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SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....e with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. This Case is also Reported in:20 BLT (HCD) (2012) 15. ......3 specially the provisions regarding execution under of the Ain and any of the provisions of the Ain has no conflict with that of the provisions of Order XXI rule 83 of the Civil Procedure Code. Therefore, Order XXI rule 83 of the Civil Procedure Code will be applicable in an execution proceeding un......e with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. This Case is also Reported in:20 BLT (HCD) (2012) 15. ...... rule 83 under Order XXI excludes mortgage decree from application of sub-rule (1) and (2) of the said Order, but for simple money decree, Order XXI rule 83 (1) (2) of the Code will be applicable. Lawyers Involved: Shah Md. Munir Sharif with Md. Sohel Rana, Advocates-for the Petitioner. Ali..

Category: Procedural Law | Date: | Hits: 95

Shahina Begum Vs. Bangladesh, 2003, 32 CLC (HCD)

....any illegality. The Rule, therefore does not merit any consideration. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 224....... the Constitution of the People's of Bangladesh calling upon the respondents to show cause as to why her husband the detenu Md. Solim Ullah Solu, son of late Al-haj Chinu Miah should not be brought before this Court so that it may satisfy, itself that he is not being held in custody without lawful a......any illegality. The Rule, therefore does not merit any consideration. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 224.......ome Affairs and others……………………………………....Respondents Judgment February 9, 2003. Case Referred To- Habiba Mahmud Vs. Bangladesh & others, 45 DLR (AD) 89. Lawyers Involved: Shafique Ahmed with Nitai Roy Chowdhury, Advocates‑For the Petitioner. Aha..

Category: Criminal Law | Date: | Hits: 55

Badal Kumar Paul Vs. State, 2003, 32 CLC (HCD)

.... not wanted in any other case. Send down the records. Let a copy of this judgment be sent to the Directorate of Narcotics for guidance. Ed. This Case is also Reported in: 55 DLR (2003) 218.......ssions Judge at Jessore in session case No. 39 of 1999, which convicted him under section 19(1), Table 3 (খ) of the Narcotics Control Act, 1990, in brief, the Act, and sentenced him to imprisonment for life. 2. The prosecution case, in short, is that on 5‑11‑97 at about 9‑10 AM the police...... not wanted in any other case. Send down the records. Let a copy of this judgment be sent to the Directorate of Narcotics for guidance. Ed. This Case is also Reported in: 55 DLR (2003) 218.......……………..………..Respondent Judgment March 12, 2003. Cases Referred To- Nannu Miah Vs. State, 55 DLR 7; State Vs. Miss Eliadah Maccord, 1996 BLD (AD) 239 = 2 BLC (AD) 157. Lawyers Involved: M Shamsul Hoque Advocate-For the Appellant. Sk A Awal, Deputy Attorney-Gene..

Category: Criminal Law | Date: | Hits: 90

Subasish Das (Bobby) and three others Vs. Bangladesh University of Engineering and Technology and others, 1999, 28 CLC (HCD)

....dgment application for direction to allow the petitioner of the respective Rule to appear in the ensuing examination is also hereby rejected. Ed. This Case is also Reported in: 51 DLR (1999) 563.......and has been found guilty of offence under sections 5, 17, 21 and 22 of the Ordinance relating to Board of Residence and Discipline and he has been awarded punishment of expulsion from the University for 2 terms including the current term and suspended punishment for further 2 terms. 3. Md. Sanau......dgment application for direction to allow the petitioner of the respective Rule to appear in the ensuing examination is also hereby rejected. Ed. This Case is also Reported in: 51 DLR (1999) 563.......ses Referred to- Masum Iqbal vs. BUET 49 DLR 104; Board of Intermediate and Secondary Education vs. Rumana Ahmed and another 1992 BLD (AD) 160; Dhaka University vs. Zakir Ahmed 16 DLR (SC) 722. Lawyers Involved: Subrata Chowdhury with BA Rashid, Advocates — For the Petitioners (In all the..

