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Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)
....ourt Division (Special original jurisdiction) Present: Naimuddin Ahmed J Md. Rahul Amin J Aftab Uddin (Md.)....................................................Petitioner Vs. Bangladesh, represented by Secretary, Ministry of establishment, Government of the People’s Republic of...... Majumder, the learned Advocates for the petitioner. The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ......ed this literal, interpretation by emphasizing the intent and purpose of this Article asserting that the provision relating to consultation with the Supreme Court has been embodied in this Article in order to ensure independence of the persons employed in the Judicial service and also to ensure that...... Majumder, the learned Advocates for the petitioner. The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ..Category: Employment/Service Law | Date: | Hits: 173
.... name of their co-operative Society.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 98.
......nst the Government is maintainable whether it is filed by the ex-rent receivers directly or in the name of their co-operative Society.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 98.
...... Respondent Nos. 2 & 3.
Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record - For the respondent No. 28.
Civil Appeal No.118 of 1982.
(From the Judgment and order of the High Court Division of Jessore dated 4th September, 1982 passed in Civil Rule No.32 (......nst the Government is maintainable whether it is filed by the ex-rent receivers directly or in the name of their co-operative Society.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 98.
..
Category: Procedural Law | Date: | Hits: 68
Bangladesh Vs. M/s. Mashrique Textiles and others, 1982, 11 CLC (AD)
.... There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 66. ......at the agreement be filed in Court must, however, stand. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 66. ......parties. In the facts and circumstances of the case, I hold that provisions of section 20 of the Arbitration Act can be invoked in the instant case.” In decreeing the suit on contest the precise orders passed by the learned Subordinate Judge are as follows: “1. The arbitration agreement be......at the agreement be filed in Court must, however, stand. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 66. ..Category: Alternative Dispute Resolution | Date: | Hits: 147
Zebunnessa Vs. Commissioner of Income Tax North (Zone), Dacca, 1982, 11 CLC (AD)
....ions made above. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 56.......ve the question of assessment open for determination by the Department in the light of the observations made above. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 56.......mination of bonafide annual value at Tk.1,80,000/- is illegal and not based on any legal evidence. 4. The Inspecting Joint Commissioner of Taxes, however, rejected the objection, against the said order the assessee took an appeal before the Income Tax Appellate Tribunal but without any success. ......ve the question of assessment open for determination by the Department in the light of the observations made above. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 56...Category: Fiscal/Taxation Law | Date: | Hits: 88
Abdul Haque Miah and another Vs. Abdul Rashid & another, 1982, 11 CLC (AD)
....urt is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 54. ...... Division confirming the order of the lower appellate court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 54. ......structed by Kazi Ebadul Hoq, Advocate-on-Record - For the Appellants. Sharifuddin Chakladar, Advocate-on-Record - For the Respondent No.1. Civil Appeal No. 82 of 1981. (From the judgment and order dated 4th May, 1982 passed by the High Court Division in Civil Order No. 689 of 1981) Judgm...... Division confirming the order of the lower appellate court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 54. ..Category: Property Law | Date: | Hits: 72
Abdur Rahman and others Vs. Sultan ® Sultan & others, 1982, 11 CLC (AD)
.... of the High Court Division is set aside. Ed. This Case is also Reported in: 35 DLR (1983) 51. ......any equitable relief. In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. This Case is also Reported in: 35 DLR (1983) 51. ......y Zinnur Ahmed, Advocate-on-Record - For the Appellants. Ex-parte - Respondent Nos.5 & 6. Civil Appeal No.85 of 1981 Arising out of C.P.S.L.A. No.188 of 1981. On appeal from the judgment and order dated, 3-3-1981 passed by the High Court Division in Civil Revision No.1122 of 1977. Judgme......any equitable relief. In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. This Case is also Reported in: 35 DLR (1983) 51. ..Category: Procedural Law | Date: | Hits: 72
Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
....f the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ......show under what authority he claims to hold that office. (3) Notwithstanding anything contained in the foregoing clauses, the High Court Division shall have no power under this article to pass any interim or other order in relation to any law to which Article 47 applies. (4) Whereon an applica...... collapse, the civil administration has become unable to effectively function, wanton corruption at all levels has become permissible part of life causing unbearable sufferings to the people, law and order situation has deteriorated to an alarming state seriously threatening peace, tranquillity, sta......n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ..Category: Constitutional Law | Date: | Hits: 181
Md. Anowarul Mustakin and another Vs. State, 2011, 40 CLC (HCD)
.... prosecution case, in short, is that the informant and Md. Quamruzaman were on duty in the bus terminal on 13.11.98 from 8:15 a.m. At about 14.00 hours they received a secret information that Indian made phensedyl will be sent to Dhaka by Modern Enterprise Bus. Getting this information the informant......scharged from their respective bail bonds. Send down the lower Court records with a copy of this judgment immediately. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......sis of the said ejahar Boalia Police Station Case No.13 dated 13.11.98 was started. 4. After investigation the Investigating Officer submitted charge sheet against the convict appellants. 5. In order to substantiate the allegation against the appellants the prosecution in all examined as many ......scharged from their respective bail bonds. Send down the lower Court records with a copy of this judgment immediately. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 68
Ganesh Oil Mills Vs. Commissioner of Income Tax, 1978, 7 CLC (AD)
....f 1969). Judgment KM Subhan J.- This appeal by the assessee by special leave arises from Judgment and Order passed by the Division Bench of the High Court Division to which a reference was made under section 17(1) of the Sales Tax Act by the Income Tax Appellate Tribunal. 2. Facts nece......question correctly. The answer must therefore be in the negative. The appeal is accordingly allowed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 56. ......) of the said Act. The assessee on the same date stated that he had “no objection to the proposed rectification under section 30(1)”. 3. The Sales Tax Officer accordingly passed a rectified order on 12-9-62 pointing out that sale of Til oil and Linseed oil amounting to Rs. 1,36,107 adopt......question correctly. The answer must therefore be in the negative. The appeal is accordingly allowed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 56. ..Category: Fiscal/Taxation Law | Date: | Hits: 77
Md. Wasiq Khan Vs. Md. Sabiq Khan and others, 1978, 7 CLC (AD)
....al. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ...... with costs. The decisions of the courts below are set aside. The Miscellaneous case before the court below shall proceed as usual. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ......der Chowdhury J.- This appeal by special leave arises out of a judgment passed by the High Court Division in Civil Revision No. 1177 of 1976 discharging the Rule and upholding the judgment and order of the Subordinate Judge rejecting the prayer of the appellant for hearing of the Miscellaneo...... with costs. The decisions of the courts below are set aside. The Miscellaneous case before the court below shall proceed as usual. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ..Category: Procedural Law | Date: | Hits: 80
.... Court
Appellate Division
(Criminal)
Present:
Syed AB Mahmud Hussain CJ
Kemaluddin Hossain J
Fazle Munim J
Superintendent & Remembrancer of Legal Affairs, Government of Bangladesh........Appellant
Vs.
Siddique Ahmed.........Respondent
Judgment
December 6, 1977......ed. All the sentences are to run concurrently. The Respondent will now surrender to his bail bond to serve the remainder of his sentences.
Ed.
This Case also referred in: 31 DLR (AD) (1979) 29.
......ney-General, instructed by A. Backkar, Advocate-on-record - For the Appellant.
M. Behter Ali, Advocate-on-Record - For the Respondent.
Criminal Appeal No. 13 of 1977.
(From the Judgment and order dated 13-9-1977 by the High Court of Bangladesh in Criminal Appeal No. 285 of 1970).
Judgme......ed. All the sentences are to run concurrently. The Respondent will now surrender to his bail bond to serve the remainder of his sentences.
Ed.
This Case also referred in: 31 DLR (AD) (1979) 29.
