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.... preparation of paper books is disÂpensed with as prayed for.
The order of stay granted earlier is extended till disposal of the appeal.
Ed.
This Case is also Reported in: VII ADC (2010) 631.......uary 17, 2010.
Lawyers Involved:
A.B. Roy Chowdhury, Advocate intrudÂed by Habibur Rahman Miah, Advocate-on-Record-For the Petitioners.
Not repÂresented- the Respondents.
Civil Petition for Leave to Appeal No. 1800 of 2009.
(From the judgment and order dated the 25th day of May, 200...... preparation of paper books is disÂpensed with as prayed for.
The order of stay granted earlier is extended till disposal of the appeal.
Ed.
This Case is also Reported in: VII ADC (2010) 631.......in J
Dilip Datta and another…………………….....Petitioners
Vs.
Additional Deputy Commissioner (Revenue), Brahmanbaria and others........Respondents
Order
January 17, 2010.
Lawyers Involved:
A.B. Roy Chowdhury, Advocate intrudÂed by Habibur Rahman Miah, Advocate-on-Rec..
Category: Property Law | Date: | Hits: 27
Commissioner of Taxes Vs. Aleaf Enterprise, 2001, 30 CLC (HCD)
....n accordance with law. The result, therefore, is that the question raised is answered in the affirmative. There be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 471. ......me Tax Ordinance, 1984 at the instance of the Commissioner of Taxes Zone-7 Dhaka arises out of an order dated 9-9-96 passed by the Taxes Appellate Tribunal, Single Bench, Dhaka in ITA No. 2534/95-96, for the assessment year 1992-93. 2. In pursuance of the notice under sections 79 and 83(1) of the......n accordance with law. The result, therefore, is that the question raised is answered in the affirmative. There be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 471. ......tries Model Town, Lahore vs. Central Board of Revenue; Government of Pakistan Taxation Vol. 17 page 247; Assessee vs. Department 1993 BTD 31; Colonial Sugar Refining Co. vs. Irring (1905 AC 369). Lawyers Involved: Sarder Jinnat Ali, Assistant Attorney-General — For the Applicant. AFM Fer..Category: Fiscal/Taxation Law | Date: | Hits: 55
Pubali Bank Ltd. Vs. Md. Mamunur Rahman and Another, 2001, 30 CLC (HCD)
....without any order as to cost. The counter-claim of the defendant No.1 is dismissed as not maintainable. Send down the records forthwith. Ed This Case is also Reported in: 54 DLR (2002) 458.......s of money towards liquidation of its loan liabilities from time to time but since 24-6-1986 did not make any repayment towards its loan. As such, the plaintiff bank was constrained to file this suit for recovery of Taka 16,45,750 as on February 1988, against defendants. The defendant No.1 contested......without any order as to cost. The counter-claim of the defendant No.1 is dismissed as not maintainable. Send down the records forthwith. Ed This Case is also Reported in: 54 DLR (2002) 458....... Vs. Md. Mamunur Rahman and Another………. Respondents Judgment December 9, 2001. Case Referred To- Sultana Jute Mills Ltd vs. Agrani Bank 1994 BID (AD) 196=46 DLR (AD) 174. Lawyers Involved: Mohammad Hossain, Advocate—For the Appellant. Habibul Islam Bhuiyan, Senio..Category: Civil Law | Date: | Hits: 79
Ali Sikder (Md.) Vs. Government of Bangladesh & Others, 2002, 31 CLC (HCD)
....a substantial question of law as to the interpretation of Constitution. His prayer for certificate is refused as we do find the case to be so. Ed. This Case is also Reported in: 54 DLR (2002)453.......999 (Annexure G to the petition) shall not be declared to have been made without any lawful authority and why the respondents shall not be directed to deliver the possession of 3 godowns belonging to former APC (Rally) Oil Mill located at Strand Road Chittagong under control and supervision of respo......a substantial question of law as to the interpretation of Constitution. His prayer for certificate is refused as we do find the case to be so. Ed. This Case is also Reported in: 54 DLR (2002)453....... Others……….. Respondent Judgment January 22 & 23, 2002. Case Referred To- Sharping Matshajibi Samabaya Samity Ltd. vs. Bangladesh and others 39 DLR (AD) held not applicable. Lawyers Involved: Abdul Momen Chowdhury with Md. Zahurul Islam, Advocates—For the Petitioner. ..Category: Property Law | Date: | Hits: 22
....dated 25-10-1999 Annexure A to the Writ Petition is hereby declared to have been made without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 54 DLR (2002) 448.......aim in that their notices at all relate to the land of Sadrul Hasan which does not devolve the land purchased by the petitioner and her husband. The respondent No. 1 served a notice dated 25-10-1999 for eviction in eviction Case No. 5 upon the petitioner on 26-10-1999 issued in the name of the peti......dated 25-10-1999 Annexure A to the Writ Petition is hereby declared to have been made without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 54 DLR (2002) 448.......hers…………...Respondents
Judgment
May 12, 2000.
