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State Vs. Shaiokh Abdur Rahman and others, 2006, 35 CLC (HCD)
.... (prior to the date of his deposition on 2-5-2006) he again went to that house and came to know from Mehedi that all of them were members of an Islamic party and they were trying to establish Islamic Rule in the country. Thus PW 12 became interested in participating in the activities of that party. ......sions Judge, Jhalakati in Sessions Case No. 28 of 2006 is affirmed. The Jail Appeal No. 457 of 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ..Category: Criminal Law | Date: | Hits: 224
Hiru Mia Vs. State, 2005, 34 CLC (HCD)
....lved: Wahiduzzamun Sohel, National Legal Aid Panel Advocate—For the Jail Appellant. Fara Mahmuda, Assistant Attorney-General—For the Respondent. Jail Appeal No. 245 of 2004 with Suo-Moto Rule No. 57(R) 2005. Judgment Sheikh Rezowan Ali J. - This jail appeal is directed against the......ase of punishment or sentence awarded in relation to an offence tried under the Special Powers Act in absence of specific provision to that effect in law. So, according to her, the Rule shall be made absolute. 9. We have given our anxious consideration to the submissions made by the learned Natio..Category: Criminal Law | Date: | Hits: 63
Ershad Ali (Md.) and another Vs. Rampada Das & others, 2004, 33 CLC (HCD)
....R (AD) 54. Lawyers Involved: Mohammad Ali Khan, Advocate—For the Appellants. Arun Kumar Battachira, Advocate—For the Respondents. First Miscellaneous Appeal No. 57 of 2002 with (Civil Rule No. 156 (FM) of 2002). Judgment Md. Abdur Rashid J. - Purchaser (pre-emptee) presented th......scharged with cost. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 593...Category: Property Law | Date: | Hits: 69
Nurul Haque Sarker Vs. Janata Bank and others, 2006, 35 CLC (HCD)
....udge, First Court, Narayanganj. 6. Against the aforesaid impugned judgment and order dated 27-11-2005, the petitioner filed this revisional application before this Court and obtained the present Rule. 7. Mr. Md. Nazrul Islam, the learned Advocate on behalf of Mr. Shah Md. Monir Sharif, submi......trict Judge has been transferred. 20. In view of the facts and circumstances of the case and law bearing on the matter we find merit in the Rule which must succeed. In the result, the Rule is made absolute without any order as to costs. The impugned judgment and order dated 27-11-2005 passed by t..Category: Civil Law | Date: | Hits: 92
Abdul Aziz (Md.) Vs. Sonia Pervin Liza (Minor), 2006, 35 CLC (HCD)
....awyers Involved: Not represented—the Petitioner. Arun Kumar Bhattacharaya, Advocate—For the Opposite Party. Civil Revision No. 5175 of 2000. Judgment Siddiqur Rahman Miah J. - This Rule at the instance of the defendant-appellant under section 115(1) of the Code of Civil Procedure ......on in cases where the parties are Muslims shall be the Muslim Personal Law (Shariat)." 32. We have also been rightly reminded of Article 8(1) of the Constitution which says that "the principles of absolute trust and faith in the Almighty Allah shall constitute fundamental principles of state poli..Category: Family Law | Date: | Hits: 214
Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)
....4-7-2000, reversed the judgment and decree dated 19-7-1999. It is against the aforesaid judgment and decree dated 24-7-2000, the defendants as petitioners moved before this Court and obtained the Rule. 17. Mr. Abdul Quyaum along with Mr. Shamsuddin Howlader on behalf of the petitioners, submi...... in law resulting in an error in the decision occasioning failure of justice. 38. In such a view of the matter, we find merit in the Rule which must succeed. 39. In the result, the Rule is made absolute without any order as to costs. The judgment and decree dated 24-7-2000 passed by the learne..Category: Property Law | Date: | Hits: 70
