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Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)

....n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ......ate-on Record - For the Respondents (In Civil Petition No. 30 of 1982). Not represented - Respondents (In Civil Petition Nos. 9 of 1981). Civil Appeal No. 90 of 1981 and Civil Petitions for Special Leave to Appeal Nos. 30, 31 and 68 of 1982 and 9 of 1981. Judgment Fazle Munim CJ......h & another.............Appellants Vs. Md. Salimullah............Respondent (In Civil Appeal No. 90 of 1981) And Bangladesh………….Petitioner Vs. Hamidul Huq Chow­dhury and others..............Respondents (In Civil Petition Nos. 30 & 31 of 1982) And Syed Ali.......n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ..

Category: Constitutional Law | Date: | Hits: 181

Superintendent & Remembrancer of Legal Affairs, Government of Bangladesh Vs. Siddique Ahmed, 1977, 6 CLC (AD)

....ed. All the sentences are to run concurrently. The Respondent will now surrender to his bail bond to serve the remainder of his sentences. Ed. This Case also referred in: 31 DLR (AD) (1979) 29. ......ent Kemaluddin Hossain J.- This appeal stands on a very narrow compass. We are concerned with only one accused-respondent, Siddique Ahmed. The respondent along with 12 others was put on trial before the 1st Additional Sessions Judge, Sylhet to answer charges under sec­tions 302, 307/302/149 a......ttorney-General, instructed by A. Backkar, Advocate-on-record - For the Appellant. M. Behter Ali, Advocate-on-Record - For the Respondent. Criminal Appeal No. 13 of 1977. (From the Judgment and order dated 13-9-1977 by the High Court of Bangladesh in Criminal Appeal No. 285 of 1970). Ju......ed. All the sentences are to run concurrently. The Respondent will now surrender to his bail bond to serve the remainder of his sentences. Ed. This Case also referred in: 31 DLR (AD) (1979) 29. ..

Category: Criminal Law | Date: | Hits: 74

Chittagong Container Transportation Company Vs. Bangladesh and others, 2009, 38 CLC (AD)

.... above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petitioner is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 37. ......structed by Sufia Khatun, Advocate-on-Record—For the Petitioner. Mahmuda Begum Advocate-on-Record—For the Respondent Nos.2 and 3. Not Represented—Respondent Nos.1 and 4. Civil Petition for Leave to Appeal No.1173 of 2008. (From the judgment and order dated the 23rd day of September......sion (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J SAN Mominur Rahman J Chittagong Container Transportation Company...................Petitioner Vs. Bangladesh and others......................................................Respondents Judgment July 12,...... above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petitioner is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 37. ..

Category: Property Law | Date: | Hits: 126

Kamaluddin Ahmed Vs. Director of Trade Organisations and others, 2000, 29 CLC (HCD)

.... Rule is disposed of without any order as to costs. Send down the record at once. Let a copy of order portion be sent to DTO immediately. Ed. This Case is also Reported in:52 DLR (2000) 659. ......ndents to show cause as to why they should not be directed to cancel the impugned resolutions dated 14-3-2000 (Annexure-‘G’) and the impugned Circular 10-5-2000 (Annexure-‘J’) not being in conformity with the provisions of the Articles of Association, in particular Articles 26 and 27, of the...... High Court Division (Special Original Jurisdiction) Present: KM Hasan J Khademul Islam Chowdhury J Kamaluddin Ahmed...............Petitioner Vs. Director of Trade Organisations and others................Respondents Judgment July 25, 2000. Case Referred To- Banglade...... Rule is disposed of without any order as to costs. Send down the record at once. Let a copy of order portion be sent to DTO immediately. Ed. This Case is also Reported in:52 DLR (2000) 659. ..

Category: Others | Date: | Hits: 123

Fazlur Rahman & Co. Vs. M.V. CHOSUN HOPE and others, 2010, 39 CLC (HCD)

....days from the date of decree drawn. The office is directed to calculate the interest and the cost and inform the same to the defendant within the date fixed. Ed. This Case is also Reported in: ...... with Muhammad Ohiullah, Advocate-For the Respondents. Admiralty Suit No. 44 of 1997. Judgment AFM Abdur Rahman J. - Admiralty suit filed by Fazlur Rahman and Company Pvt. Ltd. On 24.7.1997 for realization of compensation for short landing of goods valued at Tk. 1,21,61,175.00 has been hea.............…Plaintiff Vs. 1. M.V.CHOSUN HOPE, now at Chittagong Port.………......Defendant 2. Master of M.V.CHOSUN HOPE, now stationed at Chittagong Port………......Defendant 3. Owner and persons interested in MV CHOSUN HOPE, now at Chittagong Port.………......Defendant 4. Ocea......days from the date of decree drawn. The office is directed to calculate the interest and the cost and inform the same to the defendant within the date fixed. Ed. This Case is also Reported in: ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 178

Mohammad Ali Vs. Government of the People’s Republic of Bangladesh and Others, 2010, 39 CLC (HCD)

.... Let a copy of the judgment be sent to the respondent No.1 for their future guidance. Ed. SM Emdadul Huque J. - I agree. This Case is also Reported in: 7 LG (HCD) (2010) 317.  ......1956, joined the service of Primary School on 1.7.1976 as an Assistant Teacher in Khedapara Primary School and ultimately transferred to Hogladanga Government Primary, wherein he continued in service for 23 years in the said Government primary School. Thereafter he became invalid due to some physica......pazilla-Monirampur, District Jessore…………………..Petitioner Vs. 1. The Government of the People’s Republic of Bangladesh represented by its Secretary, Ministry of Education (Primary and Mass Education), Bangladesh Secretariat, Ramna, Dhaka. 2. The Director General, Directorate o...... Let a copy of the judgment be sent to the respondent No.1 for their future guidance. Ed. SM Emdadul Huque J. - I agree. This Case is also Reported in: 7 LG (HCD) (2010) 317.  ..

