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

....t Ara J.- This Civil Revision under section 25 of the Small Cause Courts Act, 1987 is 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...... 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. ......ed—the Opposite Party. Civil Revision No. 670 of 2002. Judgment Zinat Ara J.- This Civil Revision under section 25 of the Small Cause Courts Act, 1987 is about the legality of order dated 24-10-2001 passed by the Senior Assistant Judge and the Court of Small Causes, Sadar, My...... 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. ..

Category: Property Law | Date: | Hits: 37

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

....t records. Ed. This Case is also Reported in: 59 DLR (2007) 281. ......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. ......te. Criminal Revision No. 555 of 2006. Judgment Sharifuddin Chaklader J.- This Rule at the instance of the convict appellant-petitioner who is in jail is against the judgment and order dated 15-3­-2006 passed by the learned Sessions Judge, Munshiganj outright rejecting the memo......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. ..

Category: Criminal Law | Date: | Hits: 36

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

.... 4. Eventually the appellants were placed on trial in the Nari-o-Shishu Nirjatan Daman Bishesh Adalat, Jessore to answer the charge under section 4(c)/9 of the Ordinance, 1983 to which they pleaded not guilty and claimed to be tried. 5. In course or trial the prosecution in all examine......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.......Judgment SM Ziaul Karim J.- This appeal, at the instance of convict-appellants namely (1) Mozam, (2) Mazid (3) Jamshed, (4) Alek, (5) Akam and (6) Khorshed is directed against the judgment and order dated 16­8-1998 passed by the learned Judge of the Nari-o-Shishu Nirjatan Damon Bishesh Adala......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...

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)

.... (2007) 274. ......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. ......posited a sum of Taka 54 lac pursuant to the notice and requested said respondent No. 6 to condone the irregularity, if any, committed. 5. But said respondent No. 6 made an adjudication by his order dated 23-4-2001 imposing a fine of exact amount of said Taka 43,84,398.56 for evasion of tax u......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. ..

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)

....ul Islam Siddiqui J Abani Kumar Mistry and others………………………………………………………………………Petitioners Vs. Government of the People's Republic of Bangladesh and others……………Opposite Parties Judgment July 9, 2006. Cases Referred To......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. ......anting interference by this Court exercising power under section 115(1) of the Code. For the reasons stated, I do not find any substance in this Rule. In the result, the Rule is discharged. The order of status quo passed at the time of issuance of the Rule is hereby recalled and vacated. Th......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. ..

Category: Property Law | Date: | Hits: 27

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

.... DLR (2007) 268.......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.......ppellate Additional Commissioner of Taxes upon hearing the appeal allowed the same in part and reduced disallowances from profit and loss account and estimated receipts out of several accounts by his order dated 31-12-2000. Against the order, the Deputy Commissioner of Taxes presented an appeal befo......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...

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

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

....ming 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 died leaving behind one son, the defe....... 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 6 of the said Act submitted a case being No. 187 of 1989 before the concerned Rin Salishi Board, Dakope impleading the plaintiff Nos. 1 and 2 as 2nd party. That case was allowed by the judgment and order dated 3-12-1990. Thereafter, possession of the land was handed over in favour of the defendant....... 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. ..

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)

....ion (Special Original Jurisdiction) Present: Md. Abdul Matin J ATM Fazle Kabir J Amirul Islam (Md)……………………………………………………Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Home Affairs and others…. ……….Respondents ......ending to cause damage to his service career. The copy of the statement of defence dated 30-1-2004 has been marked as Annexure-'C After receiving the petitioner's reply the respondent No. 4 issued an interim order asking the petitioner to show cause why he should not be discharged under section 5(gh......ndents to show cause as to why the provisions in the Police Officers (Special Provisions) Ordinance as in (Annexure-'L') should not be declared to be ultra vires the Constitution and why the impugned order of discharge dated 14-2­-2004 as in Annexure-F and all subsequent actions taken should not be......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...

