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Rieta Rahman Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of People’s Republic of Bangladesh and others, 1996, 25 CLC (HCD)

....release the detenu forthwith if not wanted in connection with any other case. Let an advance order of release be issued immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 201.......ts to show cause as to why Major (Retd.) M Khairuzzaman alias Khairuzzaman (hereinafter referred to as detenu), son of Al-haj Akhtaruzzaman, now detained in Dhaka Central Jail should not be brought before this Court so that it may satisfy itself that he is not being held in custody without lawful au...... Mozammel Hoque J Md. Abdul Matin J Rieta Rahman…………Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of People’s Republic of Bangladesh and others……………Respondents Judgment November 18, 1996. Result: The Rule is ma......release the detenu forthwith if not wanted in connection with any other case. Let an advance order of release be issued immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 201...

Category: Criminal Law | Date: | Hits: 76

Commissioner of Income-Tax Vs. M/S. Jamiluddin Corporation Ltd., Bogra, 1979, 8 CLC (AD)

....mputing the total income to the assessee. In the result, therefore, the appeals are dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 242....... accrued or arose. The Income Tax Officer took the view that the assessee was entitled to receive the commission from the managed companies and as such the assessee is liable to be taxed in his hands for the income from commission. The Income Tax Officer took further view that the Managing Agent, th......mp; Co. Ltd. Vs. Commissioner of Income Tax, (1960) 39 I.T.R. 706; Puna Electric Supply Company Vs. Commissioner of Income Tax, (1965) 57 I.T.R. 521; Commissioner of Income Tax Vs. Shuroji Ballav Das and Company, (1962) 46. I.T.R. 144; Commis­sioner of Income Tax Vs. Chamanlal Mangaldas Co., (1956)......mputing the total income to the assessee. In the result, therefore, the appeals are dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 242...

Category: Fiscal/Taxation Law | Date: | Hits: 124

University Grants Commission and another Vs. University of Information Technology and Science and another, 2012, 41 CLC (AD)

....ty Grants Commission (respondent No.2)" is stayed for a period of two months from date. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 161; 17 BLC (AD) (2012) 84; 32 BLD (AD) (2012) 169. ......Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J University Grants Commission and another.................................Petitioners Vs. University of Information Technology and Science and another…….Respondents Judgment January 12, 2012. ......ammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J University Grants Commission and another.................................Petitioners Vs. University of Information Technolo......ty Grants Commission (respondent No.2)" is stayed for a period of two months from date. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 161; 17 BLC (AD) (2012) 84; 32 BLD (AD) (2012) 169. ..

Category: Others | Date: | Hits: 197

Kazi Mohammad Amin Vs. Government of Bangladesh, 2007, 36 CLC (AD)

....on upon correct assessment of the materials on record arrived at a correct decision. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 74. ......The leave petition is dis­missed. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record—For the Petitioner. Ferozur Rahman, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.1182 of 2004. (From the judgment and order dated 02.05.2004 passed by the ...... Md. Hassan Ameen J Kazi Mohammad Amin......................................................Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Dhaka & others................................Respondents Judgment......on upon correct assessment of the materials on record arrived at a correct decision. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 74. ..

Category: Civil Law | Date: | Hits: 87

Md. Akram Ali Pk. and others Vs. Md. Yasin Ali and others, 2012, 41 CLC (AD)

....wing amendment is restored. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 135; 17 MLR (AD) (2012) 242. ......-For the Petitioners. Abul Kalam Mainuddin, Advocate, instructed by Nurul Islam Chowdhury, Advocate-on-Record-For Respondent Nos.1-13. Not represented- Respondent Nos.14-113. Civil Petition for Leave to Appeal No.681 of 2009. (From the judgment and order dated 15.01.2009 passed by the H......on (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Akram Ali Pk. and others……………….....Petitioners Vs. Md. Yasin Ali and others...........................wing amendment is restored. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 135; 17 MLR (AD) (2012) 242. ..

