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Abdus Sukur (Md.) and others Vs. Bhasani Mandal and another, 2001, 30 CLC (HCD)
....gment and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452.......o. 748 of 1999 reversing those dated 30-9-1999 passed by Senior Assistant Judge, 6th Court at Dhaka in Title Suit No. 249 of 1998. 2. The petitioners as plaintiffs on 28-7-1998 instituted the suit for setting aside the judgment and decree dated 24-5-1998 and 31-5-1998 respectively, exhibit 12 and......gment and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452.......IR 1936 Allahabad 422, MA Mallik Vs. NH Mallik, 1986 BCR (AD) 56, Ishaque Mia and another Vs. Abdul Mazid and others, 48 DLR 465, Sufia Khanam Chowdhury Vs. Faizunnessa Chowdhury, 39 DLR (AD) 46 . Lawyers Involved: AB Roy Chowdhury—For the Petitioners. Garib Newaz with Maksuda Aktar—For..Category: Property Law | Date: | Hits: 75
Seastar Shipping Lines Ltd. Vs. Bangladesh & others, 2001, 30 CLC (HCD)
....te of receipt of this order. A copy of this order be sent forthwith to the Prime Minister’s Secretariate and the Ministry of Food. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 449.......hipping agent of the Shipping Corporation of India Limited which owns the concerned vessel ‘MV Vishva Kaumudi’. The said vessel was chartered by respondent No.4 under Fixture Note dated 15-2-1999 for carrying the cargo of 8325.00 metric tons of rice into Bangladesh port. The said vessel thereaft......te of receipt of this order. A copy of this order be sent forthwith to the Prime Minister’s Secretariate and the Ministry of Food. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 449.......ion) Present: Md. Joynul Abedin J ABM Khairul Haque J Seastar Shipping Lines Ltd………Petitioner Vs. Bangladesh & others……….Respondents Judgment May 16, 2001. Lawyers Involved: M Hafizullah with Md. Ohiullah, Advocates—For the Petitioner. Obaidur Rahm..Category: Admiralty Law or Maritime Law | Date: | Hits: 212
State Vs. Md. Shamim alias Shamim Sikder and others, 2000, 29 CLC (HCD)
....der alias Md. Ratan are allowed and they are found not guilty to the charges levelled against them and they are acquitted in this case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 439.......050, 1198 of 1997. Judgment MM Ruhul Amin J.- This Death Reference under section 374 of the Code of Criminal Procedure has been made by the learned Additional Sessions Judge, 1st Court, Barisal for confirmation of the sentence of death imposed under upon the condemned prisoner Md. Shamim @ Sha......der alias Md. Ratan are allowed and they are found not guilty to the charges levelled against them and they are acquitted in this case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 439........ State, 42 DLR (AD) 3; AIR 1946 PC 45; State Vs. Montu alias Nazrul Haque and 7 others, 44 DLR (AD) 287; Abdul Quddus Vs. State, 43 DLR (AD) 234; Chowla Vs. State of Haryana, AIR 1974 (SC) 1039. Lawyers Involved: Syed Ziaul Karim, Advocate—For the Condemned Prisoner-Appellants. Shamsul ..Category: Criminal Law | Date: | Hits: 50
Gurvinder Singh Vs. Secretary, Ministry of Finance and others, 1992, 21 CLC (HCD)
.... In the result, this Rule is disposed of on the above observations without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 434. ......ated 27-4-92 issued by the respondent No.3 namely, the Assistant Commissioner of Taxes, Central Salary Circle I, section II, 40 Segun Bagicha, Dhaka directing the petitioner not to leave Bangladesh before settling income tax assessment matter. 2. In the instant case, this petition is moved by Gur...... In the result, this Rule is disposed of on the above observations without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 434. ......: Anwarul Haque Chowdhury J KM Hasan J Gurvinder Singh…………..Petitioner Vs. Secretary, Ministry of Finance and others…………..Respondents. Judgment July 8, 1992. Lawyers Involved: Masood R Sobban, Advocate—For the Petitioner. Moksudur Rahman, Advocate—..Category: Fiscal/Taxation Law | Date: | Hits: 98
Hamza Rubber Industries Vs. Golam Dastagir Gazi, 2001, 30 CLC (HCD)
.... is also discharged and order of ad-interim injunction granted at the time of issue of the Rule is also vacated. Communicate at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 430. ......presented by the plaintiff against judgment and order dated 12-02-2001 passed by the 10th Court of Additional District Judge at Dhaka in Title Suit No. 32 of 2000 by which the prayer of the plaintiff for temporary injunction was refused. 2. The plaintiff instituted the suit for a decree for perpe...... is also discharged and order of ad-interim injunction granted at the time of issue of the Rule is also vacated. Communicate at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 430. ......e 103; American Cyanamid Co. Vs. Ethicon Ltd. 1975(1) All ER 504(HL); Series 5 Software Vs. Clark, 1996(1) All ER 853 (Ch D); Colgate Palmolive (India) Ltd. Vs. Hindustan Lever Ltd. 1999(7) SCC 1. Lawyers Involved: Habibul Islam Bhuiyan with Gazi Neamat Hossain, Advocates—For the Appellant. ..Category: Intellectual Property Law | Date: | Hits: 230
....ons stated here in above the Rule is liable to be discharged.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 426.