Case Referred To-
Ralli Brothers Ltd. Chittagong vs. Province of East Pakistan and Others, PLD 1966 (SC) 409 = 17 DLR (SC) 629.
Lawyers Involved:
KZ Alam with Md. Shorful Islam Khan, Afreen Mohiuddin, Advocates—For the Peti..
Category: Property Law | Date: | Hits: 22
Moniruzzaman (Md.) Vs. ANM Didar-e-Alam and others, 2002, 31 CLC (HCD)
.... time of issuance of the Rule staying further proceeding of the case is recalled. Send down a copy of the order to the court below immediately. Ed This Case is also Reported in: 54 DLR (2002)445.......hort period but he failed to clear up the dues and lastly, he issued a cheque of Taka 50,000 only on 15-6-2000 drawn on Sonali Bank, Kallyanpur, Dhaka. The complainant produced the cheque in the Bank for encashment but it was dishonoured due to insufficiency of fund in his relevant account. Thereaft...... time of issuance of the Rule staying further proceeding of the case is recalled. Send down a copy of the order to the court below immediately. Ed This Case is also Reported in: 54 DLR (2002)445....... Judgment June 18, 2002. Cases Referred To- Ali Akkas vs. State 1997 BLD (AD) 44 = 2 BLC (AD) 16; Nurul Islam vs. State and another 49 DLR 464; Salauddin (Md.) vs. State 51 DLR 299. Lawyers Involved: Mohammad Ali Zinnah, Advocate—For the Appellant. Md. Khurshid Alam Khan, A..Category: Criminal Law | Date: | Hits: 29
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2001, 30 CLC (HCD)
.... impugned Judgment and decree calling for interference by the Court. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 440....... Subordinate Judge, Noakhali in Other Class Suit No. 85 of 1967. 2. The opposite party Nos. 1-4 as plaintiffs instituted Other Class Suit No. 85 of 1967 in the Court of Subordinate Judge, Noakhali for declaration that the suit property as described in Schedule A to the plaint measuring an area of...... impugned Judgment and decree calling for interference by the Court. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 440.......d To- Sahera Khatun and another vs. Anwara Khatun and ors 1 BCR 126 = 33 DLR 442; Hasmat Ali vs. Mofizuddin Majhi and others 37 DLR 231; Nurunnesa and ors vs. Babar Ali Bepari 33 DLR (AD) 124. Lawyers Involved: AFM Shahid, Mehir Kanti Majumder with Nahid Yeasmin, Advocates—For the Petiti..Category: Property Law | Date: | Hits: 23
Tajul Islam Vs. Gobinda Prashad Das and others, 2000, 29 CLC (HCD)
....harged. In the result, the Rules are discharged. The order of stay granted earlier at the time of issuance of the Rules are hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002)436.......64): AIR 1969 Supreme Court 17(V56C—7); Abdul Gani vs. State 24 DLR 230(162); Hussain Mohammad Ershad vs. State, 45 DLR (AD) 48. Lawyers Involved: Md. Mahbub Ali with Reba Kaniz, Advocates— for the Petitioner (In Criminal Miscellaneous Case No. 6544 of 2000) Abdus Salam Mamun, Advocate ......harged. In the result, the Rules are discharged. The order of stay granted earlier at the time of issuance of the Rules are hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002)436.......ngh and another vs. State of Rajasthan,1969 CrILJ 262 (Vol. 75 CN 64): AIR 1969 Supreme Court 17(V56C—7); Abdul Gani vs. State 24 DLR 230(162); Hussain Mohammad Ershad vs. State, 45 DLR (AD) 48. Lawyers Involved: Md. Mahbub Ali with Reba Kaniz, Advocates— for the Petitioner (In Criminal Mi..Category: Criminal Law | Date: | Hits: 62
.... and orders and cancellation of the registration of the petitioner union.
