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MA Qasem Vs. Subordinate Judge, Artha Rin Adalat and others, 1999, 28 CLC (HCD)

....it Petition No. 1406 of 1995. Judgment Md. Ruhul Amin J.- This Rule has been obtained upon an application filed under Article 102(2) (a) (ii) of the Constitution of the Peoples Republic of Bangladesh impugning the order dated 9-4-1995 (order No.15 dated 9-4-1995) of the Court of Subordinate Ju......en prejudiced in any respect or manner. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 341. ...... of 1995. Judgment Md. Ruhul Amin J.- This Rule has been obtained upon an application filed under Article 102(2) (a) (ii) of the Constitution of the Peoples Republic of Bangladesh impugning the order dated 9-4-1995 (order No.15 dated 9-4-1995) of the Court of Subordinate Judge and Artha Rin Ad......en prejudiced in any respect or manner. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 341. ..

Category: Civil Law | Date: | Hits: 90

Serajul Hoque Vs. Commissioner of Taxes, Intelligence and Investigation Zone Dhaka, 1999, 28 CLC (HCD)

....¦â€¦â€¦â€¦â€¦â€¦..Applicant Vs. Commissioner of Taxes, Intelligence and Investigation Zone Dhaka …………Respondent Judgment August 18, 1999. Lawyers Involved: Khondker Fazlul Quadir, Advocate—For the Applicant. Not represented— the Respondent. Income Tax Reference Ap......ion raised in this reference is answered in the negative and in favour of the assessee applicant. There will be no order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 338....... other sources under section 19 of the Ordinance. The DCT added Taka 2, 80,000.00 as income although there was an increase in wealth of Taka 2, 48,926.00. 2. Being aggrieved by the said assessment order, the assessee preferred an appeal to the Senior Appellate Joint Commissioner of Taxes Range-A,......ion raised in this reference is answered in the negative and in favour of the assessee applicant. There will be no order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 338...

Category: Fiscal/Taxation Law | Date: | Hits: 81

Eman Ali Mallik Vs. State, 2000, 29 CLC (HCD)

.... them thereunder to suffer RI for 2 years and to pay a fine of Taka 19,721.95 in default, to suffer RI for a further period of 1 year. 2. The prosecution case, in short, is that on 31-10-92 Md. Wazad Ali, an Inspector of the Bureau of Anti-Corruption, Faridpur lodged an First Information Report a...... case within six months from the date of receipt of the case records from this Court. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 335.......ent. (In both the appeals) Criminal Appeal No. 1000 of 1995 with Criminal Appeal No. 729 of 1995. Judgment Gour Gopal Saha J.- These two appeals are directed against the judgment and order dated 24-4-95 passed by the Special Judge, Court No. 2, Rajbari in Special Case No.13 of 1994,...... case within six months from the date of receipt of the case records from this Court. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 335...

Category: Criminal Law | Date: | Hits: 43

Jamal Uddin alias Md. Jamal Uddin Vs. State, 2000, 29 CLC (HCD)

....ely. 2. The prosecution case, in short, is that at about 5-00 PM on 8-9-85 victim Hachen Ali, son of informant Abdul Barek, got down at Gazipur Bazar from a bus and went to the other side of the road to get another bus. At that time a coach bearing registration No. Mymensingh BA-151 came there at......e immediate steps for securing his arrest to serve out the sentence imposed upon him. Send down the Lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 330.......e Petitioner. FKM Ahsan Mahbub, Assistant Attorney-General—For the State. Criminal Revision No. 647 of 1993. Judgment Gour Gopal Saha J .- This Rule is directed against the judgment and order dated 27-2-93 passed by the Sessions Judge, Gazipur, in Criminal Appeal No.14 of 1986, affirmi......e immediate steps for securing his arrest to serve out the sentence imposed upon him. Send down the Lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 330...

Category: Criminal Law | Date: | Hits: 37

A Jabber Howlader Vs. Ali Akbar Howlader and State, 1999, 28 CLC (HCD)

....Case is also Reported in: 52 DLR (HCD) (2000) 329.......end down the LC Records along with a copy of this judgment to the District Magistrate, Jhalakati, for disposal of this case as per law. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 329.......represented — the Accused-Respondent. Criminal Appeal No.1128 of 1994. Judgment Md. Hassan Ameen J.- This criminal appeal, at the instance of complainant-appellant, is directed against the order dated 19-5-94, passed by Mr. Abul Kasem, Assistant Commissioner and Magistrate, 1st Class, Jha......end down the LC Records along with a copy of this judgment to the District Magistrate, Jhalakati, for disposal of this case as per law. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 329...