......n 17-2- 1986 in the First Court of Subordinate Judge, Dhaka against Ali Mohammad Abbas, the Chairman of the DIT and the Government of Bangladesh represented by the Secretary, Ministry of Public Works for specific performance of contract and also for a decree for declaring that the enlistment of the ......ons stated here in above the Rule is liable to be discharged.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 426.
......vernment of Bangladesh represented by the Secretary, Ministry of Works Vs. A Jalil, 49 DLR (AD) 26; CQMH Md. Ayub Ali Vs. Bangladesh 47 DLR (AD) 71; Bangladesh Vs. Md. Abdul Jalil, 49 DLR (AD) 26.
Lawyers Involved:
SS Halder, Advocate—For the Petitioner.
Dr. Kazi Rezaul Hoque, Assistant-A..
Category: Property Law | Date: | Hits: 103
Progoti General Insurance Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....ormulated by us in the negative and in favour of the assessee petitioner. There will be no order of cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 424, 53 DLR (HCD) (2001) 531. ......he Jamuna Levy an amount of Taka 13,18,045.00 holding that it was not an allowable expense against the interest and dividend income while grossing up the same with the income. Being aggrieved by the aforesaid order of the DCT petitioner preferred an appeal before the Additional Appellate Commissione......ormulated by us in the negative and in favour of the assessee petitioner. There will be no order of cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 424, 53 DLR (HCD) (2001) 531. ......e 11, 2000. Cases Referred To- Meghna Petroleum Co. Ltd. Vs. CIT 26 BTD (AD) 74 = 50 DLR (AD) 165; Shitaldas Tirathdas 41 ITR 367; Kerala Vs. Travancore Sugars and Chemicals Ltd. 90 ITR 3O7. Lawyers Involved: AFM Ferojuddin Bhuiyan, Advocate—For the Appellant. MA Rahim Bhuiyan, Assi..Category: Fiscal/Taxation Law | Date: | Hits: 104
Sogra Begum Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....es not appear to us to be a fit case for granting a certificate as prayed for. Hence the prayer is rejected. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 420, 26 BLD (HCD) (2006) 301. ......ot represented—the Respondent. Reference Application No. 78 of 2000. Judgment Syed Amirul Islam J.- This is an application filed under section 5 read with section 14 of the Limitation Act, for condonation of delay of 159 days in filing the reference application under section 160 of the In......es not appear to us to be a fit case for granting a certificate as prayed for. Hence the prayer is rejected. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 420, 26 BLD (HCD) (2006) 301. ......rul Islam J AKM Shafiuddin J Sogra Begum………………………….Applicant Vs. Commissioner of Taxes ……………………………Respondent. Judgment August 20, 2000. Lawyers Involved: Md. Altaf Hossain, Advocate—For the Applicant. Not represented—the Resp..Category: Fiscal/Taxation Law | Date: | Hits: 108
Mainuddin Chowdhury & others Vs. State and another, 2001, 30 CLC (HCD)
....itioners No.4 be enlarged on bail to the satisfaction of the Deputy Commissioner, Chittagong, if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 416. ......r Division Bench of this Division vide their order dated 17-8-2000 granted bail to the petitioners 1-3 on an application filed by them. 3. The prosecution case, in short, inter alia, is that the informant opposite party No.2 Kabir Ahmed lodged a first information report with Satkania Police Stati......itioners No.4 be enlarged on bail to the satisfaction of the Deputy Commissioner, Chittagong, if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 416. ......s Vs. Haeesa Farooq & 5 others, 1994 SCMR 1283; Asghar Ali Asad Vs. Mohammed Ramzan & 3 others, 1984 Pak CrLJ (Lahore) 384; Maqbool Ahmed & another Vs. State, P CrLJ 1982 (Lahore) 724. Lawyers Involved: Enayetur Rahim with Md. Alamgir and Md. Jahangir Alam, Advocates — For the Pe..Category: Criminal Law | Date: | Hits: 43
....ered in the negative, and against the Revenue.
