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BIVAC International SA and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)

....t without any order at to cost. The order of direction given at the time of issuance of the Rule by this Division is hereby recalled. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 284. ......t a rate higher than 4.5% (as evidenced in Annexure-A series and more specifically identified in Prayer 'A' to the writ petition) (a) failure of the Respondents to treat the petitioners "Consultants" for the purpose of payment of VAT under the VAT Act, 1991 and the VAT Rules 1991 (c) deduction of VA......t without any order at to cost. The order of direction given at the time of issuance of the Rule by this Division is hereby recalled. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 284. ......charged. Cases Referred To- National Board of Revenue Chairman Vs. Intertek Testing Services International Ltd., 11 BLC (AD) 233; Sadharan Bima Corporation Vs. Bengal Liner, 48 DLR (AD) 143. Lawyers Involved: Fida M Kamal with Akhter Imam, Senior Advocates, Abdullah M Hasan, Advocate - F..

Category: Fiscal/Taxation Law | Date: | Hits: 152

Abdul Motaleb Howlader alias Chan Miah Vs. Judge, Artha Rin Adalat No.1, Pirojpur and others, 2011, 40 CLC (HCD)

.... discharged, however, without any order as to costs. Communicate the judgment to the concerned executing Court at once. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: .......3 of 1998. 2. The facts leading to this writ petition are that respondent No.3, Bangladesh Krishi Bank, Pirojpur branch as plaintiff instituted Artha Rin Suit No. 3 of 1998 against the petitioner for realisation of loan. The said suit was decreed ex parte and the decree-holder bank initiated Art...... discharged, however, without any order as to costs. Communicate the judgment to the concerned executing Court at once. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......€¦â€¦â€¦.................Petitioner Vs. Judge, Artha Rin Adalat No.1, Pirojpur and others…………..... Respondents Judgment January 25, 2011. Result: The Rule is discharged. Lawyers Involved: M. A. Muntakim, Advocate -For the Petitioner. Ms. Nasrin Ferdous, Advocate -..

Category: Civil Law | Date: | Hits: 107

Arun Kumar Sutradhar and another Vs. The Joint District Judge, Artha Rin Adalat Comilla and another, 2010, 39 CLC (HCD)

.... case), if it is required. The office is directed to communicate the judgment to the concerned executing Court at once. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ...... 2. The petitioners case in short is that respondent No.2, Sonali Bank Ltd. as plaintiff instituted Artha Rin Suit No.182 of 1992 in the Artha Rin Adalat, Comilla against the petitioners and others for recovery of loan amounting to Tk.6, 39,608.55 (taka six lac thirty-nine thousand six hundred eig...... case), if it is required. The office is directed to communicate the judgment to the concerned executing Court at once. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ...... Vs. The Joint District Judge, Artha Rin Adalat Comilla and another .................................................................Respondents Judgment December 12, 2010. Result: Lawyers Involved: Md. Idrisur Rahman with Md. Shahidullah and Md. Bodiuzzaman Tapadar, Advocates-..

Category: Civil Law | Date: | Hits: 80

Abdus Salam Laskar Vs. Bangladesh and others, 2012, 41 CLC (HCD)

.... result, the Rule is discharged. The order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......der dated 15.7.2003 passed by the Senior Assistant Judge (in charge), Baniachong, Habiganj in Titile Suit No.60 of 2001. By the said order the Senior Assistant Judge-in-charge rejected an application for temporary injunction filed by the plaintiff. 2. Petitioner Abdus Salam Laskar instituted Titl...... result, the Rule is discharged. The order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......am Laskar …………………………...Petitioner Vs. Bangladesh and others ………………….....Opposite Parties Judgment March 6, 2012. Result: The Rule is discharged. Lawyers Involved: Md. Tamizuddin, Advocate -For the petitioner. Mrs. Syeda Rabia Begum, Assist..

