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Government of Bangladesh Vs. Hazrat Baku Shah Hawkers Market Somabaya Samity, 2010, 39 CLC (AD)

....l) Present: Mohammad Fazlul Karim CJ Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Secretary, Ministry of Land, Government of Bangladesh, Dhaka and others........Appellants (In both the appeals). Vs. Hazrat Baku Shah Haw......m date". The Attorney General office will communicate the judgment and order of this Court to the Ministry concerned for compliance. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 505.......rit Petitions were heard analogously. 2. The Rule was issued in Writ Petition No.552 of 2003 calling upon the respondents to show cause as to why they should not be directed to take necessary step for registering the deed of permanent lease of 1.68 acres of khas land in favour of the petitioner. ......m date". The Attorney General office will communicate the judgment and order of this Court to the Ministry concerned for compliance. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 505...

Category: Property Law | Date: | Hits: 28

Md. Siddiqur Rahman Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)

....sion (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Abdul Matin J ABM Khairul Haque J Md. Siddiqur Rahman………………….Petitioner Vs. Government of Bangladesh and others…………........Respondents Judgment October 5, 2009. Lawyers Invo......ons of Section 39 of the Ain. Under the circumstances, this petition merits no consideration. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 653.......ctober 5, 2009. Lawyers Involved: Mainul Hosein, Senior Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not Represented-the Respondents. Civil Petition for Leave to Appeal No.1161 of 2008. (From the Judgment and order dated 29.04.2008 passed by the ......ons of Section 39 of the Ain. Under the circumstances, this petition merits no consideration. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 653...

Category: Employment/Service Law | Date: | Hits: 71

Altab Ali Vs. Rupjan Bibi and others, 2010, 39 CLC (AD)

....h, 2009 passed by the High Court Division in Civil Revision No.185 of 2006). Order Mohammad Fazlul Karim J.- This appli­cation under Article 103 of the Constitution of the People's Republic of Bangladesh is directed against the judg­ment and Order dated the 17th day of March, 2009 passed by ...... preparation of paper books is dis­pensed with as prayed for. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 651.......bruary 11, 2010. Lawyers Involved: A.Q.M. Safiullah, Advocate instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No.954 of 2009. (From the judgment and order dated the 17th day of March, 200...... preparation of paper books is dis­pensed with as prayed for. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 651...

Category: Property Law | Date: | Hits: 30

Commissioner of Tax Vs. Chowdhury Apparels (Pvt.) Ltd., 2001, 30 CLC (HCD)

....ng of this reference application. Whether the over draft allowed against the LC was in accordance with law or not is a matter for the concerned bank and this is within supervisory jurisdiction of the Bangladesh Bank as submitted by the learned Advocate appearing for the assessee. The learned Assista......question No.1 has been answered in the affirmative, we find it redundant to answer question No.2 which is more or less similar question No.1. Ed. This Case is also Reported in: 54 DLR (2002) 483.......the Companies Act, 1913, was assessed on a total income of Taka 1,80,20,264 by adding Taka 1,57,58,802 on account of unexplained investment in commercial building under section 19(4) of the Ordinance for the assessment year 1996-97 by the Deputy Commissioner of Taxes, Companies Circle-10, Taxes Zone......question No.1 has been answered in the affirmative, we find it redundant to answer question No.2 which is more or less similar question No.1. Ed. This Case is also Reported in: 54 DLR (2002) 483...

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

Angur Vs. State, 1988, 17 CLC (HCD)

....he present appellant and then transferred the case to the 4th Court of Assistant Sessions Judge, Mymensingh for disposal. 6. On 3.12.80 Mr. N. R. Khan, Assistant Su­perintendent of Police, C.I.D. Bangladesh, submitted a petition to trial Court through A.P.P. stating as follows:- Ref: Sessions......e anything for which the pardon already tendered to him can be forfeited. He should be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (1989) 66.......s Judge by his Judgment dated 29.6.85 found appellant Angur guilty of the offence punishable un­der sections 395/397 of the Penal Code and convicted and sentenced him to suffer rigorous imprisonment for 7(seven) years and also to pay a fine of TK. 500/- in default, to suffer rigorous imprisonment f......e anything for which the pardon already tendered to him can be forfeited. He should be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (1989) 66...