Accordingly, the reference is answered in the negative. There will be no order as to costs.
Ed.
This case is also Reported in: 52 DLR (2000) 484.......Income Tax Reference Application No. 216 of 1991.
Judgment
Syed Amirul Islam J.- This reference application is at the instance of the assessee applicant company which was assessed to income tax for the assessment year 1982-83 corresponding to the accounting year ending on 30-6-82. The applican......ered in the negative, and against the Revenue.
Accordingly, the reference is answered in the negative. There will be no order as to costs.
Ed.
This case is also Reported in: 52 DLR (2000) 484.......Applicant
Vs.
Commissioner of Taxes, Intelligence and Investigation Zone.... Respondent.
Judgment
August 23, 1999.
Cases referred to-
1975 BTD 221 (HC); 1977 BTD 18 and 163 (AD).
Lawyers Involved:
MA Noor, Advocate—For the Applicant.
Not represented— the Respondent.
..
Category: Fiscal/Taxation Law | Date: | Hits: 101
Abdul Mannan and another Vs. Bangladesh, 1999, 28 CLC (HCD)
.... Petition No.2259 of 1998 are discharged without any order as to costs. The order of stay granted earlier in both Rules are hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 471. ......ne Wards of Lalmohan Pourashava should not be declared to have been made without any lawful authority and is of no legal effect. 3. In Writ Petition No.1787 of 1998 the petitioners case, in brief, for disposal of the Rule is as follows: The petitioner is a Commissioner of newly created Ward No.4 ...... Petition No.2259 of 1998 are discharged without any order as to costs. The order of stay granted earlier in both Rules are hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 471. .......Respondents. Judgment July 7, 1999. Result: Both the writ petitions are discharged without any order as to costs. The order of stay granted earlier in both Rules are hereby vacated. Lawyers Involved: Moudud Ahmed with Azizul Hoque, Advocates—For the Petitioner (In Writ Petitio..Category: Election Law | Date: | Hits: 97
A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....n view of our decision, the order issued earlier directing the parties to maintain status quo in respect of construction is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 461. ......udgment Md. Abdur Rashid J.- This Rule Nisi was issued upon the respondents to show cause as to why the impugned order dated 24-06-99 canceling the sanction of the revised plan granted on 18-02-93 for construction of a 22-storied building, order dated 21-09-99 rejecting the appeal and order dated......n view of our decision, the order issued earlier directing the parties to maintain status quo in respect of construction is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 461. ...... Referred To- Abdus Sattar Vs. Bangladesh and others, 48 DLR (AD) 180; State of UP Vs. Maharaja Dharmander Prasad Singh, (1989) 2 SCC 505; Munnich Vs. Godstone RDC, (1996) 1 WLR 427, at p. 435. Lawers Involved: M Amir ul Islam with A Hasib, Tania Amir, MA Tariq, MA Hannan and Manzil Murshe..Category: Property Law | Date: | Hits: 125
Osena Begum alias Babuler Ma and another Vs. State, 2003, 32 CLC (HCD)
....r case. Let a copy of this judgment be sent to the learned Additional Sessions Judge for his guidance. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 299. ......s judgment. 2. Prosecution case, in short, is that the condemned prisoners Osena Begum and her son Babul Miah committed murder of Hazera Begum, wife of Babul Miah by severely burning her with acid for dowry. In the trial Osena Begum was charged under section 10(1) while Babul under section 10(1) ......r case. Let a copy of this judgment be sent to the learned Additional Sessions Judge for his guidance. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 299. ......ya Pradesh, 1953 AIR SC 420; Momin alias Md. Mominul Hoque Vs. State, 1996 BLD 246 = 48 DLR 282; State Vs. Manna Gazi, 6 BLC 187; Paparamabak Rosamma Vs. State of Andhra Pradesh, (1999) 7 SCC 695. Lawyers Involved: Khorshid Alam Khan with Rezbaul Kabir, Md. Zulfiqur Matin and Md. Asaduzzaman, ..Category: Criminal Law | Date: | Hits: 49
