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Abdul Malek (Md) Vs. Bangladesh and others, 2006, 35 CLC (HCD)

....vant for disposal of this Rule, in brief, are as under: 3. The petitioner, a reputed businessman, was selected for appointment as a dealer of fertiliser by District Selection Committee and the Deputy Commissioner, Sherpur by his letter dated 24-12-1995 asked the petitioner to deposit Taka 2......ave been passed without lawful authority and the same is of no legal effect. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 59 DLR (2007) 284. ......urt Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Zinat Ara J Abdul Malek (Md)……………………Petitioner Vs. Bangladesh and others……………Respondents Judgment April 12, 2006. Lawyers involved......f 1997. Judgment Zinat Ara J.- In this Rule, the petitioner calls in question the legality of the order bearing Memo No. JFCI/BIPINON-27/FMC (Sherpur) 146 dated 13-21997 passed by the General Manager (Commercial) on behalf of the Managing Director, Jamuna Fertiliser Company Limited..

Category: Civil Law | Date: | Hits: 74

Mohammad Ullah (Driver) Vs. State, 2007, 36 CLC (HCD)

....oned. The learned judge is directed to proceed with the appeal in accordance with law. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 281. ......oned. The learned judge is directed to proceed with the appeal in accordance with law. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 281. ...... State. Criminal Revision No. 555 of 2006. Judgment Sharifuddin Chaklader J.- This Rule at the instance of the convict appellant-petitioner who is in jail is against the judgment and order dated 15-3-2006 passed by the learned Sessions Judge, Munshiganj outright rejecting the ...............Opposite Party Judgment January 24, 2007. Lawyers involved: Rajat Kanti Chakraborty, Advocate—For the Petitioner. Md. Monsur Rahman, Assistant Attorney-General-For the State. Criminal Revision No. 555 of 2006. Judgment Sharifuddin ..

Category: Criminal Law | Date: | Hits: 36

Mozam and others Vs. State, 2006, 35 CLC (HCD)

....offence. Send down the lower Court's records at once with a copy of this judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 276.......offence. Send down the lower Court's records at once with a copy of this judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 276.......so Reported in: 59 DLR (2007) 276.......1 DLR (AD) 18. Lawyers involved: Dr. Rafiqur Rahman, Senior Advocate with Sarwar Ahmed and Sakila Rowshan, Advocates—For the Appellants. Sheikh Rezaul Karim, Assistant Attorney-General— For the Respondent-State. Criminal Appeal No. 1825 of 1998. Judgment ..

Category: Criminal Law | Date: | Hits: 82

RAK Ceramics (Bangladesh) Private Ltd. Vs. Bangladesh, represented by Secretary, Ministry of Internal Resources Division & others, 2007, 36 CLC (HCD)

.... Resources Division & others ...........Respondents Judgment April 23, 2007. Lawyers involved: AKM Shafiuddin, Advocate—For the Petitioner. Kazi Waliul Islam, Deputy Attorneys-General with Sathika Hossain, Assistant Attorney-General—For the Respondents. ......quashed. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 274. ......390 of 2005. Judgment Md. Abdur Rashid J.- The above Rule Nisi was obtained against an Order dated 23-4-2001 passed (Annexure D) by respondent No. 5 Deputy Commissioner, Customs, Excise and VAT imposing fine of Taka 43,84,398.56 upon the petitioner company for evasion of tax. 2.......on & others ...........Respondents Judgment April 23, 2007. Lawyers involved: AKM Shafiuddin, Advocate—For the Petitioner. Kazi Waliul Islam, Deputy Attorneys-General with Sathika Hossain, Assistant Attorney-General—For the Respondents. Writ Petition..

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

Surajmal Ram Prasad Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)

....nce, an authorised representative on behalf of the assessee explained the return. The books of account, registers, statement of assets and liabilities, etc were produced in support of the return. The Deputy Commissioner of Taxes however, under section 83(2) of the Ordinance estimated total income of......ith our answer in the negative against the Revenue Department and in favor of the applicant. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 59 DLR (2007) 268.......me tax return for the assessment year 199798 showing net loss of Taka 46,450 Then, he submitted a revised return showing net loss of Taka 1,27,822. 2. Pursuant to notice under sections 83(1) and 79 of the Income Tax Ordinance, in short, the Ordinance, an authorised representative on behal......………………………..Respondent Judgment April 18, 2007. Lawyers involved: Borhan Uddin, Advocate—For the Applicant. Md. Rezaul Islam, Assistant Attorney-General—For the Respondent. Reference Application Nos. 205, 210 of 2002. Judgment ..

