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Bhola Vs. State, 2001, 30 CLC (HCD)

....s order dated 29‑10‑91 is upheld with the above modification and the appeal is dismissed. Send down the lower court's record immediately. Ed. This Case is also Reported in: 55 DLR (2003) 36....... by the learned Sessions Judge, Sherpur in Sessions Case No. 40 of 1990 convicting the appellant and others under sections 302/34 of the Penal Code and sentencing them to suffer rigorous imprisonment for 30 years and to pay the fine of Taka 10,000, in default to suffer rigorous imprisonment for 5(fi......s order dated 29‑10‑91 is upheld with the above modification and the appeal is dismissed. Send down the lower court's record immediately. Ed. This Case is also Reported in: 55 DLR (2003) 36.......d Cases Referred To- Ismail Sarker alias Sudan Member and others Vs. The State, 33 DLR 320; Anisur Rahman & others Vs. The State, 6 BLD (AD) 79; Mobarak Hossain Vs. The State, 1 BLD 286. Lawyers Involved: Md. Kaisar Ali, Advocate‑ For the Appellant. ABM Waliur Rahman Khan, Assis..

Category: Criminal Law | Date: | Hits: 41

Hotel Agrabad Ltd. Vs. Chairman, Labour Court and others, 1999, 28 CLC (HCD)

....ur Court in IRO Case Nos. 78 and 79 of 1984 are upheld. The petitioner will pay a cost of Taka 5000 in each of the Rules. Ed. This Case is also Reported in: 59 DLR (2007) 297. ......the scheme of the Companies Profits (Workers Participation) Act, 1968 in the petitioner Company. 3. Two sets of employees of the petitioner Company instituted IRO Case Nos. 78 and 79 of 1984 before the First Labour Court, Chittagong under section 34 of the Industrial Relations Ordi­nance (he......ur Court in IRO Case Nos. 78 and 79 of 1984 are upheld. The petitioner will pay a cost of Taka 5000 in each of the Rules. Ed. This Case is also Reported in: 59 DLR (2007) 297. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Petitioner Vs. Chairman, Labour Court and others ………………………Respondents Judgment June 22, 1999. Lawyers involved: Khandker Mahbubuddin Ahmed with Md. Khalilur Rahman and Syeda Afsar Jahan, ..

Category: Labour and Industrial Law | Date: | Hits: 121

Moyezuddin Sikder and ors. Vs. State, represented by the DC, Khulna, 2007, 36 CLC (HCD)

....f 19 Gha of the said, Rules. 15. Mr. Rafiq-ul Huq has also pointed out before this Court, two other instances, specially in respect of Martial Law Order No. 14 of 1982 whereby, pursuant to the Proclamation of 24th March, 1982, the said Order was promulgated curtailing jurisdiction of all the ...... Criminal Miscellaneous Case No. 3875 of 2007. Judgment Nozrul Islam Chowdhury J.- On 29-3-2007 this application under section 498 of the Code of Cri­minal Procedure with a prayer for anticipatory, bail was placed before this Court in connection with GR Case No.8 of 2007 arising ......'Court' is not available for the purpose of construction of 19 Gha of the said, Rules. 15. Mr. Rafiq-ul Huq has also pointed out before this Court, two other instances, specially in respect of Martial Law Order No. 14 of 1982 whereby, pursuant to the Proclamation of 24th March, 1982, the said...... PLD 1960 (SC) 113; Kh Ehteshamuddin Ahmed @ Iqbal vs. Bangladesh, 33 DLR (AD) 154; Abdul Rauf vs. Abdul Hamid Khan, 17 DLR (SC) 515 and Province of East Pakistan vs. SA Khan 40 DLR (AD) 202 . Lawyers involved: Abdul Matin Khasru, Advocate—For the Petitioners. Salahuddin Ahmed..

