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Iqbal Hasan Mahmood Vs. State, 2008, 37 CLC (HCD)

....on the Medical Board stated as under: the satisfaction of the learned Chief Metropolitan Magistrate Dhaka. Communicate the order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 286. ......ssain J Afzal Hossain Ahmed J Iqbal Hasan Mahmood…………………Appellant Vs. State……………………Respondent Judgment October 29, 2008. Result: The application for bail is allowed. Cases Referred to- ACC Vs. Barrister Mir Md. Helaluddin, 60 DLR (AD) 57.......on the Medical Board stated as under: the satisfaction of the learned Chief Metropolitan Magistrate Dhaka. Communicate the order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 286. ......�…………………Respondent Judgment October 29, 2008. Result: The application for bail is allowed. Cases Referred to- ACC Vs. Barrister Mir Md. Helaluddin, 60 DLR (AD) 57. Lawyers Involved: Raflque-ul-Huq with Ahsanul Karim, Faheemul Huq, Khairul Alam Choudhury, Kabir ..

Category: Criminal Law | Date: | Hits: 125

Salma Begum Vs. Sonali Bank Limited and others, 2010, 39 CLC (HCD)

....1-2009 passed by the learned Additional District judge, 2nd Court Dhaka, in Miscellaneous Appeal No.230 of 2009 is here by set aside. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 282. ......Court may seem fit and proper. 2. Opposite-party No.1 Sonali Bank Limited filed Artha Rin Suit No.131 of 2003 on 26-4-2003 against the opposite-party No.4 and another impleading them as defendants for realization of TK. 47,40,875 (forty seven lakhs forty thousand eight hundred seventy five) conte......1-2009 passed by the learned Additional District judge, 2nd Court Dhaka, in Miscellaneous Appeal No.230 of 2009 is here by set aside. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 282. ......s………………………Opposite-Parties Judgment August 19, 2010. Result: The Rule is made absolute. Cases Referred to- 15 MLR (AD) 20; 15 BLT (AD) 237; 15 BLT at page 425. Lawyers Involved: SB Bhandari with Shah Md. Munir Sharif, Advocates - For the Petitioner. Moud..

Category: Civil Law | Date: | Hits: 229

Yasinullah Vs. State, 2003, 32 CLC (HCD)

....the Police reports he would accept after considering the entire circumstances and facts of the case. The Rule is accordingly discharged. Ed. This Case is also Reported in: 55 DLR (2003) 393. ......Balaganj, Sylhet should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The prosecution story, in brief, is that one Entajullah as informant lodged a First informant Report with the local police station against some accused on 21‑2......the Police reports he would accept after considering the entire circumstances and facts of the case. The Rule is accordingly discharged. Ed. This Case is also Reported in: 55 DLR (2003) 393. ......i and others Vs. State, 1994 BLD 566=46, DLR 535; Solicitor, Government of Bangladesh Vs. AT Mridha, 26 DLR (SC) 17; Nasiruddin Mahmud and others Vs. Momtazuddin Ahmed and another, 36 DLR (AD) 14. Lawyers Involved: Khondaker Mahbubuddin Ahmed with Enayetullah Chowdhury and Md. Nuro Nabi, Advoc..

Category: Criminal Law | Date: | Hits: 86

AKM Mazharul Haq Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....directed to reinstate the petitioner in service within 30 days of receipt of copy of this judgment with back wages and other benefits. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 274. ...... 57th year of age and/or pass such other or further order or orders as this Court may seem fit and proper. 2. It is stated that the petitioner was appointed in Biman Bangladesh Airlines Limited (formerly Bangladesh Biman Airlines) on 20-8-1984 as Manager (Motor Transport) and was confirmed on 3......directed to reinstate the petitioner in service within 30 days of receipt of copy of this judgment with back wages and other benefits. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 274. ......(Capt.) Vs. Bangladesh Biman Corporation, 13 MLR (AD) 2008 page 1=60 DLR (AD) 21; Mofizur Rahman Khan Vs. Government of Bangladesh, 34 DLR (AD) 321; Farzand Ali Vs. West Pakistan, 22 DLR (SC) 208. Lawyers Involved: Md. Salahuddin Dolon with Md. Munsurul Hoque Shafi, Advocate - For the Petition..

