Judgment search - Chancery Law Chronicles

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Bangladesh Vs. Md. Ibrahim Bepari and others, 1989, 18 CLC (AD)

....LR (AD) (1990) 184. ......vision (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J The People's Republic of Bangladesh, represented by the Deputy Commissioner, Chandpur and others.…………....Appellants Vs. Md. Ibrahim Bepari and others..…………�...... Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J The People's Republic of Bangladesh, represented by the Deputy Commissioner, Chandpur and others.…………....Appellants Vs. Md. Ibrahim Bepari and others..………………………....Respondents Judgment Jun......ismissed. No order as to costs. Ex parte order passed by this Court on 26.11.87 is vacated in respect of respondent No.1 only. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 184. ..

Category: Property Law | Date: | Hits: 40

Nurul Huq Khan Vs. GM, Sonali Bank, Head Office, Dhaka, Bangladesh and others, 1989, 18 CLC (AD)

.... MH Rahman J ATM Afzal J Nurul Huq Khan.................…………………………………………….Plaintiff-Petitioner Vs. General Manager, Sonali Bank, Head Office, Dhaka, Bangladesh and ors...………….Defendant- Respondents Judgment May 2, 1989. Result: ......n J ATM Afzal J Nurul Huq Khan.................…………………………………………….Plaintiff-Petitioner Vs. General Manager, Sonali Bank, Head Office, Dhaka, Bangladesh and ors...………….Defendant- Respondents Judgment May 2, 1989. Result: The petitio...... Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Nurul Huq Khan.................…………………………………………….Plaintiff-Petitioner Vs. General Manager, Sonali Bank, Head Office, Dhaka, Bangladesh and ors...………….Defenda......as deprived of procedural protection which was available to him at the initiation of the proceeding. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 179. ..

Category: Employment/Service Law | Date: | Hits: 98

Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)

....peal is dismissed. The Customs Act (IV of 1969) Sections 19, 30 & 194 The Sales Tax Ordinance (XVIII of 1982) Section 4(1) The Evidence Act (I of 1872) Section 115 The Constitution of Bangladesh, 1972, Article 102 Promissory Estoppel Notification dated 3.10.84 under section 19 ......7. ......esent: Badrul Haider Chowdhury CJ Shahabuddin Ahmed J MH Rahman J ATM Afzal J Collector of Customs, Custom House, Chittagong and others................................Appellants Vs. A. Hannan...........................…………………………………………………...... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ..

Category: Fiscal/Taxation Law | Date: | Hits: 153

Commissioner of Taxes, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)

....ovember 8, 1989. Result: The appeals are dismissed. The Income Tax Act (XI of 1922) Sections 2(15), 4(1) & 60 The President's Order No. 21 of 1973, Article 10 The Constitution of Bangladesh, 1972, Article 147 Whether a notification under section 60 of the Income Tax Act, 1922......nnot control the President’s Order No. 21 of 1973 in as much as President’s Order has achieved the status of constitutional legislation whereas section 60 of the Income Tax Act is a statutory law and as such no notification under such law can control the sub-constitutional legislation. In that v......Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J MH Rahman J ATM Afzal J Commissioner of Taxes, Dhaka (West) Zone, Dhaka.……………......Appellants Vs. Shahabuddin Ahmed..……………………………………………………....................ed and the decisions of the courts below are affirmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ..

Category: Fiscal/Taxation Law | Date: | Hits: 111

Zaker Hossain Vs. Abdur Rahim and Others, 1989, 18 CLC (AD)

............Appellant Vs. Abdur Rahim and Others.....……………………………...Respondents Judgment March 19, 1989. Result: The appeal is dismissed. The Constitution of Bangladesh, 1972 (as amended up to date) Art. 102 Election Commission may direct re-poll, or acce......nt: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Zaker Hossain………………………................................Appellant Vs. Abdur Rahim and Others.....……………………………...Respondents Judgment March 19, 1989. ...... (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Zaker Hossain………………………................................Appellant Vs. Abdur Rahim and Others.....……………………………...Respondents Judgment ...... available by way of election petition before the Tribunal. In the circumstances, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 153. ..

