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Bellal Hossain (Md) & others Vs. Md. Yasin Ali Mondal and ors., 2007, 36 CLC (HCD)
....mp; others………………Pre-emptee-Petitioners Vs. Md. Yasin Ali Mondal and others....……….Opposite Parties Judgment February 4, 2007. Result: The Rule is made absolute. Case Referred to- Hajarilal Mondal vs. Md. Mozaffor Bepari, 8 BLC (AD) ......ed earlier by this Court stands vacated. Send down the lower Court's record at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 634. ......ite Party No. 1. Civil Revision No. 4386 of 2002. Judgment SM Ziaul Karim J.- This Rule was issued, calling upon the opposite party No. 1 to show cause as to why the judgment and order dated 17-6-2002 passed by the learned District Judge, Naogaon in Miscellaneous Appeal No. 67 o......ed earlier by this Court stands vacated. Send down the lower Court's record at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 634. ..Category: Property Law | Date: | Hits: 23
Commissioner of Taxes Vs. Prime Bank Ltd., 2007, 36 CLC (HCD)
....Deputy Commissioner of Taxes against the impugned order dated 19-12-2001 of the Taxes Appellate Tribunal, which set aside the order 10-9-2000 passed by the Inspecting Additional Commissioner of Taxes adding so-called capital loss of Taka 18,15,67,643 to the total income of the respondent assessee an......peal to Appellate Division under section 162 of the Ordinance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ......or the Respondent. Reference Application No. 150 of 2002. Judgment Md. Abdur Rashid J.- The above reference was presented by the Deputy Commissioner of Taxes against the impugned order dated 19-12-2001 of the Taxes Appellate Tribunal, which set aside the order 10-9-2000 passed b......peal to Appellate Division under section 162 of the Ordinance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ..Category: Fiscal/Taxation Law | Date: | Hits: 82
Abdur Rashid Miah and another Vs. Md. Zami Shah Newaz and others, 2007, 36 CLC (HCD)
....z and others……………..Opposite Parties Judgment March 11, 2007. Result: The Rule is disposed of with modification. Cases Referred to- Tarak Chandra Maghi vs. Atahar Ali Howlader, 8 MLR (AD) 209; 8 BLC (AD) 67. Lawyers involved: Md. Shamsul Alam, Advocate — For the......h above modification that the contentious signatures or writings are to be examined with admitted signatures. Ed. This Case is also Reported in: 59 DLR (2007) 625; 13 MLR (HCD) (2008) 317. ......Judgment Siddiqur Rahman Miah J.- This revisional application under section 115(1) of the Code of Civil Procedure at the instance of the plaintiffs-respondents is directed against the judgment and order dated 6-1-2000 passed by the learned Additional District Judge, Bhola in Title Appeal No. 59 o......h above modification that the contentious signatures or writings are to be examined with admitted signatures. Ed. This Case is also Reported in: 59 DLR (2007) 625; 13 MLR (HCD) (2008) 317. ..Category: Property Law | Date: | Hits: 32
Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....urt Division (Special Original Jurisdiction) Present: Mirza Hussain Haider J Farah Mahbub J Udayan Garments (Pvt.) Ltd., represented by MD and another....Petitioners Vs. Bangladesh and others……………….Respondents Judgment March 15, 2007. Cases Referred To-......rtificate under section 33(5) of the Ain in Writ Petition No. 6732 of 2004 are made absolute. However, there will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 615....... of Judge of the Artha Rin Adalat, 1st Court, Chittagong, namely Mr. Md. Abdur Rouf, being violative of Article 116 of the Constitution and section 4(5) of the Artha Rin Adalat Ain, 2003 and also the order No. 9 dated 296-03 passed by the Adalat in Mortgage Execution Case No/35 of2002 transferring......rtificate under section 33(5) of the Ain in Writ Petition No. 6732 of 2004 are made absolute. However, there will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 615...Category: Constitutional Law | Date: | Hits: 168
Abdul Mannan Matubbar Vs. Bangladesh Water Development Board and others, 2007, 36 CLC (HCD)
....2008) 51. ...... considering his explanation." Accordingly, the Rule is discharged, however, without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 610; 13 MLR (HCD) (2008) 51. ......nnexure-E) imposing compulsory retirement upon the petitioner should not be declared to be arbitrary, mala fide without lawful authority and to be of no legal effect and/or pass such other or further order or orders as to this court may seem fit and proper. Bangladesh Water Development Board (Emp...... considering his explanation." Accordingly, the Rule is discharged, however, without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 610; 13 MLR (HCD) (2008) 51. ..Category: Employment/Service Law | Date: | Hits: 76
Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....h Court Division (Special Original Jurisdiction) Present: Mirza Hussain Haider J Farah Mahbub J Angels Corporation (Pvt.) Ltd. and another……………..Petitioners Vs. Bangladesh and others ……………………………….. Respondents Judgment February 18, 200......sult, Rules in Writ Petition Nos. 6579 of 2004 and 6057 of 2005 are discharged without any order as to costs.Stay granted earlier stands vacated.Ed.This Case is also Reported in: 59 DLR (2007) 601. ......ed of by this single judgment. In Writ Petition No. 6579 of 2004 a Rule Nisi has been issued under Article 102 of the Constitution upon the respective respondents to show cause as to why the impugned order of "Transformation" of TS 195/2000 vide order No. 14 date 1-10-2003, previously filed under th......sult, Rules in Writ Petition Nos. 6579 of 2004 and 6057 of 2005 are discharged without any order as to costs.Stay granted earlier stands vacated.Ed.This Case is also Reported in: 59 DLR (2007) 601. ..Category: Others | Date: | Hits: 104
Manzu Sweeper Vs. State, 2005, 34 CLC (HCD)
....he Special Powers Act, 1974 (Act No. XIV of 1974); section 25A The object of the legislation is to prevent using, selling or trafficking in any way in counterfeit or forged notes. The offence as made under section 25A of the Special Powers Act, 1974 is no doubt of serious nature and may entail w...... a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 593; 13 MLR (HCD) (2008) 417. ......o be suspicious and tries to get rid of it, he cannot be held guilty under section25A of the Special Powers Act, 1974. ……………………………(31) It is well settled that an accused, in order to be found guilty under section 25A of the Special Powers Act, must have mens rea or guilty m...... a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 593; 13 MLR (HCD) (2008) 417. ..Category: Criminal Law | Date: | Hits: 40
Mofidul Haque (Md) Vs. Bangladesh, 2006, 35 CLC (HCD)
.... to costs. Ed. This Case is also Reported in: 59 DLR (2007) 588. ......, there is no merit in this appeal. The appeal must fail. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 588. ...... Sarker, Advocates—For Respondent No. 2. Trade Mark Appeal No. 24 of 2002. Judgment Md. Awlad Ali J.- This appeal under section 76 of the Trade Marks Act, 1940 arises out of an order dated 21-8-2002 passed by the Deputy Registrar of Trade Marks in Rectification Case No. 295 of......, there is no merit in this appeal. The appeal must fail. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 588. ..Category: Intellectual Property Law | Date: | Hits: 198
A Wadud Member and another Vs. State, 2006, 35 CLC (HCD)
....cated. Ed. This Case is also Reported in: 59 DLR (2007) 586. ......We find no substance in the Rule, In the result, the Rule is discharged. The order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 59 DLR (2007) 586. ......e case found against the accuseds, charge sheet was submitted on 21-5-2005 against the accused petitioners and co-accuseds. Thereafter the case was sent to Additional District Magistrate and from the order sheet it appears that the learned Magistrate received the first information report and it also......earned Magistrate received the first information report and it also appears that some of the accused appeared and were enlarged on bail. The accused petitioner appeared before this Court and obtained anticipatory bail from this Court. From the order dated 5-3-2002 it appears that the learned Magistr..Category: Criminal Law | Date: | Hits: 29
Jaban Ali and others Vs. Tazir Muhammad and others, 2007, 36 CLC (HCD)
....84. ......same subject-matter, if not otherwise barred by any law. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 584. ......Nos. 1 and 2. Civil Revision No. 61 of 1985 (Rangpur). Civil Revision No. 6752 of 1991 (Dhaka). Judgment SM Ziaul Karim J.- This Rule, calls in question the legality and propriety of the order dated 6-8-1984 passed by the learned Subordinate Judge, Thakurgaon, in Other Class Suit No. 51......same subject-matter, if not otherwise barred by any law. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 584. ..Category: Property Law | Date: | Hits: 23
Namita Rani Biswas and others Vs. Rabindra Nath Majhi and others, 2007, 36 CLC (HCD)