Akkas Ali Molla and another Vs. State, 2001, 30 CLC (HCD)
.... is felt to be necessary. The order of stay of realisation of fine passed on 29‑3‑1989 is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (2003) 296. ......88 of the Additional District Magistrate, Bogra in DAB GR Case No. 12 of 1982 convicting the accused petitioner under section 467 of the Penal Code and sentencing them to suffer rigorous imprisonment for 3 (three) years and to pay a fine of Taka 1,000 in default to suffer rigorous imprisonment for 3...... is felt to be necessary. The order of stay of realisation of fine passed on 29‑3‑1989 is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (2003) 296. ......433, Nur Ahmed Vs. Kalimuddin Ahmed, BCR 1987 (AD) 152; Shamsuddin Ahmed Chowdhury Vs. State, 49 DLR (AD) 159; Wahida Khan Vs. Sahar Banu and another, 48 DLR 286; Sona Mia Vs. The State, 42 DLR 8. Lawyers Involved: Mansur Habib, Advocate, with Shahana Begum, Advocate‑For the Convicts-Petitio..Category: Criminal Law | Date: | Hits: 129
Mrs. Aruna Sen Vs. Govt. of the People's Republic of Bangladesh and others, 1974, 3 CLC (HCD)
....this case involves substantial question as to the interpretation of the Constitution. Abdur Rahman Chowdhury, J.- I agree. Ed. This Case is also Reported in: 27 DLR (1975) HCD 122. ...... authority of the Dacca Central Jail issued a statement in the Newspapers on the first April, 1974. On the 2nd April, the petitioner's lawyers served a notice upon the respondents 1, 2 and 3 asking for information as to the charges against him, the place of his custody and the authority under whic......this case involves substantial question as to the interpretation of the Constitution. Abdur Rahman Chowdhury, J.- I agree. Ed. This Case is also Reported in: 27 DLR (1975) HCD 122. ......ras and Kerala, AIR 1960 (SC) 1080, Sarder Fazlul Karim and others Vs. Government of East Pakistan, 8 DLR (Dac.) 700, Govt. of East Pakistan Vs. Rowshan Bijoya Shaukat Ali Khan, 18 DLR (SC) 214. Lawyers involved: Moudud Ahmed, Jamiruddin Sircar, Advocates—For the Petitioner. K. Z. Ala..Category: Constitutional Law | Date: | Hits: 291
Zafela Begum and others Vs. Atikulla and others, 2011, 40 CLC (AD)
....l is allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 46, 31 BLD(AD) (2011) 111, 8 LG (AD) (2011) 133, 16 MLR (AD) (2011) 216, VIII ADC (2011) 907. ...... judgment and order dated 26.5.2003 passed by the High Court Division in First Appeal No. 100 of 1995) Judgment SK Sinha J. - The facts out of which this appeal arose are as under: In a suit for partition the plaintiffs who are the appellants claimed that 'Ka' schedule land measuring 4.0 ac......l is allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 46, 31 BLD(AD) (2011) 111, 8 LG (AD) (2011) 133, 16 MLR (AD) (2011) 216, VIII ADC (2011) 907. ......, 2011. Result: The Appeal is allowed. Cases Referred To- Jainal Abedin Vs. Mizanur Rahman and other, 44 DLR (AD) 162; Krishna Kishori Chaodhrani Vs. Kishori Lal Ray, 14 I.A. 71(P.C.). Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-..Category: Property Law | Date: | Hits: 127
.... of the review petitioners the same is set aside on review.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (2003) 289.
