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Most. Sufia Chowdhury Vs. Government of the People's Republic of Bangladesh and others, 2010, 39 CLC (HCD)

....it No.48 of 1986 in the second Court of Munsif, Dhaka for declaration that the order dated 23.05.1978 passed by the opposite party No.2 in Miscellaneous Case No.17 of 1978 was void ab initio, without lawful authority, illegal, ultra vires and of no legal effect and not binding upon the plaintiff and......130. ......e Judgment and decree dated 10.08.1987 and 20.08.1987 respectively passed by the learned Assistant Judge, Gazipur in Title Suit No.48 of 1986 should not be set aside and/or pass such other or further order or orders passed as to this Court may seem fit and proper. 2. This matter appears in the ca..

Category: Property Law | Date: | Hits: 82

Raju Bala Kuri and others Vs. Narayan Chandra Kuri, 2009, 38 CLC (HCD)

....osts and the order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 126. ......down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 126. ......AD) at page 59. Lawyers Involved: No one appears - For the petitioners. Abul Kalam Chowdhury, Advocate - For the opposite party. Civil Revision No. 6066 of 2002. (From the Judgment and order dated 30.4.2002 passed by the learned Joint District Judge and Artha Rin Adalat, Noakhali in T..

Category: Civil Law | Date: | Hits: 103

Mohiuddin Ahmmed and others Vs. State, 2011, 40 CLC (HCD)

....fter proper investigation and the Tribunal took cognizance of the offence. 6. We have examined the documents referred by the learned Advocate for the appellants and also examined the provisions of law. The Drug Act, 1940 does not ousts the jurisdiction of any other Court to try an offence relatin....... - I agree. Ed. This Case is also Reported in: ......istant Attorney General- for the respondent. Criminal Appeal No. 3247 of 2008. Judgment Md. Ruhul Quddus J. - This appeal under section 30 of the Special Powers Act, 1974 is directed against order dated 15.4.2008 passed by the Judge, Special Tribunal No.1, Noakhali in Special Tribunal Case ..

Category: Criminal Law | Date: | Hits: 99

Shamsu Miah Vs. State, 2011, 40 CLC (HCD)

....ellant is acquitted of charge leveled against him. He is also released from his bail bond. Send down the lower Court records. Naima Haider J. - I agree. Ed. This case is also Reported in: ......rney General - for the respondent. Criminal Appeal No.1248 of 1996 Judgment Md. Ruhul Quddus J. - This appeal under section 410 of the Code of Criminal Procedure is directed against judgment and order dated 8.8.1996 passed by the Additional Sessions Judge, Second Court, Brahmanbaria in Sess...... General - for the respondent. Criminal Appeal No.1248 of 1996 Judgment Md. Ruhul Quddus J. - This appeal under section 410 of the Code of Criminal Procedure is directed against judgment and order dated 8.8.1996 passed by the Additional Sessions Judge, Second Court, Brahmanbaria in Session ..

Category: Criminal Law | Date: | Hits: 87

Md. Selim Vs. State, 2011, 40 CLC (HCD)

....f any arms. In these days people do not dare to stand against illegal arms-holders and terrorists because of fear of life and honour. We must consider this social reality in interpreting the criminal law and rules of evidence. 11. The learned Judge of the Special Tribunal has considered the evide......ant Vs. The State..................Respondent Judgment April 10, 2011. Result: The appeal is dismissed. Case Referred to- Yousuf Sk. alias Sk Abu Yousuf Vs. Appellate Tribunal and another, 29 DLR (SC) 211; Abdul Hai Sikder and another Vs. The State, 43 DLR (AD) 95. Lawyers......ey General - for the respondent. Criminal Appeal No.1024 of 1996. Judgment Md. Ruhul Quddus J. - This appeal under section 30 of the Special Powers Act, 1974 is directed against judgment and order dated 15.6.1996 passed by the Special Tribunal No.9, Comilla in Special Tribunal Case No.129 o..