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

Puspak Kumar Roy and another Vs. Eldrin Khan and others, 2005, 34 CLC (HCD)

....favour of the defendant No. 15 by the Board on 27-6-1991. Being aggrieved by the said order the plaintiff Nos. 1 and 2 have submitted an appeal being No. 137 of 1991 on 1-7-1991 before the Additional Deputy Commissioner (Revenue), Khulna. That appeal is still pending. The defendant No. 16 submitted ....... The order of stay granted earlier by this Court dated 10-4-2004 is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 263. ...... This Case is also Reported in: 59 DLR (2007) 263. ....... The order of stay granted earlier by this Court dated 10-4-2004 is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 263. ..

Category: Property Law | Date: | Hits: 34

Amirul Islam (Md) Vs. Bangladesh represented by the Secretary, Ministry of Home Affairs and others, 2006, 35 CLC (HCD)

....D) 201. Lawyers involved: Abdur Rab Chaudhury with Salauddin Dolon and Syeda Anwara Sattar, Advocates—For the Petitioner. Fida M Kamal, Additional Attorney-General with Adilur Rahman Khan, Deputy Attorney-General with Abdus Samad Kamal, Assistant Attorney-General and Md. Zafar Imam, Assis......ormer post and allow him to continue in service with all attending benefits within 30 days from the date of receipt of copy of this judgment. Ed. This Case is also Reported in: 59 DLR (2007) 258.......ul Matin J ATM Fazle Kabir J Amirul Islam (Md)……………………………………………………Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Home Affairs and others…. ……….Respondents Judgment May 15, 2006. Cases Referred To- Governme......ul Islam vs. Bangladesh 33 DLR (AD) 201. Lawyers involved: Abdur Rab Chaudhury with Salauddin Dolon and Syeda Anwara Sattar, Advocates—For the Petitioner. Fida M Kamal, Additional Attorney-General with Adilur Rahman Khan, Deputy Attorney-General with Abdus Samad Kamal, Assistant Attorney-..

Category: Employment/Service Law | Date: | Hits: 67

Anwara Begum Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....rder of the Court of Settlement is not tenable in law. In this respect, the learned Advocate relies upon the decision reported in 5 BLC (AD) 25. 7. As against this, Mr. Md. Badruddoza, the learned Deputy Attorney-General, appearing on behalf of the Government, submits that the Court of Settlement......d Buildings as published in Ka list dated 28-4-1986 within 3(three) months from the date of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 251, 26 BLD (HCD) (2006) 123. ...... (Special Original Jurisdiction) Present: Tariq-ul-Hakim J Afzal Hossain Ahmed J Anwara Begum .............................. ……………Petitioner Vs. Government of Bangladesh and others………….Respondents Judgment August 1, 2005. Cases Referred To- Banglade......t of Settlement is not tenable in law. In this respect, the learned Advocate relies upon the decision reported in 5 BLC (AD) 25. 7. As against this, Mr. Md. Badruddoza, the learned Deputy Attorney-General, appearing on behalf of the Government, submits that the Court of Settlement is the only aut..

Category: Property Law | Date: | Hits: 40

Abdul Karim and others Vs. Court of Settlement and others, 2007, 36 CLC (HCD)

.... Case Referred To- Tarak Chandra Majhi vs. Atahar Ali Howlader, 8 BLC (AD) 67. Lawyers involved: MA Quddus Sheikh, Advocate—For the Petitioners. Karuna Moy Chakma, Deputy Attorney-General— For Respondent No. 2. Writ Petition No. 3976 of 2000. Judgm......6 under Abandoned Buildings (Supplementary Provisions) Ordinance, Ordinance 54 of 1985 at page No. 9764 (17), Serial No. 42 (Annexure-I). Ed. This Case is also Reported in: 59 DLR (2007) 247.......so Reported in: 59 DLR (2007) 247.......rred To- Tarak Chandra Majhi vs. Atahar Ali Howlader, 8 BLC (AD) 67. Lawyers involved: MA Quddus Sheikh, Advocate—For the Petitioners. Karuna Moy Chakma, Deputy Attorney-General— For Respondent No. 2. Writ Petition No. 3976 of 2000. Judgment Farid..

