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State Vs. Dafader Marfoth Ali Shah and another, 2011, 40 CLC (AD)

....ons Judge shall take necessary steps to take the accused-respondents into custody. The appellant is directed to file concise statement by 13th February, 2011. Ed. This Case is also Reported in:......ey General, with Mrs. Fazilatunnesa Bappy, Assistant Attorney General, with Amit Talukder, Assistant Attorney General- For the Petitioner. Not Represented- For the Respondent. Criminal Petition for Leave to Appeal No. 316 of 2009. (From the judgment and order dated 28.8.2008 passed by the ......ons Judge shall take necessary steps to take the accused-respondents into custody. The appellant is directed to file concise statement by 13th February, 2011. Ed. This Case is also Reported in:......……………………………………………Petitioner Vs. Dafader Marfoth Ali Shah and another………….Respondents Order January 11, 2011. Result: The Leave is granted. Lawyers Involved: Mahbubey Alam, Attorney General (Chief State) with Anisul Huq, Senior Advocate,..

Category: Criminal Law | Date: | Hits: 191

Mainuddin Vs. State and another, 2010, 39 CLC (AD)

.... no error of law in maintaining the impugned order. The submissions of the learned Counsel merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......, instructed by Md. Zahirul Islam, Advocate-on-Record- For the Petitioner. Md. Mazibur Rahman, Advocate-on-Record-For Respondent No.2. Not Represented- For Respondent No.1. Criminal Petition for Leave to Appeal No.449 of 2009. (From the judgment and order dated 22.11.2009 passed by the ...... no error of law in maintaining the impugned order. The submissions of the learned Counsel merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......…………………………….Petitioner Vs. The State and another ……………………………...Respondents Judgment August 5, 2010. Result: The petition is dismissed. Lawyers Involved: Abdul Baset Majumder, Senior Advocate, instructed by Md. Zahirul Islam, Advocat..

Category: Criminal Law | Date: | Hits: 66

JMS Glass Industries Ltd. Vs. Customs, Excise and VAT Appellate Tribunal and others, 2011, 40 CLC (AD)

.... discharging the Rule. For the reasons stated hereinbefore, we find no merits in the petition and accordingly, the same is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 43. ......on is dismissed. Lawyers Involved: Nahid Mahtab, Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioner. None Represented-For the Respondents. Civil Petition for Leave to Appeal No. 896 of 2009. (From the Judgment and Order dated the 25th day of November,...... discharging the Rule. For the reasons stated hereinbefore, we find no merits in the petition and accordingly, the same is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 43. .........................Petitioner Vs. Customs, Excise and VAT Appellate Tribunal and others...............Respondents Judgment November 17, 2011. Result: The petition is dismissed. Lawyers Involved: Nahid Mahtab, Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record..

Category: Fiscal/Taxation Law | Date: | Hits: 130

Azmal Khan Vs. Md. Afzal Khan and others, 2011, 40 CLC (AD)

....ame. We find no substance in the contention of Mr. Kamal-ul-Alam. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 17. ......3. Civil Appeal No.91 of 2008 (From the Judgment and Order dated 7-2-2006 passed by the High Court Division in Civil Revision No.3682 of 2003) Judgment Surendra Kumar Sinha J. - In a suit for partition among the co-sharers, the defendant No.2 who is appellant before us filed additional w......ame. We find no substance in the contention of Mr. Kamal-ul-Alam. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 17. ...... Cases Referred to- BKN Piliai Vs. Pillai, AIR 2000 SC 614; Modi Spinning and Weaving Mills Co. Ltd Vs. Ladha Ram and Co, AIR 1977 SC 680 and Smt; Ganga Bai Vs. Vijay Kumar, Air 1974 SC 1126. Lawyers Involved: Kamal-ul-Alam, Senior Advocate, instructed by Zainul Abedin, Advocate-on-Record..