Category: Employment/Service Law | Date: | Hits: 157

Sekandar Spinning Mills Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2011, 40 CLC (HCD)

....ect. The respondent is hereby directed to re-adjust the amount of Taka 10,90,585 in the VAT Register of the petitioner company at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 272.......o make payment of Taka 10,90,585 with an allegation that upon review of the Account Register, Sale/Purchase Register and the Declaration on the production-raw material consumption and other documents for the year 2003-2004 audited by the local and Revenue Account Audit Department, Dhaka and found th......ect. The respondent is hereby directed to re-adjust the amount of Taka 10,90,585 in the VAT Register of the petitioner company at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 272.......ills Ltd………………Petitioner Vs. Commissioner, Customs Excise and VAT and others………………Respondent Judgment February 9, 2011. Result: The Rule is made absolute. Lawyers Involved: Tanim Hussain Shawon with Abdullah Mahmood Hasan, Advocate - For the Petitioner..

Category: Fiscal/Taxation Law | Date: | Hits: 196

Commissioner of Taxes, Dhaka Vs. MA Hossain & Co., 1992, 21 CLC (HCD)

....cting the appeal on the ground of limitation we answer the question in the negative. The parties are to bear their own costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 282.......Mahmudur Rahman J. -By this application under section 160(1) of the Income Tax Ordinance, 1984 read with section 66 of the Income‑Tax Act, 1922 the applicant preferred the following question of law for our decision: ‘‘Whether the Taxes Appellate Tribunal is justified in holding that the ......cting the appeal on the ground of limitation we answer the question in the negative. The parties are to bear their own costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 282.......��…Petitioner Vs. MA Hossain & Co. 98, DIT Road, Malibagh, Dhaka....................Respondent Judgment March 8, 1992. Result: The Rule is discharged. Lawyers Involved: Moksudur Rahman, Advocate ‑ For the Applicant. No one appears- For t..

Category: Procedural Law | Date: | Hits: 103

Dr. Sultan Ahmed Vs. AKM Fazlur Rahman and others, 1989, 18 CLC (HCD)

.... the court below are hereby affirmed. Order of stay passed by this Court earlier is vacated. Send down the LC records immediately. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 281. ......o show cause as to why the judgment and decree dated 18.9.89 passed by the learned Subordinate Judge, 1st Court (SCC Judge) Comilla, in Small Cause Court (SCC) Suit No. 12 of 1977, decreeing the suit for ejectment should not be set aside. 2. The plaintiffs instituted the suit for ejectment of the...... the court below are hereby affirmed. Order of stay passed by this Court earlier is vacated. Send down the LC records immediately. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 281. ......mel Haque J Dr. Sultan Ahmed .............Petitioner Vs. AKM Fazlur Rahman and others……………Opposite Parties Judgment January 28, 1992. Result: The Rule is discharged. Lawyers Involved: Faruque Ahmed, Advocate‑For the Petitioner. M Baziur Rahman Talukdar, Advo..

Category: Property Law | Date: | Hits: 108

Abdul Khaleque Vs. Court of Settlement and others, 1991, 20 CLC (HCD)

....lawful authority and the same are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 273.......1950 from Calcutta, West Bengal, India and settled permanently at Dhaka. The petitioner applied and obtained the certificate of domicile from the Dist. Magistrate on 30.11.1954. He also expressed his formal allegiance to the Govt. of Bangladesh by swearing an affidavit before a Magistrate, 1st Class......lawful authority and the same are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 273.......espondents. Judgment October 22, 1991. Result: The Rule is made absolute. Case Referred to- Mukhtar Ahmed Vs. Government of Bangladesh and others, 34 DLR 29. Lawyers Involved: MI Farooqui with M Saleemullah, Advocates ‑ For the Petitioner. AY S..

