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Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)

....on as the case involves a substantial question of law as to the interpretation of the Constitution. The certificate as prayed for is granted. Ed. This Case is also Reported in: 63 DLR (2011) 626.......AD) 82 and Shamsul Huq Chowdhury Vs. Justice Abdur Rouf; 49 DLR 176. Lawyers Involved: Dr. Shadeen Malik with Tawhidul Islam, Advocates-For the Petitioner. Korunamoy Chakma, Deputv Attorney General-For the Respondent No.1. M Amir-ul-Islam with Md. Khurshid A Sarkar, Advocates—For the ......on as the case involves a substantial question of law as to the interpretation of the Constitution. The certificate as prayed for is granted. Ed. This Case is also Reported in: 63 DLR (2011) 626.......d. This Case is also Reported in: 63 DLR (2011) 626...

Category: Employment/Service Law | Date: | Hits: 92

Shahabuddin (Md) Vs. Secretary, Ministry of Youth and Sports and others, 1991, 20 CLC (HCD)

....tition before this Court under Article 102(2)(a)(ii) of the Constitution, therefore, is not maintainable on the grounds stated above. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 360. ...... Golam Kibria, Advocate ‑ For the Petitioner. Not represented- the Respondents. Writ Petition No. 467 of 1991. Judgment Fazle Hussain Mohammad Habibur Rahman J.- Petitioner Shahabuddin, General Secretary, Nabarun Sangsad, Kalta Bazar, Dhaka prays for issuance of Rule Nisi upon the resp......tition before this Court under Article 102(2)(a)(ii) of the Constitution, therefore, is not maintainable on the grounds stated above. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 360. ......n passed without lawful authority and to be of no legal effect. 2. Admittedly this is not a petition for enforcement of any of the fundamental rights conferred by Part‑III of the Constitution of Bangladesh as contemplated under Article 102 (1) of the Constitution. 3. This is an application u..

Category: Constitutional Law | Date: | Hits: 165

Abdul Hakim and others Vs. State, 1991, 20 CLC (HCD)

....the conviction and sentences are set aside and the appellants are acquitted and they are discharged from their respective bail bonds. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 352. ......the conviction and sentences are set aside and the appellants are acquitted and they are discharged from their respective bail bonds. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 352. ......the conviction and sentences are set aside and the appellants are acquitted and they are discharged from their respective bail bonds. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 352. ......the conviction and sentences are set aside and the appellants are acquitted and they are discharged from their respective bail bonds. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 352. ..

Category: Criminal Law | Date: | Hits: 84

AR Bhuiyan and Company Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)

....xes under Income‑Tax Act. For the aforesaid discussion, we answer the question No.1 in the affirmative and against the assessee. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 347. ......xes under Income‑Tax Act. For the aforesaid discussion, we answer the question No.1 in the affirmative and against the assessee. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 347. ......xes under Income‑Tax Act. For the aforesaid discussion, we answer the question No.1 in the affirmative and against the assessee. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 347. ......mputed the total taxable income at Tk. 2,19,916.00. The assessee preferred appeal against the order of the Inspecting Joint Commissioner before the Income Tax Appellate Tribunal, Head Quarters Bench, Bangladesh, Dhaka. The Accountant Member of the tribunal delivered the judgment. The question No.1 a..

Category: Fiscal/Taxation Law | Date: | Hits: 90

Altaf Hossain Vs. Abbas Ali and another, 1991, 20 CLC (HCD)

....ing in the Court of Upazila Munsif, Fulbaria, District Mymensingh. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 374. ......ing in the Court of Upazila Munsif, Fulbaria, District Mymensingh. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 374. ......ing in the Court of Upazila Munsif, Fulbaria, District Mymensingh. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 374. ...... Court of District Judge, Mymensingh. The said appeal and the suit are pending before the Courts for disposal. 3. After filing of the Miscellaneous Appeal by the petitioner the opposite party No.2 Bangladesh on 13.6.83 instituted Title Suit No.264 of 1983 in the Court of Munsif, 2nd Court Sadar, ..