Category: Civil Law | Date: | Hits: 86

Abdus Sattar Bhuiyan Vs. Abdur Razzaque and another, 2011, 40 CLC (HCD)

....nected Civil Rule is accordingly disposed of. The trial Court is directed to dispose of the suit as expeditious as possible. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ......t the instance of the substituted plaintiffs is directed against order dated 4.11.2009 passed by the Joint District Judge, fourth Court, Dhaka in Title Suit No.183 of 2006 rejecting an application for temporary injunction filed by the plaintiff under Order XXXIX, rule 1 of the Code of Civil Proce......nected Civil Rule is accordingly disposed of. The trial Court is directed to dispose of the suit as expeditious as possible. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ......d his heirs Monir Hossain and others…...........Appellants Vs. Abdur Razzaque and another……………...Respondents Judgment October 24, 2011. Result: The appeal is allowed. Lawyers Involved: Md. Serajul Islam Bhuiyan, Advocate-For the appellants. No one appears-For t..

Category: Civil Law | Date: | Hits: 67

Ramjan Ali Mistry Vs. Md. Hedayelullah, 1978, 7 CLC (AD)

....td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this appeal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183.......erein it has been held that the point of default that is to be decided by the Court, is whether the tenant has paid rents allowable under the Act to the full extent at the time of the decree or order for ejectment is made and not an earlier date. Reference is to be made to the cases of Ananda Sundar......td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this appeal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183.......li Vs. Md Bazlur Rahman Chowdhury, (1997) 28 DLR 443; Abul Layes Vs. Mst. Anwara Khatun, (1977) 29 DLR (SC) 13; Allenbury Engineers (Private) Ltd. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. Lawyers Involved: T.H. Khan, Senior Advocate, instructed by A.S.M.S. Zaman, Advocate on Record - ..

Category: Property Law | Date: | Hits: 87

M/S Pak Jute Mills Ltd. Vs. Income Tax Officer and another, 1978, 7 CLC (AD)

....ere the rate of surcharge has been detailed. This point also fails. In the result, therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 178. ...... took objection to the tax on the constitutional ground. The objection was raised as to the levy of Cyclone Relief Surcharge under Ordinance I of 1971. The petitioner ultimately filed writ petition before the High Court which dismissed the petition. 4. Two questions were raised before the High Co......ere the rate of surcharge has been detailed. This point also fails. In the result, therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 178. ......d another…………………Respondents Judgment August 17, 1978. Result: The appeal is dismissed. Case Referred to- Shashibala Navnitlal Vs. C.I.T., (1964) 54 I.T.R. 478. Lawyers Involved: C. R. Ali, Advocate, instructed by Abu Backkar, Advocate-on-Record - For the Ap..

Category: Fiscal/Taxation Law | Date: | Hits: 131

Zaminur Rahman & others Vs. Bangladesh & others, 1978, 7 CLC (AD)

....uraged. In the above premises the appeal is dismissed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171.......ngladesh & others……………………Respondents Judgment August 21, 1978. Result: The appeal is dismissed. Cases Referred to- Burmah Oil Company Limited Vs. The Trustees for the Port of Chittagong (1962) 14 DLR (SC) 106; PLD 1961 S.C. 452; Matthews Vs. Chicory Markeling......uraged. In the above premises the appeal is dismissed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171.......issed. Cases Referred to- Burmah Oil Company Limited Vs. The Trustees for the Port of Chittagong (1962) 14 DLR (SC) 106; PLD 1961 S.C. 452; Matthews Vs. Chicory Markeling Board, 60 Commonwealth Law Reports 263; The Commissioner H.R. Endowments Vs. L T, Swamiar, AIR 1954 S.C. 282; Burmah Shell ..

