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Abarak Ali Vs. Shefaul Karim, Assistant Commissioner, (Land) Jagannathpur, District Sunamganj, 1998, 27 CLC (HCD)

....” For Respondents. Writ Petition No. 84 of 1994. Judgment Bijan Kumar Das J. - This Rule at the instance of the petitioner under Article 102 of the Constitution of the People’s Republic of Bangladesh was issued calling upon the respondents to show cause why the initiation of the proceedin......without any lawful authority and is of no legal effect. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 183....... since the petitioner and his brother were residing in the United Kingdom they could not mutate their names in the revenue records earlier and subsequently they mutated their names in respect of the aforesaid purchased land in Mutation Case No. 1518 of 1990 in the Office of the Assistant Commissione......without any lawful authority and is of no legal effect. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 183...

Category: Property Law | Date: | Hits: 172

Sultan Mahmud Chowdhury Vs. Secretary, Ministry of Public Works and Urban Development & others, 2004, 33 CLC (HCD)

....cts are not disputed that the suit plot was allotted to the plaintiff. On receipt of requisite fees, a deed of lease was executed and registered on behalf of the President of the People's Republic of Bangladesh by one authorised officer of the Ministry of Works. 18. Said deed of lease stipulated,......ant No.7 are declared to be illegal, collusive, without jurisdiction, mala fide and of no legal effect. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 269. ......appeal against the decree dated 12‑3‑2001 passed by the Subordinate Judge and Arbitration Court at Dhaka in Title Suit No. 3 of 2000, which dismissed the suit. 2. Plaintiff instituted the suit for a decree of declaration that memo dated 12‑10‑1994 canceling lease and that dated 29‑10‑......ant No.7 are declared to be illegal, collusive, without jurisdiction, mala fide and of no legal effect. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 269. ..

Category: Property Law | Date: | Hits: 73

Pak Eastern Industries Ltd. Vs. DC, Dhaka and another, 2004, 33 CLC (HCD)

....€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Respondents Judgment March 4, 2004. Cases Referred to- Chimanlal Hargovindas Vs. Special Land Acquisition Officer, Poona, AIR 1988 SC 1652; Abdul Gafur Khan Vs. Bangladesh, 4.2 DLR (AD) 99; Bangladesh Vs. Abdul Khaleque and others, 29 DLR (SC) 110; Abdul Gafur ......hin a period of three months from date of receipt of this order, positively. Send down the records at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)259. ......resented a cross-appeal from same order. 3. On or about 29‑11‑2000, the owner made an application under section 7(aaa) of the (Emergency) Requisition of Property Act, 1948 (Act XIII of 1948) before the arbitrator for compensation of Taka 179,16,50,000 for acquisition of 11.575 acres of land. ......hin a period of three months from date of receipt of this order, positively. Send down the records at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)259. ..

Category: Property Law | Date: | Hits: 77

Shafiqul Islam Shimul (Md) Vs. Bangladesh, 2003, 32 CLC (HCD)

....urt High Court Division (Special Original Jurisdiction) Present: Amirul Kabir Chowdhury J Md. Nizamul Huq J Shafiqul Islam Shimul (Md)..........................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs and other….Respondents Judg....... 478923 and 100 bullets by the respondent No.5 are declared to have been made without lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 239. ......In the application it has been stated that the petitioner is General Secretary, District Committee of youth front of the main opposition political party of the country and a bona fide businessman and for his protection he was given a licence in 1998 to hold a Rifle and he renewed the said licence fr....... 478923 and 100 bullets by the respondent No.5 are declared to have been made without lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 239. ..

Category: Criminal Law | Date: | Hits: 63

Grameen Bank Karmachari Union Vs. Member, Labour Appellate Tribunal Dhaka and others, 1998, 27 CLC (HCD)

....permission for cancellation of registration of the Union is tantamount to taking away of the right of the employees to form trade union guaranteed under the Constitution of the People’s Republic of Bangladesh. 13. Respondent No.2 (The Registrar of Trade Unions) has opposed the Rule by filing an...... the result, the Rule is made absolute without however any order as to cost. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 179. ...... briefly (IRO) on 10-3-91 bearing Registration No.B-1935. 3. Facts of the petitioner’s case, briefly stated, are: (a) that respondent No.2, the Registrar of Trade Union filed an application before the Chairman, Second Labour Court Dhaka under section 10(2) of the Industrial Relations Ordinan...... the result, the Rule is made absolute without however any order as to cost. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 179. ..