Category: Criminal Law | Date: | Hits: 42

Abdul Mukit Chowdhury Vs. The Chief Election Com­missioner & others, 1988, 17 CLC (HCD)

.... December 6, 1988. Cases Referred to- Presiding Officer Vs. Sadrauddin Ansari, 19 DLR (S.C.) 516, N.P. Ponnswarmi Vs. The Returning Officer Namakkl, AIR 1952 (S.C.) 64, New India Tea Co. Vs. Bangladesh, 31 DLR (AD) 303. Lawyers Involved: Khondker Mahbubuddin Ahmed with B.K. Das, Mirza......nt any such direction. In the result, the Rule is discharged without costs. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 57.......i Shafiuddin J.- This Rule was is­sued calling upon the respondents to show cause why the respondent Nos. 1-4 shall not be directed to hold fresh polls at Dhaka Uttar Muhammadpur High School Station for the election of Chairman of No. 1 Ali Nagar Union Parishad within Upazila Beani Bazar, District ......nt any such direction. In the result, the Rule is discharged without costs. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 57...

Category: Election Law | Date: | Hits: 119

Warish Miah Vs. People's Republic of Bangladesh, 1988, 17 CLC (HCD)

....ourt Division (Special Original Jurisdiction) Present: Syed Misbahuddin Hossain J Qazi Shafiuddin J Warish Miah...........................Petitioner Vs. The People's Republic of Bangladesh represented by the Secretary, Ministry of Local Govt. & Rural Devel­opment & others...........es of the present case. In the result, the Rule is discharged without costs. The order of slay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 51......hould not be declared to have been passed without lawful authority and of no legal effect. 2. Petitioner's case in short is that the petition­er along with other candidates contested the election for the office of Chairman of No. 4 Upper Kagabala Union Parishad held on 10.2.88 and 11.4.88. The p......es of the present case. In the result, the Rule is discharged without costs. The order of slay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 51..

Category: Election Law | Date: | Hits: 104

Md. Jahangir Alam Vs. Government of Bangladesh and others, 2010, 39 CLC (AD)

....n (Civil) Present: Md. Tafazzul Islam CJ Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Md. Jahangir Alam…………………...Petitioners Vs. Government of Bangladesh and others……........Respondents Judgment January 10, 2010. Lawyers Involved:......e infructuas since the period of work-order expired by efflux of time on 22.06.2009. In that view of the matter, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 649.......etitioner. Md. Murad Reza, Additional Attorney General, instructed by Md. Mushfiqur Rahman Khan, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-13. Civil Petition for Leave to Appeal No. 2446 of 2009. (From the judgment and order dated 17.11.2009 passed by the......e infructuas since the period of work-order expired by efflux of time on 22.06.2009. In that view of the matter, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 649...

Category: Civil Law | Date: | Hits: 76

Government of Bangladesh and others Vs. Md. Alauddin, 2010, 39 CLC (AD)

....in: VII ADC (2010) 641.......of compul­sory retirement as illegal. Under such circumstances, this petition does not merit consideration and is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 641....... Abdus Salam Mondal, Deputy Attorney-General, instructed by Gias Uddin Ahmed, Advocate-on-Record-For the Petitioners. Syed Mahbubur Rahman, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 803 of 2009. (From the Judgment and order dated 10.02.2009 passed by the ......of compul­sory retirement as illegal. Under such circumstances, this petition does not merit consideration and is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 641...

Category: Administrative Law | Date: | Hits: 201

Government of Bangladesh Vs. Md. Samsuzzaman, 2009, 38 CLC (AD)

.... 635. ...... upholding the judgment and order of the Administrative Tribunal. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 635. ......ber 12, 2009. Lawyers Involved: Mrs. Nahid Yesmnin, Deputy Attorney General instructed by B. Hossain, Advocate-on-Record-For the Petitioners. Not presented- the Respondent. Civil Petition for Leave to Appeal No.709 of 2009. (From the judgment and order dated 27.01.2009 passed by the A...... upholding the judgment and order of the Administrative Tribunal. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 635. ..