Accordingly the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002)430.......shall not be declared illegal, without lawful authority and to be of legal effect and also to show cause as to why registration of petitioner’s Union shall not be restored.
2. The facts relevant for disposal of the rule are that the petitioner union got its registration as Trade Union having re...... and orders and cancellation of the registration of the petitioner union.
Accordingly the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002)430.......€¦â€¦..Respondent
Judgment
December 3, 2000.
Cases Referred To-
AIR 1975 (SC) 2023; AIR 1970 (SC) 1407; AIR 1973 (SC) 2032; AIR 1975 (SC) 2023; AIR 196O (SC) 610; AIR 1970 (SC) 1047.
Lawyers Involved:
Mohammad Ozair Farooq with Shakhawat Hossain, Advocates — For the Petitioner...
Category: Labour and Industrial Law | Date: | Hits: 158
Sarwar Garments Ltd. Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....ose of the inquiry initiated by her under section 13(2) (b) of the Customs Act expeditiously and as early as possible in accordance with law. Ed. This Case is also Reported in: 54 DLR (2002) 420....... bonded warehouse licence No. 487/Cus-SBW/85 dated 8-9-1985 of the petitioner Company under section 13(3) of the Customs Act, 1969. 4. The petitioner Company established a Garments Factory in 1984 for producing readymade garments by mechanical and manual process and for manufacturing men’s shir......ose of the inquiry initiated by her under section 13(2) (b) of the Customs Act expeditiously and as early as possible in accordance with law. Ed. This Case is also Reported in: 54 DLR (2002) 420.......M Shafiuddin J Sarwar Garments Ltd…………………….Petitioner Vs. Chairman, National Board of Revenue and ors………………. Respondents Judgment August 13 and 14, 2001. Lawyers Involved: M Amir-ul Islam with Dr. Shirin S Chowdhury and Manzil Murshed, Advocates—For..Category: Fiscal/Taxation Law | Date: | Hits: 63
Ferdousi Islam Vs. Nur Mohammad Kha and others, 2000, 29 CLC (HCD)
.... is set aside. The trial Court is directed to proceed with the trial in accordance with law from the stage before passing the impugned order. Ed. This Case is also Reported in: 54 DLR (2002) 418....... AKM Zahirul Haque, Assistant Attorney-General — For the Respondents. Criminal Revision No. 354 of 1998. Judgment Amirul Kabir Chowdhury J. - This Rule was issued at the instance of the informant-petitioner calling upon the opposite parties to show cause as to why order No. 28 dated 13-4...... is set aside. The trial Court is directed to proceed with the trial in accordance with law from the stage before passing the impugned order. Ed. This Case is also Reported in: 54 DLR (2002) 418.......Kabir Chowdhury J Abdul Aziz J Ferdousi Islam………….………………….Petitioner Vs. Nur Mohammad Kha and others………… Respondents Judgment October 25, 2000. Lawyers Involved: Syed Ziaul Karim, Advocate — For the Petitioner. AKM Zahirul Haque, Assist..Category: Criminal Law | Date: | Hits: 33
Mustafa Kabir Uddin Ahmed Vs. Badrun Nessa Chowdhury, 2002, 31 CLC (HCD)
....hus disposed of on the above terms and conditions. Let the lower court’s records down expeditiously with a copy of this judgment and order. Ed. This Case is also Reported in: 54 DLR (2002) 416.......the learned Additional District Judge, 3rd Court, Dhaka shall not be set aside or such order or further order or orders passed as to this Court may seem fit and proper. 2. The short facts relevant for the purpose of disposal of this Rule is that plaintiff-petitioner filed Title Suit No.337 of 198......hus disposed of on the above terms and conditions. Let the lower court’s records down expeditiously with a copy of this judgment and order. Ed. This Case is also Reported in: 54 DLR (2002) 416........ Badrun Nessa Chowdhury……………..Opposite Party Judgment April 3, 2002. Case Referred To- AZM Khalilur Rahman vs. Md. Syed Hossain and ors 25 DLR 485; AIR 1934 All, 450. Lawyers Involved: Samarendra Nath Goswami, Advocate—For the Petitioner. Not represented — ..Category: Procedural Law | Date: | Hits: 83
....any direction in accordance with law in case of holding of any big congregation.
