the assessee petitioner. There will be no order of cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 424, 53 DLR (HCD) (2001) 531. ......he Jamuna Levy an amount of Taka 13,18,045.00 holding that it was not an allowable expense against the interest and dividend income while grossing up the same with the income. Being aggrieved by the aforesaid order of the DCT petitioner preferred an appeal before the Additional Appellate Commissione......ormulated by us in the negative and in favour of the assessee petitioner. There will be no order of cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 424, 53 DLR (HCD) (2001) 531. ..

Category: Fiscal/Taxation Law | Date: | Hits: 104

Abdul Mannan and another Vs. Bangladesh, 1999, 28 CLC (HCD)

....ourt High Court Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Md. Muzammel Hossain J Abdul Mannan and another……………………..Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Local Government Rural Development and Co-Oper...... Petition No.2259 of 1998 are discharged without any order as to costs. The order of stay granted earlier in both Rules are hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 471. ......ne Wards of Lalmohan Pourashava should not be declared to have been made without any lawful authority and is of no legal effect. 3. In Writ Petition No.1787 of 1998 the petitioners case, in brief, for disposal of the Rule is as follows: The petitioner is a Commissioner of newly created Ward No.4 ...... Petition No.2259 of 1998 are discharged without any order as to costs. The order of stay granted earlier in both Rules are hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 471. ..

Category: Election Law | Date: | Hits: 97

A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)

....Court High Court Division (Special Original Jurisdiction) Present: Md. Mozammel Hoque J Md. Abdur Rashid J A Rouf Chowdhury and another…………………..Petitioners Vs. Bangladesh and others ………………………………Respondents. Judgment May 2, 2000. ......n view of our decision, the order issued earlier directing the parties to maintain status quo in respect of construction is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 461. ......udgment Md. Abdur Rashid J.- This Rule Nisi was issued upon the respondents to show cause as to why the impugned order dated 24-06-99 canceling the sanction of the revised plan granted on 18-02-93 for construction of a 22-storied building, order dated 21-09-99 rejecting the appeal and order dated......n view of our decision, the order issued earlier directing the parties to maintain status quo in respect of construction is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 461. ..

Category: Property Law | Date: | Hits: 125

Osena Begum alias Babuler Ma and another Vs. State, 2003, 32 CLC (HCD)

....r case. Let a copy of this judgment be sent to the learned Additional Sessions Judge for his guidance. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 299. ......r case. Let a copy of this judgment be sent to the learned Additional Sessions Judge for his guidance. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 299. ......s judgment. 2. Prosecution case, in short, is that the condemned prisoners Osena Begum and her son Babul Miah committed murder of Hazera Begum, wife of Babul Miah by severely burning her with acid for dowry. In the trial Osena Begum was charged under section 10(1) while Babul under section 10(1) ......r case. Let a copy of this judgment be sent to the learned Additional Sessions Judge for his guidance. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 299. ..

Category: Criminal Law | Date: | Hits: 49

Mrs. Aruna Sen Vs. Govt. of the Peo­ple's Republic of Bangladesh and others, 1974, 3 CLC (HCD)

.... (Special Original Jurisdiction) Present: Debesh Chandra Bhattacharya J Abdur Rahman Chowdhury J Mrs. Aruna Sen……….....Petitioner. Vs. 1. Govt. of the Peo­ple's Republic of Bangladesh through the Secretary, Mi­nistry of Home Af­fairs, Dacca. 2. The Director, Rakkhi B......this case in­volves substantial question as to the interpreta­tion of the Constitution. Abdur Rahman Chowdhury, J.- I agree. Ed. This Case is also Reported in: 27 DLR (1975) HCD 122. ...... authority of the Dacca Central Jail issued a statement in the News­papers on the first April, 1974. On the 2nd April, the petitioner's lawyers served a notice upon the respondents 1, 2 and 3 asking for information as to the charges against him, the place of his custody and the authority under whic......this case in­volves substantial question as to the interpreta­tion of the Constitution. Abdur Rahman Chowdhury, J.- I agree. Ed. This Case is also Reported in: 27 DLR (1975) HCD 122. ..

Category: Constitutional Law | Date: | Hits: 291

Zafela Begum and others Vs. Atikulla and others, 2011, 40 CLC (AD)

....l is allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 46, 31 BLD(AD) (2011) 111, 8 LG (AD) (2011) 133, 16 MLR (AD) (2011) 216, VIII ADC (2011) 907. ......l is allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 46, 31 BLD(AD) (2011) 111, 8 LG (AD) (2011) 133, 16 MLR (AD) (2011) 216, VIII ADC (2011) 907. ...... judgment and order dated 26.5.2003 passed by the High Court Division in First Appeal No. 100 of 1995) Judgment SK Sinha J. - The facts out of which this appeal arose are as under: In a suit for partition the plaintiffs who are the appellants claimed that 'Ka' schedule land measuring 4.0 ac......l is allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 46, 31 BLD(AD) (2011) 111, 8 LG (AD) (2011) 133, 16 MLR (AD) (2011) 216, VIII ADC (2011) 907. ..