Category: Labour and Industrial Law | Date: | Hits: 186

Joynal Abedin (Md) Vs. Gurupada Chakraborty and others, 2002, 31 CLC (HCD)

.... also for recovery for possession in the scheduled property. 3. During the pendency of the suit plaintiff Gurupada Chakraborty went to India and fell ill. As the plaintiff was unable to return to Bangladesh promptly, he appointed Md. Arab Ali Master as his constituted attorney to conduct the sui...... Communicate the order at once to the learned Senior Assistant Judge, Chandina in Comilla for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 230. ......whereby Md. Arab Ali was appointed as his constituted attorney. 2. The opposite party No.1 as plaintiff instituted Title Suit No. 6 of 1994 in the Court of the Assistant Judge, Chandina in Comilla for cancellation of the disputed sale deed as being forged, fraudulent and without consideration and...... Communicate the order at once to the learned Senior Assistant Judge, Chandina in Comilla for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 230. ..

Category: Property Law | Date: | Hits: 65

H.M.A. Sattar Vs. Government of People's Republic of Bangladesh, 2009, 38 CLC (AD)

.... (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J H.M.A. Sattar.....................Petitioner Vs. Government of People's Republic of Bangladesh, represented by the Secretary, Ministry of Education, Bangladesh Secretariate, Ramna, Dha......fere with the impugned judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 71. ...... Md. Tazul Islam, Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No. 8. (Appeared with the leave of the Court) Not represented-Respondent Nos. 1-7. Civil Petition for Leave to Appeal No.1162 of 2008. (From the judgment and order dated 30.09.2007 passed by the ......fere with the impugned judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 71. ..

Category: Civil Law | Date: | Hits: 90

Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 2002, 31 CLC (HCD)

.... (HCD) (2004) 224. ......e Metropolitan Chamber of Commerce and Industry for arbitration in accordance with clause 18 of the contract. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 224. ......on under section 115 of the Code of Civil Procedure against order No. 13 dated 25‑11‑2001 passed by Subordinate Judge, Court No. 5 at Dhaka in Title Suit No. 31 of 2001, which rejected the prayer for stay of further proceedings of the suit. 2. Opposite party No.1, a firm engaged in exporting ......e Metropolitan Chamber of Commerce and Industry for arbitration in accordance with clause 18 of the contract. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 224. ..

Category: Alternative Dispute Resolution | Date: | Hits: 245

Chand Mia and others Vs. MA Rajput Ghosh Bahadur & others, 2002, 31 CLC (HCD)

.... to the plaint and corresponding correction to the decree in Title Suit No. 2 of 1959 as prayed for. There is no order as to cost. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 221. ...... to the plaint and corresponding correction to the decree in Title Suit No. 2 of 1959 as prayed for. There is no order as to cost. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 221. ......le Suit No. 2 of 1959 in the Court of Assistant Judge, Nesarabad, District Pirojpur rejecting the petitioner's application under section 152 of the Code of Civil Procedure. 2. The learned Advocate for the petitioner, Mr. Chandi Charan Paul, being unable to be present in Court due to his illness, ...... to the plaint and corresponding correction to the decree in Title Suit No. 2 of 1959 as prayed for. There is no order as to cost. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 221. ..

Category: Property Law | Date: | Hits: 61

State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)

....dris Jamai be set at liberty forthwith if not wanted in connection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ......dris Jamai be set at liberty forthwith if not wanted in connection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ......nd Jail Appeal No. 817 of 2001. Judgment SK Sinha J.- This reference under section 374 of the Code of Criminal Procedure has been made by the learned Additional Sessions Judge, 1st Court Khulna for confirmation of sentence of death awarded to the condemned prisoners Ershad Ali Sikder, Faruk Ja......dris Jamai be set at liberty forthwith if not wanted in connection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ..