Category: Others | Date: | Hits: 116

Maliha Banu Vs. Deputy Commissioner of Taxes and others, 1997, 26 CLC (HCD)

....n the writ petition, in our view, is not available to the petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 561.......it and proper. 2. Facts, in short, are that, petitioner as an Income Tax assessee under the Companies Circle 11, Dhaka (East Zone) Dhaka, having GIR No. 1146/Coys-11 (East) filed income tax return for the assessable year 1984-85 and therein showed loan of Taka 80,000 from Mr. MH Khan (claimed to ......n the writ petition, in our view, is not available to the petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 561.......Md. Ruhul Amin J Md. Nurul Islam J Maliha Banu……………………. Petitioner Vs. Deputy Commissioner of Taxes and others ……………Respondents Judgment July 23, 1997. Lawyers Involved: Mohammad Ali with Golam Hossain Bhuiyan, Advocates — For the Petitioner. S..

Category: Fiscal/Taxation Law | Date: | Hits: 77

Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)

.... petition is allowed in part. The short order quoted above forms part of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ......y the High Court Division in disposing of the Writ Petition No. 3806 of 1998 (Bangladesh Legal Aid and Services Trust (BLAST) and others Versus Bangladesh and others), making specific recommendations for compliance in passing order for ‘investigation and remand’ and the said decision (reported i...... petition is allowed in part. The short order quoted above forms part of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ......In re Thomas Power O’Connor, 1896 12 TLR 291, Near V. Minnersota Ex Rel Olson, 283 Us 696, 697, Abul Karim Sarkar Vs. The State, 38 DLR (AD) 188, L.D. Jaikwal V. State of Up, AIR 1984 S.C. 1374. Lawyers Involved: M.K. Rahman, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Reco..

Category: Criminal Law | Date: | Hits: 163

MA Qasem Vs. Subordinate Judge, Artha Rin Adalat and others, 1999, 28 CLC (HCD)

....en prejudiced in any respect or manner. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 341. ......iff. 2. Facts as stated in the Wit Petition, in short, are that, the respondent No. 2 as plaintiff filed Title Suit No.73 of 1994 in the Court of Subordinate Judge and Artha Rin Adalat No. 4 Dhaka for recovery of Taka 1,59,79,268.75 by sale of mortgaged property as described in the schedule to th......en prejudiced in any respect or manner. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 341. ......ts Judgment November 22, 1999. Cases Referred To- Afsar Uddin Ahmed Vs. Bank of Indo-Suez, 12 BLD (AD) 156 = 44 DLR (AD) 136; Moizuddin Mondal Vs. Bina Ram Das and others, 45 DLR 154. Lawyers Involved: Rafiqul Huq with Ahsanul Karim and Fahemul Huq, Advocates—For the Petitioner ..

Category: Civil Law | Date: | Hits: 90

Serajul Hoque Vs. Commissioner of Taxes, Intelligence and Investigation Zone Dhaka, 1999, 28 CLC (HCD)

....ion raised in this reference is answered in the negative and in favour of the assessee applicant. There will be no order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 338.......nce, 1984, hereinafter called ‘the Ordinance.’ The applicant being Income Tax Assessee of Intelligence and Investigation Circle-UI, Dhaka under GIR No.3968 Intel NV-III was assessed to Income Tax for the assessment year 1986-87 under section 83(2) of the Ordinance on a total income of Taka 3,63,......ion raised in this reference is answered in the negative and in favour of the assessee applicant. There will be no order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 338.......J Serajul Hoque………………………………..Applicant Vs. Commissioner of Taxes, Intelligence and Investigation Zone Dhaka …………Respondent Judgment August 18, 1999. Lawyers Involved: Khondker Fazlul Quadir, Advocate—For the Applicant. Not represented— the..

