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Md. Enayetur Rahman and others Vs. The Government of People’s Republic of Bangladesh and others, 2011, 40 CLC (HCD)

....ople’s Republic of Bangladesh and others…………Respondents Judgment June 1, 2011. Cases Referred to-  Md. Arfan Uddin Akand with Mr. Kamal Uddin Akand Vs. Joint District Judge and Artha Rin Adalat No.1, Gazipur and another, 15 BLT(HCD) 2007, 343; Tafijul Huq Sarker ......ed earlier by this court stands vacated. Communicate the judgment to respondent No.2 at once. Md. Emdadul Huq J. - I agree. This Case is also Reported in: 64 DLR (HCD) (2012) 116. ......er by this court stands vacated. Communicate the judgment to respondent No.2 at once. Md. Emdadul Huq J. - I agree. This Case is also Reported in: 64 DLR (HCD) (2012) 116. ......sent: Md. Emdadul Huq J Md. Abu Zafor Siddique J Mr. Md. Enayetur Rahman and others………………………………………petitioners Vs. The Government of People’s Republic of Bangladesh and others…………Respondents Judgment June 1, 2011. Cases Referred to-&nbs..

Category: Civil Law | Date: | Hits: 147

State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)

....ail Appeal No.769 of 2005. with Jail Appeal No.770 of 2005. Judgment M. Enayetur Rahim J.- This reference under section 374 of the Code of Criminal Procedure has been made by the learned Judge, Druta Bichar Tribunal, Rajshahi for confirmation of sentence of death imposed upon accused As......alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310.  ......pon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310.  ...... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310.  ..

Category: Criminal Law | Date: | Hits: 82

Subodh Ranjan and others Vs. State, 1993, 22 CLC (HCD)

.... Rashid Ahmed, Advocate ‑ For the State. Criminal Appeal No. 1624 of 1992. Judgment Mahfuzur Rahman J.- This appeal is directed against the judgment and order passed by Additional Sessions Judge, 2nd Court and Anti­ Smuggling Court, Comilla on 11.10.92 in Special Tribunal Case No.109 of ......d they are acquitted of the charges. The accused appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521.......re acquitted of the charges. The accused appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521.......d 12 other BDR personnels went to Monoharpur, Comilla Town and raided the house named 'Lutfa House'. Thereafter the informant along with Battalion Commander, Magistrate and others on search recovered Bangladeshi Taka amounting to 13,95,798.00. Indian money amounting to Rupees 1,124.00 from a steel a..

Category: Criminal Law | Date: | Hits: 75

SM Naimul Hoque Vs. Additional Deputy Commi­ssioner (City) Dacca and others, 1981, 10 CLC (HCD)

....que, the present petitioner herein forthwith. With the aforesaid direction this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 520.......ue, the present petitioner herein forthwith. With the aforesaid direction this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 520.......present petitioner herein forthwith. With the aforesaid direction this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 520.......que, the present petitioner herein forthwith. With the aforesaid direction this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 520...

Category: Property Law | Date: | Hits: 65

Ansar Ali Vs. Yeasin Mea and others, 1993, 22 CLC (HCD)

....1346 of 1992. Judgment Mahfuzur Rahman J.- This rule under section 115(1) of the Code of Civil Procedure at the instance of the plaintiff arises out of the judgment and order passed by District Judge, Nowabganj on 2.3.92 in Miscellaneous Appeal No.19 of 1991 dismissing the appeal with costs af......cated. The learned trial Court is hereby directed to conclude the trial expeditiously preferably within 3 (three) months from date. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 517....... The learned trial Court is hereby directed to conclude the trial expeditiously preferably within 3 (three) months from date. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 517.......acated. The learned trial Court is hereby directed to conclude the trial expeditiously preferably within 3 (three) months from date. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 517...

Category: Procedural Law | Date: | Hits: 68

Hemendra Lal Homoeopathic Databya Chikitshalay and another Vs. The Administrator General and Official Trustee, 1991, 20 CLC (HCD)

....inal Order No.2 of 1988. Judgment Mainur Reza Chowdhury J.- This appeal is directed against an order of grant of letter of Administration in favour of the Administrator General by the District Judge, Manikganj on 10.6.87 in Trust Act Case No.1 of 1986. 2. The case of petitioner in short is......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. ......j 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. ...... deed the petitioner No.2 Ramendra as a reversionary heir of the settler Sakhi Lal Roy Chowdhury became the succeeding trustee in terms of the provision made in the deed as the only heir available in Bangladesh since the death of the third trustee, namely Profulla Nalini Roy Chowdhurani he has been ..

Category: Trust/Waqf Law | Date: | Hits: 183

Bangladesh Service Limited Vs. The Commissioner of Taxes, Dhaka (North) Zone, Dhaka, 1992, 21 CLC (HCD)

....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. ......nswer 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. ......e 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. ...... This Case is also Reported in: 45 DLR (HCD) (1993) 510. ..

Category: Fiscal/Taxation Law | Date: | Hits: 139

State Vs. Sree Ram Krisna Nath (Ram Babu) and another, 2011, 40 CLC (AD)

....re it was registered as Special Tribunal Case No.108 of 2008. On 15.05.2005 an application was filed before the Tribunal for return of the seized goods and money along with the registers. The learned Judge of the Metropolitan Special Tribunal No.1 after hearing both the parties accepted the final re......mpliance 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: ...... 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: ......g eight persons, including the principal respondent as accused. Accused Nos. 2-7 were the employees of the principal accused. Accused No. 2-7 were arrested and the recovered alamots were deposited in Bangladesh Bank, Chittagong. The principal accused Sree Krisna Nath surrendered before the High Cour..