Category: Election Law | Date: | Hits: 152

Government of Bangladesh & ors. Vs. Md. Hasan Shahid & ors., 2006, 35 CLC (AD)

..... ......os.2-133(In Civil Petition No. 990 of 2005). Not represented-Respondent Nos. 2, 5-7 10-13, 15-19, 22-113 (In Civil Petition No. 58 of 2005). Civil Petition for leave to Appeal No. 989 and 990 of 2005 (From the Judgment and Order dated 10.05.2005 passed by the High Court Divis......esent: Syed J. R. Mudassir Husain CJ M. M. Ruhul Amin J Amirul Kabir Chowdhury J Government of Bangladesh & ors...............Petitioners (In all the cases) Vs. Md. Hasan Shahid & ors...........................Respondents (In C. P. No. 989 of 20......intain status-quo in respect of appointment till disposal of the appeals. The petitioners are directed to make the appeals ready for expeditious hearing within 6 (six) months. Ed. ..

Category: Employment/Service Law | Date: | Hits: 56

Md. Sarwar Vs. Bangladesh, 2005, 34 CLC (AD)

....il) Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Sarwar..............................Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Establishment, Bangladesh Secretariat, Ra...... Chowdhury J Md. Sarwar..............................Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Establishment, Bangladesh Secretariat, Ramna, Dhaka and others.......Respondents Judgment May 24, 2005. Lawyers Involved: M...... (Civil) Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Sarwar..............................Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Establishment, Bangladesh Secr...... the opinion that the High Court Division took a correct view and as such the impugned judgment does not call for any interference. The leave petition is, therefore, dismissed. Ed. ..

Category: Employment/Service Law | Date: | Hits: 80

Alhaj Sona Ullah Vs. Aminur Rahman, Sec, Min. of Work, BD Secretariat, DHK & ors., 2005, 34 CLC (AD)

.... Amirul Kabir Chowdhury J Alhaj Sona Ullah……………………….Petitioner Vs. Aminur Rahman, Secretary, Ministry of Works, Bangladesh Secretariat, Dhaka and others.....Respondents Judgment January 5, 2005. ...... Alhaj Sona Ullah……………………….Petitioner Vs. Aminur Rahman, Secretary, Ministry of Works, Bangladesh Secretariat, Dhaka and others.....Respondents Judgment January 5, 2005. Lawyers Involved: ...... Md. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Alhaj Sona Ullah……………………….Petitioner Vs. Aminur Rahman, Secretary, Ministry of Works, Bangladesh Secretariat, Dhaka and others.........sed on correct interpretation of law and we do not find any cogent reason to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 33

Md. Abdur Rahman Sikder Vs. Nur Mohammad Khan and others, 2005, 34 CLC (AD)

....ngs under section 145 of the Code of Criminal Procedure. The submissions of Mr. Md. Majibur Rahman do not merit any consideration. Accordingly, the petition is dismissed. Ed. ...... M.A. Aziz J Amirul Kabir Chowdhury J Md. Abdur Rahman Sikder………………………..Petitioners Vs. Nur Mohammad Khan and others…………….Respondent Judgment March 12, 200...... Md. Fazlul Karim J M.A. Aziz J Amirul Kabir Chowdhury J Md. Abdur Rahman Sikder………………………..Petitioners Vs. Nur Mohammad Khan and others…………….Respondent Ju......ngs under section 145 of the Code of Criminal Procedure. The submissions of Mr. Md. Majibur Rahman do not merit any consideration. Accordingly, the petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 70

Fazlul Kader Chowdhury Vs. Cyma Zarrar and another, 2006, 35 CLC (AD)

....hammad Arif i. e. father-in-law of Cyma Zarrar, Cyma Zarrar herself and Fazlul Kader Chowdhury the second party petitioner jointly instituted Title Suit No. 291 of 1995 for injunction against Arab Bangladesh Bank and the Government. In another suit, being Title Suit No. 88 of 1998 at the instanc......esent: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Fazlul Kader Chowdhury..................Petitioner Vs. Cyma Zarrar and another……………...Respondents Judgement January 3...... (Criminal) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Fazlul Kader Chowdhury..................Petitioner Vs. Cyma Zarrar and another……………...Respondents Judg......Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..