Category: Property Law | Date: | Hits: 68

Abdul Khaleque (Md) Vs. Deputy Commissioner, Dhaka, 1992, 21 CLC (HCD)

....e without lawful authority and of no legal effect. Considering the facts and circumstances of the case no order is made as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369.......ations, 1979, hereinafter referred to as the Service Regulations, 1979 and has relied on Regulation Nos. 12 and 13 thereof. 6. In reply Mr. Masbuque Hossain Ahmed, the learned Assistant Attorney‑General appearing for the respondent Nos. 1‑3, has contended that since the terms of the Managing ......e without lawful authority and of no legal effect. Considering the facts and circumstances of the case no order is made as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369.......ain Ahmed, AAG - For the Opposite Parties. Writ Petition No.1977 of 1990. Judgment Naimuddin Ahmed J.- By this writ petition under Article 102 of the Constitution of the People's Republic of Bangladesh an order passed by the Respondent No.1, the Deputy Commissioner, Dhaka Collectorate Build..

Category: Employment/Service Law | Date: | Hits: 59

Anwar Hossain and others Vs. Abul Hossain Molla and others, 1991, 20 CLC (HCD)

.... Appeal No.323 of 1969 is hereby set aside and those of the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 79. ...... Appeal No.323 of 1969 is hereby set aside and those of the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 79. ......on 28 (2) of Registration Act in disregard of the fact that kabala Ext. A was registered fraudulently at Baliakandi Sub‑Registry Office by including therein a fictitious piece of land of Baliakandi Police Station though the kabala land lies within the jurisdiction of Pangsha Sub‑Registry Office ...... Appeal No.323 of 1969 is hereby set aside and those of the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 79. ..

Category: Property Law | Date: | Hits: 91

Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)

.... Title Suit No.3 of 1976, is hereby set aside and the judgment and decree of the learned Subordinate Judge are affirmed and maintained. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 69.......Abdul Majid Vs. Nabiruddi, 22 DLR 360; Abdur Rashid Vs. Abdus Samad, 33 DLR 260; Kazi A. Khaleque Vs. Kazi Fadur Rahman and others. Lawyers Involved: Syed J R Modassir Hossain, Deputy Attorney General with Fazlul Hoque Assistant Attorney General ‑ For the Petitioner. JN Dev with Nazrul I...... Title Suit No.3 of 1976, is hereby set aside and the judgment and decree of the learned Subordinate Judge are affirmed and maintained. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 69.......e affirmed and maintained. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 69...

Category: Property Law | Date: | Hits: 96

Nikhil Kumar Sarker Vs. Bangladesh, 1991, 20 CLC (HCD)

....sistant Teacher of the said nationalised school is without any lawful authority. The application is, therefore, summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 67. ......ents to show cause as to why the order dated 18.8.90 (Annexure‑H) passed by the respondent No.3, Assistant Secretary, Ministry of Education, forwarded to the petitioner by respondent No. 4 Director General, Directorate of Secondary and Higher Education under Memo No.17910/4 same dated 17.9.90 shal......sistant Teacher of the said nationalised school is without any lawful authority. The application is, therefore, summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 67. ......High Court Division (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Mainur Reza Chowdhury J Nikhil Kumar Sarker...................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Education and others…………………Respo..

Category: Employment/Service Law | Date: | Hits: 82

Haroon and another Vs. Mst. Sufia Khatun and another, 1990, 19 CLC (HCD)

.... contention is overruled. For all these reasons I find no substance in this case. The Rule is, accordingly, discharged with costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 63....... contention is overruled. For all these reasons I find no substance in this case. The Rule is, accordingly, discharged with costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 63....... contention is overruled. For all these reasons I find no substance in this case. The Rule is, accordingly, discharged with costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 63....... contention is overruled. For all these reasons I find no substance in this case. The Rule is, accordingly, discharged with costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 63...

Category: Civil Law | Date: | Hits: 89

Dr. Syed Mahbubur Rahman Vs. Bangladesh University of Engineering and Techno­logy, 1991, 20 CLC (HCD)

....ind no illegality whatsoever in impugned orders and on the grounds stated above, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 333. ......শালী মহলের ক্ষমতা প্রদর্শনের মহড়া মাত্র।” The said resolution was signed by the officiating President Dr. Aminul Huq and the General Secretary Dr. Nizamuddin Ahmed of the Engineering University Teachers' Association, Dhaka on......ind no illegality whatsoever in impugned orders and on the grounds stated above, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 333. ...... High Court Division (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J KM Hasan J Dr. Syed Mahbubur Rahman......................Petitioner Vs. Bangladesh University of Engineering and Techno­logy, represented by its Vice­ Chancellor and anot..

