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Ershad Ali (Md.) and another Vs. Rampada Das & others, 2004, 33 CLC (HCD)
....e. Ed. This Case is also Reported in: 58 DLR (2006) 593.......scharged with cost. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 593.......€”For the Respondents. First Miscellaneous Appeal No. 57 of 2002 with (Civil Rule No. 156 (FM) of 2002). Judgment Md. Abdur Rashid J. - Purchaser (pre-emptee) presented the appeal against an order dated 11-12-2001 passed by the Subordinate Judge. Court No, 2 at Jessore in Miscellaneous Case......scharged with cost. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 593...Category: Property Law | Date: | Hits: 69
Nurul Haque Sarker Vs. Janata Bank and others, 2006, 35 CLC (HCD)
....7-2003; thereafter, the suit was heard and on 25-9-2004 the matter was fixed for argument hearing and the argument hearing was held on several dates. On 21-10-2004 the matter was fixed for hearing on additional argument. Thereafter the matter was transferred to the learned Joint District Judge, Firs...... is set aside and the learned Joint District Judge, First Court; Narayanganj is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 589. ......gment Siddiqur Rahman Miah J. - This revisional application under section 115(4) of the Code of Civil Procedure at the instance of the plaintiff opposite party is directed against the judgment and order dated 27-11-2005 passed by the learned District Judge, Narayanganj, in Civil Miscellaneous Cas...... is set aside and the learned Joint District Judge, First Court; Narayanganj is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 589. ..Category: Civil Law | Date: | Hits: 92
State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)
....wn the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ...... Condemned prisoner Shaniram is to be set at liberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ......u, (shortly referred to as the condemned-prisoners) for commission of the offences of rape and murder and abetment thereof under section 6(2) and 6(2)/14 of the Ain, 1995 in terms of the judgment and order passed on 2-9-2003 in Nari-o-Shishu Nirjatan Daman Special Tribunal case No. 43 of 1999 renumb...... Condemned prisoner Shaniram is to be set at liberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ..Category: Criminal Law | Date: | Hits: 70
Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)
.... in the suit property, and that the plaintiffs have no locus standi or legal character to challenge the 'Kha' schedule disputed order. The further case of the contesting defendants is that at Mouja Chadkati, the land of CS khatian 30 belonged to Alif Khalifa and others and superior landlords were Sa......ned Subordinate Judge, First Court, Jhalakati, in Title Suit No. 52 of 1994 is upheld and the suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 538. ......le Suit No. 52 of 1994 in dismissing the suit. 2. The opposite party Nos. 1 to 10 as plaintiffs instituted the suit for partition in respect of 'Ka' scheduled property and for declaration that the order dated 1-11-1994 in review case No. 2 of 1994 as stated in 'Kha' scheduled land is illegal, wit......ned Subordinate Judge, First Court, Jhalakati, in Title Suit No. 52 of 1994 is upheld and the suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 538. ..Category: Property Law | Date: | Hits: 70
Kazi Md. Shafiqur Rahman Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....s of no legal effect. No order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 534.......Bichar-6/2N- 35/76 dated 25-4-2001 is declared to have been made without lawful authority and is of no legal effect. No order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 534.......o. 1. Writ Petition No. 1818 of 2001. Judgment Md. Awlad Ali J. - This Rule under Article 102 of the Constitution was issued calling upon the respondents to show cause as to why the impugned order being Memo No. 329 Bichar 6/2N-35/76 dated 25-4-2001 should not be declared to have been passe......Bichar-6/2N- 35/76 dated 25-4-2001 is declared to have been made without lawful authority and is of no legal effect. No order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 534...Category: Employment/Service Law | Date: | Hits: 81
Eskayef Bangladesh Ltd. Vs. Commissioner of Taxes, 2004, 33 CLC (HCD)
....ts. Ed. This Case is also Reported in: 58 DLR (2006) 531. ......ly, the questions in both the reference applications are answered in the affirmative and in favour of the Department. No order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 531. ......Assistant Attorney-General—For the Respondent. Income Tax Reference Application Nos. 76 & 77 of 2000. Judgment MA Wahhab Miah J. - These two reference application have arisen out of an order dated 23-4-2000 passed by the Taxes Appellate Tribunal, Division Bench-1, Dhaka, in ITA No. 14......ly, the questions in both the reference applications are answered in the affirmative and in favour of the Department. No order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 531. ..Category: Fiscal/Taxation Law | Date: | Hits: 88
Badrud Doza (alias Momin) (Md.) Vs. State, 2006, 35 CLC (HCD)