Category: Fiscal/Taxation Law | Date: | Hits: 112

Mullick Brothers Vs. Income Tax Officer and another, 1978, 7 CLC (HCD)

....e responsible for promulgation of Martial Law in 1969 and consequent emergence of Bangladesh as a sovereign and independent state. On the 16th March, 1971 Bangladesh proclaimed independence and a Proclamation was issued to that effect on 10th day of April, 1971 from Mujib Nagar. The relevant por......ecial leave is from the Judgment and order of the High Court passed in Writ Petition No.488 of 1974. 2. The appellant is a registered Partnership firm declared an excess income of Tk. 1,40,000/- for 9 assessment years beginning from the year 1960-61 in terms of Martial Law Regulation No.32 of 1...... in Writ Petition No.488 of 1974. 2. The appellant is a registered Partnership firm declared an excess income of Tk. 1,40,000/- for 9 assessment years beginning from the year 1960-61 in terms of Martial Law Regulation No.32 of 1969 known as Income Tax (Correction of Return and False Declaration......ers……………………….Appellant Vs. Income Tax Officer and another……………………………Respondents Judgment November 30, 1978. Result: The appeal is allowed. Lawyers Involved: Asrarul Hossain, Senior Advocate, (C.R. Ali, Advocate with him) instructed by A..

Category: Fiscal/Taxation Law | Date: | Hits: 122

Sonali Bank Vs. Mozaffor Hossain, 1997, 26 CLC (HCD)

....t of Subordinate Judge, Barisal is set aside and the ex parte decree dated 30-7-1983 is maintained. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 174. ......ed in: 50 DLR (HCD) (1998) 174. ......t of Subordinate Judge, Barisal is set aside and the ex parte decree dated 30-7-1983 is maintained. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 174. ......�………..Petitioner Vs. Mozaffor Hossain………………….Opposite Party Judgment August 17, 1997. Result: The Rule is made absolute and the Order of stay stands vacated. Lawyers Involved: Md. Shahidul Haque, Advocate - For the Petitioner. Not Represented - For the..

Category: Procedural Law | Date: | Hits: 80

Harunar Rashid (Md.) Vs. Subordinate Judge, (Artha Rin Adalat) Bogra and others, 1997, 26 CLC (HCD)

....92 (Annexure to the petition) is hereby declared to have been passed or made without any lawful authority and to be of no legal affect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 170.......assed by the respondent No.1 in Artha Rin Adalat Suit No.248 of 1991 on 16-7-92 should not be declared to have been passed without any lawful authority and to be of no legal effect. 2. Short facts for the disposal of the Rule are that the petitioner was appointed as Steno-Typist (Muslim Commercia......92 (Annexure to the petition) is hereby declared to have been passed or made without any lawful authority and to be of no legal affect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 170.......dinate Judge, (Artha Rin Adalat) Bogra and others………………..Respondents Judgment November 11, 1997. Result: The Rule is made absolute. Case Referred To- 46 DLR (AD) 174. Lawyers Involved: Fazlul Karim with Md. Abdullah, Advocates - For the Petitioner. Rafiqur Rahm..

Category: Civil Law | Date: | Hits: 71

Abdur Rahim Vs. Arifur Rahman and others, 1997, 26 CLC (HCD)

....impugned judgment to call for any interference by this Court exercising revisional power. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 166................Petitioner Vs. Arifur Rahman and others.......................Opposite Parties Judgment November 27, 1997. Result: No illegality was found in the impugned judgment to call for any interference by this Court. Cases Referred To- Gokal Chand and others Vs. the Firm of ......impugned judgment to call for any interference by this Court exercising revisional power. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 166....... for any interference by this Court. Cases Referred To- Gokal Chand and others Vs. the Firm of Hukam Chand Nathumal, 34 IC page 714; AD Koshol Vs. Balakrishna Eradi, 1981 AIR (SC) page 2235. Lawyers Involved: Kamal-ul-Alam with AKM Abdul Hakim, Advocates - For the Petitioner. MA Jalil..

