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Azimul Kabir (Md) Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)

....s further held that “the court is to hold the balance between the state’s need to prevent prejudicial activities and citizen’s right to enjoy his personal liberty.” 16. The decision of the Appellate Division reported in 45 DLR (AD) 89 is one of the celebrated decisions of the highest cour......officials to take proper and adequate care and caution to ascertain that there are materials justifying the passing of an order of detention. Ed. This Case is also Reported in: 54 DLR (2002) 189.......officials to take proper and adequate care and caution to ascertain that there are materials justifying the passing of an order of detention. Ed. This Case is also Reported in: 54 DLR (2002) 189...

Category: Criminal Law | Date: | Hits: 45

SM Nasirul Haque Vs. Omar Faruque Chowdhury and others, 2001, 30 CLC (HCD)

....le dated 10- 09-73. Against this sale, respondent No.1 filed the application for preemption, which was allowed by the trial Court. Against the order, appellant’s appeal and revision failed. But the Appellate Division set aside the order and dismissed the application for preemption. But, we find, o......are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ......are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ..

Category: Property Law | Date: | Hits: 39

State Vs. Kabel Molla and others, 2002, 31 CLC (HCD)

....al. Sessions Judge, First Court, Tangail for taking necessary action according to law. Ed. This Case is also Reported in: 55 DLR (2003) 108. ......f this judgment be forwarded to the learned Additional. Sessions Judge, First Court, Tangail for taking necessary action according to law. Ed. This Case is also Reported in: 55 DLR (2003) 108. ......f this judgment be forwarded to the learned Additional. Sessions Judge, First Court, Tangail for taking necessary action according to law. Ed. This Case is also Reported in: 55 DLR (2003) 108. ..

Category: Criminal Law | Date: | Hits: 36

Kowsar Chowdhury Vs. Latifa Sultana, 2001, 30 CLC (HCD)

....ises but two cases, one in criminal court and another in Family Court, for the same relief cannot proceed side by side. Against this judgment of the trial Court the plaintiff preferred appeal and the Appellate Court decreed the suit of the plaintiff setting aside the judgment of the trial Court on t...... the time of issuance of the Rule is hereby vacated. Send a copy of this judgment along with the LC record to the court concerned at once. Ed. This Case is also Reported in: 54 DLR (2002) 175....... the time of issuance of the Rule is hereby vacated. Send a copy of this judgment along with the LC record to the court concerned at once. Ed. This Case is also Reported in: 54 DLR (2002) 175...

Category: Family Law | Date: | Hits: 186

Micro Industries Development Assistance Society (MIDAS) Vs. Commissioner of Taxes, 2001, 30 CLC (HCD)

....lled the Society) being Reference Application No. 8/97 and Reference Application No. 9/97 arise out of the order dated 16-3-95 in ITA No. 791 of 1992-93 and ITA No. 792 of 1992-93 passed by the Taxes Appellate Tribunal, Dhaka Bench-3. Similar questions have been formulated in both the reference appl......mulated in both the reference applications are answered in the negative and in favour of the assessee. There will be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 168.......ociety) being Reference Application No. 8/97 and Reference Application No. 9/97 arise out of the order dated 16-3-95 in ITA No. 791 of 1992-93 and ITA No. 792 of 1992-93 passed by the Taxes Appellate Tribunal, Dhaka Bench-3. Similar questions have been formulated in both the reference applications a..

Category: Fiscal/Taxation Law | Date: | Hits: 65

Barrister Ziaur Rahman Khan Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)

....l call such meetings to meet the contingencies and the meetings thus called will take decisions as per clause (4) of Annexure ‘C’. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 164. ......l call such meetings to meet the contingencies and the meetings thus called will take decisions as per clause (4) of Annexure ‘C’. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 164. ......l call such meetings to meet the contingencies and the meetings thus called will take decisions as per clause (4) of Annexure ‘C’. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 164. ..

Category: Administrative Law | Date: | Hits: 462

Nazim Habibuzzaman Vs. World Bank & others, 2001, 30 CLC (HCD)

....the appeal is dismissed but without any order at to cost. Send down the records forthwith. Ed. This Case is also Reported in: 54 DLR (2002) 159.......ble to be rejected in limine. In the result, the appeal is dismissed but without any order at to cost. Send down the records forthwith. Ed. This Case is also Reported in: 54 DLR (2002) 159.......ble to be rejected in limine. In the result, the appeal is dismissed but without any order at to cost. Send down the records forthwith. Ed. This Case is also Reported in: 54 DLR (2002) 159...

