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Abu Ashed Bhuiyan and Others Vs. Abu Taher Bhuiyan & others, 2000, 29 CLC (HCD)

....Taher Bhuiyan & others……………Opposite Parties Judgment November 5, 2000. Cases Referred To- Munsur Ali Mallik vs. Md Nurul Hoque Mallik and others BCR 1986 (AD) 56; Noor Mohammad Khan and others vs. Govt. of Bangladesh and others 42 DLR 434. Lawyers Involved: Abdul Wadu......ourt to interfere with the judgment and decree complained of. In the result, the Rule is discharged. There shall be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 209. ......suit by dismissing the appeal. There is hardly any scope for this revisional Court to interfere with the judgment and decree complained of. In the result, the Rule is discharged. There shall be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 209. ......ourt to interfere with the judgment and decree complained of. In the result, the Rule is discharged. There shall be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 209. ..

Category: Property Law | Date: | Hits: 23

Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)

....2.......oration in Reference Application Nos. 27/92, 28/92, 29/92, 30/92, 31/92, 32/92, 34/92, 35/92 and 36/92. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 202....... common question of law is involved in all these references they were heard together and are being disposed of by this judgment. 2. Reference Application No. 222 of 1991 arises out of Judgment and order dated 25-10-99 passed in ITA No. 1172 of 1983-84 (Assessment Year 1979-80) by the Taxes Appell......oration in Reference Application Nos. 27/92, 28/92, 29/92, 30/92, 31/92, 32/92, 34/92, 35/92 and 36/92. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 202...

Category: Fiscal/Taxation Law | Date: | Hits: 94

Muslim (Md) Vs. Abdul Motaleb and others, 2001, 30 CLC (HCD)

.... Vs. Abdul Motaleb and others……………Opposite Parties Judgment July 29, 2001. Cases Referred To- Commander (Retd) AA Chowdhury vs. AKM Imam Hossain and others, 49 DLR 23; Mohammad Abdul Nasir and others vs. Peoples Republic of Bangladesh and others, 28 DLR 392; Pangoti Mangara...... evidence along with the evidences of PWs 3 and 4 and cross-examination of DW 1 the trial Court, found that the defendants dispossessed the plaintiffs after filing of the suit and also issuance of ad interim order of temporary injunction and submits that Appellate Court having without reasons revers......e along with the evidences of PWs 3 and 4 and cross-examination of DW 1 the trial Court, found that the defendants dispossessed the plaintiffs after filing of the suit and also issuance of ad interim order of temporary injunction and submits that Appellate Court having without reasons reversed the f......ored. The order of status quo in respect of the possession granted earlier by this Court is vacated. Send down the lower Court records. Ed. This Case is also Reported in: 54 DLR (2002) 196...

Category: Property Law | Date: | Hits: 33

Hossain Vs. Customs, Excise and VAT Appellate Tribunal and others, 2001, 30 CLC (HCD)

....eign currency refunded to the appellant. Ed. This Case is also Reported in: 54 DLR (2002) 193. ......racted finishing agent according to the letter of credit or to have the country’s hard-earned foreign currency refunded to the appellant. Ed. This Case is also Reported in: 54 DLR (2002) 193. ......i, Assistant Attorney General—For the Respondents. Custom Appeal No. 15 of 2001. Judgment Md. Awlad Ali J.- This appeal under section 196D, the Customs Act, 1969 arises out of judgment and order dated 15-5-2001 passed by the Customs, Excise & VAT Appellate Tribunal, Dhaka in File No. ......racted finishing agent according to the letter of credit or to have the country’s hard-earned foreign currency refunded to the appellant. Ed. This Case is also Reported in: 54 DLR (2002) 193. ..

Category: Fiscal/Taxation Law | Date: | Hits: 70

Md. Talebuddin (Taleb) Vs. State, 2009, 38 CLC (AD)

....interference. The jail petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 454. ...... the death reference and dismissed the appeals and there is no cogent reason to call for any interference. The jail petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 454. ......awyers Involved: Md. Helaluddin Mollah, Advocate-For the Petitioner. Mohammad Ali Akanda, Deputy Attorney General-For the Respondent. Jail Petition No.14 of 2007. (From the judgment and order dated 30.3.2006 passed by the High Court Division in Death Reference No.11 of 2004 with Crimin...... the death reference and dismissed the appeals and there is no cogent reason to call for any interference. The jail petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 454. ..