Category: Property Law | Date: | Hits: 90

Ramizuddin and others Vs. Abdul Hamid, 2009, 38 CLC (HCD)

....r as to costs. The impugned Judgment and order passed by the Appellate Court allowing the withdrawal of the suit is, hereby, set aside. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 434....... Parties. Civil Revision No. 4018 of 1999. Judgment Md. Mamtazuddin Ahmed J.- The Rule arises at the instance of the defendants on the following terms: "Let the records need not be called for and a Rule be issued calling upon the opposite party No.1 to show cause as to why the order date......r as to costs. The impugned Judgment and order passed by the Appellate Court allowing the withdrawal of the suit is, hereby, set aside. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 434....... Result: The Rule is made absolute. Cases Referred to- Abdur Rahman, 46 DLR 116; 25 DLR 97; 32 Calcutta page 244; 41 DLR 168; Md. Badruddin Moral Vs. Santosh Kumar Sen, 41 DLR (AD) 156. Lawyers Involved: Abdul Hamid, Advocate - For the Plaintiff-Appellant-Opposite Parties. Md. Kh..

Category: Procedural Law | Date: | Hits: 108

Abdul Kabir Vs. State, 1998, 27 CLC (HCD)

....sh the proceedings of that case. In the result, the Rule is discharged. Communicate the order to the Magistrate concerned at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 306. ......oner Abdul Kabir was served with a notice by the competent officer of the Bureau of Anti-Corruption under section 4 of the Anti-Corruption Act, 1957. In reply to the notice he submitted a statement before the authority about the matter. On inquiry, the Bureau of Anti-Corruption found that the statem......sh the proceedings of that case. In the result, the Rule is discharged. Communicate the order to the Magistrate concerned at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 306. ......ses Referred to- Abul Basher Vs. State, 47 DLR 521; Shantosh Bhushan Das Vs. the State, 4 BLT (AD) 58; Mostafizur Rahman Vs. Bangladesh, 49 DLR 599; Santosh Bhusan Das Vs. State, 4 BLT (AD) 58. Lawyers Involved: Not Represented- the Petitioner. Munsurul Hoque Chowdhury Deputy Attorney-Gen..

Category: Criminal Law | Date: | Hits: 109

Rustom Ali (Md.) Matubbar alias Alam Vs. Mohammad Salahuddin and another, 1998, 50 CLC (HCD)

....the Rule is devoid of substance and the same, thus, fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 301. ......d - the Opposite Parties. Criminal Miscellaneous Case No.137 of 1997. Judgment AK Badrul Huq J.- By this application under section 561A of the Code of Criminal Procedure the petitioner prays for quashing the proceeding of a complaint case pending for trial in the Court of Metropolitan Magis......the Rule is devoid of substance and the same, thus, fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 301. ......6 SC 1947; Sharda Prasad Sinha Vs. State of Bihar, AIR 1977 SC 1754 = (1977) 2 SCR 357; Abdul Kader Chowdhury and others Vs. State, 28 DLR AD 38; Sher Ali (Md.) and others Vs. State, 46 DLR AD 67. Lawyers Involved: Md. Serajul Huq, Advocate - For the Petitioner. Not Represented - the Opposi..

Category: Criminal Law | Date: | Hits: 112

MJL Bangladesh Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2010, 39 CLC (HCD)

....by the VAT authority in its entirety as per statement given in Annexure-'Z' of the supplementary affidavit dated 25-7-2010 forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 257. ......man, Assistant Attorney-General - For the Respondent No.1. Writ Petition No.4681 of 2010. Judgment Md. Ashfaqul Islam J.- Let the supplementary affidavits filed on behalf of the petitioner before this Division be formed part of the main petition. 2. At the instance of the petitioner MLJ ......by the VAT authority in its entirety as per statement given in Annexure-'Z' of the supplementary affidavit dated 25-7-2010 forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 257. ......sh Ltd………….........Petitioner Vs. Commissioner, Customs Excise and VAT and others................Respondents Judgment July 25, 2010. Result: The Rule is thus disposed of. Lawyers Involved: M Zahir, Senior Advocate with Muhammad Shafiqur Rahman Advocate - For the Petit..