Category: Criminal Law | Date: | Hits: 94

Hozizur Rahman and others Vs. Abu Bakar Chowdhury and others, 2011, 40 CLC (AD)

....6 months from the date of receipt of the order, in default, for pro­ceeding with the trial of the Title Suit No.213 of 1994. The learned Advocate has argued that the High Court Division has erred in law in giving this very direc­tion ignoring the provision of Section 10 of the Code of Civil Proced......rendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Hozizur Rahman and others..........................................Petitioners Vs. Abu Bakar Chowdhury and ot......n, Advocate-on-Record—For Respondent Nos.1-3, 10 & 12. Respondent Nos. 4-9, 11 & 13-26—Not represented. Civil Petition for Leave to Appeal No.2298 of 2009. (From the judgment and order dated 19.05.2009 passed by the High Court Division in Civil Revision No.4014 of 2008.) Judg..

Category: Property Law | Date: | Hits: 75

Abdul Halim Vs. Dina Bandhu Chandra Das and others, 2011, 40 CLC (AD)

....at there is no merit in these civil petitions for leave to appeal. In the result both the civil petitions for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 394....... Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Abdul Halim........................................................Petitioner (In both the cases) Vs. Dina Bandhu Chandra Das and others......................Respondents (In both the cases) Judgment No......ord—For Respondent No.4 (In both the cases). Respondent Nos.1-3, 5-33 (In both the cases)—Not represented. Civil Petition for Leave to Appeal Nos. 797-798 of 2010. (From the judgment and order dated 23.11.2009 passed by the High Court Division in Civil Revision Nos.3496 of 2005 and 3501..

Category: Property Law | Date: | Hits: 72

Muktarpur Matashajibi Samabaya Samity Ltd. Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)

.... 1416 BS and as such the lease of the petitioner for the years 1416 to 1420 BS was concluded, and, therefore, the subsequent report claiming that the lease was only for one year is not sustainable in law and as such the judgment dated 21.04.2010 passed in Writ Petition No.1505 of 2010 is liable to b......Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muktarpur Matashajibi Samabaya Samity Ltd......................................Petitioner Vs. Government of Bangladesh and others...............................................Respondents Judgment March 30, 2011.......dated 21.04.2010 passed by the High Court Division in Writ Petition No.1505 of 2010) Judgment Muhammad Imman Ali J.- This Civil Petition for Leave to Appeal is directed against the judgment and order dated 21.04.2010 passed by the High Court Division in Writ Petition No. 1505 of 2010 dischargi..

Category: Property Law | Date: | Hits: 90

Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)

....eeds as set forth in the schedule "ka" of the plaint are illegal, forged, fake collusive and made by false personation and of no legal effect which is not only misconceived and also clearly barred by law because the Artha Rin Adalat Ain being a special legislation setting up special Court the remedi......t Division (Civil)  Present:  Sheikh Abdul Awal J M. Moazzam Husain J Arab Bangladesh Bank Ltd................................Defendant-petitioner Vs. Mr. Md. Salauddin and others ..................................Plaintiff-opposite parties Judgment  July 8,......qul Haque Khan, Advocates - For the petitioner.   Enayet Hussain Khan with Md. Ziaul Hoque, Advocates - For the opposite party No.1. Civil Revision No. 4786 of 2003. (Arising out of the order dated 28.9.2003 passed by the Joint District Judge, 2nd Court, Narayangonj in Title Suit No.31..

Category: Civil Law | Date: | Hits: 141

S.M. Kamaluddin Vs. Chairman, First Labour Court, Dhaka and others, 2011, 40 CLC (AD)

....ounsel appearing on behalf of the peti­tioner submits that the High Court Division passed the impugned judgment and order upon misreading and misinter­preting the materials on record and rele­vant law. He points out that the Chairman of the Labour Court while passing his judgment failed to take i......d Imman Ali J Md. Momtazuddin Ahmed J S.M. Kamaluddin………………………………………………………….................Petitioner Vs. Chairman, First Labour Court, Dhaka and others......................Respondents Judgment December 15, 2011. Result: The pet......s. Sufia Khatun, Advocate-on-Record—For the Respondent Nos.2 and 3. For Respondent Nos.1 and 4—Not represented. Civil Petition for Leave to Appeal No. 962 of 2011. (From the judgment and order dated 8th December, 2010 passed by the High Court Division in Writ Petition No.3742 of 2004) ..