Category: Criminal Law | Date: | Hits: 33

Abdul Hye and others Vs. Serajul Hoque and others, 2009, 38 CLC (AD)

....ngly dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 435. ......ls for no interference. There is no merit in the application. The petition is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 435. ......the Petitioners. Mazibur Rahman, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-96. Civil Petition for Leave to Appeal No. 423 of 2009. (From the judgment and order dated 26.11.200& passed by the High Court Division in Civil Revision No.5043 of 2004.) ......ls for no interference. There is no merit in the application. The petition is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 435. ..

Category: Property Law | Date: | Hits: 31

Mahmudul Huq Vs. Mostafa Kamal and others, 2010, 39 CLC (AD)

....o substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 431.......ter public interest must prevail upon individual interests. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 431.......lul Hossain, Senior Advocate instructed by M. G. Buiyan, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Review Petition No.145 of 2009. (From the judgment and order dated 27.04.2009 passed by this Division in Civil Appeal No. 175 of 2007 along with Civil Peti......ter public interest must prevail upon individual interests. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 431...

Category: Others | Date: | Hits: 81

Arun Bhowmick & others Vs. Salim Reza & others, 1987, 16 CLC (HCD)

....Chowdhury J Arun Bhowmick & others.................Petitioners Vs. Salim Reza & others.................. Opposite Party Judgment November 12, 1987. Result: The Rule is made absolute. Cases Referred to- A.I.R. 1920 (Cal) 467 (ChiranjilIal Ramala Vs. Tulsira Janki......ion and submitted his report which has been accepted by the learned Munsif, Admittedly the review petition was filed on 25.9.84 and there was no stay order of further proceeding of the suit or any ad-interim stay of the operation of the orders dated 13.9.84 and 16.9.84 and as there was no stay order......-For the Petitioners. Abdul Kuddus Miah, Advocate-For the Oppo­site Party Nos. 1-15. Civil Revision No. 50 of 1986. Judgment Mahmudul Amin Chowdhury J.- This Rule is directed against the order dated 21.1.1986 passed by the learned District Judge, Comilla, in Miscellaneous Appeal No. 24 ......rder dated 13.9.84 passed by the learned Munsif is hereby restored. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 199. ..

Category: Procedural Law | Date: | Hits: 95

Mrs. Tahera Islam Vs. Secretary, Ministry of Home Affairs, Govt. of Bangladesh and others, 1987, 16 CLC (HCD)

....inal Original Jurisdiction) Present: Amin-Ur-Rahman Khan J Syed Fazle Ahmed J Mrs. Tahera Islam.................Petitioner Vs. The Secretary, Ministry of Home Affairs, Govt. of Bangladesh and others............Opposite parties Judgment October 27, 1987. Cases Referred to-...... Let a copy of this order be communicated to the Superintendent of Dhaka Central jail for compli­ance. Syed Fazle Ahmed J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 193.......No. 43 of 1985, in the Court of the District Judge, Sylhet for recovery of the loan dues. On 24.2.87 the petitioner's husband was arrested and brought to Dhaka Central Jail and on 25.2.87 a detention order was issued by the Government directing his detention for three months. The grounds of detentio...... Let a copy of this order be communicated to the Superintendent of Dhaka Central jail for compli­ance. Syed Fazle Ahmed J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 193...

Category: Banking Law | Date: | Hits: 151

Ratan Kha @ Rattan & Others Vs. State, 1988, 17 CLC (HCD)

....thers..............Appellant Vs. The State...............Respondent Judgment January 11, 1988. Result: The appeal is allowed. Cases Referred to- Haripada Devenath and another Vs. The State,19 DLR (Dhaka) 573; State Vs. Jatindra Kumar Sulradhar alias ......de is affirmed, but they are acquitted of the charge under section 397 of the Penal Code. Send down the records immediately. Ed. This Case is also Reported in: 40 DLR (1988) 186. ......Penal Code and sentenced to suffer rigorous imprison­ment for 75 years each by Mr. D.N. Chanda, Addi­tional Sessions Judge, 2nd Court, Patuakhali in Sessions Case No. 27 of 1980 by his judgment and order dated 5.4.84. 2. P.W. 1, the informant Nur Mohammad stated at the, trial that simultaneo......de is affirmed, but they are acquitted of the charge under section 397 of the Penal Code. Send down the records immediately. Ed. This Case is also Reported in: 40 DLR (1988) 186. ..