Category: Property Law | Date: | Hits: 127

MA Bari and others Vs. Uttara Sarkari Officers Quarter Kallayan Samity and others, 2003, 32 CLC (HCD)

....ayan Samity and others ...............Respondents Judgment March 1, 2003. Cases Referred to- Zobaida Naher @ Jharna Vs. Khairunnessa, 3 BLC (AD) 170; Nurul Husain (Md.) Vs. Government of Bangladesh, 1 BLC (AD) 219; Chandra Kanta and another Vs. Sheikh Habib, AIR 1975 SC 1500; Zenith Pac...... of the review petitioners the same is set aside on review. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 289. ......2; Prabodh Verma Vs. State of Uttar Pradesh, AIR 1985 SC 167; (1984) 4 SCC 251; Md. Mojibur Rahman Mia Vs. Jamini Mosahar and others, 7 DLR 82. Lawyers Involved: Abdul Wadud Bhuiyan with SRM Lutfor Rahman, Advocates‑For the Petitioners. Shamsuddin Babul with Kanai Lal Saha, Advocates‑Fo...... of the review petitioners the same is set aside on review. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 289. ..

Category: Others | Date: | Hits: 119

Advocate Zulhas Uddin Ahmed and others Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....চা ব্যতিরেকে এ্যাব্লিউট করা হইলো। সমাপ্ত। This Case is also Reported in: 15 MLR (HCD) 2010, 433; 15 BLC (HCD) (2010) 351. ......চা ব্যতিরেকে এ্যাব্লিউট করা হইলো। সমাপ্ত। This Case is also Reported in: 15 MLR (HCD) 2010, 433; 15 BLC (HCD) (2010) 351. ......onstitution and/or pass such other or further order or order as to this Court may seem fit and proper. The Rule Nisi is made returnable within 2 (two) weeks from date. The matter is fixed for hearing on 9.3.2009 Spirit of the law Requisites to be put in at once.” ৪. ৪ ন......চা ব্যতিরেকে এ্যাব্লিউট করা হইলো। সমাপ্ত। This Case is also Reported in: 15 MLR (HCD) 2010, 433; 15 BLC (HCD) (2010) 351. ..

Category: Health Law | Date: | Hits: 391

Bangladesh House Building Finance Corporation Vs. Md. Abdul Hoque, 2002, 31 CLC (HCD)

....re at once. Ed. This Case is also Reported in: 55 DLR (2003) 270....... of the Money Execution Case No. 88 of 1996. Communicate the order to the learned Joint District Judge, Artha Rin Adalat, Jessore at once. Ed. This Case is also Reported in: 55 DLR (2003) 270.......at and Sub Judge, Jessore in Money Execution Case No. 88 of 1996 should not be set aside and/or such other or further order or orders passed as to this Court seem fit and proper. 2. Facts relevant for the purpose of disposal of this Rule, in short, are that the petitioner instituted Miscellaneous...... of the Money Execution Case No. 88 of 1996. Communicate the order to the learned Joint District Judge, Artha Rin Adalat, Jessore at once. Ed. This Case is also Reported in: 55 DLR (2003) 270...

Category: Property Law | Date: | Hits: 91

Hossain Khan (Md.) and others Vs. Government of Bangladesh & others, 2001, 30 CLC (HCD)

.... High Court Division (Civil Appellate Jurisdiction) Present: Md. Fazlul Haque J NK Chakravartty J Hossain Khan (Md.) and others……………….Petitioners Vs. Government of Bangladesh & others…………….Respondents Judgment December 4, 2001. Cases Referre......Rule No. 250(FM) of 2001 is also made absolute. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 264. ......rises are that, the appellants are the heirs late Alhaj Md. Noor Hossain, who was the owner of CS Plot No. 692, JL No. 251 of Mouza Dhanmondi, Dhaka. The Deputy Commissioner, Dhaka requisitioned the aforesaid Plot No. 692 in 1958 for public namely, for establishment of a 'Hawkers Market' and directe......Rule No. 250(FM) of 2001 is also made absolute. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 264. ..

Category: Property Law | Date: | Hits: 95

Amirul Islam (Md.) and others Vs. Thana Nirbahi Officer and others, 2000, 29 CLC (HCD)

....sha but were not signed deliberately by the respondent No.1 and consequently, the allowances could not be collected and paid to them. 4. On 13-7-99 on the prayer of the petitioners respondent No.5 Bangladesh, represented by the Secretary Ministry of Education was also added and rule to the above ......his order within four weeks from the date of receipt of a copy of this order. The office is directed to communicate this order at once. Ed. This Case is also Reported in: 52 DLR (2000) 388. ......the affidavit that stopping of the salaries and allowances is the internal affairs of the local authorities and the said local authorities exercised their discretion judicially and that does not call for any interference by this Court. 6. In view of the papers annexed as Annexure-‘X’ series t......his order within four weeks from the date of receipt of a copy of this order. The office is directed to communicate this order at once. Ed. This Case is also Reported in: 52 DLR (2000) 388. ..

Category: Employment/Service Law | Date: | Hits: 84

Omar Ali Sheikh Vs. Shamsul Alam Mridha and others, 2002, 31 CLC (HCD)

.... the Rule is discharged without any order as to cost. The order of stay granted at the time of the issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 257. ...... the Rule is discharged without any order as to cost. The order of stay granted at the time of the issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 257. ......in Title Appeal No. 95 of 1997 affirming the Judgment and decree dated 4‑11‑1997 passed by the learned senior Assistant Judge, Naria, Shariatpur in Title Suit No. 2 of 1995. 2. Relevant facts, for the disposal of this in short, are that the opposite party Nos. 1 to 3 as plaintiff instituted t...... the Rule is discharged without any order as to cost. The order of stay granted at the time of the issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 257. ..

Category: Property Law | Date: | Hits: 84