Category: Administrative Law | Date: | Hits: 205

Dilip Datta and another Vs. Additional Deputy Commissioner (Revenue), Brahmanbaria and others, 2010, 39 CLC (AD)

...., 2009 passed by the High Court Division in Civil Revision No. 5274 of 2002). Order Mohammad Fazlul Karim J.- This application under Article 103 of the Constitution of the People's Republic of Bangladesh is directed against the judg­ment and order dated the 25th day of May, 2009 passed by th...... preparation of paper books is dis­pensed with as prayed for. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 631.......uary 17, 2010. Lawyers Involved: A.B. Roy Chowdhury, Advocate intrud­ed by Habibur Rahman Miah, Advocate-on-Record-For the Petitioners. Not rep­resented- the Respondents. Civil Petition for Leave to Appeal No. 1800 of 2009. (From the judgment and order dated the 25th day of May, 200...... preparation of paper books is dis­pensed with as prayed for. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 631...

Category: Property Law | Date: | Hits: 27

Commissioner of Taxes Vs. Aleaf Enterprise, 2001, 30 CLC (HCD)

....n accordance with law. The result, therefore, is that the question raised is answered in the affirmative. There be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 471. ......n accordance with law. The result, therefore, is that the question raised is answered in the affirmative. There be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 471. ......me Tax Ordinance, 1984 at the instance of the Commissioner of Taxes Zone-7 Dhaka arises out of an order dated 9-9-96 passed by the Taxes Appellate Tribunal, Single Bench, Dhaka in ITA No. 2534/95-96, for the assessment year 1992-93. 2. In pursuance of the notice under sections 79 and 83(1) of the......n accordance with law. The result, therefore, is that the question raised is answered in the affirmative. There be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 471. ..

Category: Fiscal/Taxation Law | Date: | Hits: 55

Ali Sikder (Md.) Vs. Government of Bangladesh & Others, 2002, 31 CLC (HCD)

....igh Court Division (Special Original Jurisdiction) Present: Kazi AT Manowaruddin J Md. Anwarul Hoque J Ali Sikder (Md.)…………………………Petitioner Vs. Government of Bangladesh & Others……….. Respondent Judgment January 22 & 23, 2002. Case Ref......a substantial question of law as to the interpretation of Constitution. His prayer for certificate is refused as we do find the case to be so. Ed. This Case is also Reported in: 54 DLR (2002)453.......999 (Annexure G to the petition) shall not be declared to have been made without any lawful authority and why the respondents shall not be directed to deliver the possession of 3 godowns belonging to former APC (Rally) Oil Mill located at Strand Road Chittagong under control and supervision of respo......a substantial question of law as to the interpretation of Constitution. His prayer for certificate is refused as we do find the case to be so. Ed. This Case is also Reported in: 54 DLR (2002)453...

Category: Property Law | Date: | Hits: 22

Duran Begum Vs. DC and Magistrate, 2nd Class, Railway Lands and Buildings and others, 2000, 29 CLC (HCD)

....oner and her husband. The petitioner has also filed approval of RAJUK dated 7-10-1991 as to the building plan by letter dated 17-5-1993 vide Annexure E, Annexure E1 is the sanction letter of the Arab Bangladesh Bank about house building loan of the petitioner. Annexure E4 is the SA Map relating to t......dated 25-10-1999 Annexure A to the Writ Petition is hereby declared to have been made without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 54 DLR (2002) 448.......aim in that their notices at all relate to the land of Sadrul Hasan which does not devolve the land purchased by the petitioner and her husband. The respondent No. 1 served a notice dated 25-10-1999 for eviction in eviction Case No. 5 upon the petitioner on 26-10-1999 issued in the name of the peti......dated 25-10-1999 Annexure A to the Writ Petition is hereby declared to have been made without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 54 DLR (2002) 448...

Category: Property Law | Date: | Hits: 22

Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2001, 30 CLC (HCD)

.... to take lease of the ‘A’ scheduled properties on the basis of said illegal notification and hence the plaintiffs were compelled to file the suit. 4. The opposite party No. 5 the Government of Bangladesh as defendant No. 1 contested the suit by filing a written statement stating, inter alia, ...... impugned Judgment and decree calling for interference by the Court. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 440....... Subordinate Judge, Noakhali in Other Class Suit No. 85 of 1967. 2. The opposite party Nos. 1-4 as plaintiffs instituted Other Class Suit No. 85 of 1967 in the Court of Subordinate Judge, Noakhali for declaration that the suit property as described in Schedule A to the plaint measuring an area of...... impugned Judgment and decree calling for interference by the Court. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 440...