Category: Fiscal/Taxation Law | Date: | Hits: 81

Eman Ali Mallik Vs. State, 2000, 29 CLC (HCD)

.... case within six months from the date of receipt of the case records from this Court. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 335.......ated 24-4-95 passed by the Special Judge, Court No. 2, Rajbari in Special Case No.13 of 1994, convicting the appellants under section 409 of the Penal Code and sentencing them thereunder to suffer RI for 2 years and to pay a fine of Taka 19,721.95 in default, to suffer RI for a further period of 1 y...... case within six months from the date of receipt of the case records from this Court. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 335.......inal Appellate Jurisdiction) Present: Gour Gopal Saha J Eman Ali Mallik……………..Appellant Vs. State ………………………..Respondent Judgment January 25, 2000. Lawyers Involved: Serajul Islam, Advocate—For the Appellants. (In both the appeals) FKM Ahsa..

Category: Criminal Law | Date: | Hits: 43

Jamal Uddin alias Md. Jamal Uddin Vs. State, 2000, 29 CLC (HCD)

....e immediate steps for securing his arrest to serve out the sentence imposed upon him. Send down the Lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 330.......1-3-86 passed in GR case No.311 of 1985 convicting accused petitioner Jamal Uddin alias Md. Jamal Uddin under section 279 of the Penal Code and sentencing him thereunder to suffer simple imprisonment for 6 months and further convicting him under section 304B of the Penal Code and sentencing him ther......e immediate steps for securing his arrest to serve out the sentence imposed upon him. Send down the Lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 330....... Present: Gour Gopal Saha J Jamal Uddin alias Md. Jamal Uddin……………………Petitioner Vs. State………………………….Opposite Party Judgment January 26, 2000. Lawyers Involved: Not represented—the Petitioner. FKM Ahsan Mahbub, Assistant Attorney-Gener..

Category: Criminal Law | Date: | Hits: 37

A Jabber Howlader Vs. Ali Akbar Howlader and State, 1999, 28 CLC (HCD)

....end down the LC Records along with a copy of this judgment to the District Magistrate, Jhalakati, for disposal of this case as per law. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 329.......ondent under section 247 of the Code of Criminal Procedure. 2. The appellant as complainant filed a petition of complaint in the court of Thana Magistrate, Jhalakati against the accused-respondent for the alleged offence under sections 406/420 of the Penal Code. The learned Magistrate on receipt ......end down the LC Records along with a copy of this judgment to the District Magistrate, Jhalakati, for disposal of this case as per law. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 329....... Md. Hassan Ameen J A Jabber Howlader.……………………….Appellant Vs. Ali Akbar Howlader and State………………………………Respondents Judgment July 21, 1999. Lawyers Involved: Syed Ziaul Karim, Advocate—For the Complainant-Appellant. Not represented ..

Category: Criminal Law | Date: | Hits: 63

Babar Hossain Vs. State, 2000, 29 CLC (HCD)

.... Magistrate of the 1st Class, Chouddagram and the Deputy Commissioner Comilla immediately for their information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 326. ...... Magistrate of the 1st Class, Chouddagram in GR Case No.22 of 1989 convicting the accused petitioner under section 304B of the Penal Code and sentencing him thereunder to suffer Rigorous Imprisonment for two years. 2. The prosecution case, in short, is that Abdur Rashid, Officer-in-charge of Chou...... Magistrate of the 1st Class, Chouddagram and the Deputy Commissioner Comilla immediately for their information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 326. ...... Present: Gour Gopal Saha J Babar Hossain………….………………Petitioner Vs. State…………………………………….Opposite Party Judgment January 26, 2000. Lawyers Involved: Shahnaz Hoque, Advocate—For the Petitioner. FKM Ahsan Mahbub, Assistant At..

Category: Criminal Law | Date: | Hits: 58

Shawn Apparels Ltd. Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)

....ecretary of Finance (IRD), 2) Secretary, Ministry of Commerce, 3) Chairman, the National Board of Revenue for necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 316. ......and 1-10-97 should not be declared to have been made without lawful authority and is of no legal effect and why the respondents should not be directed to release the goods in favour of the petitioner for In-Bond Ware Housing. 2. The petitioner is a private limited Company incorporated under the C......ecretary of Finance (IRD), 2) Secretary, Ministry of Commerce, 3) Chairman, the National Board of Revenue for necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 316. ......¦â€¦â€¦â€¦â€¦â€¦.Petitioner Vs. Commissioner of Customs and others……………Respondents Judgment December 8, 1998. Cases Referred To- AIR 1937 (PC) 114; 1966 PLD (SC) 724. Lawyers Involved: Syed Istiaque Ahmed with Shafique Ahmed and Kazi Kamrul Alam, Advocates—For t..

