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Abdul Hakim Howlader Vs. State, 1990, 19 CLC (AD)

....ourt Division at Barisal for placing the matter before the Division Bench at its next Session there. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 178 ...... (Criminal) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdul Hakim Howlader.....……………………………………….......Appellant Vs. The State...............……………………………………...............Respondent ......s case is also reported in: 42 DLR (AD) (1990) 178 ......ourt Division at Barisal for placing the matter before the Division Bench at its next Session there. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 178 ..

Category: Criminal Law | Date: | Hits: 64

Abed Ali Vs. State, 1990, 19 CLC (AD)

....ve felt obliged under the law to sustain the order of conviction and sentence. In the result, therefore, the appeal is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 171. ...... Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abed Ali……………………………………………………………...Condemned prisoner-Appellant. Vs. The State………………………………………………………..…..Respondent ......sed persons (on trial) as thieves but they did not appear in the said salish. On the following day i.e. 5.12.82 at about 8 a.m. the informant along with his younger brother Nabir Uddin and cousin Abdul Gafur were going by the Union Council road in search of labour and while they reached to the e......ve felt obliged under the law to sustain the order of conviction and sentence. In the result, therefore, the appeal is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 171. ..

Category: Criminal Law | Date: | Hits: 65

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...........................…………………………………………………......er 1981 BLD (AD) 91; Union of India Vs. Anglo Afghan Agencies AIR 1968 (SC) 718; Gujarat State Financial Corporation Vs. Mis. Lotus Hotels Pvt. Ltd. (AIR 1983 (SC) page 848. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney General, instructed by Zinnur Ahmed, Advocate-on- Record—...... 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..……………………………………………………....................ed and the decisions of the courts below are affirmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ......ed and the decisions of the courts below are affirmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ..

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

Moslehuddin (Md) Vs. State, 1990, 19 CLC (AD)

....de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ...... Appellate Division (Criminal) Present: Shahabuddin Ahmed J MH Rahman J ATM Afzal J Mustafa Kamal J Moslehuddin (Md).................…………………..........Appellant Vs. The State……………………………………..…………………..Respondent Ju......esh judgement. Hence the appeal is allowed with direction to dispose of the appeal on hearing by a competent bench of the High Court Division………………..(9 & 10) Lawyers Involved: Abdul Malek, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Appe......de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ..

Category: Criminal Law | Date: | Hits: 52

Anwar Hossain Bhuiyan Vs. Shaikh Moslem Ali, 1990, 19 CLC (AD)

....t to this direction the appeal is disposed of and the impugned order of the High Court Division is modified accordingly. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 158. ......pellate Division (Civil) Present: Shahabuddin Ahmed J MH Rahman J ATM Afzal J Mustafa Kamal J Anwar Hossain Bhuiyan………………………………...Defendant-Petitioner Vs. Shaikh Moslem Ali....…………………….................Plaintiff-Respondent Judgmen......ied………………(4) Lawyers Involved: Asrarul Hossain, Senior Advocate, (Shaheed Alam, Advocate with him) instructed by Md. Sajjadul Huq, Advocate-on-Record— For the Appellant. Miah Abdul Gafur, Advocate-on-Record— For the Respondent. Civil Appeal No. 84 of 1989. (From the ......t to this direction the appeal is disposed of and the impugned order of the High Court Division is modified accordingly. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 158. ..

Category: Civil Law | Date: | Hits: 117

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 ...... available by way of election petition before the Tribunal. In the circumstances, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 153. ...... available by way of election petition before the Tribunal. In the circumstances, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 153. ..

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......t of Bangladesh & ors...............Petitioners (In all the cases) Vs. Md. Hasan Shahid & ors...........................Respondents (In C. P. No. 989 of 2005) A. T. M. Abdul Matin Sarker & ors.................Respondents (In C. P. Nos. 990 & 58 of 2005) ......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. ..

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

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......ents Judgment May 24, 2005. Lawyers Involved: Md. Abdur Razzaq, Senior Advocate, instructed by A. K. M. Shahidul Huq, Advocate-on-Record- For the Petitioner Abdul Wadud Bhuiyan, Senior Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on- Record-For R...... 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. ..

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

Miah Mojibur Rahman Vs. Khondoker Nazmul Haque (Chiru) and others, 2004, 33 CLC (AD)

....responding to G.R. Case No. 193 of 1990 P.S .Khalishpur immediately and to enlarge him on bail to his satisfaction. The petitioner is permitted to add additional grounds. Ed. ......l) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Miah Mojibur Rahman……………….Petitioner Vs. Khondoker Nazmul Haque (Chiru) and others………………......ook is dispensed with as prayed for. 8. The District Magistrate, Khulna, is directed to secure arrest the accused-respondent namely Khondoker Nazmul Haque (Chiru) son of late Khondoker Abdul Majid of village Fermaish Khana, P.S. Digholia, District-Khulna in connection with Criminal p......responding to G.R. Case No. 193 of 1990 P.S .Khalishpur immediately and to enlarge him on bail to his satisfaction. The petitioner is permitted to add additional grounds. Ed. ..