Category: Property Law | Date: | Hits: 33

Syed Ziaul Hasan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)

....tity module (SIM) Card according to the price fixed i.e. Taka 1800. There will be no order as to costs. Ed This Case is also Reported in: 59 DLR (2007) 238, 26 BLD (HCD) (2006) 366. ......tity module (SIM) Card according to the price fixed i.e. Taka 1800. There will be no order as to costs. Ed This Case is also Reported in: 59 DLR (2007) 238, 26 BLD (HCD) (2006) 366. ......DLR (2007) 238, 26 BLD (HCD) (2006) 366. ......elecom (Pvt) Ltd. vs. Bangladesh T & T Board 48 DLR (AD) 20 . Lawyers involved: Md. Idrisur Rahman with Shamsul Haque, Advocates—For the Petitioners. AJ Mohammad Ali, Attorney-General with Nahid Mahtab, Assistant Attorney-General—For Respondent No. 3. Rafique-ul-Huq w..

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

Khalilur Rahman Vs. State, 2007, 36 CLC (HCD)

....62 and Zaheda Bewa vs. State 37 DLR 66. Lawyers involved: Md. Anisur Rahman Hatem, Advocate—For the Appellant (In Criminal Appeal No. 1752 of 1997). Saifuddin Md. Aminur Rahim, Deputy Attorney-General—For the State-Respondent. Criminal Appeal No. 1752 of 1997 with Jai......lilur Rahman. We find no merit in these appeals. These appeals are dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 227 . ......�…Respondent Judgment February 22, 2007. Cases Referred To- Mahidur @ Mahidul Islam vs. State, 1983 BLD 162, Md. Azad Sheik @ Azad SK vs. State 1988 BLD 505 = 41 DLR 62 and Zaheda Bewa vs. State 37 DLR 66. Lawyers involved: Md. Anisur Rahman Hatem, Advoca......wa vs. State 37 DLR 66. Lawyers involved: Md. Anisur Rahman Hatem, Advocate—For the Appellant (In Criminal Appeal No. 1752 of 1997). Saifuddin Md. Aminur Rahim, Deputy Attorney-General—For the State-Respondent. Criminal Appeal No. 1752 of 1997 with Jail Appeal No. 926..

Category: Criminal Law | Date: | Hits: 38

Moezuddin (Md) Vs. State, 2007, 36 CLC (HCD)

.... AKM Akhtarul Kabir, Advocates—For the Petitioner. Munsurul Huq Chowdhury with JEM Hasan, Advocates—For Opposite Party No. 1. Fida M Kamal, Attorney-General with Saifuddin Md. Aminur Rahim, Deputy Attorney-General— For the State. Criminal Revision No. 231 of 2003. Judgment SK Si...... Sessions Judge, 1st Court, Pabna according consent to withdraw from the prosecution of the accused-opposite party No. 1 is set aside. Ed. This Case is also Reported in: 59 DLR (2007) 122. ......�………..Opposite Party Judgment March 5, 2007. Result: The Rule is made absolute. Cases Referred To- Devendra Kumar vs. Yar Bakld Choudhury, AIR 1939 Cal 220 (FB); King Vs. Paramand, AIR 1949 Pat 222 (FB); Dy Accountant General, Kerala vs. State of Kerala, AIR 1970 Ker 158 (FB)......March 5, 2007. Result: The Rule is made absolute. Cases Referred To- Devendra Kumar vs. Yar Bakld Choudhury, AIR 1939 Cal 220 (FB); King Vs. Paramand, AIR 1949 Pat 222 (FB); Dy Accountant General, Kerala vs. State of Kerala, AIR 1970 Ker 158 (FB); Abdul Karim vs. State of Karnataka AIR 2..