Category: Criminal Law | Date: | Hits: 83

Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)

.... Judgment Hasan Foez Siddique J.-  This rule was issued calling upon the opposite parties to show 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 releva......ected 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.  ...... 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.  ......udgment July 27, 2011. Cases Referred to- Nizamuddowla Vs. Nurul Islam and ors. 22 DLR 277; Ramizuddin Miah Vs. Jarimunnessa and others, 15 BLD (AD) 52; People’s Republic of Bangladesh vs. Abul Kaiser Chowdhury and others, 37 DLR (AD) 85; Mahabir Prasad Vs. Jage Ram and oth..

Category: Limitation Law | Date: | Hits: 219

Saijuddin Molla Vs. Abdur Rahman and others, 2011, 40 CLC (HCD)

....udgment Sheikh Abdul Awal J.- This Rule was issued calling upon the opposite party No.1 to show cause as to why the impugned judgment and order dated 3.02.2010 passed by the learned Joint District Judge, 2nd Court, Manikganj in Title Appeal No.06 of 2007 dismissing the appeal and affirming the ju...... 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:   ......tion 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:   ......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:   ..

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. ...... 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. ......e 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. ......J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Nazimuddin……………………………………………………….Petitioner Vs. Government of Bangladesh and others…………………..Respondents Judgment August 25, 2011. Cases Ref..

Category: Administrative Law | Date: | Hits: 196

Jiban Bima Corporation and another Vs. A.K.M. Harun-Or-Rashid and others, 2011, 40 CLC (AD)

.... appeal which is accordingly allowed, without however, any order as to costs. The impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ......appeal which is accordingly allowed, without however, any order as to costs. The impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ......hich is accordingly allowed, without however, any order as to costs. The impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ......was lawful. 5. A Division Bench of the High Court Division upon hearing both the parties and on consideration of the materials on record and taking into account the provisions of the Rule 9 of the Bangladesh Service Rules Part-I made the Rule absolute. 6. Being aggrieved by and dissatisfied wi..

Category: Employment/Service Law | Date: | Hits: 58

Kazi Abdul Awal Zewar Rashid Vs. Dhaka Municipal Corpora­tion and another, 1990, 19 CLC (HCD)

.... Anwarul Haque Chowdhury J.- This Rule arises out of an application under section 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 investigatio...... 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. ......ort 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. ......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. ..

Category: Property Law | Date: | Hits: 71

Khapan Bittahin Co-operative Society Ltd. Vs. Nagendra Mahisya Das, Secretary, Nijkurua Matsyajibi Samabaya Samity Ltd. and others, 1991, 20 CLC (HCD)

....py of the scheme is annexed as Annexure‑'D'. 3. While in possession of the fishery the review petitioner was served with a notice of summons of Title Suit No.12 of 1990 of the Court of Assistant Judge, Balaganj, Sylhet filed by Nijkurua Matsyajibi Samabaya Samity Ltd Respondent No.1 of this rev......etition 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.......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.......the right to appeal, is a substantive right and not a mere matter of procedure, and as such, neither of them is available unless it has been conferred by law. Under Article 105 of the Constitution of Bangladesh the Appellate Division of the Supreme Court has jurisdiction to review its judgment and o..

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.......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.......his 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.......h the notices issued by Assistant Commissioner of Taxes. The appeals before the Appellate Joint Commissioner of Taxes failed. The assessee preferred second appeal before the Taxes Appellate Tribunal, Bangladesh, Dhaka Division (Bench). The assessee took the ground before the Tribunal that he had no ..

Category: Fiscal/Taxation Law | Date: | Hits: 98

Yunus Mia (Md.) and others Vs. Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh and others, 1991, 20 CLC (HCD)

....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.......on 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....... 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.......udur Rahman J Mahmudul Amin Choudhury J Yunus Mia (Md.) and others..........................Petitioners Vs. The Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh and others.........................Respondents Judgment April 28, 1991. Lawyers ..

Category: Property Law | Date: | Hits: 79

Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)

.... 24th March, 1998 passed by a Division Bench of the High Court Division in First Appeal No.55 of 1980 affirming the judgment and decree dated 24th July, 1977 passed by the Second Court of Subordinate Judge (now Joint District Judge), Chittagong in Partition Suit No.03 of 1969 decreeing the suit. ......e 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. ......he 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. ......e in their judgments. 29. At the outset, it is to be examined whether the appellant can raise any question not covered by the leave granting order. 30. Order XX Rule 5 of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988 provides as under: “The appellant shall not, witho..

Category: Property Law | Date: | Hits: 116

Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)

..... Therefore, the only point which was before the High Court Division was as to whether the Registrar had any power to assume such jurisdiction on the said application of the appellant and the learned Judges on correct appreciation of the fact of the case and the provision of sub-sections (1) and (6)...... 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. ......t 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. ......, Senior Advocate with Ms. Tania Amir, Advocate instructed by Mrs. Mahmuda Begum, Advocate-on-Record-For Respondent No. 2. None represented-For Respondent Nos.1 & 3-4. Cases Referred to- Bangladesh Chemical Industries Corporation and another Vs. Registrar, Joint Stock Companies and anot..

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. ...... 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. ......ppeal 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. ...... 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. ..

Category: Employment/Service Law | Date: | Hits: 204

Barrister Nazmul Huda and another Vs. State and another, 2011, 40 CLC (HCD)

.... Md. Khurshid Alam Khan, Advocate- For the Respondent No.2. Criminal Appeal No. 4813 of 2007. (Against the judgment and order of con­viction and sentence dated 26.8.2007 passed by the Special Judge, Court No.2, Dhaka in Special Case No.2 of 2007.) Judgment Md. Ataur Rahman Khan J.- Thi...... 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. ....... 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. ......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. ..

Category: Criminal Law | Date: | Hits: 101