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

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

....ion (Special Original Jurisdiction) Present: Tariq-ul-Hakim J Afzal Hossain Ahmed J Anwara Begum .............................. ……………Petitioner Vs. Government of Bangladesh and others………….Respondents Judgment August 1, 2005. Cases Referred To- Ba......ere forged and created by the petitioner with the help of unscrupulous and dishonest officers. 4. Being aggrieved, the petitioner has come to this Court and obtained the present Rule along with an interim order of stay of the operation of the impugned order passed by the First Court of Settlement...... of Abandoned Buildings as published in the Ka list dated 28-4-1986 should not be declared to have been passed without any lawful authority and is of no legal effect and or pass such other or further order or orders as to this Court may seem fit and proper. 2. It has been stated that House No. 29......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. ..

Category: Property Law | Date: | Hits: 40

Abdul Karim and others Vs. Court of Settlement and others, 2007, 36 CLC (HCD)

............Petitioner Vs. Court of Settlement and others ......Respondents Judgment February 5, 2007. Case Referred To- Tarak Chandra Majhi vs. Atahar Ali Howlader, 8 BLC (AD) 67. Lawyers involved: MA Quddus Sheikh, Advocate—For the Petitioner......6 under Abandoned Buildings (Supplementary Provisions) Ordinance, Ordinance 54 of 1985 at page No. 9764 (17), Serial No. 42 (Annexure-I). Ed. This Case is also Reported in: 59 DLR (2007) 247.......ladesh Gazette Extra­ordinary 'Kha' list published under the Abandoned Buildings (Supplementary Provisions) Ordinance, Ordinance No. LIV of 1985 at page No. 9764 (17), serial No. 42 and judgment and order dated 28-5­2000 (Annexure-I) passed by the 1st Court of Settlement, Bangladesh, Segunbagicha,......6 under Abandoned Buildings (Supplementary Provisions) Ordinance, Ordinance 54 of 1985 at page No. 9764 (17), Serial No. 42 (Annexure-I). Ed. This Case is also Reported in: 59 DLR (2007) 247...

Category: Property Law | Date: | Hits: 33

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

....e 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. ......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. ......n No. 351 of 2006. Judgment Md. Abdul Hye J.- This Rule under section 439 of the Code of Criminal Procedure was issued calling upon the opposite parties to show cause as to why the judgment and order dated 2-8-2005 passed by Metropolitan Additional Sessions Judge, 4th Court, Dhaka in Metropoli......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. ..

Category: Criminal Law | Date: | Hits: 40

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

..... Ed This Case is also Reported in: 59 DLR (2007) 238, 26 BLD (HCD) (2006) 366. ......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. ......ntar by which the price of Tele Talk connection has been increased from Taka 1,800 to Taka 3,000 pursuant to the SRO dated 9-6-2005 but the said SRO has been cancelled by the respondent by subsequent order dated 30-6-2005 and, as such, the impugned notice dated 13-6-2005, Annexure-Dl issued pursuant......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. ..

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

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

.... at once. Ed. This Case is also Reported in: 59 DLR (2007) 236 . ......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 . ......omplainant. A legitimate claim of the complainant cannot be frustrated on mere technicality. We find no substance in this Rule. In the result, this Rule is discharged. The order of stay granted earlier by this Court is vacated. Communicate this order at once. ......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 . ..

Category: Criminal Law | Date: | Hits: 50

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

....mgonj 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 section 96 of the State Acquisition and Tenancy Act, 1950 in the Court of S......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 . ...... of 2005. Judgment Md. Abdur Rashid J.- Vendor (seller) obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against the judgment and order dated 28-2-05 passed by the District Judge at Sunamgonj in Miscellaneous Appeal No. 12 of 2000......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 . ..

Category: Property Law | Date: | Hits: 28

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

.... SK Sinha J Md. Abdul Hafiz J Moezuddin (Md)…………………..Petitioner Vs. State………………………..Opposite Party Judgment March 5, 2007. Result: The Rule is made absolute. Cases Referred To- Devendra Kumar vs. Yar Bakld Choudhury, AIR 1939 Cal 220 (FB)...... 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. ......d. 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 Case No. 20 of 2002 according p...... 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. ..