Category: Procedural Law | Date: | Hits: 100

M Fransis P Rojario alias Babu Vs. State, 2009, 38 CLC (HCD)

....ccused petitioners is hereby quashed. Communicate a copy of this Judgment to the Court concerned where the case is now pending at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 355.......be quashed and/or pass such other order or further order or orders as to this Court may seem fit and proper. 2. At the time of issuance of the Rule, all further proceedings of the case were stayed for a limited period, which subsequently has been extended from time to time. 3. Dilip Piuri Fike......3 of 2007 arising out of CR (Petition Case) No.1080 of 2007 under sections 406/408/409/420/34 of the Penal Code, now pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed and/or pass such other order or further order or orders as to this Court may seem fit and proper. ......ccused petitioners is hereby quashed. Communicate a copy of this Judgment to the Court concerned where the case is now pending at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 355...

Category: Criminal Law | Date: | Hits: 86

Human Rights and Peace for Bangladesh (HRPB) and others Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

.... to the office of the Prime Minister and the Ministry of Disaster Management by a special messenger of this Court as soon as possible. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 71. ......orted in: 63 DLR (HD) (2011) 71. ......s also Reported in: 63 DLR (HD) (2011) 71. ...... to the office of the Prime Minister and the Ministry of Disaster Management by a special messenger of this Court as soon as possible. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 71. ..

Category: Constitutional Law | Date: | Hits: 211

Momena Khatun and oth­ers Vs. Hussain Fabrics Ltd. and others, 2010, 39 CLC (HCD)

....lier at the time of issuance of rule is here by vacated. Communicate this order at once. Sent down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 66.......der J. - This appeal by the plaintiffs, directed against Judgment and Decree dated 19-6-2007 passed by the learned Joint District Judge, Arbitration Adalat, Dhaka dismissing Title Suit No.102 of 2004 for Specific Performance of Contract. 2. Appellants who are plaintiffs, stated in the plaint, tha......se is also Reported in: 63 DLR (HD) (2011) 66.......lier at the time of issuance of rule is here by vacated. Communicate this order at once. Sent down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 66...

Category: Property Law | Date: | Hits: 78

Asmatunnessa Khatun Vs. Bangladesh, 2004, 33 CLC (HCD)

....vables of the Deputy Commissioner at Dhaka as described in the schedule to the application within a week of receipt of this order positively. Ed. This Case is also Reported in: 56 DLR (2004) 612.......esult: The Rule is made absolute. Case Referred to- Munshi Kali Sankar Sahay and others Vs. Moharajah Protap Udai Nath Saha, (1912) 16 IC 708. Lawyers Involved: Masihuzzaman, Advocate- for the Petitioner. AJM Mohammad Ali, Additional Attorney General- for the Opposite Party. Civ......nessa Khatun..........Petitioner Vs. Bangladesh ..........Opposite Party Judgment July 14, 2004. Result: The Rule is made absolute. Case Referred to- Munshi Kali Sankar Sahay and others Vs. Moharajah Protap Udai Nath Saha, (1912) 16 IC 708. Lawyers Involved: Masihuzzam......vables of the Deputy Commissioner at Dhaka as described in the schedule to the application within a week of receipt of this order positively. Ed. This Case is also Reported in: 56 DLR (2004) 612...

Category: Procedural Law | Date: | Hits: 54

BIVAC International SA and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)

....t without any order at to cost. The order of direction given at the time of issuance of the Rule by this Division is hereby recalled. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 284. ......t a rate higher than 4.5% (as evidenced in Annexure-A series and more specifically identified in Prayer 'A' to the writ petition) (a) failure of the Respondents to treat the petitioners "Consultants" for the purpose of payment of VAT under the VAT Act, 1991 and the VAT Rules 1991 (c) deduction of VA......also Reported in: 62 DLR (HCD) (2010) 284. ......t without any order at to cost. The order of direction given at the time of issuance of the Rule by this Division is hereby recalled. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 284. ..