Category: Employment/Service Law | Date: | Hits: 155

State Vs. Amin Huda, 2011, 40 CLC (AD)

....y a Division Bench of the High Court Division in Criminal Miscellaneous Case Nos. 4678 and 4679 of 2008 making the Rules absolute. 3. Facts giving rise to these appeals are that Md. Idris Ali, Sub-Inspector of RAB-1, Uttara, Dhaka lodged a First Information Report (FIR) with Gulshan Police Statio......lant (In both Appeals) Vs. Amin Huda………………..................Respondent (In both Appeals) Judgment June 1, 2011. Lawyers Involved: Momtazuddin Fakir, Additional Attorney-General instructed by B Hossain, Advocate-on-Record-For the Appellant (In both Appeals). Anisul H......and 4679 of 2008 making the Rules absolute. 3. Facts giving rise to these appeals are that Md. Idris Ali, Sub-Inspector of RAB-1, Uttara, Dhaka lodged a First Information Report (FIR) with Gulshan Police Station on 26-10-2007 at about 20:05 hours alleging, inter alia, that he along with a conting......fore the Druta Bichar Tribunal within 6(six) weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 152,8 LG (AD) (2011) 164, VIII ADC (2011) 890. ..

Category: Criminal Law | Date: | Hits: 112

Government of Bangla­desh and others Vs. Excellent Corporation, 2010, 39 CLC (AD)

.... without any order as to cost. The Judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ......o- Sassoon & Co. Vs. CIT Bombay City, AIR 1954 SC 470; Bangladesh Power Development Board Vs. Muhammad Asaduzzaman Sikder, 9 BLC (AD) 1. Lawyers Involved: Murad Reza, Additional Attorney General, instructed by Mr. B Hossain, Advocate-on-Record-For the Appellants. Abdul Wadud Bhuiyan,...... without any order as to cost. The Judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ......ants Vs. Excellent Corporation…………………………............Respondent Judgment July 15, 2010. Cases Referred To- Sassoon & Co. Vs. CIT Bombay City, AIR 1954 SC 470; Bangladesh Power Development Board Vs. Muhammad Asaduzzaman Sikder, 9 BLC (AD) 1. Lawyers Involve..

Category: Business or Commercial Law | Date: | Hits: 267

Bangladesh and another Vs. Md. Abdul Karim, 2011, 40 CLC (AD)

....e Administrative Appellate Tribunal, Dhaka. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 143, 31 BLD (AD) (2011) 117, 8 LG (AD) (2011) 159, 16 MLR (AD) (2010) 361, VIII ADC (2011) 589. .............................Petitioners Vs. Md. Abdul Karim.......................................Respondent Judgment May 22, 2011. Lawyers Involved: Karunamoy Chakma, Deputy Attorney-General instructed by B Hossain, Advocate-on-Record—For the Petitioners. Sheik Mohammad Morshed......e Administrative Appellate Tribunal, Dhaka. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 143, 31 BLD (AD) (2011) 117, 8 LG (AD) (2011) 159, 16 MLR (AD) (2010) 361, VIII ADC (2011) 589. ......Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Bangladesh and another..........................Petitioners Vs. Md. Abdul Karim.................

Category: Administrative Law | Date: | Hits: 181

Md. Jashim and others Vs. The State, 2011, 40 CLC (HCD)

.... Case No. 03 dated 09.11. 2010 under section 396 of the Penal Code, now pending in the Court of Chief Judicial Magistrate, Munshiganj. 2. Prosecution case, in short is that on 9.11.2010 one Sub-Inspector of police, Sreenagar Police Station, Munshigonj lodged an FIR stating inter alia that on 8......ate ………………………………….Opposite party Judgment March 14, 2011. Lawyers Involved: Md. Harun-Or-Rasid, Advocate-For the petitioners. Bashir Ahmed, Assistant Attorney General- For the opposite party. Criminal Miscellaneous Case No. 32871 of 2010. Judgment AK......under section 396 of the Penal Code, now pending in the Court of Chief Judicial Magistrate, Munshiganj. 2. Prosecution case, in short is that on 9.11.2010 one Sub-Inspector of police, Sreenagar Police Station, Munshigonj lodged an FIR stating inter alia that on 8.11.10 at 15.00 hours he inform...... to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 64

Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)

....oners in place of the name of respondent No.1 in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ...... and whether he had ever fulfilled the terms of his undertaking given in the agreement. In the affidavit‑in‑opposition, Annexure‑41 is dated 22nd January, 1985. This is a letter from the Deputy General Manager of the Head Office of Pubali Bank to the Assistant General Manager, Local Office of ......oners in place of the name of respondent No.1 in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ......t respondent No.1 also took the responsibility to take over all the liabilities of the company which were with the Ministry of Industries, Collector of Customs, Government of the People's Republic of Bangladesh, Bangladesh Shilpa Bank, Investment Corporation of Bangladesh, Pubali Bank Ltd., Bank of ..

