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Maleka Khatun and others Vs. Amena Khatun and others, 2007, 36 CLC (AD)

....the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ...... ......the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ......ore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ..

Category: Property Law | Date: | Hits: 44

Bangladesh Bank Vs. Sk. Abul Hossain and others, 2007, 36 CLC (AD)

....e with the same. The petition is dismissed. Ed. ...... Present: Md Ruhul Amin J Md Tafazzul Islam J Bangladesh Bank……………………………....Petitioner Vs. Sk. Abul Hossain and others .................Respondents Judgment May 2, ...... correct principle of law as applicable in the present case, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. ...... 2004 passed by the High Court Division in Company Matter No. 106 of 2003). Judgment:                   Md. Tafazzul Islam J. - This petition for leave to appeal is directed against the judgment and orde..

Category: Business or Commercial Law | Date: | Hits: 99

Wasim Mia (Md) Vs. State, 2007, 36 CLC (AD)

...., Post Office-Chuchuxa Bazar is acquitted of the charge under section 9(1) of Nari-o-Shishu Nirjatan Ain, 2000 and he be set at liberty at once if not wanted in any other connection. Ed. ...... Syed JR Mudassir Hussain CJ Md. Fazlul Karim J A Kabir Chowdhury J Md. Joynul Abedin J Wasim Mia (Md)………………..Appellant Vs. State……………...Respondent Judgment Novemb......, Post Office-Chuchuxa Bazar is acquitted of the charge under section 9(1) of Nari-o-Shishu Nirjatan Ain, 2000 and he be set at liberty at once if not wanted in any other connection. Ed. ...... set at liberty at once if not wanted in any other connection. Ed. ..

Category: Criminal Law | Date: | Hits: 71

Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)

....n whose name was later disclosed as Mamun and that some leaflets were also found from his possession wherein it was written “Manob rachito ain manina, Quraner ain chalu karo’-Jamiyutul mujahedin, Bangladesh. 71. P.W 2 Anisur Rahman in his evidence deposed that he attended a meeting held in a......d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ......d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ......e limbs and faculties by which life is enjoyed. Ed. ..

Category: Criminal Law | Date: | Hits: 213

Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)

....2004 Case Referred To- Girijanandini Devi and others vs Bijendra Narain Choudhury AIR 1967 SC 1124; Nawab All Dhakua vs Abdur Rahman and others 1994 BLD (AD)229; Munshi Mahmud AH and another vs Bangladesh and others 1986 BLD (AD) 56; Watt vs Thomas (1947) 1 All ER 582. Lawyers Involved: ....... Ed. ......rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ......ims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ..

Category: Civil Law | Date: | Hits: 109

Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)

....d. This Case is also Reported in: 59 DLR (2007) (AD) 6. ......Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J A Kabir Chowdhury J Bangladesh Agricultural Development Corporation (BADC)..............Petitioner Vs. Artha Rin Adalat and others ...............Respondents Judgment June 29, 2006. Resu......well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ......well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ..

Category: Business or Commercial Law | Date: | Hits: 135

Serajul Islam (Md) Vs. The Director General of Food, 1990, 19 CLC (AD)

.........Petitioner Vs. The Director General of Food...……………………………...Respondent Judgment March 27, 1990. Result: The petition is dismissed. The Constitution of Bangladesh, 1972, Articles 35, 102, 117 Bar to conviction and punishment more than once for the s......ivil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Serajul Islam (Md)........…………………………..............Petitioner Vs. The Director General of Food...……………………………...Respondent Judgment ......ition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 199. ......ice of the petitioner the High Court Division rightly found a bar to its jurisdiction under Article 102 of the Constitution…(4) Lawyers Involved: Abdur Rab Chowdhury, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioner. Not represented— The Respondent. ..

Category: Constitutional Law | Date: | Hits: 159

NBR, Government of Bangladesh and anr Vs. M/S. Bata Shoe Compa­ny (BD) Ltd., 1990, 19 CLC (AD)

....preme Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rah­man J National Board of Reve­nue, Government of Bangladesh and anr........................Appellants Vs. M/S. Bata Shoe Compa­ny (Bangladesh)......: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rah­man J National Board of Reve­nue, Government of Bangladesh and anr........................Appellants Vs. M/S. Bata Shoe Compa­ny (Bangladesh) Limited ............……………………………â€......sult, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ......e to the subject should be preferred………………(15 & 16) Lawyers Involved: B. Hossain, Advocate-on-Record. — For the Appellants. Asrarul Hossain, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record.—For the Respondent. Civil Appeal No. 5 of 1988. (From..