Category: Criminal Law | Date: | Hits: 63

Babar Hossain Vs. State, 2000, 29 CLC (HCD)

....lice after most strenuous efforts. He was allowed to go on bail by the learned Magistrate soon thereafter but eventually he jumped the bail and became a fugitive from justice as a result of which he had to be tried in absentia. 12. In the facts and circumstance of the case it was not possible for...... Magistrate of the 1st Class, Chouddagram and the Deputy Commissioner Comilla immediately for their information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 326. ......e Petitioner. FKM Ahsan Mahbub, Assistant Attorney General—For the State. Criminal Revision No. 1372 of 1992. Judgment Gour Gopal Saha J.- This Rule is directed against the Judgment and order dated 2-6-92 passed by the 4th Court of Additional Sessions Judge, Comilla in Criminal Appeal ...... Magistrate of the 1st Class, Chouddagram and the Deputy Commissioner Comilla immediately for their information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 326. ..

Category: Criminal Law | Date: | Hits: 58

Shawn Apparels Ltd. Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)

....petition seizing fabrics of the petitioner as contained in container No. PCIU 4440796 and MLCU 3603969 and rotation No.964/97 and 979/97 dated 28-9-97 and 1-10-97 should not be declared to have been made without lawful authority and is of no legal effect and why the respondents should not be directe......ake that the impugned order is an appealable order but the provisions of appeal as provided by section 193 of the Customs Act is not efficacious and speedy remedy like the writ petition because no ad-interim order can be passed by the Appellate authority. The learned Advocate finally submits that th......Attorney- General—For the Respondents. Writ Petition No. 2692 of 1998. Judgment Syed Amirul Islam J.- This Rule was issued calling upon the respondents to show cause as to why the impugned order vide Nothi No. 5-Cus (2116) Import ICD Group-I/97, dated 14-7.93 Annexure ‘I’ to the petit......ecretary of Finance (IRD), 2) Secretary, Ministry of Commerce, 3) Chairman, the National Board of Revenue for necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 316. ..

Category: Fiscal/Taxation Law | Date: | Hits: 83

Rabia Bashri Irene and another Vs. Bangladesh Biman Corporation, represented by MD. & another, 2000, 29 CLC (HCD)

....dents are to take steps accordingly without delay. In the result, these Rules are made absolute without any order as to costs. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 308. ......pondents are to take steps accordingly without delay. In the result, these Rules are made absolute without any order as to costs. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 308. ......sdiction, that the employments of the petitioners were on contract basis, the terms and conditions were mentioned in the Letter of Appointment, further service regulations of Bangladesh Biman, office orders, standing orders, directives and rules are also applicable to them in matters not specificall......pondents are to take steps accordingly without delay. In the result, these Rules are made absolute without any order as to costs. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 308. ..

Category: Employment/Service Law | Date: | Hits: 113

Shahabuddin Ahmed Vs. Abdur Rab Molla & others, 1999, 28 CLC (HCD)

....Shahabuddin Ahmed ……………………………..Petitioner Vs. Abdur Rab Molla & others …………………….Respondents Judgment July 20, 1999. Case Referred To- Hari Pada Dutta Vs. Jay Gopal Mukherjee, 39 CWN 934. Lawyers Involved: Mir Mahfuzur Rahman, Abdus Sa......1992, is set aside. In the result, the Rule is made absolute but without any order as to costs. Send down the records forthwith. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 305. ...... Rule at the instance of the appellant-petitioner was issued under section 115 of the Code of Civil Procedure, calling upon the respondent opposite party No.1 to show cause as to why the Judgment and order No.60 dated 18-10-1993, passed by the Additional District Judge, Narayanganj, in Miscellaneous......1992, is set aside. In the result, the Rule is made absolute but without any order as to costs. Send down the records forthwith. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 305. ..

Category: Trust/Waqf Law | Date: | Hits: 189

Golam Mostafa (Md.) and 2 others Vs. Bangladesh Jute Mills Corporation and others, 1999, 28 CLC (HCD)

....e Court High Court Division (Special Original Jurisdiction) Present: Md. Fazlul Karim J Md. Ali Asgar Khan J Golam Mostafa (Md.) and 2 others ………..Petitioners Vs. Bangladesh Jute Mills Corporation and others..................Respondent Judgment July 11, 1999. ......es are made absolute without any order as to costs. The respondents are accordingly directed to reinstate the petitioners in service. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 299. ......nvolved. 2. In all the above mentioned 3 writ petitions Rules were issued calling upon the respondents on the application together with supplementary affidavit to show cause as to why the impugned order contained in Memo No. prosi/Bibha Zio 97, Mamla 214 (Head Office) 724-726 dated 19-11-97 issue......es are made absolute without any order as to costs. The respondents are accordingly directed to reinstate the petitioners in service. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 299. ..