With the observations made above the rule is disposed of.
Ed.
This Case is also Reported in: 54 DLR (2002) 413........
Writ Petition No. 388 of 2002.
Judgment
Md. Hamidul Haque J. - This Rule was issued calling upon the respondents to show cause as to why they should not be directed to take necessary steps for peaceful entry of the petitioner and his devotees to his Dewanbagh Darbar Sharif to hold and arr......any direction in accordance with law in case of holding of any big congregation.
With the observations made above the rule is disposed of.
Ed.
This Case is also Reported in: 54 DLR (2002) 413.......h and others………… Respondents
Judgment
July 7, 2002.
Cases Referred To-
Golam Abbas vs. State of UP AIR 1981 (SC) 2198; Bangladesh vs. Hossain Mohammad Ershad 52 DLR (AD) 172.
Lawyers Involved:
Fazlul Karim with Rafiqul Islam, Rabia Bhuiyan and AKM Mujibur Rahman, Advocate..
Category: Property Law | Date: | Hits: 25
Osi Meah Sowdager Vs. Tulsidham Akherar Madan Mahan Narasingha and others, 2002, 31 CLC (HCD)
....the learned 1st Court of Subordinate Judge, Chittagong for his information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)409....... 1979, whereby Other Suit Nos. 49 of 76 and 130 of 76 were decreed and Other Suit No. 87 of 79 was dismissed on contest. 2. No one appears to support the Rules. 3. These Rules have been pending for disposal for over 16 years and all further proceedings of the relevant execution cases have rema......the learned 1st Court of Subordinate Judge, Chittagong for his information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)409.......esent: Gour Gopal Saha J Osi Meah Sowdager……. Petitioner Vs. Tulsidham Akherar Madan Mahan Narasingha and others ………………Opposite Parties Judgment May 13, 2002. Lawyers Involved: Not represented— the Petitioner. Bhishna Dev Chakroborty, Advocate—For t..Category: Civil Law | Date: | Hits: 69
Golam Mohammad Khan Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....ed illegally and, as such, we find no substance in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002)405.......udgment Md. Hamidul Haque J.- This Rule was issued calling upon the respondents to show cause as to why the detenu Al-Haj Mokbul Hossain now detained in Dhaka Central Jail, should not be brought before this Court so that it may satisfy itself that he is not being held in custody illegally and wit......ed illegally and, as such, we find no substance in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002)405.......pondents Judgment January 16, 2002. Cases referred To- Mostafizur Rahman vs. Bangladesh 44 DLR 317; Habiba Mahmud 54 DLR (AD) 89; H Saha vs. State of West Bengal AIR 1974 (SC) 2124. Lawyers Involved: M Amirul Islam, Advocate — For the Petitioner. Zaman Akter, Assistant Atto..Category: Criminal Law | Date: | Hits: 60
Tofail Ahmed Vs. Bangladesh, 2001, 30 CLC (HCD)
....ten) days of receipt of this judgment. Advance copy of the order portion may be communicated to the respondents at the cost of the petitioner. Ed. This Case is also Reported in: 54 DLR (2002)403.......be declared to be without lawful authority and of no legal effect. 2. Mr. Rokanuddin Mahmud appeared on behalf of the petitioner, and at the very outset he has pointed out the petitioner was not informed of the reasons for impounding his passport. An Inspector of Police of Special Branch, Dhaka, ......ten) days of receipt of this judgment. Advance copy of the order portion may be communicated to the respondents at the cost of the petitioner. Ed. This Case is also Reported in: 54 DLR (2002)403.......¦.. Petitioner Vs. Bangladesh………… Respondent Judgment December 11, 2001. Cases Referred To- Syed Mokbul Hossain vs. Bangladesh 44 DLR 39; AR Shams Md. Doha 46 DLR 405. Lawyers Involved: Rokanuddin Mahmud, Advocate — For the Petitioner. Abul Khair Azim, Advocat..Category: Others | Date: | Hits: 102
Makbul Ahmed and others Vs. Mohammedullah and others, 2000, 29 CLC (HCD)