Category: Others | Date: | Hits: 79

Nikhil Chandra Halder Vs. State, 2001, 30 CLC (HCD)

....er treatment at Pirojpur, Pabna and Barisal. The defence witnesses were cross- examined on behalf of the prosecution but nothing new came out. ......sed used to behave in a deranged manner and was under treatment at Pirojpur, Pabna and Barisal. The defence witnesses were cross- examined on behalf of the prosecution but nothing new came out. ......sed used to behave in a deranged manner and was under treatment at Pirojpur, Pabna and Barisal. The defence witnesses were cross- examined on behalf of the prosecution but nothing new came out. ..

Category: Health Law | Date: | Hits: 266

Abdur Rahman Vs. State, represented by Deputy Commissioner, 2006, 35 CLC (HCD)

....complaint in writing of such Court, or of some other court to which such Court is subordinate. " 10. In the case of Md. Tokumuddin Par vs. State reported in 4 BLT(AD) 84 their Lordships in the Appellate Division on the self-same question held as under- "section 195( 1 )(c) of the Code ......nding before the Metropolitan Magistrate, Chittagong, is hereby quashed. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 683. ......nding before the Metropolitan Magistrate, Chittagong, is hereby quashed. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 683. ..

Category: Criminal Law | Date: | Hits: 43

State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)

....s and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ......absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ......3 of 2004 and Jail Appeal No.145 of 2004. Judgment AKM Fazlur Rahman J.- This is a reference under section 374 of the Code of Criminal Proce­dure submitted by the learned Judge of Druta Bichar Tribunal No.3, Dhaka for confirmation of sentence of death awarded by him to absconding accused Al H..

Category: Criminal Law | Date: | Hits: 40

Ali Ashraf Mia Vs. Chairman, First Court of Settle­ment and others, 2006, 35 CLC (HCD)

....decree, the case was dismissed on contest by the judgment and order dated 31-3-1986. Appeal was filed to the learned District Judge, Dhaka and thereafter to the High Court Division and lastly, to the Appellate Division but ultimately the aforesaid ex parte decree was not set aside. In the meantime, ......interference by this Court. Accordingly, both the aforesaid Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 640. ......interference by this Court. Accordingly, both the aforesaid Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 640. ..

Category: Property Law | Date: | Hits: 39

Executive Engineer, Roads and Highways Vs. Naderuzzaman and others, 2007, 36 CLC (HCD)

....lready concluded by a decision even if that be erroneous……………..[Fazle Karim vs Government of Bangladesh, 48 DLR (AD) 178] Cases Referred to- Zenith Packages Limited vs. Member, Labour Appellate Tribunal 52 DLR (AD) 160; Serajuddin Ahmed vs. AKM Saiful Alam 56 DLR (AD) 41; Chaitanya B......t the time of the issuance of the Rule and extended subsequently is vacated. Send down the lower court records. Ed. This Case is also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ......cluded by a decision even if that be erroneous……………..[Fazle Karim vs Government of Bangladesh, 48 DLR (AD) 178] Cases Referred to- Zenith Packages Limited vs. Member, Labour Appellate Tribunal 52 DLR (AD) 160; Serajuddin Ahmed vs. AKM Saiful Alam 56 DLR (AD) 41; Chaitanya Biswas vs. ..

Category: Procedural Law | Date: | Hits: 75

Bellal Hossain (Md) & others Vs. Md. Yasin Ali Mondal and ors., 2007, 36 CLC (HCD)

....ed earlier by this Court stands vacated. Send down the lower Court's record at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 634. ......ed earlier by this Court stands vacated. Send down the lower Court's record at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 634. ......ed earlier by this Court stands vacated. Send down the lower Court's record at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 634. ..

Category: Property Law | Date: | Hits: 23

Commissioner of Taxes Vs. Prime Bank Ltd., 2007, 36 CLC (HCD)

....Application No. 150 of 2002. Judgment Md. Abdur Rashid J.- The above reference was presented by the Deputy Commissioner of Taxes against the impugned order dated 19-12-2001 of the Taxes Appellate Tribunal, which set aside the order 10-9-2000 passed by the Inspecting Additional Commissi......peal to Appellate Division under section 162 of the Ordinance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ......n No. 150 of 2002. Judgment Md. Abdur Rashid J.- The above reference was presented by the Deputy Commissioner of Taxes against the impugned order dated 19-12-2001 of the Taxes Appellate Tribunal, which set aside the order 10-9-2000 passed by the Inspecting Additional Commissioner of Ta..