Category: Criminal Law | Date: | Hits: 43

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

....) Present: MA Rashid J Md. Miftahuddin Choudhury J Shaherunnessa......Petitioner 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 inv...... 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. ......ted in the payment of rents, the impugned decrees were now binding in revision. 22. He also submitted that the defendants made an application before the appellate Court for additional evidence in order to show that the suit premises were abandoned property but ultimately failed to prove that. ...... 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. ..

Category: Property Law | Date: | Hits: 35

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

....15-6­03 assessed total income of the petitioner at Taka 13,03,854 and by another order dated 24-12-03 imposed penalty of Taka 6,84,865 under section 128 of the Ordinance. 8. Then, the petitioner made an application under section 121 of the Ordinance before the commissioner of taxes for revision ......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. ......l Islam, Assistant Attorney-General—For the Respondents. Writ Petition No. 5143 of 2005. Judgment Md. Abdur Rashid J.- The above Rule Nisi was obtained on behalf of the assessee against an order dated 15-5-5, (Annexure-H) passed in review by respondent No. 2 and reassessment dated 15-6-03......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. ..

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

Dhaka City Corporation and others Vs. Shamsur Rahman and others, 2007, 36 CLC (HCD)

....ation and others ………Petitioners Vs. Shamsur Rahman and others………………….Opposite Parties Judgment February 8, 2007. Cases Referred To- Bangladesh vs. Samodra Narayan Mohajan and another 2006 BLD (AD) 145 = 11 BLC (AD) 226; Sarashijaksha Cha......ring with peaceful possession of the plaintiff in the suit land, in any way, as prayed for. Send down the records, at once. Ed. This Case is also Reported in: 59 DLR (2007) 207. ......d/or also for restraining them from interfering in any way with the title and possession of the plaintiff in the suit land. The suit was then renumbered as aforesaid Title Suit No. 124 of 2003. By an order dated 2-4-03 RAJUK was added as defendant No. 5. 4. Plaint case, in short, is that the ......ring with peaceful possession of the plaintiff in the suit land, in any way, as prayed for. Send down the records, at once. Ed. This Case is also Reported in: 59 DLR (2007) 207. ..

Category: Property Law | Date: | Hits: 32

Mahbubul Alam (Md.) Vs. Bangladesh and Others, 2006, 35 CLC (HCD)

....ision (Special Original Jurisdiction) Present: Nozrul Islam Chowdhury J Syed Refaat Ahmed J Mahbubul Alam (Md.)……………..Petitioner Vs. Bangladesh and Others…………..Respondents Judgment May 24, 2006. Lawyers invol......ase, the Rules in Writ Petition No. 2711 of 2004 and Writ Petition No.2560 of 2004 are hereby discharged without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 205. ......it proper to dispose of both the writ petitions by a single judgment. 2. In Writ Petition No. 2711 of 2004, Rule Nisi was issued calling upon the respondents to show cause as to why the office order under the sig­nature of respondent No.4 vide Memo No. 607(4) Nikha dated 12-5-2004 cancelling......ase, the Rules in Writ Petition No. 2711 of 2004 and Writ Petition No.2560 of 2004 are hereby discharged without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 205. ..

Category: Civil Law | Date: | Hits: 67

Anti-Corruption Commission Vs. Md. Hasan & others, 2008, 37 CLC (AD)

.... Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2006) 183. ......ove, we find no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2006) 183. ......ed by Md. Wahidullah, Advocate-on-Record—For the Respondent Nos. 1-2. Not represented—the Respondent Nos. 3-7. Civil Petition for leave to Appeal No. 1432 of 2008. (From the judgment and order dated the 18th day of June, 2008 passed by the High Court Division in Writ Petition No. 112 of......ove, we find no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2006) 183. ..

Category: Anti-Corruption Laws | Date: | Hits: 143