Category: Procedural Law | Date: | Hits: 68

Mohor Ranjan Pal and others Vs. State, 1997, 26 CLC (HCD)

....time of issuance of the Rules stand vacated. Let a copy of this judgment be sent to the learned Divisional Special Judge, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ......n heard together as the facts and law involved in them are same and both Rules are now being disposed of by this judgment. 2. These Rules, under section 561A of the Code of Criminal Procedure, are for the quashment of the proceedings in Special Case No.141 of 1994, upon which cognizance was taken......time of issuance of the Rules stand vacated. Let a copy of this judgment be sent to the learned Divisional Special Judge, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ...... Rules are discharged. Cases Referred To- Rahim Vs. State, 49 DLR (AD) 51; Ataur Rahman Vs. State, 19 DLR (SC) 33; Nazir Hossain Vs. State, 17 DLR (SC) 26; AKM A Halim Vs. State, 29 DLR 219. Lawyers Involved: Dr. Rafiqur Rahman with Lutfar Rahman Mondal, Advocates - For Petitioners. M..

Category: Criminal Law | Date: | Hits: 71

Aslam Vs. State, 1998, 27 CLC (HCD)

....ibunal Judge will, however, be at liberty to cancel the bail, if he finds any misuse of the privilege of bail by the accused-appellant. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 161.......j in Special Tribunal Case No.19 of 1997 arising out of Narayangonj PS Case No.16(7)95 under section 19A(P) of the Arms Act. By this order the learned Tribunal Judge rejected the appellant’s prayer for bail. 2. The prosecution case, in short, is that, one Md. Awal Hossain Khan and Moniruzzaman ......ibunal Judge will, however, be at liberty to cancel the bail, if he finds any misuse of the privilege of bail by the accused-appellant. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 161.......jul Islam J Md. Joynul Abedin J Aslam…………………..Appellant Vs. State…………………….Respondent Judgment January 10, 1998. Result: The appeal is allowed. Lawyers Involved: Jamiruddin Sircar with Taimur Alam Khandoker, Advocates - For the Appellant. ..

Category: Criminal Law | Date: | Hits: 65

Ihteshamur Rahman Vs. Masuda Khatun and others, 1998, 27 CLC (HCD)

....tively within 3(three) months from the d of receipt of this order. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 159. ......r Vs. Masuda Khatun and others………………………Opposite Parties Judgment January 15, 1998. Result: The Rule is made absolute. Lawyers Involved: Divash Chandra Biswas for SS Halder, Advocates - For the Petitioner. AFM Zubair Hossain, Advocate - For the Opposite Pa......tively within 3(three) months from the d of receipt of this order. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 159. ...... Rahman………………………Petitioner Vs. Masuda Khatun and others………………………Opposite Parties Judgment January 15, 1998. Result: The Rule is made absolute. Lawyers Involved: Divash Chandra Biswas for SS Halder, Advocates - For the Petitioner. AFM Zub..

Category: Property Law | Date: | Hits: 66

Amena Khatun and others Vs. Md. Afsaruddin being dead his heirs 1(ka) Maleka Khatun and others, 1997, 26 CLC (HCD)

....down the lower Court records immediately. Cost assessed by the lower Court in respect of the share of the suit land is maintained. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 156. ......aka in TS No.22 of 1967. 2. The opposite party No.1 Md. Afsaruddin (now dead) as plaintiff filed Title Suit No.22 of 1967 against the predecessor of present petitioner and opposite party Nos. 2-19 for partition and recovery of khas possession after ascertaining the plaintiffs’ title to the suit......down the lower Court records immediately. Cost assessed by the lower Court in respect of the share of the suit land is maintained. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 156. ......s. Satish Chandra Mondal and others, 12 DLR 649; Mohammad Habibullah and another Vs. Moulvi Saleh Chowdhury and others, 20 DLR 489; Sayesta Bibi and others Vs. Juma Sha and others, 42 DLR (AD) 53. Lawyers Involved: Dr. Rafiqur Rahman with Serajur Rahman and Probir Neogi, Advocates - For the Pe..

