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.... Manikganj on 10.6.87 in Trust Act Case No.1 of 1986 was illegal and is therefore set aside.
In the result, the appeal is allowed.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 512.
......i Lal Roy Chowdhury created a trust of an immovable property by a registered Instrument of Trust executed on 10th April, 1926 corresponding to 27th Chaitra 1332 BS and registered on 19th August, 1926 for the purpose of establishment of a charitable Trust to be named "Hemendra Lal Homocopathic Databy...... Manikganj on 10.6.87 in Trust Act Case No.1 of 1986 was illegal and is therefore set aside.
In the result, the appeal is allowed.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 512.
......Hemendra Lal Homoeopathic Databya Chikitshalay and another………Appellants
Vs.
The Administrator General and Official Trustee...................Respondent
Judgment
January 16, 1991.
Lawyers Involved:
SR Karmaker, Advocate ‑ For the Appellant.
Ahmed Nurar Reza with Mirza Hus..
Category: Trust/Waqf Law | Date: | Hits: 183
....answer the question Nos. 4 and 5 in the affirmative and against the assessee.
The parties are left to bear their respective costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 510.
......160(1) of the Income Tax Ordinance, 1984 the assessee has raised as many as five questions said to have arisen out of the order of the Taxes Appellate Tribunal relating to assessment year 1973‑74 for our decision. Questions 1‑3 relate to claim of depreciation claimed under section 10(2)(vi) of......answer the question Nos. 4 and 5 in the affirmative and against the assessee.
The parties are left to bear their respective costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 510.
...... Dhaka Sheraton Hotel, 1 Minto Road, Dhaka…………………Applicant
Vs.
The Commissioner of Taxes, Dhaka (North) Zone, Dhaka....................Respondent
Judgment
March 31, 1992.
Lawyers Involved:
Rokan Uddin Mahmud, Advocate ‑ For Applicant.
Md. Moksudur Rahman - Respon..
Category: Fiscal/Taxation Law | Date: | Hits: 139
State Vs. Sree Ram Krisna Nath (Ram Babu) and another, 2011, 40 CLC (AD)
....ompliance of the Court’s order. Let a copy of this judgment alongwith all the records be transmitted also to the Court of Cognizance Magistrate, Chittagong. Ed. This Case is also Reported in: ......ow pending in the Court of Chief Metropolitan Magistrate, Chittagong. 2. Facts of the case, in brief, are as follows: On 11.08.2004 at 3.40 p.m. the District Task Force upon receiving secret information raided the Jewellery Shop called “Nath Jewellers” owned by Sree Ram Krisna Nath (Ram B......ompliance of the Court’s order. Let a copy of this judgment alongwith all the records be transmitted also to the Court of Cognizance Magistrate, Chittagong. Ed. This Case is also Reported in: ...... Sree Ram Krisna Nath (Ram Babu) and another……... Respondents Judgment October 12, 2011. Case Referred to- Abdus Salam Master alias Salam and another Vs. The State, 36 DLR (AD) 58. Lawyers Involved: Khandaker Diliruzzaman, Deputy Attorney General, instructed by B. Hossain Advoc..Category: Criminal Law | Date: | Hits: 83
Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)
....rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96. ......ow cause as to why the impugned order dated 17.01.2010 passed by the learned Joint District Judge, 1st Court, Lakshmipur, in Title Suit No. 5 of 2007, should not be set aside. 2. The relevant fact for disposal of the rule, in short, is that one Siddik Ullah instituted Title Suit No. 5 of 2007 in ......rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96. ......ondal and others, 10 BLT (HCD) 127; Tara Miah and others Vs. Bhovotosh Das, 2 BLC (AD) 59; Abdul Kader Mondal and others Vs. Md. Shamsur Rahman alias Md. Shamsur Rahman Saha, 19 BLD (AD) 183. Lawyers Involved: Abul Kalam Chowdhury, with Md. Osman Ghani, Advocates- For the petitioner. K..Category: Limitation Law | Date: | Hits: 219
Saijuddin Molla Vs. Abdur Rahman and others, 2011, 40 CLC (HCD)
....n Pre-emption Miscellaneous Case No.21 of 2003 is set-aside. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: ......e party as pre-emptor-applicant filed Miscellaneous (Pre-emption) Case No.21 of 2003 under section 96 of the State Acquisition and Tenancy Act in the Court of Senior Assistant Judge, Sadar, Manikganj for pre-empting the case land as described in the application stating that he was a co-sharer to the......n Pre-emption Miscellaneous Case No.21 of 2003 is set-aside. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: ......pposite-parties Judgment November 22, 2011. Cases Referred to- 33 DLR (AD) 113; 31 DLR (AD) 89; Ashini Kumar Karmakar being dead his heirs Vs. Hari Mohan Shil and others 4 BLD (AD) 27. Lawyers Involved: Syed Mahmudul Ahsan, Advocatep-For the petitioner. Probir Halder with Abul ..Category: Property Law | Date: | Hits: 62