Category: Property Law | Date: | Hits: 78

Abdul Khaleque Miah Vs. Sheikh Amin Uddin, 2011, 40 CLC (HCD)

....9 of 1982 is hereby maintained. The order of stay passed at the time of issuance of the Rule is vacated. Send down the lower Courts’ records. Ed. This case is also Reported in:   ......l No.69 of 1982 dismissing the same on affirming those dated 11.5.1982 of the Subordinate Judge (now Joint District Judge), Second Court, Khulna passed in Title Suit No.319 of 1981 decreeing the suit for specific performance of contract. 2. Plaintiff’s case, in brief, is that defendant No.1, Mo......9 of 1982 is hereby maintained. The order of stay passed at the time of issuance of the Rule is vacated. Send down the lower Courts’ records. Ed. This case is also Reported in:   ...... Sheikh Amin Uddin, since deceased substituted by his heirs Shaikh Abdur Rashid and others …............Opposite Parties Judgment November 21, 2011. Result: The Rule is discharged. Lawyers Involved: Abul Kalam Mainuddin with Munshi Abdul Hamid, Advocates-For the petitioners. ..

Category: Property Law | Date: | Hits: 99

A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)

.... set aside. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......23 of 2001 convicting the appellant under section 409 of the Penal Code read with section 5 (2) of the Prevention of Corruption Act, 1947 and sentencing him thereunder to suffer rigorous imprisonment for five years with a fine of Taka 11,53,364/- in default to suffer rigorous imprisonment for anothe...... set aside. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......€¦â€¦â€¦â€¦â€¦â€¦.............................Respondent Judgment April 25, 2011. Result: The appeal is allowed. Cases Referred to- 58 DLR 500; 10 DLR (SC) 29; 48 DLR (AD) 294. Lawyers Involved: Abu Taher Md. Saifur Rahman, Advocate-For the appellant. Md. Shohrowardi, De..

Category: Criminal Law | Date: | Hits: 61

Abdul Jalil alias Jalil Mia Vs. State, 2011, 40 CLC (HCD)

....n the impugned judgment and order of conviction and sentence.Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ......order dated 26.8.1990 passed by the Additional Sessions Judge, Jhenaidah convicting the appellant under sections 302/34 of the Penal Code and sentencing him thereunder to suffer rigorous imprisonment for life with a fine of Taka five thousand in default to suffer imprisonment for one year more. The ......n the impugned judgment and order of conviction and sentence.Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.....Appellant Vs. The State…………………..................................Respondent Judgment April 17, 2011. Result: The appeal is dismissed. Lawyers Involved: No one- For the appellant. Ms. Promila Biswas, Deputy Attorney General-For t..

Category: Criminal Law | Date: | Hits: 74

Afruj Miah Vs. Jira Miah and another, 2011, 40 CLC (HCD)

....sult, the Rule is discharged. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Md. Rais Uddin J. - I agree. This case is also Reported in: ......vision No.67 (1) of 1987 allowing the same and thereby reversing those dated 20.12.1986 passed by the Upazila Magistrate, Bhahubal, Habiganj in Miscellaneous Case No.112 of 1986. 2. Facts relevant for disposal of the Rule, in brief, are that the petitioner as first party filed an application unde......sult, the Rule is discharged. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Md. Rais Uddin J. - I agree. This case is also Reported in: ......………………….......................Petitioner Vs. Jira Miah and another ……………….....Opposite Parties Judgment October 5, 2011. Result: The Rule is discharged. Lawyers Involved: No one –For the petitioner. Abdullah Al Mamun, Deputy Attorney General-For..