Category: Employment/Service Law | Date: | Hits: 87

Lakshmi Bazar Shahi Masjid Committee and another Vs. St Francis Xavier’s Girls High School, 1999, 28 CLC (HCD)

....copy of this judgment be sent to the concerned Court below immediately. Ed. This Case is also Reported in: 51 DLR (1999) 557. ......ranted at the time of issuance of the Rule stands vacated. Let a copy of this judgment be sent to the concerned Court below immediately. Ed. This Case is also Reported in: 51 DLR (1999) 557. ......eet the ends of justice in a given case brought to the notice of the High Court Division. The High Court Division is clothed with supplementary power of superintendence and control over the judgment, order, action of the Courts subordinate to the High Court Division. The High Court Division can inte......ranted at the time of issuance of the Rule stands vacated. Let a copy of this judgment be sent to the concerned Court below immediately. Ed. This Case is also Reported in: 51 DLR (1999) 557. ..

Category: Property Law | Date: | Hits: 68

Maksuda Akhter Vs. Md. Serajul Islam, 1999, 28 CLC (HCD)

....he money earmarked for every instalment. 4. On the other hand, Mr. Aziz Ahmed Chowdhury the learned Counsel for’ the judgment debtor opposite party submits that since the judgment debtor has already suffered once, imprisonment for three months for his failure to pay the instalment for the month......red on his own application and in case of failure the law will come into force in the manner as aforesaid. No order is passed as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 554.......e —For the Opposite Parties. Civil Revision No. 4890 of 1998. Judgment Abu Sayeed Ahammed J. - This Revision at the instances of the plaintiff Masuda Akhter (Nevy) against the judgment and order dated 16-11-98 passed in Family Execution Case No. 3 of 1998 by the 4th Court of the Additiona......red on his own application and in case of failure the law will come into force in the manner as aforesaid. No order is passed as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 554...

Category: Family Law | Date: | Hits: 162

Ibrahim Cotton Mills Ltd. and others Vs. Chittagong Chamber of Commerce and Industry and others, 1999, 28 CLC (HCD)

.... Chittagong Chamber of Commerce and Industry. 2. Against that the respondents have filed an application for the return of the application filed under section 43 of the Companies Act. 3. Facts leading to the filing of the application under section 43 of the Companies Act, 1994, in brief, are as......he Companies Act be returned to the petitioner. The petitioner may refer the matter to the said Arbitration Tribunal, if so advised. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 538....... Judge, Chittagong alleging that the Board of Directors of the Chamber of Commerce illegally refused their applications for membership of the Chamber of Commerce and prayed for a declaration that the order of the said Board of Directors rejecting their applications was illegal and that they are enti......he Companies Act be returned to the petitioner. The petitioner may refer the matter to the said Arbitration Tribunal, if so advised. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 538...

Category: Company Law | Date: | Hits: 198

Jalal Uddin Ahmed (Md.) and others Vs. Delwar Hossain and others, 1999, 28 CLC (HCD)

.... When the appeals were proceeding and were being contested by the pre-emptor, the pre-emptee filed an applications for noting by the appellate Court that the original pre-emption Miscellaneous Cases had already abated for non-substitution of the heirs of the opposite parties 20 and 21, namely Monir ......nths from the date of receipt of this order. No costs. The office is directed to communicate this order at once to the appellate Court. Ed. This Case is also Reported in: 51 DLR (1999) 552.......8 and 19 of 1992 were filed in time and making necessary deposits in time. The trial Court after hearing the pre-emption cases analogously allowed the pre-emption cases on contest by the judgment and order dated 11-8-92. 3. The pre-emptee took the Miscellaneous Appeals 200 and 201 of 1992 against......nths from the date of receipt of this order. No costs. The office is directed to communicate this order at once to the appellate Court. Ed. This Case is also Reported in: 51 DLR (1999) 552...

