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

....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.......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....... Rule Nisi was issued cal­ling upon the respondents to show cause as to why the inclusion of the petitioner's building situated at House No. 1/15 Block-D, Mohammadpur, Dhaka as abandoned property in Bangladesh Gazette Extra­ordinary 'Kha' list published under the Abandoned Buildings (Supplementary..

Category: Property Law | Date: | Hits: 33

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

....the Chairman, National Board of Revenue, has contended that according to the provision of the Provisional Collection of Taxes Act, 1991, VAT is leviable upon the SIM Card of the petitioners because a declaration was made in the Finance Bill 2005 and according to the declaration, the Schedule introdu......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. ......High Court Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Zinat Ara J Syed Ziaul Hasan and others……………………Petitioners Vs. Bangladesh and others…………………………....Respondents Judgment May 10, 2006..

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

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

....The suits as framed were ones for eviction/ejection of monthly tenets from the suit premises, and also for arrears and Compensation for unauthorised use and occupation. The plaintiff did not seek any declaration of her title in the suit premises. Of course, She was hot required to seek such declarat...... 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. ..

Category: Property Law | Date: | Hits: 35

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

....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. ......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. ......ce association in accordance with paragraph 8 of the Fourth Schedule; (d) any sum deemed to be income, or any income accruing or arising or received, or deemed to accrue or arise or be received in Bangladesh under any provision of this Ordinance:" 16. Above definition of income appears to be i..

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

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

....operative society of motor parts owners. 3. Opposite party No. 1 as plaintiff on 27-11-02 instituted a suit being Title Suit No. 308 of 2002 against the petitioners and another for a decree of declaration that RS record of rights as prepared and finally published in the name of erstwhile DIT ......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. ......orporation and others ………Petitioners Vs. Shamsur Rahman and others………………….Opposite Parties Judgment February 8, 2007. Cases Referred To- Bangladesh vs. Samodra Narayan Mohajan and another 2006 BLD (AD) 145 = 11 BLC (AD) 226; Sarashijaksh..

Category: Property Law | Date: | Hits: 32

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

....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. ......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. ......t Division (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 ..

Category: Civil Law | Date: | Hits: 67

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

....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. ......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. ......he respondent No.1 was arrested by RAB-7, Chittagong on 14-2-2007 pursuant to Patenga Police Station GD Entry No. 149 dated 14-2-2007 under Rule 16(2) of the said Rules. Thereafter, the Government of Bangladesh vide Order No. 18 of 2007 dated 20-2-2007 detained the respondent No.1 in detention Case ..

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.......act and law they are heard and disposed of by this common judgment. 2. In both the Rules the petitioners, by filing applications under Article 102 of the Constitution of the People’s Republic of Bangladesh, have challenged under what authority respondent No.1 in Writ No. 953 of 1998 and respond..

Category: Administrative Law | Date: | Hits: 356

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

.... 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. ...... 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. ......ontemplated by this section lies square­ly on the prosecution. It is obligatory on the part of prosecution to prove affirmatively that maker of the report is dead, or that he can not be found within Bangladesh or that he cannot be called and produced as a witness without unreasonable delay 01 expen..

Category: Criminal Law | Date: | Hits: 30

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

..... Faced with the above submission Mr. Syed J.R. Modassir Hossain has only contended that as the petitioner did not renounce his Pakistani citi­zenship allegedly on 28.2.72 and as he did not make any declaration owing allegiance to Bangla­desh and as he also did not apply for either a Ban­gladeshi......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. ......rough Council, 1951 (2) All Eng­land Law Reports, 587; Mehreen Zaibun Nisa vs. Land Commissioner, Multan and others, P.L.D. 1975(S.C) 397; Zamiruddin Ahmed vs. Government of the People's Republic of Bangladesh 1981 BLD (HCD) 307= 1981 BCR 318. Lawyers Involved: Rafiqul Huq with Md. Fazlul Haq..

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

Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)

....42. 21. We have listened to the submissions of the learned Advocates for a number of days together in great details, perused the document namely the letter of credit, the indent, bill of exchange, declaration etc. and also examined the relevant provisions of law as referred to by the learned Advo......on of the judgment is stayed for 4 (four) weeks from date. There will however be no order as to costs. Amirul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 72.......00 but having failed to obtain any the plaintiff is constrained to file the Money Suit for recovery of the said amount. 10. As the defendant company has no other properties movable or immovable in Bangladesh ex­cept the properties described in the schedule namely the proceeds of the letter of cr..

Category: Business or Commercial Law | Date: | Hits: 209

State Vs. Mizanul Islam alias Dablu & another, 1987, 16 CLC (HCD)

....s hereby set aside and he is set at liberty forth with if not wanted in connection with any other case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58.......s hereby set aside and he is set at liberty forth with if not wanted in connection with any other case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58.......stigating Officer that P.W.4 Khondkar Nurul Islam told him that the appellant Dablu mur­dered his wife and caused bleeding injuries to him by dagger. 20. P.W.9 Abdul Baqui is Chemical examiner of Bangladesh. A check Lungi, Blouse and a dagger, each stained with blood was sent to P.W.9 Baqui for ..