Category: Property Law | Date: | Hits: 53

AKM Waliullah and others Vs. Secretary, Ministry of Housing and Public Works and others, 2011, 40 CLC (HCD)

..... The connected Civil Rule is also discharged and the stay granted therein is vacated. Send down the lower Court’s record. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ......People’s Republic of Bangladesh, represented by the Secretary, Ministry of Public Works Vs. Chairman, Court of Settlement and others, 50 DLR (AD) 93; 20 BLD (AD) 278. Lawyers Involved: Md. Lutfor Rahman Mandal, Advocate-For the appellants. Ms. Promila Biswas, Deputy Attorney General-For t....... The connected Civil Rule is also discharged and the stay granted therein is vacated. Send down the lower Court’s record. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ......PLD 1966 Supreme Court 854; People’s Republic of Bangladesh, represented by the Secretary, Ministry of Public Works Vs. Chairman, Court of Settlement and others, 50 DLR (AD) 93; 20 BLD (AD) 278. Lawyers Involved: Md. Lutfor Rahman Mandal, Advocate-For the appellants. Ms. Promila Biswas, D..

Category: Property Law | Date: | Hits: 78

Govt. of Bangladesh & another Vs. M/S Mashriqul Textiles and others, 1982, 11 CLC (AD)

.... parties agreed upon his appointment in the agreement. In the result, the appeal is dismissed without, however, any order to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ........ Respondents Judgment December 8, 1982. Result: The appeal is dismissed. Lawyers Involved: A.W. Bhuiyan, Additional Attorney General, instructed by B Hossain, Advocate on Record - for the Appellants. H.R. Sharif, advocate, Supreme Court, instructed by Syed Sakhawat Ali, Advoca...... parties agreed upon his appointment in the agreement. In the result, the appeal is dismissed without, however, any order to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ....... of Bangladesh & another.............. Appellants Vs. M/S Mashriqul Textiles and others.............. Respondents Judgment December 8, 1982. Result: The appeal is dismissed. Lawyers Involved: A.W. Bhuiyan, Additional Attorney General, instructed by B Hossain, Advocate on..

Category: Alternative Dispute Resolution | Date: | Hits: 238

Fazler Rahman Talukder Vs. Md. Mohsen Ali Talukder and another, 1982, 11 CLC (AD)

....dgment and decree of the High Court Division and those of the lower Appellate Court are set aside and those of the trial Court restored. Ed. This case is also reported in: 35 DLR (AD) (1983) 116.......ust fail, because, occupancy holding being a protected interest, it could not be annulled at the instance of the auction pur­chaser of the touzi in revenue sale. 2. The plaintiff brought the suit for dec­laration of his title to and recovery of khas possession in the suit land by evicting the d......dgment and decree of the High Court Division and those of the lower Appellate Court are set aside and those of the trial Court restored. Ed. This case is also reported in: 35 DLR (AD) (1983) 116.......J Chowdhury ATM Masud J Fazler Rahman Talukder…. Appellant Vs. Md. Mohsen Ali Talukder and another… Respondent Judgment June 23, 1982. Result: The Appeal is allowed. Lawyers Involved: B.B. Roy Chowdhury, Senior Advocate, Supreme Court, instructed by Abdur Rab, Ad..

Category: Property Law | Date: | Hits: 58

State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)

....as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ......5 SC 216; Fateh Khan & others Vs. The State, 15 DLR (SC) 51. Lawyers Involved: Khandker Gulzar Hossain, Deputy Attorney General-For the State. Choudhury Sanawar Ali, Advocate-For the Informant. Farida Khan, Advocate-State Defence Lawyer for absconding convicts. Abdul Malek, Se......as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ...... State Vs. Mallika Khatun, 37 DLR (1985) 53; Sheikh Ahmed Vs. The State (1979) 3 BSCR, 41; Paudurang Vs. State of Hyderabad AIR 1955 SC 216; Fateh Khan & others Vs. The State, 15 DLR (SC) 51. Lawyers Involved: Khandker Gulzar Hossain, Deputy Attorney General-For the State. Choudhury S..