Category: Criminal Law | Date: | Hits: 110

Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)

...........Appellants Vs. State represented by the DC.................Respondent Judgment April 5, 2003. Cases Referred to- Rameshwar Dayal and others Vs. State of UP, AIR 1978 SC 1558; Bangladesh (State) Vs. Paran Chandra Baroi, 1986 BCR (AD) 225; Asadur Rahman alias Asad and others V......kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ......ed relationship which existed between two families living in same homestead resulted in extermination of eldest member and head of one family Ismail Kha. The consequent Judicial verdict of conviction for offence of sections 302/34 of The Penal Code and sentence of imprisonment for life upon three (3......kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ..

Category: Criminal Law | Date: | Hits: 54

Salahuddin Talukder (Md) Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)

.... SAN Mominur Rahman J Md. Arayes Uddin J Salahuddin Talukder (Md).....................................................Petitioner Vs. Government of the People's Republic of Bangladesh.................Respondent Judgment April 16, 2002. Cases Referred t......r, Appraiser and others so far relates to the petitioner is hereby declared to have been passed without any lawful authority. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 161. ......ś...................the appellants argument that by receiving the same scale of pay the Preventive Officer and Appraisers have become members of the same grade with effect from 26‑6‑1983 and therefore the Preventive Officers became senior as a Class to those who have been appointed directly as A......r, Appraiser and others so far relates to the petitioner is hereby declared to have been passed without any lawful authority. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 161. ..

Category: Employment/Service Law | Date: | Hits: 116

Ocean Containers Ltd. Vs. Government of Bangla­desh and others, 2002, 31 CLC (HCD)

.... as it has been so intended by clause 2 thereof. 7. Section 46A was inserted in the Income Tax Ordinance, 1984 by the Finance Act, 1995 providing for tax exemption to certain undertaking set up in Bangladesh between 1st July, 1995 and 30th day of June, 2000 (both days inclusive) provided it was, ......id SRO are illegal and without jurisdiction. In the result, the Rule is made absolute for the above reasons without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 250.......ercial basis under certain conditions provided such undertaking was established in between the first day of July, 1995 and 30th June, 2000 (both days inclusive) and an application was made to the NBR for such tax exemption within 180 days from the date of commencement of its commercial production/op......id SRO are illegal and without jurisdiction. In the result, the Rule is made absolute for the above reasons without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 250...

Category: Fiscal/Taxation Law | Date: | Hits: 86

Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)

....set out. In State Vs. Abdul Wahab Shah Chowdhury and another 51 DLR (AD) 242=4 MLR (AD) 291 an observation has been recorded by Appellate Division in the terms that since there is a Law Commission in Bangladesh the matter may be referred by the Government before the Law Commission for incorporating ......udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241.......ahima Nasrin, Assistant Attorney-General-For the State Opposite Party No. 1. Rabeya Bhuiyan, with Sadiqun Nahar Papri, Shamsee Ara Begum, Majumder Saiful Islam and PC Guha, Advocates ‑ For the Informant. Criminal Miscellaneous Case No. 9087 of 2001. Judgment AK Badrul Haq J.- The claim......udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241...

Category: Criminal Law | Date: | Hits: 79

Syed Afsaruddin Vs. Bangladesh, represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh and others, 2009, 38 CLC (AD)

.... Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Syed Afsaruddin....................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Works, Government of the People's Republic of ......and thus there is no merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed Ed. This Case is also Reported in: 16 MLR (AD) (2011) 49, 63 DLR (AD) (2011) 127. ...... 49 DLR (AD) 161. Lawyers Involved: M. I. Farooqui, Senior Advocate instructed by M.G. Bhuiyan, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 934 of 2008. (From the judgment and order dated 27.11.2007 passed by the ......and thus there is no merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed Ed. This Case is also Reported in: 16 MLR (AD) (2011) 49, 63 DLR (AD) (2011) 127. ..