Md. Nazimuddin Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....t the case before the Administrative Tribunal was barred by limitation. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 10. ......C 1006. Lawyers Involved: Syed Amirul Islam, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record- For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 2001 of 2009. (From the judgment and order dated 26.07.2009 passed by the......t the case before the Administrative Tribunal was barred by limitation. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 10. ......sh and others…………………..Respondents Judgment August 25, 2011. Cases Referred to- Canada Sugar Refining Co V.R (1898) AC 735; Sultana Begum Vs. Prim Chand, AIR 1997 SC 1006. Lawyers Involved: Syed Amirul Islam, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocat..Category: Administrative Law | Date: | Hits: 196
Kazi Abdul Awal Zewar Rashid Vs. Dhaka Municipal Corporation and another, 1990, 19 CLC (HCD)
....t his report within fifteen days from appointment. The stay granted earlier is thereby vacated. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 509. ......ction 115 of the Code of Civil Procedure and is directed against an order dated 8.11.89 passed by the learned Subordinate Judge, 1st Court, Dhaka in Title Suit No.581 of 1985 rejecting an application for local investigation to ascertain the suit property. 2. The petitioners as plaintiff institute......t his report within fifteen days from appointment. The stay granted earlier is thereby vacated. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 509. ......dnan Rashid (Minor) and others …………………Petitioners Vs. Dhaka Municipal Corporation and another ... ..........................Opposite Parties Judgment December 12, 1990. Lawyers Involved: M Saleem Ullah, Advocate ‑ For the Petitioners. M Shafzullah, Advocate ‑..Category: Property Law | Date: | Hits: 71
....Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 502........
Subrata Chowdhury, Advocate ‑ For the Respondent.
Writ Petition No.5 of 1991.
Judgment
Mainur Reza Chowdhury J.- This is a petition by Khapan Bittahin Co‑operative Society Limited for review of the judgment and order dated 7.5.91 passed by this Court making the Rule absolute Writ......Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 502.......y Company Limited, 8 PLR (Lahore) 111; Najmul Huq Vs. Panchanan poddar, 21 DLR (Dac) 78; Muhammad Idris Khan Vs. Haji Erfanuddin, 9 DLR 601; Abul Khair Mia Vs. Abdul Latif Sarder, 32 DLR (AD) 167.
Lawyers Involved:
MA Matin, Advocate ‑ For the Petitioner.
Subrata Chowdhury, Advocate ‑ F..
Category: Civil Law | Date: | Hits: 87
Commissioner of Taxes Vs. Md. Hasanuzzaman, 1993, 22 CLC (HCD)
.... costs. This order shall govern both the reference application Nos. 3 and 4 of 1989. We return the references with the above answer. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 500.......rence under section 66(1) of the Income Tax Act, 1922, is at the instance of the Commissioner of Taxes, Dhaka (West) Zone, Dhaka. By this reference the department refers the following question of law for our decision: (1) Whether the Taxes Appellate Tribunal is justified in annulling the assessme...... costs. This order shall govern both the reference application Nos. 3 and 4 of 1989. We return the references with the above answer. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 500....... Mudassir Husain J Commissioner of Taxes, Dhaka (West) Zone, Dhaka…………………..Applicant Vs. Md. Hasanuzzaman……………………Respondent Judgment February 9, 1993. Lawyers Involved: Md. Muksudur Rahman, Advocate ‑ For the Applicant. None appears - For the ..Category: Fiscal/Taxation Law | Date: | Hits: 98
....ion under Article 102 of the Constitution.
In view of our aforesaid discussion, we discharge the Rule without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 498....... Rahman J.- By this Rule Nisi issued under Article 102 of our Constitution the respondents have been called upon to show cause as to why the eviction of the petitioners on 19.8.1985 without providing for alternative plots for their rehabilitation should not be declared to have been passed without la......ion under Article 102 of the Constitution.
In view of our aforesaid discussion, we discharge the Rule without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 498..............Petitioners
Vs.
The Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh and others.........................Respondents
Judgment
April 28, 1991.
Lawyers Involved:
Khademul Islam Chowdhury, Advocate ‑ For the Petitioners
Hasan Arif, Deput..