Category: Criminal Law | Date: | Hits: 50

Dr. Ahmed Majid Vs. Abdul Latif @ Suruj Ali, 2006, 35 CLC (HCD)

.... Court is directed to proceed with the suit in accordance with law. No costs. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 59 DLR (2007) 282. ...... about the legality of order dated 24-10-2001 passed by the Senior Assistant Judge and the Court of Small Causes, Sadar, Mymensingh in Small Causes Court Suit No. 13 of 2000. 2. Facts relevant for disposal of the Rule are as under. 3. The petitioner as plaintiff instituted Small Causes...... Court is directed to proceed with the suit in accordance with law. No costs. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 59 DLR (2007) 282. ...... Dr. Ahmed Majid…………………………………..Petitioner Vs. Abdul Latif @ Suruj Ali……………………….Opposite Party Judgment June 22, 2006 Lawyers involved: Md. Abdul Haque, Advocate—For the Petitioner. Not represented—th..

Category: Property Law | Date: | Hits: 37

Mohammad Ullah (Driver) Vs. State, 2007, 36 CLC (HCD)

....oned. The learned judge is directed to proceed with the appeal in accordance with law. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 281. ...... rejecting the memorandum of appeal of Criminal Appeal No. 86 of 2005 on the ground of limitation. The appeal is barred by 5187 days. 2. Mr. Rajat Kanti Chakraborty, learned Advocate appearing for the petitioner, submits that the accused petitioner did not know about the pro­ceeding of the c......oned. The learned judge is directed to proceed with the appeal in accordance with law. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 281. ......hammad Ullah (Driver)................Convict-Appellant­-Petitioner Vs. State............................................Opposite Party Judgment January 24, 2007. Lawyers involved: Rajat Kanti Chakraborty, Advocate—For the Petitioner. Md. Monsur R..

Category: Criminal Law | Date: | Hits: 36

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

....offence. Send down the lower Court's records at once with a copy of this judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 276.......nvicting the appellants under section 4(c)/9 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 (hereinafter referred as Ordinance 1983) and sentencing each of them to suffer imprisonment for life and also to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 6(six) ......offence. Send down the lower Court's records at once with a copy of this judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 276.......s. State 1988 BLD 425; Momtaz Ahmed Khan vs. State 19 DLR (SC) 259; Saidur Rahman Neuton vs. State 45 DLR (AD) 66; Seraj Talukder vs. State 3 BLC 182 and Asiman Begum vs. State 51 DLR (AD) 18. Lawyers involved: Dr. Rafiqur Rahman, Senior Advocate with Sarwar Ahmed and Sakila Rowshan, A..

Category: Criminal Law | Date: | Hits: 82

RAK Ceramics (Bangladesh) Private Ltd. Vs. Bangladesh, represented by Secretary, Ministry of Internal Resources Division & others, 2007, 36 CLC (HCD)

....quashed. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 274. ...... Nisi was obtained against an Order dated 23-4-2001 passed (Annexure D) by respondent No. 5 Deputy Commissioner, Customs, Excise and VAT imposing fine of Taka 43,84,398.56 upon the petitioner company for evasion of tax. 2. The facts on which the Rule was obtained, in short, are that the petit......quashed. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 274. ......…........Petitioner Vs. Bangladesh, represented by Secretary, Ministry of Internal Resources Division & others ...........Respondents Judgment April 23, 2007. Lawyers involved: AKM Shafiuddin, Advocate—For the Petitioner. Kazi Waliul Islam, De..

Category: Fiscal/Taxation Law | Date: | Hits: 63

Abani Kumar Mistry and others Vs. Government of the People's Republic of Bangladesh and others, 2006, 35 CLC (HCD)

.... property after 16-2-1969 as enemy property, it is to be seen whether the property sought to be taken over as enemy property was so between 6-9-1965 and 16-2­1969, the promulgation and revocation of Proclamation of Emergency. If at any time during the currency of the Emergency with the Defence of P......For the Petitioners. Rabiul Alam Chowdhury Advocate—For the Opposite Parties. Civil Revision No. 4063 of 2000. Judgment Quamrul Islam Siddiqui J.- This Rule was issued on an application for revision made by the plaintiff-petitioner under section 115(1) of the Code of Civil Procedure (t......le is hereby recalled and vacated. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 59 DLR (2007) 270, 26 BLD (HCD) (2006) 634. ......ulichand Omraolal vs. Bangladesh, through the Secretary, Ministry of Industries 33 DLR (AD) 30; Kochi Mia vs. Suruj Mia 51 DLR (AD) 57; Shamser Ali (Md.) vs. Mosammat Katizad Bibi 44 DLR (AD) 231. Lawyers involved: Abul Kalam Maijuddin, Advocate—For the Petitioners. Rabiul Alam Chowdhury ..