Category: Labour and Industrial Law | Date: | Hits: 183

Abdul Hakim Sarder and others Vs. Ahidul Sarder and others, 2012, 41 CLC (AD)

....judgment and order dated 01.12.2008 passed by the High Court Division in Civil Revision No.4795 of 2004 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 250....... (Civil) Present: Md. Muzammel Hossain CJ Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Inman Ali J Md. Shamsul Huda J Abdul Hakim Sarder and others.................................Petitioners Vs. Ahidul Sarder and others.................structed by Md. Nawab Ali, Advocate-on-Record—For Respondent Nos. 1-7. Respondent Nos. 8-25 —Not repre­sented. Civil Petition for Leave to Appeal No. 223 of 2009. (From the judgment and order dated 01.12.2008 passed by the High Court Division in Civil Revision No.4795 of 2004) Order..

Category: Property Law | Date: | Hits: 80

Sheikh Moqbul Ahmed and Rabeya Khatun Vs. Ms. Nurunnahar Begum, 2012, 41 CLC (AD)

....nt any nominee for his provident fund. So according to the above mentioned provision of these "Rules" the provident fund benefit will have to be disbursed to all his legal heirs according to personal law of inheritance. So, evidently, the High Court Division was wrong in holding that since the par­......d. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Sheikh Moqbul Ahmed and Rabeya Khatun wife of Sheikh Moqbul Ahmed being dead their heirs Sheikh Golam Mustafa and others......afa and others...........................Petitioners Vs. Ms. Nurunnahar Begum.........................................Respondent Judgment January 16, 2012. Result: The judgment and order of the High Court Division is set aside. Lawyers Involved: Israfil Hossain, Advocate ins..

Category: Civil Law | Date: | Hits: 154

Meher Negar Vs. Mojibur Rahman, 1994, 23 CLC (HCD)

....one appears to oppose the Rule on behalf of the opposite party. 5. Mr. Alimuzzaman Chowdhury, the learned Advocate for the petitioner, contends that the Family Courts Ordinance, 1985 is a personal law applicable to the Muslims of Bangladesh only and not to any other community and, as such, its pr......e Party Judgment September 5, 1994. Result: The Rule is made absolute. Cases Referred to- Civil Revision No. 870 of 1991, (unreported decision); Abdul Khaleque (Md) Vs. Selina Begum and another, 42 DLR 450; PLD 1969 (SC) 187; Supreme Court Monthly Review (Vol. IV) of 1971, 150. ......itioner. No one ‑ For the Opposite Party. Criminal Revision No. 263 of 1987. Judgment Badrul Islam Chowdhury J. -By this Rule the opposite party was directed to show cause as to why the order dated 16.3.87 passed by the Sessions Judge, Madaripur in Criminal Motion No.13 of 1987 should ..

Category: Family Law | Date: | Hits: 215

Shahidul Alam VS. Government of Bangladesh and others, 1994, 23 CLC (HCD)

....Prisons) Dhaka Central Jail, Dhaka to show cause as to why Mr. Stefan Pirker, a foreign national, should not be released from custody on the ground that he had been detained illegally and without any lawful authority. 2. Facts, in brief, are, that the petitioner is a friend, well‑wisher and emp......man J Shahidul Alam………………………………………………..Petitioner VS. Government of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Secretariat, Dhaka and others………………………Respondents Judgment November 30, 1994. Result: The...... in buying readymade garments from Bangladesh for the buyers in various European countries. The detenu in course of his business has been helping in garments industry in Bangladesh by getting as many orders as possible, thereby assisting the growth and development of the garment industry in this cou..

Category: Criminal Law | Date: | Hits: 200

Iskander Lasker Vs. District Magistrate, Jessore and others, 1994, 23 CLC (HCD)

....rder or orders passed as to this Court may seem fit and proper. 2. The petitioner, a cousin of the detenu, filed the application under section 491 of CrPC stating, inter alia, that the detenu is a law abiding citizen and a well behaved reputed businessman in the locality owning a grocery shop and......wanted in any other connection. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ......is rule was issued calling upon the opposite parties to show cause as to why the detenu Md. Shahadat Hossain alias Bere now detained in Jessore Central Jail should not be brought before this Court in order to satisfy itself that the detenu is not being held in custody illegally or improperly or such..