Category: Fiscal/Taxation Law | Date: | Hits: 152

Government of the People's Republic of Bangladesh Vs. Nasirur Rahman, 2011, 40 CLC (AD)

....on of the direction given by the High Court Division in the impugned judgment and order. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 87, 9 LG (AD) (2012) 50, 17 MLR (AD) (2012) 89. ...... of. Lawyers Involved: Mahbubey Alam, Attorney General instructed by M. Wali-ul-Islam, Advocate-on-Record-For the Petitioners. Nasirur Rahman, in person-For the Respondent. Civil Petition for Leave to Appeal No.1536 of 2011. Judgment Md. Abdul Wahhab Miah J.- In this petition for l......Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Government of the People's Republic of Bangladesh, Represented By the Secretary, Ministry of Women and Children Affairs, Bangladesh Secretariat and Others………Petitioners Vs. Nasirur Rahma......on of the direction given by the High Court Division in the impugned judgment and order. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 87, 9 LG (AD) (2012) 50, 17 MLR (AD) (2012) 89. ..

Category: Employment/Service Law | Date: | Hits: 119

Government of Bangladesh and Others Vs. Md. Mosharraf Hossain, 2011, 40 CLC (AD)

....not find any error in the impugned judgment and order calling for interference by this Court. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 67......., Advocate-on-Record- For the petitioners. Md. Khurshid Alam Khan, Advocate with Ehsan A. Siddiq, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For Rspondent No.1. Civil Petition for Leave to Appeal No.1248 of 2010. Judgment Md. Abdul Wahhab Miah J. - Delay of 154 days in ...... Sinha J Md. Abdul Wahhab Miah J Ms. Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh and Others……………..Appellants Vs. Md. Mosharraf Hossain………………………â€......not find any error in the impugned judgment and order calling for interference by this Court. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 67...

Category: Employment/Service Law | Date: | Hits: 127

State Vs. Dafader Marfoth Ali Shah and another, 2011, 40 CLC (AD)

....ons Judge shall take necessary steps to take the accused-respondents into custody. The appellant is directed to file concise statement by 13th February, 2011. Ed. This Case is also Reported in:......ey General, with Mrs. Fazilatunnesa Bappy, Assistant Attorney General, with Amit Talukder, Assistant Attorney General- For the Petitioner. Not Represented- For the Respondent. Criminal Petition for Leave to Appeal No. 316 of 2009. (From the judgment and order dated 28.8.2008 passed by the ......t: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J The State………………………………………………………Petitioner Vs. Dafader Marfoth Ali Shah and another………….Respondents Order January 11, 2011. Result: The Leave is granted. ......ons Judge shall take necessary steps to take the accused-respondents into custody. The appellant is directed to file concise statement by 13th February, 2011. Ed. This Case is also Reported in:..

Category: Criminal Law | Date: | Hits: 191

Abdur Rahim Vs. Arifur Rahman and others, 1997, 26 CLC (HCD)

....impugned judgment to call for any interference by this Court exercising revisional power. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 166................Petitioner Vs. Arifur Rahman and others.......................Opposite Parties Judgment November 27, 1997. Result: No illegality was found in the impugned judgment to call for any interference by this Court. Cases Referred To- Gokal Chand and others Vs. the Firm of ......Court High Court Division (Civil Revisional Jurisdiction) Present: Mahmudul Amin Choudhury J Gour Gopal Saha J Abdur Rahim........................Petitioner Vs. Arifur Rahman and others.......................Opposite Parties Judgment November 27, 1997. Result: N......impugned judgment to call for any interference by this Court exercising revisional power. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 166...

Category: Procedural Law | Date: | Hits: 68

Mohor Ranjan Pal and others Vs. State, 1997, 26 CLC (HCD)

....time of issuance of the Rules stand vacated. Let a copy of this judgment be sent to the learned Divisional Special Judge, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ......n heard together as the facts and law involved in them are same and both Rules are now being disposed of by this judgment. 2. These Rules, under section 561A of the Code of Criminal Procedure, are for the quashment of the proceedings in Special Case No.141 of 1994, upon which cognizance was taken...... Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ......time of issuance of the Rules stand vacated. Let a copy of this judgment be sent to the learned Divisional Special Judge, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ..