..
Category: Criminal Law | Date: | Hits: 74
Chittagong Container Transportation Company Vs. Bangladesh and others, 2009, 38 CLC (AD)
....l for the petitioner. Accordingly, the petitioner is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 37. ...... above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petitioner is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 37. ......er. Mahmuda Begum Advocate-on-Record—For the Respondent Nos.2 and 3. Not Represented—Respondent Nos.1 and 4. Civil Petition for Leave to Appeal No.1173 of 2008. (From the judgment and order dated the 23rd day of September, 2007 passed by the High Court Division in Writ Petition No.17...... above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petitioner is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 37. ..Category: Property Law | Date: | Hits: 126
Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)
....D (AD) 81 = 43 DLR (AD) 230; Ramjan Ali Mistry Vs. Hedayet Ullah, 31 DLR (AD) 183; AIR 1967 SC 389; Bombay Vs. United Motors, AIR 1958 (SC) 252; Seaford Court Estates Ltd. Vs. Asher (1949) 2 KB 481; Padmasundrao Rao (Dead) Vs. State of TN, AIR 2002 SC 1334; BR Enterprise Vs. UP, AIR 1999 SC 1867; Un......l is dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ......rendra Nath Nandi, Senior Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record—For the Appellants. Ex-Parte—the Respondents. Civil Appeal No. 218 of 2003. (From the Judgment and order dated 13-11-2001 passed by the High Court Division in Civil Revision No. 667 of 1993). Judg......l is dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ..Category: Tenancy Law | Date: | Hits: 210
Homeland Life Insurance Co. Ltd. Vs. Jahanara Begum and others, 2000, 29 CLC (HCD)
....a 200000.00 with the appellant-company and the appellant on receipt of the first premium issued a lie policy being Policy No.00002152-7 dated 28-12-1996 Respondent No.1, the wife of the insured, was made nominee in the policy. On 25-3-1997 Rafiqul Islam died whereupon the respondent No.1 made the in......he learned Subordinate judge rejecting the plaint is hereby affirmed. Send down the records at once. The order of stay granted is vacated. Ed. This Case is also Reported in: 52 DLR (2000) 666. ......espondents. First Appeal No. 117 of 1999. Judgment Md. Abdur Rashid J.- This appeal was presented by the appellant, an insurance company incorporated under the Companies Act, 1994 against an order dated 17-2-1999 of the subordinate, 5th Court at Dhaka rejecting its plaint in Title Suit No.3......he learned Subordinate judge rejecting the plaint is hereby affirmed. Send down the records at once. The order of stay granted is vacated. Ed. This Case is also Reported in: 52 DLR (2000) 666. ..Category: Business or Commercial Law | Date: | Hits: 190
Kamaluddin Ahmed Vs. Director of Trade Organisations and others, 2000, 29 CLC (HCD)
....portion be sent to DTO immediately. Ed. This Case is also Reported in:52 DLR (2000) 659. ...... Rule is disposed of without any order as to costs. Send down the record at once. Let a copy of order portion be sent to DTO immediately. Ed. This Case is also Reported in:52 DLR (2000) 659. ......ted as the President pursuant to the Articles of Association on 31-12-1998. His term as the President will continue till the Annual General Meeting following the above election is held pursuant to an order of the High Court Division in Company Matter No.100 of 1998. 4. On an application filed by ...... Rule is disposed of without any order as to costs. Send down the record at once. Let a copy of order portion be sent to DTO immediately. Ed. This Case is also Reported in:52 DLR (2000) 659. ..Category: Others | Date: | Hits: 123
Giasuddin Ahmed Chowdhury Vs. Dhaka University and others, 2000, 29 CLC (HCD)