......2; Prabodh Verma Vs. State of Uttar Pradesh, AIR 1985 SC 167; (1984) 4 SCC 251; Md. Mojibur Rahman Mia Vs. Jamini Mosahar and others, 7 DLR 82.
Lawyers Involved:
Abdul Wadud Bhuiyan with SRM Lutfor Rahman, Advocates‑For the Petitioners.
Shamsuddin Babul with Kanai Lal Saha, Advocates‑Fo...... of the review petitioners the same is set aside on review.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (2003) 289.
....... State of Uttar Pradesh and another, AIR 1994 SC 1722; Prabodh Verma Vs. State of Uttar Pradesh, AIR 1985 SC 167; (1984) 4 SCC 251; Md. Mojibur Rahman Mia Vs. Jamini Mosahar and others, 7 DLR 82.
Lawyers Involved:
Abdul Wadud Bhuiyan with SRM Lutfor Rahman, Advocates‑For the Petitioners.
..
Category: Others | Date: | Hits: 119
Agrani Bank Vs. MA Kahhar, 2002, 31 CLC (HCD)
.... in view of above nothing would justify us to allow this appeal. We do, therefore dismiss this appeal without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 285. ......ce is this appeal by the plaintiff. 2. The plaintiff, a schedule bank, brought the instant civil action by impleading one MA Kahhar as the lone defendant, who is, indeed, the absentee respondent before us. Although the suit was partially decreed against him, he did not lodge any appeal. Nor did a...... in view of above nothing would justify us to allow this appeal. We do, therefore dismiss this appeal without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 285. ......Elahi Baksha and others, 18 DLR 498; Gajadhar Vs. Jagannath, AIR 1924 All 551; Nathu Sing Vs. Girwar Sing, AIR 1929 All 657; Puliyath Govinda Nayar Vs. Parekalattil Achutan Nair, AIR 1940 Mad 678. Lawyers Involved: Abul Hasnat with M Maniruzzaman, Advocate-For the Appellant. Not represented..Category: Banking Law | Date: | Hits: 215
Advocate Zulhas Uddin Ahmed and others Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....চা ব্যতিরেকে এ্যাব্লিউট করা হইলো। সমাপ্ত। This Case is also Reported in: 15 MLR (HCD) 2010, 433; 15 BLC (HCD) (2010) 351. ......onstitution and/or pass such other or further order or order as to this Court may seem fit and proper. The Rule Nisi is made returnable within 2 (two) weeks from date. The matter is fixed for hearing on 9.3.2009 Spirit of the law Requisites to be put in at once.” ৪. ৪ ন......চা ব্যতিরেকে এ্যাব্লিউট করা হইলো। সমাপ্ত। This Case is also Reported in: 15 MLR (HCD) 2010, 433; 15 BLC (HCD) (2010) 351. ......চা ব্যতিরেকে এ্যাব্লিউট করা হইলো। সমাপ্ত। This Case is also Reported in: 15 MLR (HCD) 2010, 433; 15 BLC (HCD) (2010) 351. ..Category: Health Law | Date: | Hits: 391
Sirajul Islam (Md.) Vs. Wahidul Haque, 2003, 32 CLC (HCD)
....ion is allowed. The punishment awarded on the petitioner by the order dated 27‑1‑2003 in Contempt Petition No. 70 of 2002 is remitted. Ed. This Case is also Reported in: 55 DLR (2003) 272. ......: Mahbubur Rahman, Advocate‑For the Petitioner. M Saleemullah, Advocate‑For the Respondent. Review Petiton No. 39 of 2003. Judgment Salma Masud Chowdhury J.- This is an application for review of the judgment and order dated 27‑1‑2003 passed in Contempt Petition No. 70 of 2002 ......ion is allowed. The punishment awarded on the petitioner by the order dated 27‑1‑2003 in Contempt Petition No. 70 of 2002 is remitted. Ed. This Case is also Reported in: 55 DLR (2003) 272. ......Hamidul Haque J Salma Masud Chowdhury J Sirajul Islam (Md.)..……….………….Petitioner Vs. Wahidul Haque…………………….Respondents Judgment March 16, 2003. Lawyers Involved: Mahbubur Rahman, Advocate‑For the Petitioner. M Saleemullah, Advocate‑Fo..Category: Others | Date: | Hits: 118
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