Kazi Md. Shafiqur Rahman Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....uddin with MA Gaffar Advocates—For Respondent No. 6. Sathika Hossain, Assistant Attorney-General—For Respondent No. 1. Writ Petition No. 1818 of 2001. Judgment Md. Awlad Ali J. - This Rule under Article 102 of the Constitution was issued calling upon the respondents to show cause as ......petitioner disobeyed the order of stay of the Hon'ble High Court Division or that the petitioner did not give reply to the show cause notice and the action of revocation has been taken as per law are absolutely false and concocted and the order of revocation without any show cause notice is without ..Category: Employment/Service Law | Date: | Hits: 81
Eskayef Bangladesh Ltd. Vs. Commissioner of Taxes, 2004, 33 CLC (HCD)
....ons of section 30(e) of ITO, 1984? (v) Whether the Tribunal can disallow carrying cost, printing material cost, packing cost and VAT relating to the Sample in addition to the value of Sample under Rule 65 of ITO, 1984?" Mr. Altaf Hossain, the learned Advocate appearing for the applicants in b......ly, the questions in both the reference applications are answered in the affirmative and in favour of the Department. No order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 531. ..Category: Fiscal/Taxation Law | Date: | Hits: 88
Badrud Doza (alias Momin) (Md.) Vs. State, 2006, 35 CLC (HCD)
....e Petitioner. ABM Waliur Rahman Khan, Deputy Attorney-General—For the State-Opposite Party. Criminal Miscellaneous Case No. 10887 of 2006. Judgment Md. Mizanur Rahman Bhuiyan J. - This Rule was issued by a Division Bench of this Court on an application filed by the petitioner made und...... two months. The opposite party must explain it. On considering the above facts and circumstance of the case, we are inclined to enlarge the petitioner on bail. 10. In the result, the Rule is made absolute. Let the petitioner Md. Badrud Doza (alias Momin), son of Late Mvi. Abdul Khaleque, Ali..Category: Criminal Law | Date: | Hits: 64
Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)
....t wants to and then, write out the judgment in the light of our observations made hereinbefore. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 392. ......m to 'irretrievable injustice'. 86. On our request, Mr. Mahmudul Islam was very kind enough to address us as an Amicus Curiae on the issues. 87. He submitted that letter of credit is an absolute undertaking to pay when the stipulated documents were presented. The letter of credit is se..Category: Business or Commercial Law | Date: | Hits: 289
AM Ziaul Hoque Vs. Government of the People's Republic of Bangladesh and others, 2004, 33 CLC (HCD)
.... Shah Abu Nayeem Mominur Rahman J.- While considering the application for vacating the order of stay, it appeared to us that instead of disposing of the application for vacating the order of stay the Rule need be disposed of inasmuch as if the order of stay is vacated the Rule would become infructuo...... this Court stands vacated. The application for vacating the order of stay is thus disposed of without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 389. ..Category: Employment/Service Law | Date: | Hits: 66
Md. Turan Miah and others Vs. Anguri Bibi and others, 2010, 39 CLC (HCD)
....d Fazlul Karim CJ. – This Appeal, by leave, is directed against the judgment and order dated the 24th day of May, 2006 passed by the High Court Division in Civil Revision No.2915 of 1997 making the Rule absolute reversing the judgment and decree dated 07.05.1997 passed by the Additional District J......lul Karim CJ. – This Appeal, by leave, is directed against the judgment and order dated the 24th day of May, 2006 passed by the High Court Division in Civil Revision No.2915 of 1997 making the Rule absolute reversing the judgment and decree dated 07.05.1997 passed by the Additional District Judge,..Category: Property Law | Date: | Hits: 74
Md. Nasrullah Chowdhury Vs. Mohammad Nurul Islam and others, 2010, 39 CLC (AD)
....ent Md. Abdul Matin J. - This petition for leave to appeal is directed against the judgment and order dated 26.08.2009 passed by the High Court Division in Civil Revision No.189 of 2006 making the Rule absolute. 2. The facts, in short, are that the responÂdents as plaintiffs instituted Other ...... Md. Abdul Matin J. - This petition for leave to appeal is directed against the judgment and order dated 26.08.2009 passed by the High Court Division in Civil Revision No.189 of 2006 making the Rule absolute. 2. The facts, in short, are that the responÂdents as plaintiffs instituted Other Class..Category: Property Law | Date: | Hits: 65
