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Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)

.... restriction imposed by law. In Articles 39(1) freedom of thought and consciousness is guaranteed. Hartal is a historically recognised democratic right exercised by the political parties at different times in this subcontinent. During the 20th Century hartal has been used as peaceful weapon to prote......I concur with the judgments delivered by my learned brothers Mainur Reza Chowdhury and Syed JR Mudassir Hussain, JJ, in discharging the Rule. Ed This Case is also Reported in: 54 DLR (2002) 47. ..

Category: Constitutional Law | Date: | Hits: 216

City Sugar Industries Ltd. and others Vs. Human Rights and Peace for Bangladesh, 2010, 39 CLC (AD)

....r obtaining licence the petitioner No.1 complied of all conditions and accordingly a undertaking was given in favour of Respondent No. 3. It is stated that the said licence has been duly renewed from time to time and lastly it was renewed for the year 2008-2009 vide Nathi No. নাব/জে......i.e. let the safety of the people be the Supreme law. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 389. ..

Category: Environmental Law | Date: | Hits: 344

Mohammad Reazaul Karim and others Vs. A. B. M. Khalequzzaman and others, 2010, 39 CLC (AD)

..... 25.09.2005 will be eligible to attend the meetings and qualify to stock dividend/bonus share. 11. On the basis of the representation of the respondent No.18 company by way of public notices from time to time, the appellants were assured that they will be entitled to dividend/bonus share and rig......r no interference by this Court. In the result, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 369, 62 DLR (AD) (2010) 411...

Category: Company Law | Date: | Hits: 191

Mobasher Hossain (Md) and others Vs. Saidur Rahman (Pvt) Ltd. and others, 2002, 31 CLC (HCD)

....use as to why the order of temporary injunction should not be issued to restrain him from taking possession of the vessel namely, MV Hemayetuddin M No. 6304, till disposal of the suit; and in the meantime let the defendant be restrained from taking possession of the said vessel namely, MV Hemayetudd......he launch ghat at Gazaria where it was in the morning of 8th April, 2002 within seven days from date. There shall be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 51. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 188

Moulana Fariduddin Ahmed and another Vs. Md. Kolimullah and others, 2001, 30 CLC (HCD)

.... with permission from the statutory authority namely, the Administrator of Wakfs Exhibit Kha. Witnesses of the petitioner also proved their possession. It is also the case of the petitioner that some time in February, 1990 the petitioner was dispossessed from 3 decimals of said land. 6. Section 5......of the observation as made hereinabove. The order of stay granted earlier is hereby re‑called and vacated. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 49...

Category: Property Law | Date: | Hits: 27

Momena Begum Vs. Dhaka City Corporation and others, 2002, 31 CLC (HCD)

....p and in that Rule this court directed the parties to maintain status quo. Since as per record Mrs. Parveen Sultana is the allottee of the suit shop and since the present petitioner did not till that time even offer any rent or electricity bill, the contemners; accepted rent from Parveen Sultana and......m the case of Dr. MO Gani Vs. Dr. ANM Mahmood, 18 DLR (SC) 463. Accordingly, the Rule is discharged, however, without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 43...

Category: Property Law | Date: | Hits: 34

Bhola Vs. State, 2001, 30 CLC (HCD)

....atter to anybody. She deposed the same before the learned Magistrate. In cross­-examination she stated that she was married and she had been working in the house of Jabbar from her childhood. At the time of occurrence she was not married. She was working in the house of Jabbar and after the death o......s order dated 29‑10‑91 is upheld with the above modification and the appeal is dismissed. Send down the lower court's record immediately. Ed. This Case is also Reported in: 55 DLR (2003) 36...

Category: Criminal Law | Date: | Hits: 41

Moyezuddin Sikder and ors. Vs. State, represented by the DC, Khulna, 2007, 36 CLC (HCD)

.... learned Counsels, as aforesaid, April 2,2007 was scheduled for delivery of formal order. It may not be out of place to mention that upon hearing the learned Counsels, we found no difficulty, for the time being, to proceed with the business of the Court touching the Criminal Procedure Code as usual,......n with a non-obstante expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. Ed. This Case is also Reported in: 59 DLR (2007) 287. ..

Category: Criminal Law | Date: | Hits: 50

Abdul Malek (Md) Vs. Bangladesh and others, 2006, 35 CLC (HCD)

.... জামানতের অর্থ বাজেয়াপ্ত করিবেন।" 4. The petitioner in compliance with the terms of the agreement, and the instructions recei­ved from time to time from the respondents had been carrying on his business satisfactorily and in terms of t...... of the petitioner with forfeiture of the security money. 2. Facts relevant for disposal of this Rule, in brief, are as under: 3. The petitioner, a reputed businessman, was selected for appointment as a dealer of fertiliser by District Selection Committee and the Deputy Com­missioner,..

Category: Civil Law | Date: | Hits: 74

Dr. Ahmed Majid Vs. Abdul Latif @ Suruj Ali, 2006, 35 CLC (HCD)

....nt opposite party, from the suit premises as described in the plaint on the ground of default in payment of monthly rent. The defendant-opposite party appeared in the suit on 10-1-2001 and prayed for time for filing written statement. Subsequently, the defendant-opposite party took time for filing w...... Court is directed to proceed with the suit in accordance with law. No costs. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 59 DLR (2007) 282. ..