Category: Fiscal/Taxation Law | Date: | Hits: 83

Rabia Bashri Irene and another Vs. Bangladesh Biman Corporation, represented by MD. & another, 2000, 29 CLC (HCD)

....pondents are to take steps accordingly without delay. In the result, these Rules are made absolute without any order as to costs. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 308. ...... Judgment March 5, 2000. Cases Referred to- Attorney-General of Hong Kong Vs. Ng Yuen Shiu 1983 AC Vol. 2 page 629; House of Lords, Council of Civil Service Union and others Vs. Minister for the Civil Service, 1985 AC 374. Lawyers Involved: Ajmalul Hossain with Mvi Md. Wahidullah ......pondents are to take steps accordingly without delay. In the result, these Rules are made absolute without any order as to costs. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 308. ......s Referred to- Attorney-General of Hong Kong Vs. Ng Yuen Shiu 1983 AC Vol. 2 page 629; House of Lords, Council of Civil Service Union and others Vs. Minister for the Civil Service, 1985 AC 374. Lawyers Involved: Ajmalul Hossain with Mvi Md. Wahidullah and Iftekhar Ahmed and Younus Halder, A..

Category: Employment/Service Law | Date: | Hits: 113

Shahabuddin Ahmed Vs. Abdur Rab Molla & others, 1999, 28 CLC (HCD)

....1992, is set aside. In the result, the Rule is made absolute but without any order as to costs. Send down the records forthwith. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 305. ......opposite party Nos.1 to 3 were the joint mutawallis in respect of Panch Peer Darga Waqf Estate bearing Ex No.6831 of village Bhagalpur, police station, Sonargaon, in the District of Narayanganj. The aforesaid local musallis of the area being dissatisfied with the functions of the aforesaid joint mut......1992, is set aside. In the result, the Rule is made absolute but without any order as to costs. Send down the records forthwith. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 305. ......¦..Petitioner Vs. Abdur Rab Molla & others …………………….Respondents Judgment July 20, 1999. Case Referred To- Hari Pada Dutta Vs. Jay Gopal Mukherjee, 39 CWN 934. Lawyers Involved: Mir Mahfuzur Rahman, Abdus Salam Mondal, Rana Mahmuda, Advocates—For the Peti..

Category: Trust/Waqf Law | Date: | Hits: 189

Golam Mostafa (Md.) and 2 others Vs. Bangladesh Jute Mills Corporation and others, 1999, 28 CLC (HCD)

....es are made absolute without any order as to costs. The respondents are accordingly directed to reinstate the petitioners in service. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 299. ......he Respondents. Writ Petition No. 7254 of 1997 with Writ Petition No.7255 of 1997 and Writ Petition No. 7301 of 1997. Judgment Md. Fazlul Karim J. - These Rules are taken up together for hearing and disposed of by the single judgment as common question of law and facts are involved.......es are made absolute without any order as to costs. The respondents are accordingly directed to reinstate the petitioners in service. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 299. ...... 1999. Cases Referred to- Malik Afzal Hossain Vs. Bangladesh Jute Mills Corporation and others 18 BLD (AD) 686; Md. Torab Ali Vs. Bangladesh Textile Mills Corporation and another 41 DLR 138. Lawyers Involved: Md. Khalilur Rahman, Syeda Afsar Jahan, Advocates—For the Petitioners. Tuf..