Category: Criminal Law | Date: | Hits: 43

Shaherunnessa Vs. Shamsunnahar, 2007, 36 CLC (HCD)

.... the decree of the trial Court decreeing the suits are hereby set aside and both the suits are dismissed. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 217. ...... the decree of the trial Court decreeing the suits are hereby set aside and both the suits are dismissed. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 217. ......tahuddin Choudhury J Shaherunnessa......Petitioner Vs. Shamsunnahar…….Opposite Party Judgment January 25, 2007. Cases Referred To- Sadak Ali vs. Suruj Ali 7 DLR 94; Amar Chandra Sana vs. Ajit kumar Das 33 DLR (AD) 37. Lawyers involved: Subrata Chowdhury, Advocate—...... the decree of the trial Court decreeing the suits are hereby set aside and both the suits are dismissed. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 217. ..

Category: Property Law | Date: | Hits: 35

Shahella Chowdhury Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)

....ew by respondent No. 2 and reassessment dated 15-6-03 (Annexure-E) under section 93 and order dated 24-12-03 (Annexure-F) imposing penalty under section 128 of the Income Tax Ordinance, 1984 by the Deputy Commissioner of Taxes. 2. Short facts out of which the Rule was obtained are that the peti......no legal effect; and they are accordingly quashed. Order of stay granted on 23-506 is also recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 213. ......h Court Division (Special Original Jurisdiction) Present: Md. Abdur Rashid J Md. Miftahuddin Chowdhury J Shahella Chowdhury............Petitioner Vs. National Board of Revenue and others…………..Respondents Judgment March 28, 2007. Case Referred To- Raghuvans......8, 2007. Case Referred To- Raghuvanshi Mills Ltd vs. CIT; 1952 22 ITR 484 (SC). Lawyers involved: Mosharraf Hossain, Advocate—For the Petitioner. Md. Rezaul Islam, Assistant Attorney-General—For the Respondents. Writ Petition No. 5143 of 2005. Judgment Md. Abdur Rashid J...

Category: Fiscal/Taxation Law | Date: | Hits: 69

Dhaka City Corporation and others Vs. Shamsur Rahman and others, 2007, 36 CLC (HCD)

....her the acquiring body, the government nor the requiring body, the erstwhile DIT now RAJUK appear in and contest the suit. Section 8 of the Emergency (Requisition) of Property Act, 1948, empowers the Deputy Commissioner only to release unused land. Claim of the DCC that it got possession of said unu......ring with peaceful possession of the plaintiff in the suit land, in any way, as prayed for. Send down the records, at once. Ed. This Case is also Reported in: 59 DLR (2007) 207. ......ase is also Reported in: 59 DLR (2007) 207. ......ring with peaceful possession of the plaintiff in the suit land, in any way, as prayed for. Send down the records, at once. Ed. This Case is also Reported in: 59 DLR (2007) 207. ..

Category: Property Law | Date: | Hits: 32

Mahbubul Alam (Md.) Vs. Bangladesh and Others, 2006, 35 CLC (HCD)

....vocate—For Respondent No. 5. Md. Taherul Islam, Advocate—For the Petitioner (In WP 2560 of 2004). Md. Humayun Kabir Bulbul, Advocate—For Respondent No. 6. Rajik-al-Jalil, Deputy Attorney-General with Sufia Ahmed, Assistant Attorney-General—For the Government- Respond......ase, the Rules in Writ Petition No. 2711 of 2004 and Writ Petition No.2560 of 2004 are hereby discharged without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 205. ...... (Special Original Jurisdiction) Present: Nozrul Islam Chowdhury J Syed Refaat Ahmed J Mahbubul Alam (Md.)……………..Petitioner Vs. Bangladesh and Others…………..Respondents Judgment May 24, 2006. Lawyers involved: ......pondent No. 5. Md. Taherul Islam, Advocate—For the Petitioner (In WP 2560 of 2004). Md. Humayun Kabir Bulbul, Advocate—For Respondent No. 6. Rajik-al-Jalil, Deputy Attorney-General with Sufia Ahmed, Assistant Attorney-General—For the Government- Respondents. Wri..

