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National Board of Revenue & Ors. Vs. Al-Haj Mohammad Sufian , 2005, 34 CLC (AD)

.... by the Taxes Settlement Commission Bench No. 51, Dilkusha Commercial Area in application Nos.830-834 of 1998 (Annexure-F to the writ petition) partly modifying the order of assessment made by the Deputy Commissioner of Taxes Boitonik Circle-1.Taxes Zone-1, Chittagong (Annexure-C series to the w......spective case. 7. In view of the above, we do not find any substance in the submission of the learned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. ......t: Mohammad Fazlul Karim J. –The Secretary. Internal Resources Division, Ministry of Finance and Chairman, National Board of Revenue, Dhaka along with others seek leave to appeal against the j......spective case. 7. In view of the above, we do not find any substance in the submission of the learned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 72

Md. Yousuf & others Vs. Administrator of Waqf and others, 2005, 34 CLC (AD)

....t- petitioners is quite legal and that the same has been made quite in accordance with the provision of section 64(1) of the Ordinance, that Miscellaneous Case No.28 of 2002 started by the Additional Deputy Commissioner for eviction of the writ-petitioners is quit legal, that the writ petition is no......ckground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Md. Yousuf & others…....Appellants Vs. Administrator of Waqf and others…….......Respondents Judgment June 20, 2005. Result: The appeal is allowed......ckground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ..

Category: Trust/Waqf Law | Date: | Hits: 228

Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)

....the Revisional Settlement Operation the said land was found to be wrongly recorded in the name of the Government. 3. The suit was contested by the Government of Bangladesh represented by the Deputy Commissioner, Narayangonj, Additional Deputy Commissioner Revenue, Narayangonj and Assistant......t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ......missed. Ed. ...... Vs Md. Sirajuddin Khan and others…………....Respondents Judgment June 19, 2005 Lawyers Involved: Abdur Razzak khan, Additional Attorney General, instructed by Mr.A.H.M Shahidul Huq, Advocate-on-Record- For the Appellants ..

Category: Property Law | Date: | Hits: 40

K.M. Shamsul Alam Vs. Managing Committee, Police Line High School and others, 2005, 34 CLC (AD)

.... High Court Division on correct appreciation of facts and law discharged the Rule and there is no cogent reason to interfere with the above decision. The petition is dismissed. Ed ...... High Court Division on correct appreciation of facts and law discharged the Rule and there is no cogent reason to interfere with the above decision. The petition is dismissed. Ed ...... Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J K.M. Shamsul Alam.................................Petitioner Vs Managing Committee, Police Line High School and others...Respondents Judgment June 22, 2005. Case Referred To- Bang......d concealed his age. The High Court Division after hearing discharged the Rule. 4. The learned counsel appearing for the petitioner referring to the provisions of Articles 116 and 117 of the General Financial Rules submits that the date of birth should be fixed with reference to that age ..

Category: Employment/Service Law | Date: | Hits: 82

M A Wahab, Advocate Vs. State, 1989, 18 CLC (AD)

.... henceforth be very careful. 7. We do not like to pursue the matter further and hope that there will not be a second occasion for us to feel unhappy as we did feel in the present case. The learned Deputy Attorney-General who appeared for the State, submitted that the paragraphs in question are ......ts. The paragraphs quoted above will be treated as expunged from the judgment in question. The petition is thus disposed of. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 223. ......minal Appeal No. 13 of 1989 rejecting the prayer for bail of the appellants was considered with findings that further application for bail is not barred in case of rejection of the former application and the Vacation Bench also has jurisdiction to grant ad-interim bail in such cases. The order of ba......ery careful. 7. We do not like to pursue the matter further and hope that there will not be a second occasion for us to feel unhappy as we did feel in the present case. The learned Deputy Attorney-General who appeared for the State, submitted that the paragraphs in question are not essential fo..