.... Judgment August 8, 2007. Cases Referred To- Manorama vs. Shiva Sundari 24 CWN 480. Kali Das vs. lshan Chander 31 Cal 914 (PC); State vs. Pali Ram, AIR 1974 (SC) 14; Bangladesh vs. AKM Saifiil Alam 9 MLR (AD) 201 - 56 DLR (AD) 41; Anil Behari Ghose vs. Sint Latika Bala D......arned District Judge, Khulna is set aside and restored the grant of Letter of Administration. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ...... Bazlul Kabir Advocates—For the Respondents. Appeal from Original Decree No. 333 of 1997. Judgment SK Sinha J.- Opposite party No. 1 preferred this appeal from the judgment and order dated 9-10-97 of the District Judge, Khulna in Miscellaneous Case No. 176(A) of 1985, a procee......arned District Judge, Khulna is set aside and restored the grant of Letter of Administration. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ..Category: Property Law | Date: | Hits: 68
Sylhet Gas Fields Ltd. Vs. Chairman, 2nd Labour Court and another, 2007, 36 CLC (HCD)
....t No. 2 is an employee of this petitioner company. 3. The facts necessary for disposal of this Rule, in short, are as follows : The respondent No. 2 was Working as a Typist-cum-Clerk (Grade-2) in the Store Department of the petitioner company; On 29-1-2001 a show cause notice was serve......ischarged on contest without any order as to cost. The stay order passed at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 576. ......r Respondent No. 2. Writ Petition No. 3316 of 2004. Judgment Nazmun Ara Sultana J.- This Rule Nisi was issued calling upon the respondent to show cause as to why the judgment and order dated 29-5-2004 (Annexure-G) passed by the Chairman, 2nd Labour Court, Chittagong in RO Case N......ischarged on contest without any order as to cost. The stay order passed at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 576. ..Category: Labour and Industrial Law | Date: | Hits: 114
Oriental Bank Ltd. Vs. Sitara Siddiq, 2007, 36 CLC (HCD)
....t-Petitioner Vs. Sitara Siddiq……………………………..Plaintiff-Opposite-Party Judgment August 15, 2007. Cases Referred To- PP Gupta vs. East Asiatic Co. AIR 1960 (Allahabad), 184; Mahangu Prasad Sah vs. Pravag Sah, iAIR 1972 (Gauhati), 40 and Smt. Naufati vs. Mehma Sing......been examined as PW 1 in part, the trial Court is directed to dispose of the suit within three months from date of receipt of the Judgment. Ed. This Case is also Reported in: 59 DLR (2007) 573. ......d dispose 6f the Rule. So, the Rule be treated as ready and the same be taken up for hearing. 2. Rule was issued calling upon the opposite party to show cause as to why the impugned judgment and order, dated 27-8-2005, passed by the Additional District Judge 5th Court Dhaka, in dismissing Civ......been examined as PW 1 in part, the trial Court is directed to dispose of the suit within three months from date of receipt of the Judgment. Ed. This Case is also Reported in: 59 DLR (2007) 573. ..Category: Civil Law | Date: | Hits: 82
AHM Moazzem Hossain Vs. State, 2006, 35 CLC (HCD)
.... XI of 2005), the petitioner need not move the learned Session Judge. ......pearing for the petitioner, submits, that the entire proceeding, having been barred under the provision of the Act, 2005 (Act XI of 2005), the petitioner need not move the learned Session Judge. ......sed petitioner moved this Court and obtained this Rule. Although the accused petitioner had a remedy under section 439A of the Code of Criminal Procedure before the learned Sessions Judge against the order rejecting the application filed under section 241A of the Code of Criminal Procedure, but Dr. ......pearing for the petitioner, submits, that the entire proceeding, having been barred under the provision of the Act, 2005 (Act XI of 2005), the petitioner need not move the learned Session Judge. ..Category: Health Law | Date: | Hits: 251
Aziz Hasan and others Vs. Bangladesh, 2007, 36 CLC (HCD)
.... (Special Original Jurisdiction) Present: Md. Abdur Rashid J Md. Miftahuddin Choudhury J Aziz Hasan and others…………………….Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Finance and others……...Respondents (in all the...... not pay in cash the amount of money covered by respective bank guarantees within a period of thirty days of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 563. ......ated legislation. At the time, he submitted, section 30A of the Act was not yet added. 12. We have perused the records of the cases as are available. We have also read the decisions cited. In order to appreciate the submissions of the learned Advocates, we need to read the relevant provision...... not pay in cash the amount of money covered by respective bank guarantees within a period of thirty days of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 563. ..Category: Fiscal/Taxation Law | Date: | Hits: 64
Enamul Haq (Md) Vs. Jatiyo Bishwabiddalay and others, 2007, 36 CLC (HCD)