Category: Property Law | Date: | Hits: 27

Surajmal Ram Prasad Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)

....ith our answer in the negative against the Revenue Department and in favor of the applicant. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 59 DLR (2007) 268.......hid J.- The facts upon which the above references were presented, in short, are that the applicant (same in both references) was an assessee having TIN: 4581021587. He submitted his income tax return for the assessment year 1997­98 showing net loss of Taka 46,450 Then, he submitted a revised return......ith our answer in the negative against the Revenue Department and in favor of the applicant. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 59 DLR (2007) 268.......Surajmal Ram Prasad... ……………………………..Applicant Vs. Commissioner of Taxes……………………………..Respondent Judgment April 18, 2007. Lawyers involved: Borhan Uddin, Advocate—For the Applicant. Md. Rezaul Islam, Assist..

Category: Fiscal/Taxation Law | Date: | Hits: 63

Puspak Kumar Roy and another Vs. Eldrin Khan and others, 2005, 34 CLC (HCD)

..... The order of stay granted earlier by this Court dated 10-4-2004 is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 263. ......003 dismissing the appeal and affirming those dated 30-1-2003 passed by the learned Assis­tant Judge, Dakope, Khulna, in Title Suit No. 87 of 2000 decreeing the suit. 2. Short facts necessary for disposal of the Rule are, that admittedly the suit property belonged to Chandi Charan Roy who di....... The order of stay granted earlier by this Court dated 10-4-2004 is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 263. ......n 22 DLR 655; Dildar Ahmed vs. Farroque Ahmed 27 DLR (SC) 138; Allah Ditta vs. Salamat Ali 17 DLR (SC) 315 and Jahirul Islam vs. Settlement Board and Assistant Commissioner (Land) 48 DLR 579 . Lawyers involved: Abdul Kalam Mainuddin with Sk. Md. Jahangir Alam, Advocates—For the Petit..

Category: Property Law | Date: | Hits: 34

Amirul Islam (Md) Vs. Bangladesh represented by the Secretary, Ministry of Home Affairs and others, 2006, 35 CLC (HCD)

....ormer post and allow him to continue in service with all attending benefits within 30 days from the date of receipt of copy of this judgment. Ed. This Case is also Reported in: 59 DLR (2007) 258.......e without lawful authority and to be of no legal effect and why the respondents should not be directed to allow the petitioner to continue in service with all benefits. 2. The short facts relevant for the purpose of the case are, that the petitioner after obtaining the graduation degree in 1997, ......ormer post and allow him to continue in service with all attending benefits within 30 days from the date of receipt of copy of this judgment. Ed. This Case is also Reported in: 59 DLR (2007) 258.......Molla 54 DLR (AD) 120; Waris Meah vs. State PLD 1957; Registrar of Supreme Court vs. Safiuddin 6 BLC (AD) 141; Bangladesh vs. Motiur Rahman, 34 DLR 286; Nurul Islam vs. Bangladesh 33 DLR (AD) 201. Lawyers involved: Abdur Rab Chaudhury with Salauddin Dolon and Syeda Anwara Sattar, Advocates—F..

Category: Employment/Service Law | Date: | Hits: 67

Anwara Begum Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....d Buildings as published in Ka list dated 28-4-1986 within 3(three) months from the date of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 251, 26 BLD (HCD) (2006) 123. ......agreement dated 29-7-1963 followed by possession and thereby the said Md. Younus Ali became the owner of the house in question. The said Md. Younus Ali while possessing the property had obtained loan for construction of his house with prior permission of the concerned authority and mortgaged the sai......d Buildings as published in Ka list dated 28-4-1986 within 3(three) months from the date of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 251, 26 BLD (HCD) (2006) 123. ...... Court of Settlement 3 BLC (AD) 42; Government of Bangladesh vs. Md. Jalil 48 DLR (AD) 10; Amir Hossain vs. Government of Bangladesh 57 DLR 332 and Shamsul Haque vs. Court of Settlement 49 DLR 46. Lawyers involved: Md. Zahirul Haque Zahir with AKM Enayet Hossain and KM Jabir, Advocates—For t..