....llor Dhaka University and others, 50 DLR 405; Mian Jamal Shah Vs. Member, Election Commission, DLR 18 (SC) 1. Lawyers Involved: Mainul Hosein with Md. Azizul Hoque, Md. Mozammel Huq and Manjur Kadir, Advocate - For the Petitioners. Shawkat Ali Khan with M Amirul Islam, Shafique Ahmed, MA H......the Senate of the Registered Graduates of Dhaka University is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 650. ......he Vice Chancellor. (c) It is true that Article 52 of the Dhaka University Order is a bar against the writ petition because it provides for appeal but an appeal under the section is against ‘the order of any officer or authority of the University’ to the Vice Chancellor. But this election pet......the Senate of the Registered Graduates of Dhaka University is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 650. ..Category: Election Law | Date: | Hits: 105
Janata Insurance Co. Vs. Islam Steel Mills, 2000, 29 CLC (HCD)
....MS No.44 of 1994, MS No.45 of 1994 and MS No.46 of 1994 are hereby confirmed. Let the records be sent down without any further delay. Ed. This Case is also Reported in: 52 DLR (2000) 642. ......in MS No.44 of 1994, MS No.45 of 1994 and MS No.46 of 1994 are hereby confirmed. Let the records be sent down without any further delay. Ed. This Case is also Reported in: 52 DLR (2000) 642. ......from the Bank not from the plaintiff and the policy was issued in favour of the Bank. The Bank was clearly described as the insured in the policy. The plaintiff cannot be held to be as the insured in order to be entitled to sue the insurance company. The suit at the instance of the plaintiff against......in MS No.44 of 1994, MS No.45 of 1994 and MS No.46 of 1994 are hereby confirmed. Let the records be sent down without any further delay. Ed. This Case is also Reported in: 52 DLR (2000) 642. ..Category: Business or Commercial Law | Date: | Hits: 211
Panna Khan and Others Vs. Birendranath Halder, 2000, 29 CLC (HCD)
....ade absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 640. ...... aside the decree of the appellate Court. The suit is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 640. ...... of the learned Subordinate Judge is liable to be set aside. Accordingly, I set aside the decree of the appellate Court. The suit is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 640. ...... aside the decree of the appellate Court. The suit is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 640. ..Category: Property Law | Date: | Hits: 55
Bangladesh Inland Water Transport Corporation Vs. M/S Broadway Shipping Limited, 2010, 39 CLC (HCD)
....he cost of the suit and the amount of interest. Ed. This Case is also Reported in: ......actual realization of decreetal amount along with the cost of the suit. The office is directed to assess the cost of the suit and the amount of interest. Ed. This Case is also Reported in: ......as such the plaintiff is entitled to the decree as to realize an amount of Tk. 66,500.00 from the defendant as an compensation for repairing cost. The Court fee paid is sufficient. Hence it is ordered, That the suit be and hereby decreed for an amount of Tk. 66,500.00 in favour of the pla......actual realization of decreetal amount along with the cost of the suit. The office is directed to assess the cost of the suit and the amount of interest. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
Fazlur Rahman & Co. Vs. M.V. CHOSUN HOPE and others, 2010, 39 CLC (HCD)
....ping Ltd. 93, Motijheel, C.A. (4th Floor), Dhaka………......Defendant Judgment March 1, 2010. Result: That the suit be decreed in part with cost. Case Referred to- M/S Shahnaj Traders Vs. MV SLETTER and others, 7 BLT (AD) 381. Lawyers Involved: Dr. M. Zahir, Senior Advoca......days from the date of decree drawn. The office is directed to calculate the interest and the cost and inform the same to the defendant within the date fixed. Ed. This Case is also Reported in: ......he prospective decree by the defendant amicably, than to sell the vessel MV CHOSUN HOPE and to apply its proceeds towards decreetal dues of the plaintiff. 3. On 20.7.1997 the plaintiff obtained an order for amendment of the plaint, whereupon the plaintiff inserted further statement of fact that t......days from the date of decree drawn. The office is directed to calculate the interest and the cost and inform the same to the defendant within the date fixed. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: | Hits: 178
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