Category: Property Law | Date: | Hits: 79
Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)
....ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ......The said suit land was, of course, acquired by Md. Putan in benami of his son Ali Hossain on 01.02.1901 but he was the real ostensible owner of the suit land as it was acquired with his own money and for his own benefit. After sometime, landlord Fazal Kabir Khan forcibly dispossessed Md. Putan from ......ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ......nd App (Moor’s Indian Appeal) 494; Jogendro Deb Roy Kut Vs. Funindro Deb Roy Kut, (1870-72) Moo Ind App 367; Gadadhar Chowdhuyr Vs. Sarat Chandra Chakravarty (1940) 44 CWN 935=AIR 1941 Cal 193. Lawyers Involved: Mahbubey Alam, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record..Category: Property Law | Date: | Hits: 116
Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)
....d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ......7 making the Rule absolute. 2. Facts relevant to the disposal of this appeal are that respondent Nos.1 and 2 as petitioners (hereinafter referred to as writ-petitioners) filed the writ petition before the High Court Division challenging the notice bearing Memo No.RJSC2676(1-3)/1 dated 11.10.2007......d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ......…………………….......Appellant Vs. Tea Hung Packaging (Bd) Ltd. and Others…………………. Respondents Judgment July 20, 2011. Result: The appeal is dismissed. Lawyers Involved: Ms. Ok-Kyung Oh, in person-For the Appellant. M. Amir-ul Islam, Senior Advo..Category: Company Law | Date: | Hits: 235
Principal, Fulbaria College, Mymensingh Vs. Md. Helaluddin and Others, 2010, 39 CLC (AD)
.... The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 11, 16 MLR (AD) (2011) 380, 8 LG (AD) (2011) 155, VIII ADC (2011) 941. ...... respondent No.1, (writ petitioner) a teacher of Fulbaria College, Mymensingh instituted Writ Petition No.3746 of 2003 in the High Court Division seeking a declaration to the effect that the decision for demotion of the writ petitioner by the writ respondents to the post of lecturer from the post of...... The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 11, 16 MLR (AD) (2011) 380, 8 LG (AD) (2011) 155, VIII ADC (2011) 941. ......……………………………………… Respondent Judgment March 3, 2010. Cases Referred to- Riggs Vs. Palmer (1889) 115 NY 506, 22 NE 188; Davitt Vs. Titcumb (1989) 3 AUER 417. Lawyers Involved: A.J. Mohammad Ali, Senior Advocate, instructed by Zahirul Islam, Advocate-on-Re..Category: Employment/Service Law | Date: | Hits: 204
Barrister Nazmul Huda and another Vs. State and another, 2011, 40 CLC (HCD)
....n the L.C. records along with a copy of this Judgment and order to the Court concerned immediately for information and necessary action. Ed.This Case is also Reported in: 16 MLR (HCD) (2011) 381. ......the accused appellant No.1, Barrister Nazmul Huda under Section 5(2) of the Prevention of Corruption Act, 1947 and Section 161 of the Penal Code and sentencing him to suffer rigorous imprisonment for 7(seven) years with a fine of Tk. 2,50,00,000/-in default to suffer rigorous imprisonment for 1(......n the L.C. records along with a copy of this Judgment and order to the Court concerned immediately for information and necessary action. Ed.This Case is also Reported in: 16 MLR (HCD) (2011) 381. ......………………………………………………Respondents Judgment March 20, 2011. Case Referred to- Anti-Corruption Commission Vs. Dr. Mohiuddin Khan Alamgir, 62 DLR (AD) 290. Lawyers Involved: Barrister Nazmul Huda, in person, Senior Advocate with Md. Ashanur Rahman, Advo..Category: Criminal Law | Date: | Hits: 101
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....ntention raised by Mr. AR Yusuf, the learned Advocate for the petitioner, is that the petitioner is a citizen of Bangladesh by operation of law. The learned Advocate has contended that in view of the Proclamation of Independence issued on the 10th April, 1971 from Mujibnagar, the Laws Continuance an...... University Students Union wherein he played a very vital role in the Bengali Language Movement and as the General Secretary of the Dhaka University Students Union; the petitioner read a memorandum before the then Prime Minister of Pakistan on the 27th of November, 1948 at the Gymnasium ground of th...... 20.5.76 to the Secretary, Ministry of Home Affairs, Bangladesh praying for restoration of his citizenship but having received no reply the petitioner sent another application on 12.1.77 to the Chief Martial Law Administrator renewing his prayer for restoration of citizenship but the petitioner rece......gina Vs. Medical Appeal Tribunal, Ex parte Gilmore, 1957 1 QB 574; Ram Chandra Sankar Deodhar Vs. The State of Maharashtra, 1974 SCC at page 317; Tilak Chand's case, 1969 SCR (India) at page 824. Lawyers Involved: AR Yusuf with Korban Ali, SK Ansar Ali, Abdur Razzaque and Nawab Ali, Advocates..Category: Immigration and Citizenship Law | Date: | Hits: 343
Safar Ali Miah & others Vs. Badsha @ Siddique & others, 1993, 22 CLC (HCD)