Category: Company Law | Date: | Hits: 159

Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)

....t should not be lightly interfered with. In the facts and circumstances of the case, there will, however, be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 39. ...... Schmidt Vs. Secretary of State, (1969) 2 ChD 149; (1969) All ER 904. Lawyers Involved: Aminul Huq, with Nizamul Huq, Advocates ‑For the Petitioner. Md. Delwar Hossain, Assistant Attorney General with Mrs. Hosne Ara Ahsan, Assistant Attorney‑General ‑ For the Respondent No.1. Writ......xure‑A to the petition. After paying the embarkation fee of Tk. 200.00 he entered into the passenger’s enclosure and received the boarding card. Shortly, thereafter in the Immigration Lounge, one Police Officer asked him to hand over his passport to him. On receipt of the passport the said Polic...... Court High Court Division (Special Original Jurisdiction) Present: Mohammad Abdur Rouf J Mahmudul Amin Choudhury J Syed Mokbul Hossain…………Petitioner Vs. Government of Bangladesh, represented by the Secretary of Home Affairs, Bangladesh Secretariat, Dhaka and others ...

Category: Constitutional Law | Date: | Hits: 288

Salahuddin Khan and others and others Vs. Md. Abdul Hai Bahar and others, 2011, 40 CLC (AD)

.... The trial Court is further directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 138, 31 BLD (AD)(2011) 185, VIII ADC (2011) 869. ...... The trial Court is further directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 138, 31 BLD (AD)(2011) 185, VIII ADC (2011) 869. ...... the mortgage property along with other reliefs on the averments, inter alia, that plaintiff No.1 is a pri­vate limited company constituted by the shares hav­ing its head office at Mirerdanga under Police Station Daulatpur within District Khulna. Plaintiff Nos. 2-3 and defendant Nos.5-6 are the so...... The trial Court is further directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 138, 31 BLD (AD)(2011) 185, VIII ADC (2011) 869. ..

Category: Civil Law | Date: | Hits: 86

Amin Mia (Md.) Vs. Nazir Ahmed and another, 2008, 37 CLC (AD)

....on correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 136, 19 BLT (AD) (2011)137. ......on correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 136, 19 BLT (AD) (2011)137. ...... accused had misappropriated the money paid by the informant and thereby he had committed the offence of criminal breach of trust and accordingly the informant lodged the instant FIR with Mohammadpur Police Station. 3. Police after investigation submitted charge-sheet against the accused, Md. Naz......on correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 136, 19 BLT (AD) (2011)137. ..

Category: Criminal Law | Date: | Hits: 89

Sadharan Bima Corporation Vs. Philoship Co. S A, 1990, 19 CLC (HCD)

....of the case as stated above, I find no merit in the present suit and as such it is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 31. .........................Plaintiff. Vs. Philoship Co. S A Owner of the Greek Ship M V Hios and others…………..…….Defendants. Judgment July 22, 1990. Cases Referred To- Dowell Vs. General Steam Navigation Co.; British Columbia Electric RY Co. Ltd Vs. Loach; Swadling Vs. Coop. ......the assistance of Chittagong Port Trust vessel Kandari No.2 and left the place of occurrence and went towards the sea. On 4.9.90 the Master of the injured vessel lodged an FIR with the Double Mooring Police Station, Chittagong, which was registered as a case on 4.9.80. The owner of the injured vesse......cepting life insurance through itself and through its zonal and branch offices. The defendant Nos.1 and 2 are the owners of MV Hios flying Greek colours and the defendant No.3 is their local agent in Bangladesh. The, defendant No.4 is the owner of coaster vessel namely, MV Zahirabad which was insure..

Category: Admiralty Law or Maritime Law | Date: | Hits: 177