....This Case is also Reported in: 58 DLR (2006) 529.......sent BD House, Road No. 43, House No. 3, PS Gulshan, Dhaka be enlarged on bail subject to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 58 DLR (2006) 529.......man Bhuiyan J. - This Rule was issued by a Division Bench of this Court on an application filed by the petitioner made under section 498 of the Code of Criminal Procedure challenging the judgment and order dated 1-6-2006 passed by the learned Metropolitan Sessions Judge, Dhaka in Criminal Miscellane......sent BD House, Road No. 43, House No. 3, PS Gulshan, Dhaka be enlarged on bail subject to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 58 DLR (2006) 529...Category: Criminal Law | Date: | Hits: 64
Mofazzal Hossain alias Mofa and others Vs. State, 2004, 33 CLC (HCD)
.... each with a line of Taka 3,000 in default to suffer rigorous imprisonment for three months more. 2. The prosecution case, in brief, is that on 11-7-1989 at 12-15 hours Md. Mamunur Rashid (since dead) as informant lodged a first information report with the Kalai Police Station against the appella......respective bail bonds. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 524. ...... SM Ziaul Karim J.- This Criminal appeal, at the instance of three accused-appellants namely, (1) Mofazzal Hossain @ Mofa, (2) Mozahar Ali (3) Sekandar @ Dulahar, is directed against the judgment and order dated 30-9-1991 passed by the learned Assistant Sessions Judge, Joypurhat in Sessions Case No.......respective bail bonds. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 524. ..Category: Criminal Law | Date: | Hits: 52
Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)
....279; Sztejn Vs. J Henry Schroder Banking Corporation, 31 NYS 2nd 631 (1941); Edward Owen Engineering Ltd Vs. Barclays Bank International Ltd. [1978] 1 Lloyd's Rep 166 = [1978] 1 All ER 976; Limited Trading Corporation SA and Murvay Clayton Ltd Vs. Allied Arab Banks, [1985] 22 Lloyd's Rep 554; Hander......t wants to and then, write out the judgment in the light of our observations made hereinbefore. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 392. ......ice at Dhaka. One Mr. IJ Choi was working as manager at Dhaka office of the seller. On 29‑6‑93 one Mr. DW Kim visited the office of Gemini and held discussion about the production planning of the orders. As the discussion could not be finished, he promised to come back on 3‑7‑93. When he did......t wants to and then, write out the judgment in the light of our observations made hereinbefore. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 392. ..Category: Business or Commercial Law | Date: | Hits: 290
AM Ziaul Hoque Vs. Government of the People's Republic of Bangladesh and others, 2004, 33 CLC (HCD)
....dhury J AM Ziaul Hoque……………………………………………………………………………………..Petitioner Vs. Government of the People's Republic of Bangladesh and others………Respondents Judgment April 20, 2004. Lawyers involved:...... this Court stands vacated. The application for vacating the order of stay is thus disposed of without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 389. ...... M R Hasan, Advocate-For Respondent Nos. 2‑4. Writ Petition No. 6403 of 2003. Judgment Shah Abu Nayeem Mominur Rahman J.- While considering the application for vacating the order of stay, it appeared to us that instead of disposing of the application for vacating the order...... this Court stands vacated. The application for vacating the order of stay is thus disposed of without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 389. ..Category: Employment/Service Law | Date: | Hits: 66
Md. Turan Miah and others Vs. Anguri Bibi and others, 2010, 39 CLC (HCD)
....ounsel for the appellants. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 100. ......the above, we find no subÂstance in the submissions of the learned Counsel for the appellants. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 100. ......Senior Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent Nos.1 -14. Not represented-Respondent Nos. 15-34. Civil Appeal No. 123 of 2007. (From the judgment and order dated the 24th day of May, 2006 passed by the High Court Division in Civil Revision No.2915 of......the above, we find no subÂstance in the submissions of the learned Counsel for the appellants. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 100. ..Category: Property Law | Date: | Hits: 74
Md. Nasrullah Chowdhury Vs. Mohammad Nurul Islam and others, 2010, 39 CLC (AD)
.... to compromise the dispute. Accordingly the petition is disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 91.......it after deciding whether or not there was any consent of the parties to compromise the dispute. Accordingly the petition is disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 91.......r Advocate instructed by Haridas Paul, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-24. Civil Petition for Leave to Appeal No. 53 of 2010. (From the judgment and order dated 26.08.2009 passed by the High Court Division in Civil Revision No. 189 of 2006.) Judg......it after deciding whether or not there was any consent of the parties to compromise the dispute. Accordingly the petition is disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 91...Category: Property Law | Date: | Hits: 65
....t
High Court Division
(Special Original Jurisdiction)
Present:
MM Hossain J
Farid Ahmed J
Shrimp and Fish Processing Plant Ltd and another……………..Petitioners
Vs.