Category: Fiscal/Taxation Law | Date: | Hits: 114

State Vs. Mohammad Khan and others, 1990, 19 CLC (AD)

....e Division (Criminal) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J The State, represented by the Solicitor, Government of the People's Republic of Bangladesh.........Appellant Vs. Mohammad Khan and others……………………………..........sent: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J The State, represented by the Solicitor, Government of the People's Republic of Bangladesh.........Appellant Vs. Mohammad Khan and others…………………………….....Respondents Judgment Mar......Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ......Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ..

Category: Criminal Law | Date: | Hits: 117

Bangladesh Vs. Md. Ibrahim Bepari and others, 1989, 18 CLC (AD)

....LR (AD) (1990) 184. ...... Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J The People's Republic of Bangladesh, represented by the Deputy Commission­er, Chandpur and others.…………....Appellants Vs. Md. Ibrahim Bepari and others..………………………....Respondents Judgment Jun...... respect of respondent No.1 only. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 184. ......ury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J The People's Republic of Bangladesh, represented by the Deputy Commission­er, Chandpur and others.…………....Appellants Vs. Md. Ibrahim Bepari and others..………………………....Respondents Judgment June 14, 1..

Category: Property Law | Date: | Hits: 40

Laizu Begum and others Vs. Election Commission and others, 1989, 18 CLC (AD)

....ated, as has been rightly pointed out by the High Court Division. In the result, the appeals are dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 180.......¦â€¦â€¦â€¦â€¦â€¦â€¦....Appellant Atiur Rahman Munshi………………………….................Appellant Nurul Islam Sarkar....………………………….................Appellant Vs. Election Commission and others....…………………………….Respondents (In all the ......ls are dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 180....... of 1989) and M. Nowab Ali, Advocates-on-Record (In Civil Appeal No. 60 of 1989)—For the Appellants (In all the cases). S. R. Pal, Senior Advocate (Zakir Ahmed, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record — For Respondent No. 6 (In Civil Appeal No. 58 of 1989) N..

Category: Election Law | Date: | Hits: 163

Nurul Huq Khan Vs. GM, Sonali Bank, Head Office, Dha­ka, Bangladesh and others, 1989, 18 CLC (AD)

.... MH Rah­man J ATM Afzal J Nurul Huq Khan.................…………………………………………….Plaintiff-Petitioner Vs. General Manager, Sonali Bank, Head Office, Dha­ka, Bangladesh and ors...………….Defendant- Respondents Judgment May 2, 1989. Result: ...... Badrul Haider Chowdhury J Shahabuddin Ah­med J MH Rah­man J ATM Afzal J Nurul Huq Khan.................…………………………………………….Plaintiff-Petitioner Vs. General Manager, Sonali Bank, Head Office, Dha­ka, Bangladesh and ors...………….Defenda......ing. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 179. ......entire- proceeding from the beginning to the end. So, any deficiency of authority for conclusion of the proceeding is cured……(3) Lawyers Involved: M. Amir-ul Islam, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Peti­tioner. Asrarul Hossain, Senior Advocate in..

Category: Employment/Service Law | Date: | Hits: 98

Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)

....peal is dismissed. The Customs Act (IV of 1969) Sections 19, 30 & 194 The Sales Tax Ordinance (XVIII of 1982) Section 4(1) The Evidence Act (I of 1872) Section 115 The Constitution of Bangladesh, 1972, Article 102 Promissory Estoppel Notification dated 3.10.84 under section 19 ......esent: Badrul Haider Chowdhury CJ Shahabuddin Ahmed J MH Rah­man J ATM Afzal J Collector of Customs, Custom House, Chittagong and others................................Appellants Vs. A. Hannan...........................…………………………………………………...... dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ...... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ..

Category: Fiscal/Taxation Law | Date: | Hits: 153

Commissioner of Tax­es, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)

....ovember 8, 1989. Result: The appeals are dis­missed. The Income Tax Act (XI of 1922) Sections 2(15), 4(1) & 60 The President's Order No. 21 of 1973, Article 10 The Constitution of Bangladesh, 1972, Article 147 Whether a notification under section 60 of the Income Tax Act, 1922......Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J MH Rahman J ATM Afzal J Commissioner of Tax­es, Dhaka (West) Zone, Dhaka.……………......Appellants Vs. Shahabuddin Ahmed..…………………………………………………….................... Appellate Division (Civil) Present: Badrul Haider Chowdhury J MH Rahman J ATM Afzal J Commissioner of Tax­es, Dhaka (West) Zone, Dhaka.……………......Appellants Vs. Shahabuddin Ahmed..……………………………………………………..............Respond......L E.R. 865 (868). Lawyers Involved: Moksudur Rahman, Senior Advocate, instructed by Mr. Sajjadul Huq, Advocate-on-Record— For the Appellant. Habibul Islam Bhuiyan, Advocate, instructed by Md. Ayub, Advocate-on-Record — For the Re­spondent. Civil Appeal Nos. 70 & 71 of 1989. ..