Category: Criminal Law | Date: | Hits: 49

State Vs. MA Monir & Others, 1987, 16 CLC (HCD)

....l Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 183.......ouble. In that view of the matter, we condone the non-appearance of contemner Nos. 2 and 4. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 183....... from Comilla Bench to Dhaka Bench. The prayer was allowed and that is how the matter remains to be disposed of by this Bench. 4. Service on the contemner No.1 was deemed to be good service by our order dated 18.8.87. Contemner No.1, however, has made no appearance. Contemner Nos. 2-4 have filed ......ouble. In that view of the matter, we condone the non-appearance of contemner Nos. 2 and 4. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 183...

Category: Criminal Law | Date: | Hits: 37

Ezahar Sepai Vs. The State, 1987, 16 CLC (HCD)

....s. Appellate Tribunal, 29 DLR (SC) 211. Lawyers Involved: Enayet Peer Khan and M. Shamsul Alam, Advo­cate - For the Appellant. Fakhrul Islam, Assistant Attorney General and Abdus Satter Howlader - For the State. Criminal Appeal No. 79 of 1983 Judgment AM Mahmudur Rahman J. - Accu......e result, the appeal is dismissed. The appellant is directed to surrender to the bail bond to serve out the remainder of the sentence. Ed. This Case is also Reported in: 40 DLR (1988) 177. ......hul Amin Jamader and many others came on the road; that Mansur Talukder with deceased Shafiuddin Jamader also came; that as soon as Shafiuddin raising his hands asked to stop the quarrel Ezahar Sepai ordered to attack them. At this Kalu Sepai dealt a baitha blow on the head of Altaf who fell down in......e result, the appeal is dismissed. The appellant is directed to surrender to the bail bond to serve out the remainder of the sentence. Ed. This Case is also Reported in: 40 DLR (1988) 177. ..

Category: Criminal Law | Date: | Hits: 93

Harun-or-Rashid Talukder Vs. District Manager, Pubali Bank, Jamalpur, 1988, 17 CLC (HCD)

....vocate - For the Respondent No. 2. Appeal from Original Order No. 227 of 1987 Judgment Mustafa Kamal J.- This First Miscellane­ous Appeal has been preferred under Article 36(1) of the Bangladesh Legal Practitioners and Bar Council Order, 1972 (P.O. No. 46 of 1972) against the judg­ment a......ver to reduce the sentence. In the result the appeal is dismissed but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 170. ......a Kamal J.- This First Miscellane­ous Appeal has been preferred under Article 36(1) of the Bangladesh Legal Practitioners and Bar Council Order, 1972 (P.O. No. 46 of 1972) against the judg­ment and order dated 5.7.87 passed by Tribunal No. II of the Bangladesh Bar Council in Tribunal Case No. 4 of......ver to reduce the sentence. In the result the appeal is dismissed but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 170. ..

Category: Others | Date: | Hits: 72

Falu Mia & others Vs. Safar Ali & others, 1988, 17 CLC (HCD)

.... Falu Mia & others.................Petitioners Vs. Safar Ali & others.............Opposite Parties Judgment March 24, 1988. Case Referred to- West Pakistan Vs. Gulzar Mohammad, 21 DLR (SC) 46. Lawyers Involved: M.H. Khondoker, with AJ Mohammad Ali - For the Petitione......ke out any case for reception of addi­tional evidence in this case. The Rules are therefore discharged but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 165.......clear, had no de­fect of jurisdiction in entertaining the petitioners' Civil Petition, because it has jurisdiction, in terms of Article 103(1) "to hear and determine appeals from judgments, decrees, orders or sentences of the High Court Division." 16. The Appellate Division has also full and com......ke out any case for reception of addi­tional evidence in this case. The Rules are therefore discharged but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 165...

Category: Property Law | Date: | Hits: 29

Asgar Ali & others Vs. Additional Deputy Commis­sioner, Khulna & others, 1987, 16 CLC (HCD)

....uty Commis­sioner, Khulna & others...............Opposite Parties Judgment August 30, 1987. Cases Referred to- Halima Khatun's case 30 DLR (AD) 20; Nasiruddin Vs. Government of Bangladesh 32 DLR (AD) 216; 30 DLR (AD). Lawyers Involved: Miah Abdul Gafur, Advocate - For the Pet......which is illegal and mala fide. Hence the suit. 3. In that suit the Additional Deputy Commissioner, Khulna appeared and opposed the prayer for in­junction but the court was pleased to grant an ad-interim injunction on contest, where after opposite party No. 13, namely, Narendra Nath Roy entered ......ict Judge, Khulna affirmed the said, holding that the court had no jurisdiction and as the suit had abated in view of Marital Law Regulation No. VII the plain­tiff has no case. 6. As against that order this revisional applica­tion was moved and the Rule obtained where the par­ties were directe...... remand for trial in the light of the observation made herein before. There will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 40 DLR (1988) 157. ..