Category: Procedural Law | Date: | Hits: 100

Alhaj Sona Ullah Vs. Aminur Rahman, Sec, Min. of Work, BD Secretariat, DHK & ors., 2005, 34 CLC (AD)

.... Amirul Kabir Chowdhury J Alhaj Sona Ullah……………………….Petitioner Vs. Aminur Rahman, Secretary, Ministry of Works, Bangladesh Secretariat, Dhaka and others.....Respondents Judgment January 5, 2005. ...... Md. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Alhaj Sona Ullah……………………….Petitioner Vs. Aminur Rahman, Secretary, Ministry of Works, Bangladesh Secretariat, Dhaka and others.........sed on correct interpretation of law and we do not find any cogent reason to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ......sed on correct interpretation of law and we do not find any cogent reason to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 33

Md. Sirajul Islam and others Vs. State, 2005, 34 CLC (AD)

....sent in court on the date of framing charge against them and as such the contention of the learned Advocate is bereft of any substance. The petition is, therefore, dismissed. Ed. ......sent in court on the date of framing charge against them and as such the contention of the learned Advocate is bereft of any substance. The petition is, therefore, dismissed. Ed. ......directed against the judgment and order dated 05.08.2002 passed by the High Court Division in Criminal Appeal No. 2381 of 1998 dismissing the appeal. 2. The facts, in short, are that one Md. Abdul Aziz on 05.01.1995 lodged First Information Report with Lohagara Police Station stating, int......sent in court on the date of framing charge against them and as such the contention of the learned Advocate is bereft of any substance. The petition is, therefore, dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 42

Fazlul Kader Chowdhury Vs. Cyma Zarrar and another, 2006, 35 CLC (AD)

....hammad Arif i. e. father-in-law of Cyma Zarrar, Cyma Zarrar herself and Fazlul Kader Chowdhury the second party petitioner jointly instituted Title Suit No. 291 of 1995 for injunction against Arab Bangladesh Bank and the Government. In another suit, being Title Suit No. 88 of 1998 at the instanc...... (Criminal) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Fazlul Kader Chowdhury..................Petitioner Vs. Cyma Zarrar and another……………...Respondents Judg......Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..

Category: Procedural Law | Date: | Hits: 154

Shabbir Ahmed Chowdhury Vs. State, 2006, 35 CLC (AD)

....find any legal grounds of quash the proceeding and as such the impugned order does not suffer from any error. The petition is found to be without any substance and is thus dismissed. Ed. ......find any legal grounds of quash the proceeding and as such the impugned order does not suffer from any error. The petition is found to be without any substance and is thus dismissed. Ed. ......er Vs The State……………..........................................Respondent Judgment January 2, 2006. Lawyer Involved: Abdul Malek, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record-For the Petitioner ......find any legal grounds of quash the proceeding and as such the impugned order does not suffer from any error. The petition is found to be without any substance and is thus dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 57

Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)

.... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ...... (Civil) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Chowdhury J Abdul Wahed ........................................Appellant Vs. Arun Kumar Ganguly & others……..............Respondents. Judgment......with costs. Ed. ...... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ..

Category: Property Law | Date: | Hits: 35

Bangladesh Vs. Mst. Saleha Khatun and others, 2006, 35 CLC (AD)

.... appeal is allowed with costs at all stages. Ed. ...... Present: Md. Md. Ruhul Amin J Tafazzul Islam J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Jamalpur............................Appellant Vs. Mst. Saleha Khatun and others ................Respondents Judgment July 31, 2006. ...... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ...... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ..

Category: Property Law | Date: | Hits: 42

Anowarul Hoque Vs. Mohammad Tafazzal Mondal and others, 2006, 35 CLC (AD)

.... Allahabad 298 it has been held that a vakil appointed as guardian of minors by court is an officer of that court for the purpose of Order 32 Rule 4(4) of the Code of Civil Procedure and as such in Bangladesh, the learned Advocates are officers of the Court for the same purpose and so Acting Naz......ellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Anowarul Hoque being dead his heirs1 (a): Md. Ruhul Amin and others.....Petitioners Vs. Mohammad Tafazzal Mondal and others.............Respondents Judgement June......k. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. The petitioners are permitted to add additional grounds. Ed. ......k. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. The petitioners are permitted to add additional grounds. Ed. ..

Category: Property Law | Date: | Hits: 28

BRDB and others Vs. Md. Idris Ali Akond and others, 1998, 27 CLC (AD)

....(Civil) Present: A.T.M. Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Bangladesh Rural Development Board and others …………….Appellants. ...... Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Bangladesh Rural Development Board and others …………….Appellants. Vs. Md. Idris Ali Akond and others…………………&he......fication for making an order of remand as prayed for which will be a ceremony too idle to be permitted. In the result, the appeal is allowed without any order as to cost. Ed. ......fication for making an order of remand as prayed for which will be a ceremony too idle to be permitted. In the result, the appeal is allowed without any order as to cost. Ed. ..

Category: Employment/Service Law | Date: | Hits: 73

Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)

....etition No.20 of 2004 filed an application under section 43 of the Companies Act, 1994 before the Company Bench of the High Court Division stating, inter alia, that the petitioners are the citizen of Bangladesh and are sponsor contributor in the share capital of the respondent No.1 company namely Ju......ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ......ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ......ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ..

Category: Banking Law | Date: | Hits: 185

Wega Fashion Sweater (PVT.) Ltd. Vs. Syed Sajeda Hossain & others, 2006, 35 CLC (AD)

....�…………Appellant Vs. Director Adjutand of Ansar & V.D.P. having its office at Tikatuly & others ……………………Respondent (Civil Appeal No. 63 of 2004) Government of Bangladesh, represented by the secretary, Ministry of land and others…………………………�......pellate Division (Civil) Present: Ruhul Amin J MM Ruhul Amin J Md. Tafazzul J Wega Fashion Sweater (Pvt.) Ltd. represented by its M.D. Md. Nurul Huda………………Appellant Vs. Syeda Sajeda Hossain & others ……………………Respondent (Civil Appeal No. 62 of ......No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ......No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ..

Category: Property Law | Date: | Hits: 91

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