Category: Criminal Law | Date: | Hits: 94

Abdul Mannan Bhuiyan Vs. State, 2010, 39 CLC (AD)

....t Division, in the premises, are perfectly justified in maintaining the conviction and sentence of the appellant. The appeal is therefore dismissed.  Ed. This Case is also Reported in: ......8 passed by the High Court Division in Criminal Appeal No.2931 of 2001.) Judgment  Surendra Kumar Sinha J.- Appellant Abdul Mannan Bhuiyan along with nine other accused was put on trial before the learned Assistant Sessions Judge, 1st Court, Comilla to face charges under sections 395/397......t Division, in the premises, are perfectly justified in maintaining the conviction and sentence of the appellant. The appeal is therefore dismissed.  Ed. This Case is also Reported in: ......e 12 DLR(SC) 156; State Vs. Minhun alias Gul Hassan, 16 DLR (SC) 598; Major Md. Bazlul Huda (Artillery) Vs. The State; Criminal Appeal Nos.55-59 of 2007; Subbamania Goudan, (AIR 1958 SC 66).  Lawyers Involved: M. Amirul Islam, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-..

Category: Criminal Law | Date: | Hits: 100

State Vs. Md. Monirul Islam, 2011, 40 CLC (AD)

....Judge, Nababgonj is directed to take steps for the arrest the accused respondent and then to enlarge him on bail, if he submits bail bond to his satisfaction. Ed. This Case is also Reported in: ......ed: Goutam Kumar Roy, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record- For the Petitioner. Md. Mazibur Rahman, Advocate-on-Record- For the Respondent. Criminal Petition for Leave to Appeal No. 440 of 2009. (From the judgment and order dated 10.8.2009 passed by the ......Judge, Nababgonj is directed to take steps for the arrest the accused respondent and then to enlarge him on bail, if he submits bail bond to his satisfaction. Ed. This Case is also Reported in: ......The State…………………………………………Petitioner Vs. Md. Monirul Islam……………………………Respondent Order June 23, 2011. Result: Leave is granted. Lawyers Involved: Goutam Kumar Roy, Deputy Attorney General, instructed by B. Hossain, Advocate-o..

Category: Criminal Law | Date: | Hits: 77

State Vs. Md. Abul Hossain and another, 2011, 40 CLC (AD)

....tence of imprisonment for the period they have already undergone. The appeals are allowed with the modification of the sentence as above. Ed. This Case is also Reported in: 9 LG (AD) (2012) 47. .......2524 and 2529 of 1998.) Judgment Surendra Kumar Sinha J. - Since these appeals arise out of the same judgment, they are disposed of analogously by this judgment. Respondents have faced trial before the Divisional Special Judge, Rajshahi Division, Rajshahi, to face charges under sections 409/1......tence of imprisonment for the period they have already undergone. The appeals are allowed with the modification of the sentence as above. Ed. This Case is also Reported in: 9 LG (AD) (2012) 47. ...... Criminal Appeal No.25 of 2004) Md. Mozammel Haque and another………….Respondents (In Criminal Appeal No.26 of 2004) Judgment December 7, 2011. Result: The appeals are allowed. Lawyers Involved: Mamtaz Uddin Fakir, Additional Attorney General, instructed by B. Hossain, Advo..

Category: Criminal Law | Date: | Hits: 85

Biman Bangladesh Airlines Limited and others Vs. Md. Moniruzzaman and others, 2011, 40 CLC (AD)

....service benefit from the date of passing the judgment and order by the High Court Division on 18-3-2010 in writ petition No.4480 of 2009. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 56.......h, 2010 passed by a Division Bench of the High Court Division in Writ Petition No. 4480 of 2009 making the Rule absolute. 2. Respondent No.1 as petitioner filed the above mentioned writ petition before the High Court Division challenging the vires of regulation 52(1) of the Bangladesh Biman Corpo......service benefit from the date of passing the judgment and order by the High Court Division on 18-3-2010 in writ petition No.4480 of 2009. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 56.......niruzzaman and others...............Respondents Judgment December 1, 2011. Result: The appeal is allowed. Case Referred to- Aleka Khatun Vs. Government of Bangladesh, 61 DLR 693. Lawyers Involved: Zainul Abedin, Advocate-on-Record-For Appellants. Moniruzzaman, in person-F..