Category: Civil Law | Date: | Hits: 67

Anti-Corruption Commission Vs. Md. Hasan & others, 2008, 37 CLC (AD)

....tion under Article 102 of the Constitution and quashing the same is illegal and totally without jurisdiction and misinterpretation of the term 'fugitive from justice'. 5. It is admitted that the Deputy Director of the Commission held an enquiry in respect of the notice dated 25-2-2007 served by......ove, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2006) 183. ......ructed by Md. Wahidullah, Advocate-on-Record—For the Respondent Nos. 1-2. Not represented—the Respondent Nos. 3-7. Civil Petition for leave to Appeal No. 1432 of 2008. (From the judgment and order dated the 18th day of June, 2008 passed by the High Court Division in Writ Petition No. 11......ove, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2006) 183. ..

Category: Anti-Corruption Laws | Date: | Hits: 143

Abdul Halim (Md.) Vs. Abul Hasan Chowdhury Kaiser and others, 2001, 30 CLC (HCD)

....ave become infructuous. In the result, the Rules in both the writ petitions are discharged being infructuous without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 42.......ave become infructuous. In the result, the Rules in both the writ petitions are discharged being infructuous without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 42....... (Special Original Jurisdiction) Present: Md. Joynul Abedin J Nazrul Islam Chowdhury J Abdul Halim (Md.)………………………….. Petitioner Vs. Abul Hasan Chowdhury Kaiser and others…..Respondent Judgment July 23, 2001. Lawyers Involved: Khandaker Mahbubudd......itioner. Tania Amir with Bashir Ahmed, Advocates—For the Petitioner. Salahuddin Ahmed with Tanjib-ul Alam, Advocates— For the Respondent No.1. Md. Zahurul Islam Mukul, Assistant Attorney-General—For the Respondent (In both the Writ petitions). Writ Petition No. 953 of 1998 with Wr..

Category: Administrative Law | Date: | Hits: 356

Md. Ali Haider & Ors. Vs. State and others, 1987, 16 CLC (HCD)

....ure-list Ext.2. 16. P.W. 11 Nurul Hoque is a driver of the jeep by which the victims were allegedly taken to a unknown destination. He stated in his evidence that on 22.12.73 at about 10-30 A.M. Deputy Manager of Savar Dairy Firm asked him to bring the jeep bearing Dhaka "Ta"..........427 and...... the charge. They shall be set at liberty forthwith if not wanted in connection with any other case. Amin-ur-Rahman Khan J. – I agree Ed. This Case is also Reported in: 40 DLR (1988) 97. ...... Seraj alias Shepi..................Appellant Vs. The State...................Respondent(Criminal Appeal No.113 of 1985) Judgment November 25, 1987. Case Referred to- Zamir Hussain and ors. vs. The Crown, PLD 1949 Lahore page 170. Lawyers Involved: Serajul Huq with Abdul Mal......ahuddin - For appellants (In Criminal Appeal No. 109 of 1985). Khan Saifur Rahman with M.K. Rahman - For appellant (In Criminal Appeal No. 114 of 1985). A.K.M. Shamsul Karim, Assistant Attorney General - For the State. Criminal Appeal Nos. 103, 109 and 113 of 1985. (Arising out of Sessio..

Category: Criminal Law | Date: | Hits: 30

Mirza Shahab Ispahani Vs. Government of the Peoples’ Republic of Bangladesh, 1987, 16 CLC (HCD)

.... vs. Government of the People's Republic of Bangladesh 1981 BLD (HCD) 307= 1981 BCR 318. Lawyers Involved: Rafiqul Huq with Md. Fazlul Haque-for the Petitioner. Syed J.R. Modassir Hossain, Deputy Attorney General-for the Respondent. Writ Petition No. 120 of 1985. Judgment Mustaf......tore the disputed property to the possession of the petitioner within three months from date. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 87. ......adesh, represented by the Secretary, Ministry of Works, Secretariat Building, Dhaka..........................Respondent Judment March 31, 1987. Cases Referred to- State of Bombay vs. Pandurang Vinayak and others, A.I.R. 1953 (S.C) 244; East End Dwelling Co. Ltd. vs. Finsbury Borough ......of the People's Republic of Bangladesh 1981 BLD (HCD) 307= 1981 BCR 318. Lawyers Involved: Rafiqul Huq with Md. Fazlul Haque-for the Petitioner. Syed J.R. Modassir Hossain, Deputy Attorney General-for the Respondent. Writ Petition No. 120 of 1985. Judgment Mustafa Kamal J. - Thi..

Category: Immigration and Citizenship Law | Date: | Hits: 188

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