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

Nuru Miah and others Vs. State, 2011, 40 CLC (HCD)

.... 16(sixteen) years released from the Jail immediately, if not wanted in any other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 242.......learned Additional Sessions Judge, 2nd Court, Brahmanbaria in Sessions Case No.121 of 1996 convicting the appellants under sections 302/34 of the Penal Code and sentencing them to suffer imprisonment for life with a fine of Taka 10,000 each, in default, to suffer rigorous imprisonment for 6(Six) mon...... 16(sixteen) years released from the Jail immediately, if not wanted in any other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 242.......e, 13 MLR (AD) 268; Ustar Ali Vs. State, 18 BLD (AD) 42 = 3 BLC (AD) 53; Babor Ali Molla Vs. State, 44 DLR (AD) 10; Alauddin Khan Pathan Vs. State, 19 BLD 74; State Vs. Babul Miah, 63 DLR (AD) 10. Lawyers Involved: Ms. Serwat Siraj, Advocate - For Appellants. Forhad Ahmed, Deputy Attorney-G..

Category: Criminal Law | Date: | Hits: 112

Abdul Jalil & other Vs. Islami Bank Bangladesh Ltd. and others, 2011, 40 CLC (AD)

....th the impugned judgment of the High Court Division. In the result, the appeal is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 107.......e order dated 27-7-1999 passed by the Subordinate Judge, 5th Court, Dhaka, in Title Suit No.42 of 1999 rejecting an application of the defendants under Order 7, rule 11 of the Code of Civil Procedure for rejection of plaint. By the impugned order dated 18-11-1999 the High Court Division made the rul......th the impugned judgment of the High Court Division. In the result, the appeal is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 107....... and others..........Respondents Judgment October 12, 2011. Result: The appeal is dismissed. Cases Referred to- Sreemati Pushapa Rani Das Vs. AKM Habibur Rahman, 13 BLD (AD) 217. Lawyers Involved: Mahmudul Islam, Senior Advocate instructed by Md. Zahirul Islam, Advocate-on-Re..

Category: Procedural Law | Date: | Hits: 108

Major (Retd.) M Khairuzzaman Vs. State, 1997, 26 CLC (HCD)

....tioner in the Dhaka Central Jail as under-trial prisoner in connection with Lalbagh PS Case No.11(11)75 till the disposal of that case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 283.......ood record of service and reputation. He comes of an enlightened distinguished well-to-do Muslim family of this country. The petitioner was arrested by the Police on 13-8-1996 in connection with the aforesaid case. At the time of his arrest he was serving in the Ministry of Foreign Affairs as Direct......tioner in the Dhaka Central Jail as under-trial prisoner in connection with Lalbagh PS Case No.11(11)75 till the disposal of that case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 283.......Ali J Major (Retd.) M Khairuzzaman…………………Petitioner Vs. State……………………Opposite Party Judgment October 30, 1997. Result: The Rule is made absolute. Lawyers Involved: Mahabubur Rahman, Advocate - For the Petitioner. Shahabuddin Ahmad, Deputy A..

Category: Criminal Law | Date: | Hits: 105

Salma Islam Vs. Parveen Banu & others, 1997, 26 CLC (HCD)

....sult, the appeal is dismissed without any order as to costs. The connected Civil Rule No. 208(f) of 1985 is accordingly disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 280.......cted against the judgment and decree dated 9-5-95 passed by the learned Subordinate Judge, First Court, Dhaka in Money Suit No.16 of 1991 dismissing the suit. 2. The plaintiff-appellant filed the aforesaid money suit alleging, inter alia, that one MA Nasir, husband of defendant-respondent No.1 an......sult, the appeal is dismissed without any order as to costs. The connected Civil Rule No. 208(f) of 1985 is accordingly disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 280....... The appeal is dismissed and the connective Civil Rule is accordingly disposed of. Cases Referred to- Bahori Lal Vs. Sri Ram, AIR 1946 All. 139; Ramdeo Vs. Messers B Chand, AIR 1962 Raj 164. Lawyers Involved: Nurul Huq with Alauddin, Advocates - For the Appellant. AF Hassan Arif with ..

