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Nurul Haque Sarker Vs. Janata Bank and others, 2006, 35 CLC (HCD)

....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)

....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)

....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)

....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......en constrained to come before this Hon'ble Court. The said Monowar Hossain and Rashid Ahmed being maternal cousin of the local Awami League leaders at the relevant time by exerting influence upon the Government tried to remove the petitioner from his job of Nikah Registrar. Allegations as contained ..

Category: Employment/Service Law | Date: | Hits: 81

Eskayef Bangladesh Ltd. Vs. Commissioner of Taxes, 2004, 33 CLC (HCD)

....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)

....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......econd consignment in the same way another 14 Kg heroin was exported in beauty shop and tissue paper cartons which was detected in London and, after recovery, the British High Commission requested the Government of Bangladesh to inquire into these matters. The Ministry of Home Affairs, Government of ..

Category: Criminal Law | Date: | Hits: 64

Mofazzal Hossain alias Mofa and others Vs. State, 2004, 33 CLC (HCD)

.... 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)

....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: 289

AM Ziaul Hoque Vs. Government of the People's Republic of Bangladesh and others, 2004, 33 CLC (HCD)

.... 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...... SANM Rahman J Zubayer Rahman Chowdhury J AM Ziaul Hoque……………………………………………………………………………………..Petitioner Vs. Government of the People's Republic of Bangladesh and others………Respondents Judgment ..

Category: Employment/Service Law | Date: | Hits: 66

Md. Turan Miah and others Vs. Anguri Bibi and others, 2010, 39 CLC (HCD)

....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 sub­stance 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)

....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

Shrimp and Fish Processing Plant Ltd and another Vs. Bangladesh Bank, Dhaka and others, 2006, 35 CLC (HCD)

....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)

....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)

....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......h Court Division (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. Ca..

Category: Admiralty Law or Maritime Law | Date: | Hits: 221

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

....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)

....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......ners 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 Zaman, A..

Category: Environmental Law | Date: | Hits: 551

Ashique Jeans Apparels Ltd and another Vs. National Board of Revenue and another, 2005, 34 CLC (HCD)

....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)

....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)

.... 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...... will vary from case to case. With regard to the School Register it has long been held that it is very common to understate the age when entering a school in order that the boy may not be too old for Government service, vide Mohammad Hashem Vs. Safdar, ILR 14(Lahore) 473. " 13. From the above pro..

Category: Election Law | Date: | Hits: 87

Bangladesh Paribesh Andolan and another Vs. Bangladesh, represented by the Secretary, Ministry of Works and others, 2004, 33 CLC (HCD)

....where the government is acting in the public interest. He added that again, it is to be seen whether the construction is creating any congestion in the area or materially affecting the environment in order to determine whether any right of the public is infringed. 15. With regard to the legality ......n Act, 1952 and the gradual disfiguring of the Jatio Sangshad Bhaban area by allowing illegal and unlawful construction works. 2. The facts of the case are as follows: In June 1959 the Central Government of Pakistan decided to establish a 'Second Capital' to be located at Dhaka in the then Ea..

Category: Environmental Law | Date: | Hits: 484