Category: Fiscal/Taxation Law | Date: | Hits: 111

Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)

....f. Hence on all counts we find that the im­pugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ......ision (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J Musta­fa Kamal J Latifur Rahman J Mahaprabhu Ram...............………………………………......Appellant Vs. Gopal Ram Ram & others.…………………………………….....Respondents Jud......does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ......f. Hence on all counts we find that the im­pugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ..

Category: Tenancy Law | Date: | Hits: 169

Zaker Hossain Vs. Abdur Rahim and Oth­ers, 1989, 18 CLC (AD)

............Appellant Vs. Abdur Rahim and Oth­ers.....……………………………...Respondents Judgment March 19, 1989. Result: The appeal is dismissed. The Constitution of Bangladesh, 1972 (as amended up to date) Art. 102 Election Commission may direct re-poll, or acce...... (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ah­med J MH Rah­man J ATM Afzal J Zaker Hossain………………………................................Appellant Vs. Abdur Rahim and Oth­ers.....……………………………...Respondents Judgment ......l is dismissed. No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 153. ......tion petition before the tribunal……………………(3) Lawyers Involved: T.H. Khan, Senior Advocate, instructed by Sharif uddin Chaklader, Ad­vocate-on-Record — For the Appellant. Md. Fazlul Karim, Senior Advocate (Zulmat Ali Khan, Advocate with him), instructed by Nowab Ali, Adv..

Category: Election Law | Date: | Hits: 152

Government of Bangladesh & ors. Vs. Md. Hasan Shahid & ors., 2006, 35 CLC (AD)

..... ......esent: Syed J. R. Mudassir Husain CJ M. M. Ruhul Amin J Amirul Kabir Chowdhury J Government of Bangladesh & ors...............Petitioners (In all the cases) Vs. Md. Hasan Shahid & ors...........................Respondents (In C. P. No. 989 of 20......intain status-quo in respect of appointment till disposal of the appeals. The petitioners are directed to make the appeals ready for expeditious hearing within 6 (six) months. Ed. ...... Syed J. R. Mudassir Husain CJ M. M. Ruhul Amin J Amirul Kabir Chowdhury J Government of Bangladesh & ors...............Petitioners (In all the cases) Vs. Md. Hasan Shahid & ors...........................Respondents (In C. P. No. 989 of 2005) ..

Category: Employment/Service Law | Date: | Hits: 56

Divisional Forest Officer, Dhaka Forest Division Vs. Zahid Maleque and another, 2005, 34 CLC (AD)

....fore, granted to consider the same. Preparation of paper book is dispensed with prayed for. The parties are directed to maintain status-quo till disposal of the appeal. Ed. ...... Tafazzul Islam J Amirul Kabir Chowdhury J Divisional Forest Officer, Dhaka Forest Division, Forest Bhaban, Gulshan Street, Mohakhali, Dhaka, and others ............petitioners Vs. Zahid Maleque and another...........Respondent Judgement June 14, 2005. ......fore, granted to consider the same. Preparation of paper book is dispensed with prayed for. The parties are directed to maintain status-quo till disposal of the appeal. Ed. ......re directed to maintain status-quo till disposal of the appeal. Ed. ..

Category: Property Law | Date: | Hits: 48

Md. Sarwar Vs. Bangladesh, 2005, 34 CLC (AD)

....il) Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Sarwar..............................Petitioner Vs. Bangladesh repre­sented by the Secretary, Ministry of Establishment, Bangladesh Secretariat, Ra...... (Civil) Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Sarwar..............................Petitioner Vs. Bangladesh repre­sented by the Secretary, Ministry of Establishment, Bangladesh Secr...... the opinion that the High Court Division took a correct view and as such the impugned judgment does not call for any interference. The leave petition is, therefore, dismissed. Ed. ...... Ed. ..

Category: Employment/Service Law | Date: | Hits: 80

Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)

....is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in:  61 DLR (AD) (2009) 133; ......ion (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Mosharraf Hossain Chowdhury and other……………….Appellants Vs. Md. Jahurul Islam Chowdhury and other………….........Respondents......is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in:  61 DLR (AD) (2009) 133; ...... i.e. the contesting defendants. Ed. This Case is also Reported in:  61 DLR (AD) (2009) 133; ..

Category: Property Law | Date: | Hits: 67