Category: Fiscal/Taxation Law | Date: | Hits: 82

Abdur Rashid Miah and another Vs. Md. Zami Shah Newaz and others, 2007, 36 CLC (HCD)

.... to a decision or send them for an expert opinion. 29. The High Courts of the subcontinent were holding divergent views on the power of compa­rison by the Court. At the earliest, we find the Appellate Division had the opportunity to express its opinion about the power of the Court to compar......h above modification that the contentious signatures or writings are to be examined with admitted signatures. Ed. This Case is also Reported in: 59 DLR (2007) 625; 13 MLR (HCD) (2008) 317. ......h above modification that the contentious signatures or writings are to be examined with admitted signatures. Ed. This Case is also Reported in: 59 DLR (2007) 625; 13 MLR (HCD) (2008) 317. ..

Category: Property Law | Date: | Hits: 32

Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....rtificate under section 33(5) of the Ain in Writ Petition No. 6732 of 2004 are made absolute. However, there will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 615.......rtificate under section 33(5) of the Ain in Writ Petition No. 6732 of 2004 are made absolute. However, there will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 615.......rtificate under section 33(5) of the Ain in Writ Petition No. 6732 of 2004 are made absolute. However, there will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 615...

Category: Constitutional Law | Date: | Hits: 168

Abdul Mannan Matubbar Vs. Bangladesh Water Development Board and others, 2007, 36 CLC (HCD)

.... considering his explanation." Accordingly, the Rule is discharged, however, without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 610; 13 MLR (HCD) (2008) 51. ...... considering his explanation." Accordingly, the Rule is discharged, however, without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 610; 13 MLR (HCD) (2008) 51. ......not be said that the petitioner was not given sufficient opportunities to defend himself and to meet the charges brought against him. Mr Hakim lastly, sub­mits that in appropriate cases the domestic Tribunal may arrive at a decision simply by questioning the accused and considering his explanation ..

Category: Employment/Service Law | Date: | Hits: 76

Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....ailed the loan facilities under the sanctioned limit and enjoyed its benefit is now estopped from alleging contravention of law for claiming interest. In this regard, citing the decision given by the Appellate Division in Civil Petition for Leave to Appeal No. 22 of 1998. Mr Ahmed contends that even......sult, Rules in Writ Petition Nos. 6579 of 2004 and 6057 of 2005 are discharged with­out any order as to costs.Stay granted earlier stands vacated.Ed.This Case is also Reported in: 59 DLR (2007) 601. ......sult, Rules in Writ Petition Nos. 6579 of 2004 and 6057 of 2005 are discharged with­out any order as to costs.Stay granted earlier stands vacated.Ed.This Case is also Reported in: 59 DLR (2007) 601. ..

Category: Others | Date: | Hits: 104

Manzu Sweeper Vs. State, 2005, 34 CLC (HCD)

....ecessary action.  Ed.  This Case is also Reported in: 59 DLR (2007) 593; 13 MLR (HCD) (2008) 417.       ...... a copy of the judgment for information and taking necessary action.  Ed.  This Case is also Reported in: 59 DLR (2007) 593; 13 MLR (HCD) (2008) 417.       ......peal No. 2491 of 1993. Judgment SM Ziaul Karim J.- By this appeal convict appellant Manzu Sweeper has challenged the propriety of the judgment and order dated 15-11­1993 passed by the Special Tribunal No.8, Comilla in Special Tribunal Case No. 85 of 1991 convicting the appellant under sectio..

Category: Criminal Law | Date: | Hits: 40

Mofidul Haque (Md) Vs. Bangladesh, 2006, 35 CLC (HCD)

....e appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 588. ......, there is no merit in this appeal. The appeal must fail. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 588. ......d, as such, the applicant is not an aggrieved person and the application is liable to be rejected. 4. Both the parties adduced evidence under affidavit in support of their respective case. The Tribunal, Deputy Registrar of Trade Marks after hearing the parties and on scrutiny of the evidence ..

Category: Intellectual Property Law | Date: | Hits: 198