Bangladesh Bank, Dhaka and others…………………………………..Respondents.
Judgment
Feb...... In the result, the Rule is discharged without any order as to costs and the order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 58 DLR (2006) 517.
......ference No. CIB 3(7)/2002-13935 dated 4-11-2002 (reproduced in paragraph 7) should not be declared to have been made without lawful authority and to be of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper.
2. The petitioner is a private l...... In the result, the Rule is discharged without any order as to costs and the order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 58 DLR (2006) 517.
..
Category: Business or Commercial Law | Date: | Hits: 251
Dr. Md. Abu Obaidah Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
....n out of the order dated 2-6-1998 passed by the Taxes Appellate Tribunal, Dhaka in Income Tax Appeal No. 2101 of 1995-1996. This is relating to assessment year 1994-1995. 2. The assessee Dr. Mohammad Abu Obaidah, the applicant in the reference, being director of 2 companies, submitted a return fo...... the learned Advocate for the applicant. Thus, question Nos. (iii) and (iv) are also decided in the affirmative in favour of the Department. Ed. This Case is also Reported in : 58 DLR (2006) 515.......ence Application No. 118 of 2002. Judgment Zinat Ara J. - This reference application under section 160(1) of the Income Tax Ordinance, 1984 at the instance of the assessee has arisen out of the order dated 2-6-1998 passed by the Taxes Appellate Tribunal, Dhaka in Income Tax Appeal No. 2101 of ...... the learned Advocate for the applicant. Thus, question Nos. (iii) and (iv) are also decided in the affirmative in favour of the Department. Ed. This Case is also Reported in : 58 DLR (2006) 515...Category: Fiscal/Taxation Law | Date: | Hits: 91
Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
.... (Special Original Jurisdiction) Present: MM Hossain J Zubayer Rahman Chowdhury J Huang Chia Hsiang………………………………………….Petitioner Vs. Government of Bangladesh and others………….Respondents. Judgment December 12, 2005. Cases Referred to- ......ed to have been made without lawful authority and to be of no legal effect. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 58 DLR (2006) 503. ......Respondents. Writ Petition No. 437 of 2001. Judgment Md. Muzammel Hossain J. - This Rule was issued at the instance of the petitioner calling upon the respondents to show cause as to why the order dated 6-12-2000 passed by the Metropolitan Magistrate, Chittagong in Patenga PS Case No. 10 da......ed to have been made without lawful authority and to be of no legal effect. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 58 DLR (2006) 503. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 221
Abul Khair and others Vs. State, 2006, 35 CLC (HCD)
....records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 500, 26 BLD (HCD) (2006) 467. ......he date of receipt of this judgment and order by the trial Court. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 500, 26 BLD (HCD) (2006) 467. ......Sharifullah and Abdul Awal respectively. 2. All these four appeals are taken up together for hearing and disposed of by this common judgment as all of them have arisen out of the same judgment and order of conviction and sentence dated 6-5-2002 passed by the learned Divisional Special Judge, Chit......he date of receipt of this judgment and order by the trial Court. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 500, 26 BLD (HCD) (2006) 467. ..Category: Criminal Law | Date: | Hits: 53
Shawkat Ali (Md.) and others Vs. Divisional Forest Officer and others, 2006, 35 CLC (HCD)