....ned is directed to proceed with the execution case. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 483. ......ammad Ismailuddin Sarker J.- This revision case has come to this Bench upon a reference by a learned Single Judge to decide whether, in the event of violation, a decree of prohibitory injunction is enforceable in an execution case for reliefs provided in Order XXI rule 32(1) of the Code of Civil Pro......ned is directed to proceed with the execution case. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 483. ...... Allahabad 416; State of Bihar Vs. Rani Sonaboti Kumari, 1964 AIR (SC) 221; Sashi Mohan Sen Vs. Ain Ullah, 1992 BLD (AD) 8; Selimuzzaman Vs. Deputy Commissioner, Shariatpur and others, 44 DLR 545. Lawyers Involved: MI Farooqui with Saleemullah, Advocates ‑ For the Petitioners. Farid Ahmed..Category: Civil Law | Date: | Hits: 100
Hansa International and another Vs. Eastern Pharma Ltd., 1993, 22 CLC (HCD)
....th the direction that the Official Liquidator is to seek fund from the Government for the purpose of dissolution of Eastern Pharma Ltd. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 482....... 18, 1993. Lawyers Involved: Ahmed Nurur Reza, Advocate ‑ For the Petitioner. Company Matter No. 30 of 1990. Judgment AM Malumidur Rahman J.- The Official Liquidator took out summons for the direction and filed affidavit seeking permission to pay Tk. 67.00 as a cost of dissolution o......th the direction that the Official Liquidator is to seek fund from the Government for the purpose of dissolution of Eastern Pharma Ltd. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 482.......: AM Malumidur Rahman J Hansa International and another………………..Petitioners Vs. Eastern Pharma Ltd. ............................Opposite Party Judgment June 18, 1993. Lawyers Involved: Ahmed Nurur Reza, Advocate ‑ For the Petitioner. Company Matter No. 30 of ..Category: Company Law | Date: | Hits: 205
Bangladesh Vs. Bangladesh Italian Marble Works Ltd. and others, 2011, 40 CLC (AD)
....d closed and are not otherwise illegal; 4. all international treatise made during that period; and 5. all day-to-day business of the executive are hereby provisionally condoned; 2. 1. the Proclamation dated 8th November, 1975 omitting part VI A of the Constitution; 2. the Proclamation...... Civil Review Petition Nos. 17-18 of 2011. (From the Judgment and order dated 1ST February, 2010 passed by the Appellate Division in Civil Petition No. 1044 (heard analogously with Civil Petition for leave to appeal No. 1045 of 2009) Order Md. Muzammel Hussain J. - For the reasons to be as...... J. - For the reasons to be assigned later on, the review petition is disposed of with the modification of the operating portion of the judgment of this Division as under. 2. All proclamations, Martial Law Regulations, Martial Law Orders made/promulgated during the period between 20th August, ......ion No.17 of 2011) Munshi Ahasan Kabir and others............................................................The Respondent (In Civil Review Petition No.18 of 2011) Order March 29, 2011. Lawyers Involved: Mahbubey Alam, Attorney General, M. K. Rahman, Addl. Attorney General, Murad Re..Category: Constitutional Law | Date: | Hits: 222
Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)
....re led to hold that the instant petition under section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ......eral—For the Opposite Party. Criminal Miscellaneous Case No. 34345 of 2010. Judgment Moyeenul Islam Chowdhury J. - This is a petitioner under section 561A of the Code of Criminal Procedure for quashing the proceedings of ICT-BD Miscellaneous Case No.1 of 2010 pending before the Internat......re led to hold that the instant petition under section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ...... Khatun Vs. Administrative Appellate Tribunal, Dhaka, 3 BLC (AD) 155; Abdul Quader Chowdhury vs State, 28 DLR (AD) 38; Sher Ali Vs. State, 46 DLR (AD) 67; Syed Md Hashem Vs. State, 48 DLR (AD) 87. Lawyers Involved: Abdur Razzaq with Fariduddin Khan, Advocates—For the Petitioner. Mahbubey ..Category: Criminal Law | Date: | Hits: 103
Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)
....with regard to the appointment of the Chief Justice is clear and does not call for any interpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ......rned Advocates of the Supreme Court of Bangladesh and filed the instant application as a Public Interest Litigation (PIL) with the view to uphold the "Supremacy of the Constitution "and "Rule of Law" for ensuring independence of the judiciary from other organs of the State. They are concerned abou......with regard to the appointment of the Chief Justice is clear and does not call for any interpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ...... Secretary, Ministry of Justice and Parliamentary Affairs Vs. Md. Idrisur Rahman, Advocate, 29 BID (AD) 79; SN Goswami, Advocate Vs. Government of the People's Republic of Bangladesh, 55 DLR 332. Lawyers Involved: Hassan MS Azim with Mohammad Abdus Salam, Riaz Uddin and Shakila Farzana, Advoc..Category: Constitutional Law | Date: | Hits: 228
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