Category: Criminal Law | Date: | Hits: 55

Kamruzzaman Vs. State, 1990, 19 CLC (AD)

....rs Act……………..(7) Lawyers Involved: Abdul Matin Khasru, Advocate (appeared with leave of the Court), instructed by M. Nowab Ali, Advocate-on-Record—For the Appellant. B. Hossain, Deputy Attorney-General, instructed by Sharifuddin Chaklader, Advocate-on-Record — For the Respond......nclusion of the appellant's trial long expired, further proceeding in respect of his trial stands stopped and he stands released. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 219. ......—For the Appellant. B. Hossain, Deputy Attorney-General, instructed by Sharifuddin Chaklader, Advocate-on-Record — For the Respondent. Criminal Appeal No. 12 of 1990. (From the judgment and order dated 29th January 1990 passed by the High Court Division, Comilla Session, Comilla in Cri......��…..(7) Lawyers Involved: Abdul Matin Khasru, Advocate (appeared with leave of the Court), instructed by M. Nowab Ali, Advocate-on-Record—For the Appellant. B. Hossain, Deputy Attorney-General, instructed by Sharifuddin Chaklader, Advocate-on-Record — For the Respondent. Criminal..

Category: Criminal Law | Date: | Hits: 58

Principal Secretary, President's Secretariat, Dhaka & ors. Vs. Mahtabuddin Ahmed, 1990, 19 CLC (AD)

.... the observation referred to above but that is no binding part of the High Court Division's judgment. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 214. ...... the observation referred to above but that is no binding part of the High Court Division's judgment. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 214. ...... Martial Law Order No. 9 of 1982, Para 1A The Proclamation of Withdrawal of Martial Law, 1986, Para 5 Application praying for review of an order made under MLO-9, the CMLA is bound to consider and dispose of such an application. In case of ‘proclamation’ of withdrawal of martial law, the ......clamation provision has been made enabling the President to make an order whenever necessary in respect of such cases…………………(7) Lawyers Involved: A.W. Bhuiyan, Additional Attorney-General, instructed by B. Hossain, Advocate-on-Record— For the Petitioners. Shamsul Huq Chowd..

Category: Criminal Law | Date: | Hits: 53

Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)

.... of doubt……………………(20 & 23) Lawyers Involved: Jamiruddin Sircar, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record — For the Appellant. B.Hossain, Deputy Attorney-General instructed by Md. Wahidullah, Advocate-on-Record— For the Respondent (Stat......he courts below have rightly convicted the appellant under section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ......y fact or circumstance from, which it can be even remotely inferred that there was any reason whatever for which the appellant was likely to make an attempt on the life of the deceased. On the other hand, it appears that the appellant and the deceased were very friendly, they spent the day together ......��……………(20 & 23) Lawyers Involved: Jamiruddin Sircar, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record — For the Appellant. B.Hossain, Deputy Attorney-General instructed by Md. Wahidullah, Advocate-on-Record— For the Respondent (State). Criminal ..

Category: Criminal Law | Date: | Hits: 44

Md. Islam Uddin @ Din Islam Vs. State, 2007, 36 CLC (AD)

....p;……………Respondent Judgment February 5, 2007 Lawyers Involved: Sarwar Ahmed, Advocate- For the Petitioner. Mrs. Fahima Nasrin, Deputy Attorney General-For the State. Jail Petition No. 20 of 2004 Judgment: ......s on record accepted the death reference and dismissed the jail appeal. There is no cogent reason to interfere with the same. Accordingly, the jail petition is dismissed. Ed. ......nt: M. M. Ruhul Amin J. - This petition for leave to appeal is directed against the judgment and order dated 27.07.2004 passed by a Division Bench of the High Court Division in Death Reference......p;………Respondent Judgment February 5, 2007 Lawyers Involved: Sarwar Ahmed, Advocate- For the Petitioner. Mrs. Fahima Nasrin, Deputy Attorney General-For the State. Jail Petition No. 20 of 2004 Judgment: &nbs..

Category: Criminal Law | Date: | Hits: 57

Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)

.... Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh represented by the Deputy Commissioner, Rajshahi and others…………..Appellant Vs ......g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......on (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh represented by the Deputy Commissioner, Rajshahi and others…………..Appellant Vs Md. Abdul Jabbar Sheikh&helli......alaya and another Vs. Dr. Rajkishore Tripathi and another, AIR 1977 SC 615; Bangladesh Vs. Abdul Wadud and others, 25 DLR (SC) 90. Lawyers Involved: Zainal Abedin, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Appellants. Abdus Salam Khan, ..