Category: Property Law | Date: | Hits: 36

Belal Ahmed Vs. State, 1987, 16 CLC (HCD)

.... and sentenced them to suffer rigorous imprisonment for one year each only. 2. The prosecution case in short is that on 12.9.83 at about 8 P.M. the informant's daughter Shahanaz Parvin Shipa was reading in her room while the present accused Belal and Obud came in front of the door and asked her t......liberty at once if not wanted in connection with any other case. If on bail, the bail bonds of the accused appellant Belal stands cancelled. Ed. This Case is also Reported in: 40 DLR (1988) 154. ......For the State. Criminal Revision No. 47 of 1985. Judgment Qazi Shafi Uddin J.- This is an application under section 439 of the Code of Criminal Procedure directed against the judg­ment and order dated 15.4.85 passed by Mr. A. Hamid, Sessions Judge, Sylhet in Criminal Appeal No. 30/ III of......liberty at once if not wanted in connection with any other case. If on bail, the bail bonds of the accused appellant Belal stands cancelled. Ed. This Case is also Reported in: 40 DLR (1988) 154. ..

Category: Criminal Law | Date: | Hits: 38

Government of Bangladesh and others Vs. Md. Shahinoor Bari and others, 2010, 39 CLC (AD)

....l for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 424. ......no substance in the submissions of the learned Deputy Attorney General for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 424. ......ate-on-Record-For Respondent No.1. (In Civil Petition No. 328 of 2010) Not represented- Respondent Nos. 2-13. Civil Petition for Leave to Appeal Nos. 328-29 of 2010. (From the judgment and order dated the 2nd day of June, 2009 passed by the High Court Division in Writ Petition Nos. 8690 o......no substance in the submissions of the learned Deputy Attorney General for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 424. ..

Category: Employment/Service Law | Date: | Hits: 86

Kamaluddin Ahmed Sarwar alias Alhaj Kamaluddin Sarwar being dead his heirs Hasina Banu and others Vs. Mohammad Shahjahan and another, 2010, 39 CLC (AD)

....earned Advocate-on-Record. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 421. ......d any failure of justice. We find no merit in the contention of the learned Advocate-on-Record. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 421. ......te, instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent No.1. Not Represented-For Respondent No.2. Civil Petition to Leave to Appeal No.1060 of 2009. (From the judgment and order dated 27.10.2008 passed by the High Court Division in Civil Revision No.1802 of 2008.) Judg......d any failure of justice. We find no merit in the contention of the learned Advocate-on-Record. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 421. ..

Category: Procedural Law | Date: | Hits: 68

Banesa Bibi Vs. The Senior Vice-President and others, 2009, 38 CLC (AD)

....on is accordingly dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 160, 18 BLT (AD) (2010) 507, 8 LG (AD)(2011) 55....... accordance with law and no interference is called for. The petition is accordingly dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 160, 18 BLT (AD) (2010) 507, 8 LG (AD)(2011) 55.......ted-Respondent Nos.1-7 & 9-11. Civil Petition for Leave to Appeal No.1774 of 2008. Judgment Shah Abu Nayeem Mominur Rahman J. - This leave petition is directed against the judgment and order dated 14.05.2008 passed in Writ Petition No. 4196 of 2007 by the High Court Division dischargi...... accordance with law and no interference is called for. The petition is accordingly dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 160, 18 BLT (AD) (2010) 507, 8 LG (AD)(2011) 55...

Category: Civil Law | Date: | Hits: 81

Azimul Kabir (Md) Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)

....upreme Court High Court Division (Special Original Jurisdiction) Present: MA Aziz J Md. Shamsul Huda J Azimul Kabir (Md)……………..Petitioner Vs. Government of Bangladesh and others…………………. Respondents Judgment August 1, 2001. Cases Referred ......officials to take proper and adequate care and caution to ascertain that there are materials justifying the passing of an order of detention. Ed. This Case is also Reported in: 54 DLR (2002) 189.......ocedure in connection with Cantonment PS General Diary No.113 dated 3-4-2001. He was seriously tortured by the police. He was thereafter sent to Dhaka Central Jail. While in custody since 4-4-2001 an order of detention under section 3(2) of the Special Powers Act, 1974 was served upon him on 17-4- 2......officials to take proper and adequate care and caution to ascertain that there are materials justifying the passing of an order of detention. Ed. This Case is also Reported in: 54 DLR (2002) 189...

Category: Criminal Law | Date: | Hits: 45