.... J Enamul Haq (Md)………………………...Petitioner Vs. Jatiyo Bishwabiddalay and others…………………….Respondents Judgment March 15, 2007. Result: The Rule is made absolute. Cases Referred to- Dr. Md. Alamgir vs. Vice-Chancellor, BUET and others, 53 DLR ......thority having no legal effect. The petitioner be allowed to join in a permanent post of Lecturer in Arabic. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 556. ......l to accept his joining illegal and for directing the respondents to allow him to join in the appointed post and accept his joining report. Initially, the Court did not issue any Rule Nisi but by its order dated 18-7-2005 directed respondent Nos. 2 and 3, namely, the Vice-Chancellor and the Regist......thority having no legal effect. The petitioner be allowed to join in a permanent post of Lecturer in Arabic. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 556. ..Category: Employment/Service Law | Date: | Hits: 65
Muhaiminul Hasan Khan Vs. Md. Nurul Islam Khan and others, 2001, 30 CLC (HCD)
.....................Petitioner Vs. Md. Nurul Islam Khan and others…………… Opposite Parties Judgment December 10, 2001. Case Referred To- Krishnamacharia vs Venkatamma, ILR 36 Madras 214, In re Estate of C V Nayagan, 1936 Rang 466. Lawyers Involved: Lucky Begum for Mashu......fresh and dispose of the original application for succession certificate in the light of above observations. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002)156....... Judgment Md. Abdur Rashid J.- This Rule was obtained on behalf of the minor by his mother upon making a revision application under section 115 of the Code of Civil Procedure against judgment and order dated 27-4-95 passed by Additional District Judge, 7th Court at Dhaka in Miscellaneous Appeal ......fresh and dispose of the original application for succession certificate in the light of above observations. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002)156...Category: Property Law | Date: | Hits: 36
Pubali Bank Limited Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
....rabean Travels Ltd. Vs. Eastern Bank Ltd; Sonali Bank vs. MS Ali Tannery 48 DLR 57; Kazi Gowaherul Islam (KG Islam) vs. Standard Co-operative Credit Society Ltd. and others 50 DLR 333; Serajuddin Howlader vs. Pubali Bank Ltd. 4 BLT 80; Reasul Hoque Mollah vs. Afizullah Mollah, 42 DLR (AD) 74; Mayaja......ost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 144. ...... Rokanuddin Mahmud with Murad Reza, Advocates— For Opposite Party Nos. 1-2. Civil Revision No. 1188 of 1993. Judgment Md. Tafazzul Islam J.- This Rule is directed against the judgment and order dated 31-3-93 passed by the learned Subordinate Judge, Artha Rin Adalat, Narayanganj in Bandh......ost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 144. ..Category: Procedural Law | Date: | Hits: 67
Bura Yunus and others Vs. State, 2007, 36 CLC (HCD)
....evidence in Metropolitan Sessions Case No. 713 of 1999, in order to avoid repetition. 3. Appellants were put on trial to face charges under sections 399/402 of the Penal Code. Some appellants who had faced trial and they pleaded not guilty and claimed to be tried. Their defence case, in short, is...... the charge under section 399 of the Penal Code. The appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 59 DLR (2007) 549.......ellants have been convicted on different counts by separate trials, we are disposing of these appeals analogously by this judgment. 2. Criminal Appeal No. 2468 of 2002 arose from the judgment and order dated 22-5-2002 of the Metropolitan Assistant Sessions Judge, 5th Court, Dhaka in Metropolitan...... the charge under section 399 of the Penal Code. The appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 59 DLR (2007) 549...Category: Criminal Law | Date: | Hits: 90
Shafique Ullah (Md) Vs. Chairman, Rupali Bank Ltd. and others, 2006, 35 CLC (HCD)
....endants illegally did not allow him to join in the service. Hence the suit. 3. The defendant Nos. 1-3 contested the suit by filing a joint written statement denying the material allegations made in the plaint and contending, inter alia, that the suit is not maintainable in its present form.......e Appeal No. 621 of 2000 is hereby affirmed. Send down the lower Court's records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 546.......t branch of the Bank. Police after investigation submitted charge sheet against him and Cashier Kutubuddin. They were tried by the District & Sessions Judge, Feni and were convicted, Against that order of conviction and sentence he preferred Criminal Appeal No. 30 of 1986 in this Court, which wa......e Appeal No. 621 of 2000 is hereby affirmed. Send down the lower Court's records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 546...Category: Criminal Law | Date: | Hits: 29
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