Category: Procedural Law | Date: | Hits: 154

State Vs. Md. Shahidul Islam @ H. M. Shahid, 2005, 34 CLC (AD)

.... In view of the discussion made above, we do not find any illegality in the impugned judgment and order. The petition having no substance is, therefore, dismissed. Ed. ......al, instructed by Md. Sajjadul Huq, Advocate- on-Record-For the Petitioner Not Represented-Respondent. Criminal Petition for Leave to Appeal No. 207 of 2003. (From the Judgment and Order dated 03.08.2003 passed by the High Court Division in Jail Appeal No. 368 of 2003) ......(Criminal) Present: Syed J. R. Mudassir Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J The State ................................................Petitioner Vs. Md. Shahidul Islam @ H. M. Shahid..............Respondent Judgment Novembe...... In view of the discussion made above, we do not find any illegality in the impugned judgment and order. The petition having no substance is, therefore, dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 34

Shabbir Ahmed Chowdhury Vs. State, 2006, 35 CLC (AD)

....find any legal grounds of quash the proceeding and as such the impugned order does not suffer from any error. The petition is found to be without any substance and is thus dismissed. Ed. ...... Advocate, instructed by Sufia Khatun, Advocate-on-Record-For the Petitioner Not Represented-Respondent Criminal Petition for Leave to Appeal No. 205 of 2003 (From the Judgment and Order dated 02.07.2003 passed by the High Court Division in Criminal Miscellaneous Case No.7081......find any legal grounds of quash the proceeding and as such the impugned order does not suffer from any error. The petition is found to be without any substance and is thus dismissed. Ed. ......find any legal grounds of quash the proceeding and as such the impugned order does not suffer from any error. The petition is found to be without any substance and is thus dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 57

Bangladesh Vs. Mst. Saleha Khatun and others, 2006, 35 CLC (AD)

.... appeal is allowed with costs at all stages. Ed. ......Amin J Tafazzul Islam J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Jamalpur............................Appellant Vs. Mst. Saleha Khatun and others ................Respondents Judgment July 31, 2006. Result: The appeal is al...... Present: Md. Md. Ruhul Amin J Tafazzul Islam J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Jamalpur............................Appellant Vs. Mst. Saleha Khatun and others ................Respondents Judgment July 31, 2006. ...... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ..

Category: Property Law | Date: | Hits: 42

Anowarul Hoque Vs. Mohammad Tafazzal Mondal and others, 2006, 35 CLC (AD)

.... Allahabad 298 it has been held that a vakil appointed as guardian of minors by court is an officer of that court for the purpose of Order 32 Rule 4(4) of the Code of Civil Procedure and as such in Bangladesh, the learned Advocates are officers of the Court for the same purpose and so Acting Naz......d. ......ellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Anowarul Hoque being dead his heirs1 (a): Md. Ruhul Amin and others.....Petitioners Vs. Mohammad Tafazzal Mondal and others.............Respondents Judgement June......k. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. The petitioners are permitted to add additional grounds. Ed. ..

Category: Property Law | Date: | Hits: 28

Md. Aslam Khan Vs. Haji Abdur Rahim and others, 2006, 35 CLC (AD)

.... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ......Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Md. Aslam Khan .................Appellant Vs Haji Abdur Rahim and others .........Respondents Judgment June 18, 2006. Cases Referred to- ...... Abdur Rahim and others .........Respondents Judgment June 18, 2006. Cases Referred to- Sree Chitta Ranjan Chakroborty being dead has heirs Ashish Chakroborty and others Vs. Md. Abdur Rob alias Mvi. Md. Abdur Rob, 17 BLD (AD) 126 Abani Mohan Saha Vs. Assistant Custodia...... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ..