Category: Property Law | Date: | Hits: 144

Laxmi Janardhan Jew Thakur and 3 others Vs. Government of the People’s Republic of Bangladesh and others, 1998, 27 CLC (HCD)

....stered without any lawful authority and is of no legal effect so far it relates to the property of deed of Endowment dated 25-9-1903. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 273. ......volved: MI Faruque with Salimullah, Advocate - For the Petitioners. AFM Shahid, Deputy Attorney-General - For Respondent Nos. 1-3. AF Hasan Ariff Advocate - For Respondent No.4. SK Sinha for Habibul Islam Bhuiyan, Advocates - For added Respondent No.8. Writ Petition No.4127 of 1992. ......stered without any lawful authority and is of no legal effect so far it relates to the property of deed of Endowment dated 25-9-1903. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 273. ......thers………………Respondents Judgment March 25, 1998. Result: The Rule is made absolute. Case Referred to- Shuk Deb & another Vs. Province of East Pakistan, 22 DLR 245. Lawyers Involved: MI Faruque with Salimullah, Advocate - For the Petitioners. AFM Shahid, Dep..

Category: Property Law | Date: | Hits: 85

Rokeya Begum Vs. Md. Abdur Rahman alias Ganda being dead his heirs: 1(a) Md. Abdul Barik and others, 1998, 27 CLC (HCD)

....able in law. Accordingly, the Rule succeeds and it is made absolute without any order as to costs. Send down the LC records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 271.......aha J.- This Rule is directed against the judgment and decree dated 12-11-92 passed by the learned Assistant Judge, Madarganj in Other Class Suit No.1 of 1991 decreeing the suit. 2. Relevant facts for the purpose of the case, in short, are that the opposite parties as plaintiffs instituted a suit......able in law. Accordingly, the Rule succeeds and it is made absolute without any order as to costs. Send down the LC records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 271.......s……………………Opposite Parties Judgment February 4, 1998. Result: The Rule is made absolute. Case Referred to- Kazi Motiur Rahman and others Vs. Bin Islam, 43 DLR 128. Lawyers Involved: Md. Reza-e-Murshed Kamal, Advocate - For the Petitioner. Not Represented - F..

Category: Property Law | Date: | Hits: 86

Ansarul Hoque Vs. Agrani Bank, 1997, 26 CLC (HCD)

.... of with a direction to return the plaints to the petitioners or their learned Advocates for presenting the same to the District Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 263....... Karachi 445; JK Sarma Vs. KS Ramchandra Setty, AIR 1965 Mysore 248. Summary Suit No.13 of 1997. Judgment Abdul Karim J.- All these applications under Order 37 of the Code of Civil Procedure for disposal of suits in summary procedure have come up together for disposal and this judgment will...... of with a direction to return the plaints to the petitioners or their learned Advocates for presenting the same to the District Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 263....... of with a direction to return the plaints to the petitioners or their learned Advocates for presenting the same to the District Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 263...

Category: Procedural Law | Date: | Hits: 92

Mahbub Alam Vs. Commissioner, Customs, Excise and VAT, Sylhet and others, 2010, 39 CLC (HCD)

....dgment and order to the Special Tribunal concerned for necessary action and the Respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 395. ...... Vs. Commissioner, Customs, Excise and VAT, Sylhet and others………………….Respondents Judgment June 6, 2010. Result: The Rule is discharged and the petition dated 18-5-2010 for direction is rejected. Cases Referred to- Khalilur Rahman Vs. Bangladesh, 2000 BLD (AD) 15......dgment and order to the Special Tribunal concerned for necessary action and the Respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 395. ......h, 2000 BLD (AD) 152; 52 DLR (AD) 115; Shamsunnahar Salam Vs. Md. Wahidur Rahman, 51 DLR (AD) 232; Md. Idris Vs. EP Timber Merchants, 20 DLR 355; Dr. MO Ghani Vs. Dr. ANM Mahmood, 18 DLR (SC) 463. Lawyers Involved: Md. Shahidul Islam, Advocate - For the Petitioner. Md. Abdur Rahman Howlader..

Category: Fiscal/Taxation Law | Date: | Hits: 177

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