....Petitioners Vs. Divisional Forest Officer and others………..Respondents. Judgment February 16, 2006. Cases Referred to- Jibendra Kishore Vs. East Pakistan, 9 DLR (SC) 21; Oali Ahad Vs. Government of Bangladesh, 26 DLR 376. Lawyers Involved: AF Hassan Ariff with Khaleda Z...... The orders of stay granted earlier by this Court stand vacated. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 58 DLR (2006) 487. ......sued in Writ Petition Nos. 1605, 1606, 1682, 1683,1690, 1763, 1950, 1949, 1950, 1949, 1346, 1181, 1182, 1183, 1319, 1347 and 1348 of 2000 calling upon the respondents to show cause as to why impugned orders shall not be declared to have been made without lawful authority and to be of no legal effect...... The orders of stay granted earlier by this Court stand vacated. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 58 DLR (2006) 487. ..Category: Environmental Law | Date: | Hits: 551
Ashique Jeans Apparels Ltd and another Vs. National Board of Revenue and another, 2005, 34 CLC (HCD)
....er's Asia Ltd., ITR Vol-122, page 259; Modella Woolens Ltd. Vs. Commissioner of Income Tax, Bombay City-1, ITR (1979) Vol-120 page 726; LG Balakrishnan and Bros. Ltd. Vs. Commissioner of Income Tax, Madras, ITR (1985) Vol-151, page 270; Alapati Venkataramiah Vs. CIT (1969) 57 ITR 185; Wabbing & ...... section 46 is to encourage more new undertakings to be established. However, there will be no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 478, 26 BLD (HCD) (2006) 324. ......ule Nisi was issued upon the respondents to show cause as to why Memos being file No. 11 (302) Anu; 1/2000/2563 dated 21-12- 2000 (Annexure-A) (wrongly stated in the prayer as well as in Rule issuing order as file No. 11 (302) Anu; 1/2000/2653), File No.11(302) Anu: 1/2000/571 dated 4-4-2001 (Annexu...... section 46 is to encourage more new undertakings to be established. However, there will be no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 478, 26 BLD (HCD) (2006) 324. ..Category: Fiscal/Taxation Law | Date: | Hits: 93
Abdur Rahim Chowkider @ Abdur Rahman Sheikh Vs. Raji Haider and others, 2006, 35 CLC (HCD)
....€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Opposite Parties. Judgment June 28, 2006. Cases Referred to- 34 DLR (AD) 61; 49 DLR (AD) 73; 6 MLR 199. Lawyers Involved: Syed Mofizur Rahman for AH Md. Shahadat Ali Khan, Advocate—For the Petitioner. Sadananda Rana, Advocate—For Opposite Party Nos. ...... decree affirming those of trial Court decreeing the suit are hereby set aside and the suit is dismissed. Send down the record at once. Ed. This Case is also Reported in: 58 DLR (2006) 470. ......d of rights and got a decree on 28-10-1957. On the basis of the decree, Hashem Ali made an application being Miscellaneous Case No. 4222/60-61 under section 54 for correction of the record and got an order on 28-3-1961. Then, the record was finally corrected in Mutation Case No. 9P/87-88 and the sui...... decree affirming those of trial Court decreeing the suit are hereby set aside and the suit is dismissed. Send down the record at once. Ed. This Case is also Reported in: 58 DLR (2006) 470. ..Category: Property Law | Date: | Hits: 79
Abu Musa Kutub (Md.) Vs. Secretary, Election Commission and others, 2005, 34 CLC (HCD)
....ner Vs. Secretary, Election Commission and others ……….Respondents. Judgment July 18, 2005. Cases Referred to- Abid Hashem (Bulbul) Vs. Mobarak Uddin Mahmud, 34 DLR 145; Mohammad Hashem Vs. Safdar, ILR 14(Lahore) 473; Rafiqul Alam Vs. Mustafa Kamal and others, 42 DLR (AD) 138...... but no action was taken. Finding no other efficacious remedy, the petitioner moved this Court and obtained the Rule Nisi. 3. At the time of issuance of the Rule, the petitioner, however, obtained interim order staying holding of the entire election of No. 4, Kaiyerbil Union Parishad. 4. None ...... Kutubdia, Cox's Bazar in violation of section 7(1) (b) of the Union Parishad Ordinance, 1983 (LI of 1983) should not be declared illegal and without any lawful authority and/or such other or further order or orders passed as to this Court may seem lit and proper. 2. The facts leading to the issu...... is discharged. The interim order passed at the time of issuance of the Rule, is herby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 450. ..Category: Election Law | Date: | Hits: 87
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