Category: Property Law | Date: | Hits: 63

Bainchitala Islamia Junior Madrasha Vs. Md. Abdur Rashid & others, 1997, 26 CLC (HCD)

....henidah in Miscellaneous Appeal No.54 of 1995 is set aside and the application dated 22-2-95 filed by the opposite parties is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 153.......n 115 of the Code of Civil Procedure and is directed against the order No.15 dated 22-2-95 passed in Miscellaneous Appeal No.54 of 1985 by the learned District Judge, Jhenidah allowing an application for addition of parties. 2. The petitioner as plaintiff instituted Title Suit No.16 of 1081 for d......henidah in Miscellaneous Appeal No.54 of 1995 is set aside and the application dated 22-2-95 filed by the opposite parties is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 153........Opposite Parties Judgment March 2, 1997. Result: The Rule is made absolute. Cases Referred To- PLD 1974 (Lahore) 312; 22 DLR 500; 42 DLR 481; 32 DLR (AD) 96; PLD 1974 (Lah) 312. Lawyers Involved: HN Nandi, Advocate - For the Petitioner. A Salam Khan, Advocate - For the Op..

Category: Property Law | Date: | Hits: 55

Doris Waldman Vs. Bangladesh and others, 1996, 25 CLC (HCD)

....en made without lawful authority and 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: 50 DLR (HCD) (1998) 151.......(27)94/52 dated 27-1-96 (Annexure-C) issued by respondent No.4 should not be declared to have been made without lawful authority and are of no legal effect. 2. The case of the petitioner is as set forth below: The petitioner Mrs. Doris Waldman is an American national. She is the President of ......en made without lawful authority and 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: 50 DLR (HCD) (1998) 151.......adesh, represented by the Secretary, Ministry of Home Affairs, Government of Bangladesh and others………….Respondent Judgment November 14, 1996. Result: The Rule is made absolute. Lawyers Involved: Md. Azizul Huq with AM Mahbub Uddin, Advocate - For the Petitioner. Momtazud..

Category: Criminal Law | Date: | Hits: 87

Shahnewaz Karim (Md.) Vs. State, 2009, 38 CLC (HCD)

....undertaking to produce the same before the Court on and when directed by the same. Copy be sent down at once. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 67; 18 BLT (HCD) (2010) 5. ......dgment April 13, 2009. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (V of 1898); section 561A The Magistrate has the power to make order of temporary custody for the protection of the property produced before him regarding which an offence appears to have be......undertaking to produce the same before the Court on and when directed by the same. Copy be sent down at once. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 67; 18 BLT (HCD) (2010) 5. ......n Court on and when directed by the Court………………………………(19) Cases Referred to- Aziz Mollick Vs. State,13 MLR 230; Md. Omar Ali Vs. Abdul Malek and the State,6 MLR 372. Lawyers Involved: Sarwar Ahmed with Md. Ziauddin, Advocates - For the Petitioner. Shakila Raws..

Category: Criminal Law | Date: | Hits: 110

Jamil Akhter Elahi (Md.) Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....ion is misconceived and the Rule is liable to be discharged. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 64.......espondent Sonali Bank Limited. 2. It is stated in the petition that the Board of Directors of the Sonali Bank Limited, in its 82nd Board meeting held on 12-5-2009, approved the ear loan facilities for the executives of the bank having the rank of Assistant General Manager (AGM) and upwards. 3.......ion is misconceived and the Rule is liable to be discharged. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 64....... Jamil Akhter Elahi (Md.) ………………petitioner Vs. Government of Bangladesh and others…………….Respondents Judgment June 24, 2009. Result: The Rule is discharged. Lawyers involved: Jamil Akhter Elahi, Advocate (in person)- petitioner. AKM Nazrul Islam with ..

Category: Others | Date: | Hits: 134

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