Category: Criminal Law | Date: | Hits: 86

Syed Monirul Huda Chowdhury Vs. Fouzia Chowdhury and others, 1994, 23 CLC (HCD)

.... re‑arrangement of the facts in the plaint to their proper perspective and necessary for appropriate relief. The impugned order is not explicit but it is impliedly very clear and in accordance with law. 11. In the aforesaid premises the arguments of Mr. Kazi Shahadat Hossain does not inspire an......ivil Revisional Jurisdiction) Present: Mahmudul Amin Chowdhury J Abu Sayeed Ahammed J Syed Monirul Huda Chowdhury………………………………Petitioner Vs. Fouzia Chowdhury and others…………………………………Opposite Parties Judgment June 5, 1994. Re......amendments shall be as may be necessary for the purpose of determining the real question in controversy between the parties." Subordinate Judge, 4th Court, Dhaka allowed the amendment by its impugned order dated 1.9.93 permitting the defendants to file additional written statement if any, in Title S..

Category: Property Law | Date: | Hits: 151

Commissioner of Taxes, Chittagong (South) Zone, Chittagong Vs. Mohammadi Trading Company, 1994, 23 CLC (HCD)

....t case is a limited Company carrying on business under the name and style of Mohammadi Trading Company, which has subsequently been nationalised after the liberation of Bangladesh. The question of law referred to is: "Whether on the facts and in the circumstances of the case, the Tribunal was ......the absence of other previous Advocate Mr. AM Mahmudur Rahman who has since been elevated to the Bench. 2. The assessee in the instant case is a limited Company carrying on business under the name and style of Mohammadi Trading Company, which has subsequently been nationalised after the liberatio......ssioner of Taxes allowed the appeal in part deleting the addition in the Trading Account while maintaining the addition with respect to profit under section 10 (2A) and the disallowances, etc. by his order dated 26.9.81. 7. The assessee appealed against the said order before the Appellate Tribuna..

Category: Fiscal/Taxation Law | Date: | Hits: 188

American Bureau of Shipping Vs. Commissioner of Taxes (South) Zone, Chittagong, 1994, 23 CLC (HCD)

....for business in Bangladesh cannot be allowed on the theory that no foreign income earned outside Bangladesh can be taken into account for computing taxable income in this country. 3. The points of law referred to by the assessee in this Reference Application No. 80 of 1992 are many in number but ......€¦â€¦â€¦â€¦.Respondent Judgment June 30, 1994. Result: The finding of the Taxes Appellate Tribunal was not justified. Cases Referred to- ITR No. 1574 (Bom) of 1974‑75; IT No. 1212 and 1213 (Bom) 1975‑76; Commissioner of Taxation Vs. Kirk, 1900 AC 588 (PC); CIT Vs. Ahmedbhai Uma......lication Nos. 80, 81 and 82 of 1992. Judgment Anwarul Hoque Choudhury J. - This Refer­ence application No. 80 of 1992 under section 160 of the Income Tax Ordinance, 1984 is directed against an order passed by Taxes Appellate Tribunal, Additional Bench‑1 Chittagong in Income Tax Appeal No. 4..

Category: Fiscal/Taxation Law | Date: | Hits: 159

Abdul Ali and another Vs. State, 1977, 6 CLC (AD)

.... affecting the pecuniary interests of the ‘Government’ or to make, authenticate or keep any document relating to the pecuni­ary interest of 'the Government' or to pre­vent the infraction of any law of the protection of the pecuniary interest of the Government, and every officer in the service ......is Case is also Reported in: 30 DLR (AD) (1978) 58. ......y Attorney-General with B. B Roy Chowdhury, Assistant Attorney-General, instructed by S. S. Huda, Advocate-on-Record—For the Respondent. Criminal Appeal No.11 of 1976. (From the Judgment and order dated the 2nd June, 1976 passed by the High Court Division in Criminal Revision Case No.215 of..

Category: Criminal Law | Date: | Hits: 115

Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)

....reement with the aforesaid finding on the view that in judging this question the said Court had committed an error in regard to the burden of proof and that, as such, their finding was not tenable in law. We do not think that the learned Judges of the High Court were correct in their view that the f......Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ......at the appeal is allowed with costs. The judgment and decree of the High Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ..

Category: Property Law | Date: | Hits: 97