Category: Property Law | Date: | Hits: 58

Monowara Begum Vs. Atiqullah, 1999, 28 CLC (HCD)

.... Saha J Monowara Begum …………………………..Petitioner Vs. Atiqullah………………………………….Opposite Party Judgment June 6, 1999. Result: The Rule is made absolute. Case Referred to- Md. Atiqullah Vs. Mrs. Sanawara Begum and others, 1996 BLD (AD......rt, Dhaka is hereby set aside. The stay granted earlier by this Court is hereby vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (1999) 550.......Not Represented — the Opposite Parties. Civil Revision Case No. 252 of 1998. Judgment Mahfuzur Rahman J. - This Rule under section 115 of the Code of Civil Procedure is directed against an order passed by Subordinate Judge, 3rd, Court, Dhaka on 30-11-97 in Partition Suit No.176 of 1995 st......rt, Dhaka is hereby set aside. The stay granted earlier by this Court is hereby vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (1999) 550...

Category: Property Law | Date: | Hits: 57

Abul Kalam Mollah Vs. State, 1999, 28 CLC (HCD)

.... 05-00 PM on 18-4-90 and accordingly, the informant of the present case was deputed for holding inquiry wherein the present informant visited the place of occurrence, prepared inquest report of the dead body of the deceased and sent it to morgue for holding post-mortem examination, examined the witn...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 544.......Respondent. Criminal Appeal No. 1067 of 1991. Judgment Md. Hassan Ameen J. - This Criminal appeal, at the instance of accused appellant Abul Kalam Molla, is directed against the judgment and order dated 6-6-91 passed by the learned Sessions Judge, Faridpur, convicting the accused-appellant ...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 544...

Category: Criminal Law | Date: | Hits: 32

Mostafa Aminur Rashid Vs. State, 1999, 28 CLC (HCD)

....inable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543....... said case which has already been decided on merits and the judgment has been signed is not maintainable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543.......and disposed of by this Bench on 2-2-99. Against that the Criminal Petition for Leave to Appeal No. 76 of 1991 was moved before the Appellate Division but the same was dismissed as not pressed by its order dated 20-5-99. The order of the Appellate Division is in the following terms: “Mr. Abd...... said case which has already been decided on merits and the judgment has been signed is not maintainable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543...

Category: Criminal Law | Date: | Hits: 55

Mostafa Aminur Rashid Vs. State, 1999, 28 CLC (HCD)

....inable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543....... said case which has already been decided on merits and the judgment has been signed is not maintainable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543.......and disposed of by this Bench on 2-2-99. Against that the Criminal Petition for Leave to Appeal No. 76 of 1991 was moved before the Appellate Division but the same was dismissed as not pressed by its order dated 20-5-99. The order of the Appellate Division is in the following terms: “Mr. Abd...... said case which has already been decided on merits and the judgment has been signed is not maintainable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543...

Category: Criminal Law | Date: | Hits: 52

Khurshid Alam Vs. Securities and Exchange Commission and others, 1999, 28 CLC (HCD)

....petitioner to the contesting respondent No. 1. Ed. This Case is also Reported in: 51 DLR (1999) 534.......he result, the Rule is discharged with cost of Taka 10,000.00 (ten thousand) to be paid by the petitioner to the contesting respondent No. 1. Ed. This Case is also Reported in: 51 DLR (1999) 534.......id letter and also directed to furnish petitioner’s bank account statement for the aforesaid period. Petitioner claimed that he cannot supply the details of payments made by him by bank cheques/pay order nor bank account of the petitioner can be disclosed without proper order from Court or authori......he result, the Rule is discharged with cost of Taka 10,000.00 (ten thousand) to be paid by the petitioner to the contesting respondent No. 1. Ed. This Case is also Reported in: 51 DLR (1999) 534...

Category: Banking Law | Date: | Hits: 196

Matiur Rahman (Md.) Vs. Dhaka Stock Exchange Ltd. and another, 1999, 28 CLC (HCD)

....Limited bearing share Certificate No. 000025 with rights attached to it inclusive of the right of possession of Room No. 212 of the Dhaka Stock Exchange Building from one Mrs. Rashida Hossain who was admittedly the owner of the said share and had been in possession of the Room No. 212 of the said St......f the right of possession of Room 212 of the Dhaka Stock Exchange Building. The application is thus allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 530.......ntitled to continue with all benefits attached to the said shares inclusive of the right of possession of Room 212 of the Dhaka Stock Exchange Building. The application is thus allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 530.......f the right of possession of Room 212 of the Dhaka Stock Exchange Building. The application is thus allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 530...

Category: Company Law | Date: | Hits: 194