Category: Business or Commercial Law | Date: | Hits: 251
Dr. Md. Abu Obaidah Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
....tted a return for the assessment year 1994-1995. The assessee claimed exemption of Taka 72,000 on account of house rent allowances drawn from Sonear Laboratories Limited according to the provision of Rule 33(1) of the Income Tax Rules, 1984. The Deputy Commissioner of Taxes disallowed such exemption...... the learned Advocate for the applicant. Thus, question Nos. (iii) and (iv) are also decided in the affirmative in favour of the Department. Ed. This Case is also Reported in : 58 DLR (2006) 515...Category: Fiscal/Taxation Law | Date: | Hits: 91
Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....Md. Sabed AH. Assistant Attorney-General. Sheikli Tainuir Reza Hasan, Assistant Attorney-General—For the Respondents. Writ Petition No. 437 of 2001. Judgment Md. Muzammel Hossain J. - This Rule was issued at the instance of the petitioner calling upon the respondents to show cause as to w......t just cause or excuse which is nothing but malice in law and, as such, the petitioner is entitled to invoke the writ jurisdiction about the forfeiture of the vessel and the Rule is liable to be made absolute. 6. Mr. Zaman Akhter, the learned Deputy Attorney-General appearing for the respondents,..Category: Admiralty Law or Maritime Law | Date: | Hits: 221
Shawkat Ali (Md.) and others Vs. Divisional Forest Officer and others, 2006, 35 CLC (HCD)
....ndents. Writ Petition No. 1605 of 2000 with Writ Petition Nos. 1606, 1682, 1690, 1763, 1683, 1950, 1949, 1347, 1348, 1346, 1319, 1529, 1168, 1181-1183 of 2000. Judgment MM Hossain J. - These Rules have been issued in Writ Petition Nos. 1605, 1606, 1682, 1683,1690, 1763, 1950, 1949, 1950, 19......ed to have been passed without lawful authority and the rule 8( 1) of the Rules, 1998 should be declared to be ultra vires of the Constitution and to be of no legal effect and the Rule should be made absolute. He further submits that Saw-Mills (Licence) Rules, 1998 being a general law it cannot over..Category: Environmental Law | Date: | Hits: 551
Ashique Jeans Apparels Ltd and another Vs. National Board of Revenue and another, 2005, 34 CLC (HCD)
....lam, Assistant Attorney-General—For Respondent No. 2 (In Writ Petition No. 4084 of 2002). Writ Petition Nos. 4083 of 2002 and 4084 of 2002. Judgment Mirza Hussain Haider J. - In both these Rules, the parties and the fact in issue being the same and similar, both are taken up for hearing t......ulfilled all other conditions of the provision of law. 20. For the reasons and discussions made hereinabove, we find merit in these two Rules and the Rules in both the writ petitions are thus made absolute. Hence the impugned orders in both the writ petitions, dated 21-12-2000, 4-4-2001 and 31-5-..Category: Fiscal/Taxation Law | Date: | Hits: 93
Abdur Rahim Chowkider @ Abdur Rahman Sheikh Vs. Raji Haider and others, 2006, 35 CLC (HCD)
....han, Advocate—For the Petitioner. Sadananda Rana, Advocate—For Opposite Party Nos. 1 to 10. Civil Revision No. 112 of 1991. Judgment Md. Abdur Rashid J. - Defendant No. 1 obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against ......f the evidence on record and law. 60. Impugned judgment and decree affirming those of the trial Court therefore, cannot stand in law and cannot be sustained. 61. In the result, the Rule is made absolute with costs. Impugned judgment and decree affirming those of trial Court decreeing the suit ..Category: Property Law | Date: | Hits: 79
Abu Musa Kutub (Md.) Vs. Secretary, Election Commission and others, 2005, 34 CLC (HCD)
....€”For the Respondents. Writ Petition No. 3013 of 2004 Judgment Quamrul Islam Siddiqui J. - In this application under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi was issued calling upon the respondents to show cause as to why the declaration of the can...... is discharged. The interim order passed at the time of issuance of the Rule, is herby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 450. ..Category: Election Law | Date: | Hits: 87