Category: Criminal Law | Date: | Hits: 71

Doris Waldman Vs. Bangladesh and others, 1996, 25 CLC (HCD)

....en made without lawful authority and are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 151.......(27)94/52 dated 27-1-96 (Annexure-C) issued by respondent No.4 should not be declared to have been made without lawful authority and are of no legal effect. 2. The case of the petitioner is as set forth below: The petitioner Mrs. Doris Waldman is an American national. She is the President of .............en made without lawful authority and are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 151...

Category: Criminal Law | Date: | Hits: 87

Jamil Akhter Elahi (Md.) Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....ion is misconceived and the Rule is liable to be discharged. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 64.......espondent Sonali Bank Limited. 2. It is stated in the petition that the Board of Directors of the Sonali Bank Limited, in its 82nd Board meeting held on 12-5-2009, approved the ear loan facilities for the executives of the bank having the rank of Assistant General Manager (AGM) and upwards. 3.......ision (Special Original Jurisdiction) Present: ABM Khairul Haque J Md. Mamtazuddin Ahlmed J Jamil Akhter Elahi (Md.) ………………petitioner Vs. Government of Bangladesh and others…………….Respondents Judgment June 24, 2009. Result: The Rule is discha......ion is misconceived and the Rule is liable to be discharged. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 64...

Category: Others | Date: | Hits: 134

Chief Engineer, the Local Government and Engineering Department and others Vs. Kazi Mizanur Rahman and others, 2012, 41 CLC (AD)

.... The leave petitions are disposed of with the above observations and modifications of the earlier as well as the impugned judgments. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 91. ......2-49 (In Civil Petition No.1247 of 2011) M.A. Sobhan, Advocate, instructed by Md. Nurul Islam Bhuiyan, Advocate-on-Record- For the Respondents (In Civil Petition No.2169 of 2011) Civil Petition for Leave to Appeal Nos.1781, 1784 and 1875 of 2011. (From the judgment and order dated 7.4.2011......sain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J The Chief Engineer, the Local Government and Engineering Department, LGED Bhaban, Agargaon, Sher-E-Bangla Nagar, Dhaka…………………â€...... The leave petitions are disposed of with the above observations and modifications of the earlier as well as the impugned judgments. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 91. ..

Category: Employment/Service Law | Date: | Hits: 147

Hasan Rony Vs. State, 2004, 33 CLC (HCD)

....d against him and he is acquitted thereof. Appellant Hasan Rony be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 56 DLR (2004) 580. ...... the learned Sessions Judge, Cox's Bazar in Sessions Trial Case No. 7 of 2003. The learned Sessions Judge convicted the appellant under section 302 of the Penal Code and sentenced him to imprisonment for life with fine of Taka 5,000 in default to suffer rigorous imprisonment for 5 months more. 2.......tate of Delhi, AIR 1980 SC 1341. Jail Appeal No. 62 of 2004. Judgment SK Sinha J. - This appeal by convict Hasan Rony under section 420 of the Code of Criminal Procedure is from the judgment and order of the learned Sessions Judge, Cox's Bazar in Sessions Trial Case No. 7 of 2003. The learn......d against him and he is acquitted thereof. Appellant Hasan Rony be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 56 DLR (2004) 580. ..

Category: Criminal Law | Date: | Hits: 128

Abdul Hakim (Md.) Vs. Government of the People’s Republic of Bangladesh & others, 1997, 26 CLC (HCD)

....nt be also sent to the Principal Secretary to the Prime Minister in her office at Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 137. ......san, Advocate - For the Petitioner. Kaiseruddin Ahmed, Deputy Attorney-General - For the Respondents. Writ Petition No.1541 of 1997. Judgment Md. Mozammel Hoque J.- This is an application for review of the Judgment dated 4-6-97. It is submitted by the learned Advocate that there are some...... Bangladesh & others……………….Respondents Judgment July 1, 1997. Result: The Rule is made absolute. Case Referred To- Secretary, Ministry of Industries Vs. Saleh Ahnaed and another, BLD 1981 (AD) 91. Lawyers Involved: Azizul Hasan, Advocate - For the Petitioner. ......nt be also sent to the Principal Secretary to the Prime Minister in her office at Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 137. ..

Category: Administrative Law | Date: | Hits: 183