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

....ion of 24th March, 1982, the said Order was promulgated curtailing jurisdiction of all the Courts including the Supreme Court, to pass any order of temporary or interim injunction or stay against the Government or any Government officer acting or purporting to act in discharge of official duty, etc.......howdhury, learned Depu­ty Attorney-General, made his submission on behalf of the State on that day. Having heard the learned Counsels, as aforesaid, April 2,2007 was scheduled for delivery of formal order. It may not be out of place to mention that upon hearing the learned Counsels, we found no dif..

Category: Criminal Law | Date: | Hits: 50

Abdul Malek (Md) Vs. Bangladesh and others, 2006, 35 CLC (HCD)

....ser sought permission of Thana Nirbahi Officer to distribute fertilizer and permission was accorded to distribute the fertilizer in accordance with the rules. On 8-1­-1997. Assistant Director, Local Government had gone to the godown of the petitioner for inspection but the petitioner was not presen......MA Samad, Advocate—For Respondent Nos. 2, 3, 4 and 5. Writ Petition No. 1558 of 1997. Judgment Zinat Ara J.- In this Rule, the petitioner calls in question the legality of the order bearing Memo No. JFCI/BIPINON-27/FMC (Sherpur) 146 dated 13-2­1997 passed by the General Mana..

Category: Civil Law | Date: | Hits: 74

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

....ther such suit is pending in the same or any other Court in Bangladesh having jurisdiction to grant the relief claimed, or in any court beyond the limits of Bangladesh established or continued by the Government and having like jurisdiction, or before the Supreme Court. 9. A Partition Suit is ......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..

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. ......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..

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.......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..

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. ......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..

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)

....sional Jurisdiction) Present: Quamrul Islam Siddiqui J Abani Kumar Mistry and others………………………………………………………………………Petitioners Vs. Government of the People's Republic of Bangladesh and others……………Opposite Parties Judgm......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..

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.......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..

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. ......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..

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)

....…………………Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Home Affairs and others…. ……….Respondents Judgment May 15, 2006. Cases Referred To- Government of Bangladesh vs. Sharfuddin Molla 54 DLR (AD) 120; Waris Meah vs. State PLD 1957; Regist......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..

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

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

.... High Court Division (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...... 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..

Category: Property Law | Date: | Hits: 40

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

..... The facts of the case as stated in the peti­tion are that the House No. 1/15, Block-D, Razia Sultana Road, Mohammadpur, Dhaka, measuring an area of 144 square yards originally belonged to the then Government of East Pakistan and that the Government leased out the aforesaid property to Syed Md. Yu......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,..

Category: Property Law | Date: | Hits: 33

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. ......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..

Category: Criminal Law | Date: | Hits: 40

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

....¦â€¦â€¦â€¦â€¦Petitioners Vs. Bangladesh and others…………………………....Respondents Judgment May 10, 2006. Cases Referred To- Zakir Hossain Munshi vs. Government of Bangladesh 2002 BLD 433 = 55 DLR 130; Bangladesh Telecom (Pvt) Ltd. vs. Bangladesh T &......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..

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 . ......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. ..

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 . ...... 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..

Category: Property Law | Date: | Hits: 28

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

....er hand, supports the order of the learned Additional Sessions Judge. According to the learned Advocate, the decision for withdrawal from the prosecution having been taken at the highest level of the Government and the said copy having been filed along with the application, the learned Additional Se......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..

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. ......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. ..

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. ......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..

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

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

....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 ..

Category: Property Law | Date: | Hits: 32