Category: Property Law | Date: | Hits: 54

Russel Vegetable Oil Ltd. Vs. Collector of Customs and others, 2000, 29 CLC (HCD)

....ric ton which has been challenged by the petitioner. 8. Mr. Zainul Abedin, the learned Advocate appearing on behalf of the petitioner placed before us a copy of the SRO issued by the Government of Bangladesh, Ministry of Finance Internal Resources Division (Customs) dated 28-10-93 to show us that...... two months. There shall be no order as to costs. Let a copy of this order be sent to the Commissioner of Customs, Chittagong. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 382. ...... the Board of Investment. 3. In course of business the petitioner company obtained an Indent on 22-8-94 (Annexure B) from Gardener Smith (South-East Asia) Private Limited, 37 Graig Road, Singapore for the import of 3,000 metric tons of Crude Degummed Soyabean Oil and the price quoted in the inden...... two months. There shall be no order as to costs. Let a copy of this order be sent to the Commissioner of Customs, Chittagong. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 382. ..

Category: Fiscal/Taxation Law | Date: | Hits: 79

Abdul Ahad @ Md. Abdul Ahad Vs. State, 2000, 29 CLC (HCD)

....akistan, Sessions Judges have been given revisional powers to make final orders but at the same time, their powers under section 438 to recommend to the High Court for orders have been taken away. In Bangladesh, Sessions Judges have been given revisional powers to make final orders but simultaneousl......86 pending in the Court of Upazila Magistrate, Jagannathpur, District Sunamganj are quashed. The Rule is accordingly, made absolute. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 379.......ent. Criminal Miscellaneous Case No. 2786 of 1995. Judgment SK Sinha J.- Points involved in this Rule are, whether a Magistrate can initiate a proceeding under section 188 of the Penal Code for alleged violation of his order without making a formal complaint and that whether a revision pet......86 pending in the Court of Upazila Magistrate, Jagannathpur, District Sunamganj are quashed. The Rule is accordingly, made absolute. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 379...

Category: Criminal Law | Date: | Hits: 57

Commissioner of Taxes Vs. Bangladesh Rural Advancement Committee (BRAC), 1999, 28 CLC (HCD)

....eme Court High Court Division (Statutory Civil Original Jurisdiction) Present: Mahmudul Amin Choudhury J Md. Abdul Aziz J Commissioner of Taxes……………… Applicant Vs. Bangladesh Rural Advancement Committee (BRAC)……………..Respondent Judgment February 3,......ese two reference applications are being disposed of by this single judgment. 2. It is the case of the appellant that Bangladesh Rural Advancement Committee which is a registered society under the Society Registration Act, 1860 preferred the said two applications against the assessment of the inc......ese two reference, applications have been filed by the Revenue under section 160 of the Income Tax Ordinance, 1984 which arose out of two orders of the same nature in respect of ITA No. 55 of 1994-95 for the assessment year 1989-90 and ITA No. 552 of 1994-95 for the assessment year 1990-91 passed by......estions put to us in the reference applications are in the affirmative. These two Reference Applications are accordingly disposed of. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 152. ..

Category: Fiscal/Taxation Law | Date: | Hits: 99

Arab Bangladesh Bank Ltd. Vs. Md. Shahiduzzaman DD, Bureau of Anti Corruption, Dhaka and others, 1998, 27 CLC (HCD)

.... This Case is also Reported in: 51 DLR (HCD) (1999) 145.......sions Judge, Dhaka is declared to have been issued illegally and the same is without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 145.......ed the respondent No. 1, namely, the Deputy Director, Bureau of Anti-Corruption, to state the reasons and purpose of seizure of the documents. The respondent No. 1 failed to give satisfactory reasons for seizure of the documents. The petitioner after receiving the order made application to the Distr......sions Judge, Dhaka is declared to have been issued illegally and the same is without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 145...

Category: Criminal Law | Date: | Hits: 41

Islamic Foundation Bangladesh Vs. Firoz Alam and others, 1997, 26 CLC (HCD)

....orted in: 51 DLR (HCD) (1999) 141. ......1-11-1995 passed by this Court staying the operation of the impugned judgment and decree passed by the trial Court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 141. ......dent is entitled to the leasehold right in respect of the shop No. 49 in the ground floor of Baitul Mokarram as a lawful heir and successor of late Md. Ismail. 2. Plaintiff Khairunnessa filed the aforesaid title suit for a declaration that she was entitled to continue as a lessee of shop No. 49 i......1-11-1995 passed by this Court staying the operation of the impugned judgment and decree passed by the trial Court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 141. ..

Category: Property Law | Date: | Hits: 116