Category: Employment/Service Law | Date: | Hits: 111

Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)

.... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ......isposed of by this common judgment as they facts. 3. The facts, leading to the filing of these appeals, in short, are that Abdul Motaleb and 36 others as the plaintiffs instituted the instant suit for declaration of their title in the suit land described in the schedule to the plaint. The land co...... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ......Tribunal, Bhola 38 DLR (AD) 172; Abdul Mannan Vs. Mofiz Uddin, 10 DLR 527; Pijush Kanti Chowdhury Vs. Abdur Rashid 23 DLR 60; Sree Gour Nitai Saha Vs. Province of East Pakistan, (1970) 22 DLR 143. Lawyers Involved: Kurunamoy Chakma, Deputy Attorney General, instructed by Sufia Khatun, Advocate..

Category: Property Law | Date: | Hits: 67

Faridul Islam alias Faridul Alam and others Vs. State, represented by the DC, Chittagong and another, 2011, 40 CLC (AD)

.... out of the record. Accordingly, we do not find any merit whatsoever in this criminal petition for leave to appeal which is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 44.......cate-on-Record—For the Petitioners. Mohammed Ali Akanda, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.2. Not represented—Respondent No.1. Criminal Petition for Leave to Appeal No.349 of 2010. (From the Judgment and Order dated 16-05-2010 passed by the H...... out of the record. Accordingly, we do not find any merit whatsoever in this criminal petition for leave to appeal which is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 44.......rs..........................Petitioners Vs. State, represented by the DC, Chittagong and another………Respondents Judgment October 13, 2011. Result: The appeal is dismissed. Lawyers Involved: Khurshid Alam Khan, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-R..

Category: Criminal Law | Date: | Hits: 85

Government of the People's Republic of Bangladesh Vs. Nasirur Rahman, 2011, 40 CLC (AD)

....on of the direction given by the High Court Division in the impugned judgment and order. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 87, 9 LG (AD) (2012) 50, 17 MLR (AD) (2012) 89. ...... of. Lawyers Involved: Mahbubey Alam, Attorney General instructed by M. Wali-ul-Islam, Advocate-on-Record-For the Petitioners. Nasirur Rahman, in person-For the Respondent. Civil Petition for Leave to Appeal No.1536 of 2011. Judgment Md. Abdul Wahhab Miah J.- In this petition for l......on of the direction given by the High Court Division in the impugned judgment and order. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 87, 9 LG (AD) (2012) 50, 17 MLR (AD) (2012) 89. ......cretariat and Others………Petitioners Vs. Nasirur Rahman…………………………..Respondents Judgment December 11, 2011. Result: The leave petition stands disposed of. Lawyers Involved: Mahbubey Alam, Attorney General instructed by M. Wali-ul-Islam, Advocate-on-Rec..

Category: Employment/Service Law | Date: | Hits: 119

Government of Bangladesh and Others Vs. Md. Mosharraf Hossain, 2011, 40 CLC (AD)

....not find any error in the impugned judgment and order calling for interference by this Court. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 67......., Advocate-on-Record- For the petitioners. Md. Khurshid Alam Khan, Advocate with Ehsan A. Siddiq, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For Rspondent No.1. Civil Petition for Leave to Appeal No.1248 of 2010. Judgment Md. Abdul Wahhab Miah J. - Delay of 154 days in ......not find any error in the impugned judgment and order calling for interference by this Court. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 67....... (AD) 54; Mujibur Rahman Vs. Government of Bangladesh and others, 44 DLR (AD) 111; Serajul Islam Vs. the Director General of Food 42 DLR (AD) 1999, Bangladesh Vs. Shafiuddin Ahmed 50 DLR (AD) 27. Lawyers Involved: M. K. Rahman, Additional Attorney General instructed by B. Hossain, Advocate-on..

Category: Employment/Service Law | Date: | Hits: 127