....f 1983. 15. Having regard to the facts and circumstances of the case there will be no order as to costs. Send down the record at once. Ed. This Case is also Reported in: 54 DLR (2002) 399.......Miscellaneous Case No. 324/80 recording the order of the High Court Division dated 7-12-83. 2. The opposite parties as plaintiffs instituted Title Suit No. 545/76 in the Court of Subordinate Judge for declaration of title, which was decreed ex parte on 29-9-80 and the present petitioner on 11-11-......f 1983. 15. Having regard to the facts and circumstances of the case there will be no order as to costs. Send down the record at once. Ed. This Case is also Reported in: 54 DLR (2002) 399.......es Judgment November 7, 2000. Cases Referred To- MA Wahab and another vs. Abul Kalam and another 44 DLR (AD) 13; Mohammad Ramzan Sawadagar vs. AHM Fazlul Huq 15 DLR 99; 34 DLR 325. Lawyers Involved: Syed Mahmud Hossain, Advocate—For the Petitioner. Nikhilesh Dutta, Advocat..Category: Procedural Law | Date: | Hits: 62
Abul Member and Abul Hussain Vs. Secretary, Ministry of Home Affairs and others, 2002, 31 CLC (HCD)
....tention order of the detenu is illegal and, as such, the Rule is liable to be discharged. Accordingly, the Rule is liable to be discharged. Ed. This Case is also Reported in: 54 DLR (2002)392.......the Criminal Procedure Code and thereafter the order of detention dated 12-2-2002 was issued by the learned District Magistrate, Dhaka under section 3(2) of the Special Powers Act, 1974 detaining him for a period of 30 days and the grounds of detention was served upon him duly. Subsequently, fresh o......tention order of the detenu is illegal and, as such, the Rule is liable to be discharged. Accordingly, the Rule is liable to be discharged. Ed. This Case is also Reported in: 54 DLR (2002)392....... Vs. Secretary, Ministry of Home Affairs and others...……….Opposite Party Judgment June 17, 2002. Case Referred To- Habiba Mahmud vs. Bangladesh & others 45 DLR (AD) 89. Lawyers Involved: Md. Ozair Farooq with Monowar Hassain, Advocates—For the Petitioner. ABM W..Category: Criminal Law | Date: | Hits: 22
....rection upon the appellant to reinstate the respondent No.1 Md. Gholam Kibria in his post forthwith. There shall be no order as to cost.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 497.......of the Inspector of Schools, Secondary and Higher Secondary Education Board, Dhaka addressed to Principal of Bangladesh Rifles School and College, BDR Head Quarters, Peel Khana, Dhaka.
2. By the aforesaid Memo, the Inspector of Schools directed the Principal of Bangladesh Rifles School and Colle......rection upon the appellant to reinstate the respondent No.1 Md. Gholam Kibria in his post forthwith. There shall be no order as to cost.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 497......., Bangladesh Rifles Head Quarters, Peel Khana, Dhaka and others..................Appellants
Vs.
Md. Gholam Kibria and others..........................Respondents
Judgment
June 2, 2010.
Lawyers Involved:
Syed Amirul Islam, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Rec..
Category: Employment/Service Law | Date: | Hits: 133
Managing Director, Bangladesh Krishi Bank Vs. Gopal Chandra Nath and others, 2010, 39 CLC (AD)
....nal suffers from no error of law calling for interference by this Court and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 494.......ate-on-Record- For the Petitioners N. K. Saha, Advocate instructed by Md. Nurul Islam Bhuiyan, Advocate-on-Record- For Respondent No.1. Not represented-Respondent Nos. 2-7. Civil Petition for Leave to Appeal No. 2055 of 2009. (From the judgment and order dated 09.07.2009 passed by the......nal suffers from no error of law calling for interference by this Court and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 494.......Commercial Area, Dhaka-1000 and another....................................Petitioners Vs. Gopal Chandra Nath and others..............................Respondents Judgment July 4, 2010. Lawyers Involved: Dr. Kazi Akther Hamid, Advocate instructed by Md. Abu Siddique, Advocate-on-Rec..Category: Administrative Law | Date: | Hits: 258
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