Category: Property Law | Date: | Hits: 38

State Vs. Mrs. Lailun Nahar Ekram, MD, Engineer and Consultants (Bd) Ltd. (BCBL), 2007, 36 CLC (AD)

..... ......materials on record has arrived at a correct decision and as such there is no cogent reason to interfere with the judgment of the said Division. The appeal is dismissed. Ed. ...... M. M. Ruhul Amin J Md. Tafazzul Islam J The State, represented by the Deputy Commissioner, Gazipur Vs. Mrs. Lailun Nahar Ekram, Managing Director, Engineer and Consultants (Bd) Ltd. (BCBL) Judgment January 17, ......y;rector, Engineer and Consultants (Bd) Ltd. (BCBL) Judgment January 17, 2007 Lawyers Involved: Abdur Razzaque Khan, Additional Attorney General instructed by ASM Khalequzzaman, Advocate-on-Record -For the Appellant. Khandka..

Category: Criminal Law | Date: | Hits: 74

Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)

....ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ......ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ......t Appellate Division (Civil) Present: Syed J. R. Mudussir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Mohammad Ahmed Rashid and others………………Plaintiff Vs. Mohammad S......any award since the time for passing it had expired. This should be considered as waiver of the condition regarding limitation for passing the award. In support, the learned Additional Attorney-General cited a few decisions. In Haji Ghulam Mohyuddin vs. Federation of Pakistan, PLD 1967 Lah. ..

Category: Property Law | Date: | Hits: 41

Government of Bangladesh Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)

....ts. Ed. ......xed by the trial court. The trial court thereafter would dispose of the suit in accordance with law. The appeal is accordingly allowed without any order as to costs. Ed. ......-For the Appellant Syed Mahbubur Rahman, Advocate-on-Record- For Respondent Nos 1-3 Not represented- Respondent Nos. 4-7 Civil Appeal No. 288 of 2002 (From the judgment and order dated 15.01.2001 passed by the High Court Division in Civil Revision No. 1635 of 1995.) ...... Md. Nurul Haque & others……………............Respondents Judgment November 8, 2006. Lawyers Involved: M.A. Azim, Deputy Attorney General instructed by B.Hossain, Advocate-on-Record-For the Appellant Syed Mahbubur Rahman, ..

Category: Property Law | Date: | Hits: 31

Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)

....n the suit land are correct. 11. It is also not disputed that the plaintiffs did not approach the authorized officer of the Government of the then 'East Pakistan now Bangladesh i.e.(The Deputy Commissioner concerned) for regularization of the exchange deed alleged to have been execute......ent of the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ......n-Record-For the Appellants. A.K.M.Shahidul Huq, Advocate-on-Record-For Respondent No.1 Ex Parte- Respondent Nos. 2-3 Civil Appeal No. 216 of 2002 (From the judgment and order dated 08.12.1999 passed by the High Court Division in Civil Revision No. 240 of 1991.) ......ent of the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 59

Messrs Al-Haj Oil Mills Ltd. Vs. Wilmer Trading (Pvt.) Ltd. & Ors., 2006, 35 CLC (AD)

....ended with as prayed for. Status-quo granted earlier be further extended till disposal of the appeal. The appeal is fixed on 6th November 2006 in the list at the top. Ed. ......ended with as prayed for. Status-quo granted earlier be further extended till disposal of the appeal. The appeal is fixed on 6th November 2006 in the list at the top. Ed. ......ructed by Zahirul Islam, Advocate-on-Record-For Respondent No. 7 Not represented -Respondent Nos. 1-6 Civil Petition for Leave to Appeal No. 264 of 2006 (From the judgment and order dated 26.10.2005 passed by the High Court Division in first Appeal No. 70 of 2004) ......ended with as prayed for. Status-quo granted earlier be further extended till disposal of the appeal. The appeal is fixed on 6th November 2006 in the list at the top. Ed. ..