Category: Property Law | Date: | Hits: 35

BRDB and others Vs. Md. Idris Ali Akond and others, 1998, 27 CLC (AD)

....(Civil) Present: A.T.M. Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Bangladesh Rural Development Board and others …………….Appellants. ......M. Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Bangladesh Rural Development Board and others …………….Appellants. Vs. Md. Idris Ali Ako...... Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Bangladesh Rural Development Board and others …………….Appellants. Vs. Md. Idris Ali Akond and others…………………&he......fication for making an order of remand as prayed for which will be a ceremony too idle to be permitted. In the result, the appeal is allowed without any order as to cost. Ed. ..

Category: Employment/Service Law | Date: | Hits: 73

Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)

....etition No.20 of 2004 filed an application under section 43 of the Companies Act, 1994 before the Company Bench of the High Court Division stating, inter alia, that the petitioners are the citizen of Bangladesh and are sponsor contributor in the share capital of the respondent No.1 company namely Ju......ound in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ......ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ......ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ..

Category: Banking Law | Date: | Hits: 185

Wega Fashion Sweater (PVT.) Ltd. Vs. Syed Sajeda Hossain & others, 2006, 35 CLC (AD)

....�…………Appellant Vs. Director Adjutand of Ansar & V.D.P. having its office at Tikatuly & others ……………………Respondent (Civil Appeal No. 63 of 2004) Government of Bangladesh, represented by the secretary, Ministry of land and others…………………………�......………Respondent (Civil Appeal No. 62 of 2004) Wega Fashion Sweater (Pvt.) Ltd. represented by its M.D. Md. Nurul Huda……………………………………Appellant Vs. Director Adjutand of Ansar & V.D.P. having its office at Tikatuly & others ……………………Respo......pellate Division (Civil) Present: Ruhul Amin J MM Ruhul Amin J Md. Tafazzul J Wega Fashion Sweater (Pvt.) Ltd. represented by its M.D. Md. Nurul Huda………………Appellant Vs. Syeda Sajeda Hossain & others ……………………Respondent (Civil Appeal No. 62 of ......No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ..

Category: Property Law | Date: | Hits: 91

Bangladesh Shipping Corporation & others Vs. Mohammad Hossain & others, 2006, 35 CLC (AD)

....ut any order as to cost. Ed. ...... Mohammad Hossain & others ..............................Respondents Judgment July 18, 2006 Case Referred to- Muhammad Aboo Abdullah Vs. Province of East Pakistan and the Chief Secretary, Government of Pakistan, PLD 1960 (SC) 164. Lawyers Involved: ...........Appellants Vs Mohammad Hossain & others ..............................Respondents Judgment July 18, 2006 Case Referred to- Muhammad Aboo Abdullah Vs. Province of East Pakistan and the Chief Secretary, Government of Pakistan, PLD 1960 (SC) 164. ...... committed error of law in making the Rule absolute and as such judgment of High Court Division requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ..

Category: Employment/Service Law | Date: | Hits: 91

Secretary, Ministry of Home Affairs and others Vs. BSEHR, 2004, 33 CLC (AD)

.... M.A. Aziz J Amirul Kabir Chowdhury J The Secretary, Ministry of Home Affairs and others…………………..Appellants Vs. Bangladesh Secretary for the Enforcement of Human Rights (BSEHR) and others....Respondents J......ourt Appellate Division (Civil) Present: Syed J.R.Mudassir Husain CJ M.A. Aziz J Amirul Kabir Chowdhury J The Secretary, Ministry of Home Affairs and others…………………..Appellants Vs. Ba...... Husain CJ M.A. Aziz J Amirul Kabir Chowdhury J The Secretary, Ministry of Home Affairs and others…………………..Appellants Vs. Bangladesh Secretary for the Enforcement of Human Rights (BSEHR) and others....Responden......h, calling for any interference by this Court. 17. On the reasons made above, the appeal is liable to be dismissed and hence it is dismissed without any order as to costs. Ed. ..

Category: Constitutional Law | Date: | Hits: 150

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