Category: Property Law | Date: | Hits: 23

Bangladesh Anabic Shakti Commission Karmachari Union Vs. Member, Labour Appellate Tribunal, Dhaka and others, 2000, 29 CLC (HCD)

.... costs. Ed. This Case is also Reported in: 54 DLR (2002)430....... and orders and cancellation of the registration of the petitioner union. Accordingly the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002)430.......shall not be declared illegal, without lawful authority and to be of legal effect and also to show cause as to why registration of petitioner’s Union shall not be restored. 2. The facts relevant for disposal of the rule are that the petitioner union got its registration as Trade Union having re...... and orders and cancellation of the registration of the petitioner union. Accordingly the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002)430...

Category: Labour and Industrial Law | Date: | Hits: 158

Sarwar Garments Ltd. Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)

....ose of the inquiry initiated by her under section 13(2) (b) of the Customs Act expeditiously and as early as possible in accordance with law. Ed. This Case is also Reported in: 54 DLR (2002) 420.......ose of the inquiry initiated by her under section 13(2) (b) of the Customs Act expeditiously and as early as possible in accordance with law. Ed. This Case is also Reported in: 54 DLR (2002) 420....... bonded warehouse licence No. 487/Cus-SBW/85 dated 8-9-1985 of the petitioner Company under section 13(3) of the Customs Act, 1969. 4. The petitioner Company established a Garments Factory in 1984 for producing readymade garments by mechanical and manual process and for manufacturing men’s shir......ose of the inquiry initiated by her under section 13(2) (b) of the Customs Act expeditiously and as early as possible in accordance with law. Ed. This Case is also Reported in: 54 DLR (2002) 420...

Category: Fiscal/Taxation Law | Date: | Hits: 63

Dewanbagh Darbar Sharif and another vs. Government of the People’s Republic of Bangladesh and others, 2002, 31 CLC (HCD)

....Original Jurisdiction) Present: Md. Hamidul Haque J Nazmun Ara Sultana J Dewanbagh Darbar Sharif and another………….. Petitioners Vs. Government of the People’s Republic of Bangladesh and others………… Respondents Judgment July 7, 2002. Cases Referred To- ......any direction in accordance with law in case of holding of any big congregation. With the observations made above the rule is disposed of. Ed. This Case is also Reported in: 54 DLR (2002) 413........ Writ Petition No. 388 of 2002. Judgment Md. Hamidul Haque J. - This Rule was issued calling upon the respondents to show cause as to why they should not be directed to take necessary steps for peaceful entry of the petitioner and his devotees to his Dewanbagh Darbar Sharif to hold and arr......any direction in accordance with law in case of holding of any big congregation. With the observations made above the rule is disposed of. Ed. This Case is also Reported in: 54 DLR (2002) 413...

Category: Property Law | Date: | Hits: 25

Golam Mohammad Khan Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)

.... High Court Division (Special Original Jurisdiction) Present: Md. Hamidul Haque J Nazmun Ara Sultana J Golam Mohammad Khan………………… Petitioner Vs. Government of Bangladesh and others….. Respondents Judgment January 16, 2002. Cases referred To- ......ed illegally and, as such, we find no substance in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002)405.......udgment Md. Hamidul Haque J.- This Rule was issued calling upon the respondents to show cause as to why the detenu Al-Haj Mokbul Hossain now detained in Dhaka Central Jail, should not be brought before this Court so that it may satisfy itself that he is not being held in custody illegally and wit......ed illegally and, as such, we find no substance in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002)405...

Category: Criminal Law | Date: | Hits: 60

Tofail Ahmed Vs. Bangladesh, 2001, 30 CLC (HCD)

....rted in: 54 DLR (2002)403.......ten) days of receipt of this judgment. Advance copy of the order portion may be communicated to the respondents at the cost of the petitioner. Ed. This Case is also Reported in: 54 DLR (2002)403.......be declared to be without lawful authority and of no legal effect. 2. Mr. Rokanuddin Mahmud appeared on behalf of the petitioner, and at the very outset he has pointed out the petitioner was not informed of the reasons for impounding his passport. An Inspector of Police of Special Branch, Dhaka, ......ten) days of receipt of this judgment. Advance copy of the order portion may be communicated to the respondents at the cost of the petitioner. Ed. This Case is also Reported in: 54 DLR (2002)403...

Category: Others | Date: | Hits: 102