Category: Property Law | Date: | Hits: 40

Nazir Ahmed Vs. Md. Amin Mia and anothers, 2007, 36 CLC (HCD)

....once if he is not wanted in connection with any other case. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 245. ......y Metropolitan Magistrate, Dhaka in GR Case No. 166 of 1995 and TR No. 42 of 2000 corresponding to Mohammadpur PS Case No. 48(01)95 sentencing the appellant-petitioner to suffer rigorous imprisonment for total period of 10(ten) years along with fine of Taka 10,000 in default to suffer simple impriso......once if he is not wanted in connection with any other case. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 245. ......ussain vs. State, 9 DLR (SC) 14; Abdur Rahim vs. Begum A Murshed, 34 DLR 320; Siraj Din vs. Kala, 16 DLR (SC) 94; Nur Hossain vs. State, 31 DLR 405; 3 BLC 251 and Alkas Mia vs. State, 25 DLR 398 . Lawyers involved: Chowdhwy Sanwar Ali, Advocate—For the Convict-Appellant-Petitioner. Md. Kh..

Category: Criminal Law | Date: | Hits: 40

Syed Ziaul Hasan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)

....tity module (SIM) Card according to the price fixed i.e. Taka 1800. There will be no order as to costs. Ed This Case is also Reported in: 59 DLR (2007) 238, 26 BLD (HCD) (2006) 366. ...... is of no legal effect and why the respondent No.6 should not be directed to supply subscriber identity module (SIM) Cards of the petitioners at the previous agreed rate. 2. The material facts for the disposal of the Rule are that on 6-5-2005 Tele Talk Bangladesh Limited, a public limited com......tity module (SIM) Card according to the price fixed i.e. Taka 1800. There will be no order as to costs. Ed This Case is also Reported in: 59 DLR (2007) 238, 26 BLD (HCD) (2006) 366. ...... 2006. Cases Referred To- Zakir Hossain Munshi vs. Government of Bangladesh 2002 BLD 433 = 55 DLR 130; Bangladesh Telecom (Pvt) Ltd. vs. Bangladesh T & T Board 48 DLR (AD) 20 . Lawyers involved: Md. Idrisur Rahman with Shamsul Haque, Advocates—For the Petitioners. ..

Category: Fiscal/Taxation Law | Date: | Hits: 131

Abdul Alim Vs. Biswajit Dey and another, 2007, 36 CLC (HCD)

....lt, this Rule is discharged. The order of stay granted earlier by this Court is vacated. Communicate this order at once. Ed. This Case is also Reported in: 59 DLR (2007) 236 . ......n, Advocate—For the Opposite Parties. Criminal Miscellaneous Case No. 18733 of 2006. Judgment Sharifuddin Chaklader J.- This Rule, at the instance of the accused petitioner, is for quashment of the proceeding of Metro Sessions Case No. 984 of 2006 under section 138 of the Nego......lt, this Rule is discharged. The order of stay granted earlier by this Court is vacated. Communicate this order at once. Ed. This Case is also Reported in: 59 DLR (2007) 236 . ........................................... Accused-Petitioner Vs. Biswajit Dey and another……………………………….Opposite Parties Judgment March 11, 2007. Lawyers involved: Abdul Barek Chowdhury, Advocate—For the Petitioner. Mohammad Hossa..

Category: Criminal Law | Date: | Hits: 50

Abul Koyser Vs. Tobarak Ali and others, 2007, 36 CLC (HCD)

....d. 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: 59 DLR (2007) 234 . ...... judgment and order dated 28-2-05 passed by the District Judge at Sunamgonj in Miscellaneous Appeal No. 12 of 2000, which reversed those dated 29-2-2000 of the trial Court and allowed the application for pre­emption. 2. Opposite Party No. 1 on or about 13-2-96 made an application under secti......d. 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: 59 DLR (2007) 234 . ......dgment February 14, 2007. Cases Referred To- Shafi Khan vs. Mannujan Hussain, 35 DLR (AD) 225; Md. Sukur Ali vs. Sree Suresh Chandra Barman and others, 1984 BLD (AD) 219. Lawyers involved: M Enayetur Rahim, Advocate—For the Petitioner. Amirul Islam with M..