Category: Business or Commercial Law | Date: | Hits: 121

State Vs. Sentu and others, 2004, 33 CLC (AD)

....o. 15 of 1996 of 2nd Court of Additional Sessions Judge, Barisal corresponding to G.R. Case No. 342 of 1993 P. S. Kotwali immediately and to enlarge them on bail to his satisfaction. Ed. ......o. 15 of 1996 of 2nd Court of Additional Sessions Judge, Barisal corresponding to G.R. Case No. 342 of 1993 P. S. Kotwali immediately and to enlarge them on bail to his satisfaction. Ed. ......nt: Md. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J The State……………….........Petitioner Vs. Sentu and others …..........Respondents Judgement December 8, 2004 Lawyers In..............Petitioner Vs. Sentu and others …..........Respondents Judgement December 8, 2004 Lawyers Involved: Abdur Razzaque Khan, Additional Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Petitioner Not repres..

Category: Criminal Law | Date: | Hits: 41

State Vs. Abdul Toab alias Abdul Towab and other, 2005, 34 CLC (AD)

.... Appellate Division (Criminal) Present: Syed J.R.Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J The State represented by the Deputy Commissioner, Dinajpur.......Petitioner Vs Abdul Toab alias Abdul Towab and ot......urt in holding the accused respondent as guilty and in doing so there has been miscarriage of justice. " Preparation of paper book is dispensed with as prayed for. Ed. ......CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J The State represented by the Deputy Commissioner, Dinajpur.......Petitioner Vs Abdul Toab alias Abdul Towab and other…..........Respondents Judgment April 17, 2005 Lawyers Involv......r Vs Abdul Toab alias Abdul Towab and other…..........Respondents Judgment April 17, 2005 Lawyers Involved: Abdur Razaque Khan, Additional Attorney General, instructed by B. Hossain, Advocate on Record-Petitioner Nawab Ali, Advocate-on-Recor..

Category: Criminal Law | Date: | Hits: 35

M.A. Sukkur Vs. Md. Zahirul Haque and another, 2005, 34 CLC (AD)

....ation of the impugned judgment and order dated 17.05.2003 passed by the High Court Division in Criminal Miscellaneous Case No.152 of 2001 be stayed till disposal of the appeal. Ed. ......ation of the impugned judgment and order dated 17.05.2003 passed by the High Court Division in Criminal Miscellaneous Case No.152 of 2001 be stayed till disposal of the appeal. Ed. ...... Mohammad Fazlul Karim J Amirul Kabir Chowdhury J M.A. Sukkur………………….................Petitioner Vs. Md. Zahirul Haque and another………...Respondents Judgement November 15, 2005. ......nd 420 of the Penal Code read with Section 138 of the Negotiable Instrument Act against the petitioner stating, inter alia, that the aforesaid complainant was Assistant General Manager of Bangladesh Shilpa Bank, Chittagong and that the accused petitioner in order to e..

Category: Criminal Law | Date: | Hits: 44

Moulana Noor Mohammad Vs. Bangladesh Madrasha Education Board, 2006, 35 CLC (AD)

....ucation Directorate, Barisal Region as person interested in education to the District Education officer as a result of which the other person interested in education was also nominated by the Deputy Director, Secondary and Higher Education Directorate under memo dated 11.09.2002 and that th...... with as prayed for. Stay granted earlier be further extended till disposal of the appeal. The Petitioner is directed to make the appeal ready for expeditious hearing. Ed. ...... M. M. Ruhul Amin J Amirul Kabir Chowdhury J Moulana Noor Mohammad..........Appellant Vs Bangladesh Madrasha Education Board, 2, Orphanaz Road, Bakshi Bazar, Dhaka and others ...........Respondents Judgement March 28, 2006. Lawyers Involved: ...... with as prayed for. Stay granted earlier be further extended till disposal of the appeal. The Petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..

Category: Constitutional Law | Date: | Hits: 139

Md. Nabiul Islam Chy Vs. Joint Regis, Div. Co-operative Office, Rajshahi & ors., 2005, 34 CLC (AD)

....n. Learned advocate next contended that the Joint Registrar had no authority to entertain a dispute case because he is the appellate authority and the dispute case should have been filed before the Deputy Registrar. 8. It has been further contended that the High Court Division committed an......e fully in agreement with the findings and decisions of the High court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed. ...... Md. Nabiul Islam Chowdhury………………………....Petitioner Vs Joint Registrar, Divisional Co-operative Office, Rajshahi and others......Respondents Judgment August 13, 2005 Lawyers Involved: ......e fully in agreement with the findings and decisions of the High court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed. ..

Category: Constitutional Law | Date: | Hits: 162

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