Category: Employment/Service Law | Date: | Hits: 87

Lakshmi Bazar Shahi Masjid Committee and another Vs. St Francis Xavier’s Girls High School, 1999, 28 CLC (HCD)

....ranted at the time of issuance of the Rule stands vacated. Let a copy of this judgment be sent to the concerned Court below immediately. Ed. This Case is also Reported in: 51 DLR (1999) 557. ......AK Badrul Huq J. - This Rule arising out of an application under section 115 of the Code of Civil Procedure appears in the list today as Item No. 2 in the name of Mr. Korban Ali, the learned Advocate for defendant-petitioners and SS Halder, the learned Advocate for the sole plaintiff-opposite party.......ranted at the time of issuance of the Rule stands vacated. Let a copy of this judgment be sent to the concerned Court below immediately. Ed. This Case is also Reported in: 51 DLR (1999) 557. ......ite Party Judgment August 12, 1999. Cases Referred To- Darshatullah vs. Manik Mondal and others, 1984 BLD (AD) 234 and Safaruddin and others vs. Fazlul Huq and others, 49 DLR (AD) 151. Lawyers Involved: Not Represented — the Petitioners. SS Halder, Advocate—For the Opposite..

Category: Property Law | Date: | Hits: 68

Maksuda Akhter Vs. Md. Serajul Islam, 1999, 28 CLC (HCD)

....red on his own application and in case of failure the law will come into force in the manner as aforesaid. No order is passed as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 554.......he judgment and order dated 16-11-98 passed in Family Execution Case No. 3 of 1998 by the 4th Court of the Additional Assistant Judge, Dhaka, rejecting application, of the decree holder dated 4-11-98 for directing the judgment debtor opposite party Md. Serajul Islam to suffer imprisonment, for failu......red on his own application and in case of failure the law will come into force in the manner as aforesaid. No order is passed as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 554.......on (Civil) Present: Abu Sayeed Ahammed J Maksuda Akhter…………………… Petitioner Vs. Md. Serajul Islam…………………….Respondent Judgment August 4, 1999. Lawyers Involved: Rabeya Bhuiyan, Advocate —For the Petitioner. Aziz Ahmed Chowdhury, Advoca..

Category: Family Law | Date: | Hits: 162

Ibrahim Cotton Mills Ltd. and others Vs. Chittagong Chamber of Commerce and Industry and others, 1999, 28 CLC (HCD)

....he Companies Act be returned to the petitioner. The petitioner may refer the matter to the said Arbitration Tribunal, if so advised. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 538.......ber of Commerce and Industry as petitioners have filed an application under section 43 of the Companies Act, 1994 against the Chittagong Chamber of Commerce and Industry and 200 others as respondents for rectification of the register of members of the Chittagong Chamber of Commerce and Industry. ......he Companies Act be returned to the petitioner. The petitioner may refer the matter to the said Arbitration Tribunal, if so advised. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 538....... Mills Ltd. and others………………………………. Petitioners Vs. Chittagong Chamber of Commerce and Industry and others………………Respondents Judgment May 18, 1999. Lawyers Involved: Syed Ishtiaq Ahmed with Rokanuddin Mahmud and Adilur Rahman Khan, Shahnewaz Akh..

Category: Company Law | Date: | Hits: 198

Jalal Uddin Ahmed (Md.) and others Vs. Delwar Hossain and others, 1999, 28 CLC (HCD)

....nths from the date of receipt of this order. No costs. The office is directed to communicate this order at once to the appellate Court. Ed. This Case is also Reported in: 51 DLR (1999) 552.......No. 4341 of 1998 and Civil Revision No. 4342 of 1998. Judgment Abu Sayeed Ahammed J. - Since both the Rules are between the same parties and on the same point of law, they are taken up together for hearing and are disposed of by this one judgment. 2. The petitioners in both the Rules are pr......nths from the date of receipt of this order. No costs. The office is directed to communicate this order at once to the appellate Court. Ed. This Case is also Reported in: 51 DLR (1999) 552....... Judgment August 3, 1999. Cases Referred to- Matilal Sikdek vs. Benodini Dashi and others, reported in 28 DLR (AD) 5 and Jamiyar Ali vs. Mrs. Chemon Ara Begum and others, 20 DLR 480. Lawyers Involved: Miah Abdul Gafur, Advocate — For the Petitioners. Md. Nurul Hoq, with AKM ..

Category: Property Law | Date: | Hits: 58