Category: Criminal Law | Date: | Hits: 61

Abu Lokman Vs. Commissioner of Customs & others, 2002, 31 CLC (HCD)

....ith the purview of the impugned notification because description given in the notification is completely different from the description of the pipes imported by the petitioner. It appears that in the declaration on the bill of entry submitted by the petitioner the description of the goods as given i......aid sub section. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 34. ......aid sub section. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 34. ..

Category: Fiscal/Taxation Law | Date: | Hits: 56

New Age Garments Ltd. and others Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)

....4 Ain/2001/Srakoml0/Ni:Mo: Ni; 28/2001 dated 8th July, 2001 is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 54 DLR (2002)33.......4 Ain/2001/Srakoml0/Ni:Mo: Ni; 28/2001 dated 8th July, 2001 is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 54 DLR (2002)33.......LR (2002)33...

Category: Labour and Industrial Law | Date: | Hits: 96

Ripon Packaging and Accessories Ltd. Vs. Eastern Bank Ltd. and another, 2001, 30 CLC (HCD)

.... of this Rule are that the present petitioner as plaintiff instituted a Title Suit No. 153 of 1998 in the Court of 5th Subordinate Judge, Dhaka against the defendant-opposite party Nos. 1 and 2 for a declaration that demand of interest and penal interest by the defendant Bank is illegal, fraudulent,......aw and both the suits be disposed of as early as possible preferably within 3 (three) months from the date of receipt of the copy of this Judgment. This Case is also Reported in: 54 DLR (2002) 31. ......y J Ripon Packaging and Accessories Ltd………. Petitioner Vs. Eastern Bank Ltd. and another………………….. Opposite-Parties Judgment June 4, 2001. Case Referred To- Bangladesh Shilpa Bank vs. Bangladesh Hotels Ltd., 38 DLR (AD) 70; Ahmed Silk Mills Ltd. vs. Banglad..

Category: Civil Law | Date: | Hits: 73

Paul Reinhurt Limited and another Vs. Prime Textiles Spinning Mills Ltd. and others, 2001, 30 CLC (HCD)

....rocedure against an order dated 24-5-95 passed by Subordinate Judge, 5th Court at Dhaka in Title Suit No. 139 of 1994. 3. Opposite Party No. 1, a limited company, instituted the suit for following declarations as well as perpetual injunctions: a. Permanent injunction against the defendants res......Plaint of the suit having been rejected, no separate order needs to be passed on the application of defendant No. 3 for striking out its name. Ed. This Case is also Reported in: 54 DLR (2002) 17.......702; Probity Shipping Corporation and another vs. StateTrading Corporation of India (1980-81) 85 CWN 268, times Orient Transport Co. vs. Jaya Bharat C & J Co., AIR 1987 (SC) 2289; Mecca Mills vs. Bangladesh Shilpa Bank, (1999) 4 BLC 169; Salamat Khan vs. QG Ahad, (1978) 30 DLR (SC) 271; Governme..

Category: Civil Law | Date: | Hits: 101

M. Abul Quashem & ors. Vs. Moulvi Abdur Rab Miah & others, 2002, 31 CLC (HCD)

....ithin 7 days, should not be set aside. 2. Material facts for disposal of the Rule are that the defendants in the original suit are the 2 as plaintiffs instituted the Title Suit No. 28 of 1994 for declaration of their title in respect of the suit land described in 'Ka' schedule of the plaint and ......ceipt of the order in accordance with law. Stay granted earlier is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 32.......ceipt of the order in accordance with law. Stay granted earlier is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 32...

Category: Property Law | Date: | Hits: 28

Matiur Rahman (Md) Vs. People's Republic of Bangladesh and others, 2002, 31 CLC (HCD)

....the writ petition changing his status and transfer as Darowan is declared to have been passed without lawful authority and of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 26.......the writ petition changing his status and transfer as Darowan is declared to have been passed without lawful authority and of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 26....... High Court Division (Special Original Jurisdiction) Present: SAN Mominur Matiur Rahman J Md. Arayes Uddin J Matiur Rahman (Md)..............Petitioner Vs. People's Republic of Bangladesh and others..................Respondents Judgment April 24, 2002. Cases Referred..

Category: Labour and Industrial Law | Date: | Hits: 71

M Mojibul Haque Vs. DG, Bangladesh Bureau of Anti-­Corruption & ors., 2001, 30 CLC (HCD)

....l Chanda Dwarkadas Morarka Vs. King, AIR (1948) (PC) 82. In the premises, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 24. ......l Chanda Dwarkadas Morarka Vs. King, AIR (1948) (PC) 82. In the premises, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 24. ...... ..

Category: Anti-Corruption Laws | Date: | Hits: 138

Aliluddin and others Vs. Ministry of Land Administration and Land Reforms & others, 1999, 28 CLC (HCD)

....hout lawful authority and to be of no legal effect. In the result, the Rules are discharged without however any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 112. ......hout lawful authority and to be of no legal effect. In the result, the Rules are discharged without however any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 112. ......d Plot No.99 measuring 1.30 acres of land of SA Khatian No. 32 Mouza Harirouth Pulker under Police Station Kaliakair, District Gazipur have been requisitioned for installation of transmitter of Radio Bangladesh at Kabirpur vide LA Case No. 9 of 1973-74. 4. On receipt of the said notice the petiti..

Category: Property Law | Date: | Hits: 31