Category: Property Law | Date: | Hits: 28

Khalilur Rahman Vs. State, 2007, 36 CLC (HCD)

....lilur Rahman. We find no merit in these appeals. These appeals are dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 227 . ...... Jail Appeal No. 926 of 1996 Judgment SK Sinha J.- These appeals arise from a judgment of the Additional Sessions Judge, 2nd Court, Mymensingh in Session Case No. 139 of 1987 and therefore, these appeals are disposed of by this judgment. 2. Appellants Khalilur Rahman and Ayub ......lilur Rahman. We find no merit in these appeals. These appeals are dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 227 . ......ry 22, 2007. Cases Referred To- Mahidur @ Mahidul Islam vs. State, 1983 BLD 162, Md. Azad Sheik @ Azad SK vs. State 1988 BLD 505 = 41 DLR 62 and Zaheda Bewa vs. State 37 DLR 66. Lawyers involved: Md. Anisur Rahman Hatem, Advocate—For the Appellant (In Criminal Appeal N..

Category: Criminal Law | Date: | Hits: 38

Moezuddin (Md) Vs. State, 2007, 36 CLC (HCD)

.... Sessions Judge, 1st Court, Pabna according consent to withdraw from the prosecution of the accused-opposite party No. 1 is set aside. Ed. This Case is also Reported in: 59 DLR (2007) 122. ......Kamal, Attorney-General with Saifuddin Md. Aminur Rahim, Deputy Attorney-General— For the State. Criminal Revision No. 231 of 2003. Judgment SK Sinha J.- This Rule at the instance of the informant Md. Moezuddin Kha is against an order of the Additional Sessions Judge, 1st Court, Pabna in ...... Sessions Judge, 1st Court, Pabna according consent to withdraw from the prosecution of the accused-opposite party No. 1 is set aside. Ed. This Case is also Reported in: 59 DLR (2007) 122. ......te of Karnataka AIR 2001 SC 116; Sikander Ali Sikder vs. State 31 DLR (AD) 135, Prativa Rani Dey vs. Dr. Md. Yusuf 52 DLR (AD) 8, Syed Motiur Rahman alias Motiur Rahman vs. State, 35 DLR (AD) 329. Lawyers involved: Bazlur Rahman Chhana with Dr. AKM Akhtarul Kabir, Advocates—For the Petitione..

Category: Criminal Law | Date: | Hits: 43

Shaherunnessa Vs. Shamsunnahar, 2007, 36 CLC (HCD)

.... the decree of the trial Court decreeing the suits are hereby set aside and both the suits are dismissed. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 217. ......ed 11-8-03 passed by Additional District Judge, Court No. 3 at Chittagong in Other Appeal No. 543 of 2002, and No. 535 of 2002 respectively, which confirmed the judgment and decree of the trial Court for khas possession of the suit premises after eviction of the defendants. 2. Opposite party as p...... the decree of the trial Court decreeing the suits are hereby set aside and both the suits are dismissed. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 217. ......ioner Vs. Shamsunnahar…….Opposite Party Judgment January 25, 2007. Cases Referred To- Sadak Ali vs. Suruj Ali 7 DLR 94; Amar Chandra Sana vs. Ajit kumar Das 33 DLR (AD) 37. Lawyers involved: Subrata Chowdhury, Advocate—For the Petitioner. (in both the Rules) MA Jal..

Category: Property Law | Date: | Hits: 35

Shahella Chowdhury Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)

....no legal effect; and they are accordingly quashed. Order of stay granted on 23-5­06 is also recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 213. ...... out of which the Rule was obtained are that the petitioner was a regular tax payee having TIN: 34-100-1503/Coys-06, Taxes Zone-2 at Chittagong. 3. After submission of the return by the petitioner for the assessment year 1999-2000 showing a liability of Taka 96,000, the Deputy Commissioner of ta......no legal effect; and they are accordingly quashed. Order of stay granted on 23-5­06 is also recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 213. ............Petitioner Vs. National Board of Revenue and others…………..Respondents Judgment March 28, 2007. Case Referred To- Raghuvanshi Mills Ltd vs. CIT; 1952 22 ITR 484 (SC). Lawyers involved: Mosharraf Hossain, Advocate—For the Petitioner. Md. Rezaul Islam, Assistan..

Category: Fiscal/Taxation Law | Date: | Hits: 69