Category: Property Law | Date: | Hits: 37

Mohammad Ullah (Driver) Vs. State, 2007, 36 CLC (HCD)

....never he/she is apprehended sentence will run from the date of such apprehen­sion. The Court is to see whether there is satisfac­tory explanation for not preferring the appeal or revision in proper time. It might be in the appeal the accused may be acquitted. Appeal is the legitimate right of a co......oned. The learned judge is directed to proceed with the appeal in accordance with law. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 281. ..

Category: Criminal Law | Date: | Hits: 36

Mozam and others Vs. State, 2006, 35 CLC (HCD)

....sentence as aforesaid. Hence the appeal. 9. Dr Rafiqur Rahman, Senior Advocate, appearing with Mr. Sarwar Ahmed, Advocate for the appellants, support the appeal and submit that at the relevant time the offences described in Ordinance, 1983 was the Schedule offence of the Special Powers Act, 1......offence. Send down the lower Court's records at once with a copy of this judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 276...

Category: Criminal Law | Date: | Hits: 82

RAK Ceramics (Bangladesh) Private Ltd. Vs. Bangladesh, represented by Secretary, Ministry of Internal Resources Division & others, 2007, 36 CLC (HCD)

....itioner, took us through the record and relevant provisions of the VAT Act and submitted that in view of the facts that pursuant to the notice to show cause, the petitioner came to know for the first time about the default and that the petitioner immediately deposited more than the demand, the Deput......quashed. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 274. ..

Category: Fiscal/Taxation Law | Date: | Hits: 63

Abani Kumar Mistry and others Vs. Government of the People's Republic of Bangladesh and others, 2006, 35 CLC (HCD)

....operty, it is to be seen whether the property sought to be taken over as enemy property was so between 6-9-1965 and 16-2­1969, the promulgation and revocation of Proclamation of Emergency. If at any time during the currency of the Emergency with the Defence of Pakistan Ordinance and the Rules remai......le is hereby recalled and vacated. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 59 DLR (2007) 270, 26 BLD (HCD) (2006) 634. ..

Category: Property Law | Date: | Hits: 27

Surajmal Ram Prasad Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)

....s justified in vacating the appellate order of the learned Appellate Additional Commissioner of Taxes alleging that the appeal before the learned Appellate Additional Commissioner of Taxes was out of time and hit by limitation under section 154(2) of the IT Ordinance, 1984? (2) Whether, in th......ith our answer in the negative against the Revenue Department and in favor of the applicant. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 59 DLR (2007) 268...

Category: Fiscal/Taxation Law | Date: | Hits: 63

Amirul Islam (Md) Vs. Bangladesh represented by the Secretary, Ministry of Home Affairs and others, 2006, 35 CLC (HCD)

....hulna. But the proposal of marriage was not acted upon since the elder sister of the complainant was not married and they wanted to wait till her elder sister's marriage. But after waiting for a long time the petitioner's parents had him married on 8-12-2003 with one Jannatul Ferdous Silvi. There wa......ormer post and allow him to continue in service with all attending benefits within 30 days from the date of receipt of copy of this judgment. Ed. This Case is also Reported in: 59 DLR (2007) 258...

Category: Employment/Service Law | Date: | Hits: 67

Anwara Begum Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....d as Abandoned Property and the same as through remained in possession of the petitioner and said Md. Younus Ali supervised, managed and occupied the same during the past years including the relevant time i.e. from 25th March, 1971 to 28th February, 1972 and therefore the property does not answer th......d Buildings as published in Ka list dated 28-4-1986 within 3(three) months from the date of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 251, 26 BLD (HCD) (2006) 123. ..

Category: Property Law | Date: | Hits: 40

Abdul Karim and others Vs. Court of Settlement and others, 2007, 36 CLC (HCD)

....ted the same to one Mr. Md. Arifur Rahman, Administrative Officer, Ministry of Planning, Government of Bangladesh on 30-5-1974 for a period of l(one) year and that the said agreement was renewed from time to time upto 1987 and paid rent regularly to the petitioners; that after the death of their fat......6 under Abandoned Buildings (Supplementary Provisions) Ordinance, Ordinance 54 of 1985 at page No. 9764 (17), Serial No. 42 (Annexure-I). Ed. This Case is also Reported in: 59 DLR (2007) 247...

Category: Property Law | Date: | Hits: 33

Syed Ziaul Hasan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)

....ment and a licensee of BTTB, a statutory authority, offered to sell the SIM Cards to the applicants and others on the basis of lottery and the petitioners having accepted the offer applied within the time specified and won the lottery and they have acquired the right to purchase and collect the SIM ......tity module (SIM) Card according to the price fixed i.e. Taka 1800. There will be no order as to costs. Ed This Case is also Reported in: 59 DLR (2007) 238, 26 BLD (HCD) (2006) 366. ..

Category: Fiscal/Taxation Law | Date: | Hits: 131

Abdul Alim Vs. Biswajit Dey and another, 2007, 36 CLC (HCD)

.... a bank at Chittagong. As such, on the ground of initiating the proceeding at Chittagong this proceeding cannot be quashed. 6. Another striking fact is that accused peti­tioner at no point of time denied his signature on the cheque. Since the accused did not deny his signa­ture, as such, th......lt, this Rule is discharged. The order of stay granted earlier by this Court is vacated. Communicate this order at once. Ed. This Case is also Reported in: 59 DLR (2007) 236 . ..

Category: Criminal Law | Date: | Hits: 50