Category: Employment/Service Law | Date: | Hits: 70

Major General (Retd.) Mahmudul Hasan Vs. State, 2000, 29 CLC (HCD)

....responding to TR No.9 of 1991 pending in the Court of Magistrate, First Class, Kotalipara, Gopalgonj is quashed in respect of the petitioner. Ed. This Case is also Reported in: 52 DLR (2000) 612.......der section 186 of the Penal Code on the allegation that while he was in charge of the Ministry of Home Affairs he directed the then Superintendent of Police, Gopalgonj over phone to drop the name of former State Minister Kazi Firoj Rashid from the case which started on the basis of an ejhar dated 1......inistry of Home Affairs. On the basis of this letter, the investigating-officer after investigation, submitted charge-sheet on 30-4-92 against other accused under different sections of the Penal Code and against the present petitioner under section 186 of the Penal Code. 3. Mr. Mahbubur Rahman, t......responding to TR No.9 of 1991 pending in the Court of Magistrate, First Class, Kotalipara, Gopalgonj is quashed in respect of the petitioner. Ed. This Case is also Reported in: 52 DLR (2000) 612...

Category: Criminal Law | Date: | Hits: 58

Mir Mahbubur Rahman Vs. State, 2011, 40 CLC (HCD)

....d to set at liberty at once if not been wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J. I agree. Ed. This Case is also Reported in: ......s Judge, Barisal in Sessions Case No.108 of 2005 arising out of G.R. Case No.415 of 2003 (Sadar) convicting the appellant under section 302 of the Penal Code and sentencing him to suffer imprisonment for life and to pay of Tk. 25,000/-, in default to suffer rigorous imprisonment for further period o......the appellant. Bashir Ahmed, Assistant Attorney General -For the respondent. Criminal Appeal No. 1600 of 2007. Judgment AKM Asaduzzaman J. - This appeal was preferred against the judgment and order dated 28.02.2007 passed by the learned Sessions Judge, Barisal in Sessions Case No.108 of ......d to set at liberty at once if not been wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J. I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 52

Nahar Shipping Lines Limited and another Vs. Homera Ahmed and others, 1999, 28 CLC (HCD)

....une, 1999 filed by the petitioners within 6(six) weeks from date and the affidavit in compliance to be filed within 1(one) week thereafter. Ed. This Case is also Reported in: 52 DLR (2000) 585. ......, lftekhar Ahmed, Advocates—For the Petitioners. Syed Mahmudul Ahsan, Advocate—For the Opposite Parties. Matter No.151 of 1997. Judgment Respondent Nos.1-3 have filed this application for summary dismissal of the main application filed by petitioners under section 233 of the Companie...... Ed. This Case is also Reported in: 52 DLR (2000) 585. ......une, 1999 filed by the petitioners within 6(six) weeks from date and the affidavit in compliance to be filed within 1(one) week thereafter. Ed. This Case is also Reported in: 52 DLR (2000) 585. ..

Category: Company Law | Date: | Hits: 235

KM Zakir Hossain Vs. Bangladesh Bank and others, 2000, 29 CLC (HCD)

....e respondent No.4. In view of the above, the Rule is discharged without any order as to costs. Stay order granted earlier is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 577. ......lam Brothers Properties Limited is a borrower of IFIC Bank, the respondent No.3. The Chairman of the Bank is also the Chairman and the Managing Director of the Islam Brothers Properties Ltd. and therefore has vested interest in the latter. The Company has huge outstanding dues with IFIC Bank which w......upreme Court High Court Division (Special Original Jurisdiction) Present: KM Hasan J Khademul Islam Chowdhury J KM Zakir Hossain…………….Petitioner Vs. Bangladesh Bank and others……………….Respondents Judgment May 9, 2000. Case Referred To- 27 DLR ......e respondent No.4. In view of the above, the Rule is discharged without any order as to costs. Stay order granted earlier is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 577. ..

Category: Business or Commercial Law | Date: | Hits: 208

State Vs. Md. Kaloo, 2003, 32 CLC (HCD)

....ariat, Dhaka; c. Inspector General of Police, Dhaka and d. Superintendent of Police, Jessore. Lower Courts Record be sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 638....... and revolting crime had been committed on 1-1-1997 in the house of husband Md. Kaloo at village Chhota Sheikh Hati, Police Station Kotwali, District Jessore. Rashida Khatoon, mother of Kohinur and informant, indicted Md. Kaloo, husband of her deceased daughter Kohinur Khatoon and killer of her daug......nce No. 15 of 2002. Judgment AK Badrul Huq J. - This criminal proceeding by way of Death Reference is an epitome of dowry death where wife Kohinur Khatoon became victim of dowry lust of her husband Md. Kaloo and Kohinur was tortured to death by him. 2. Diabolical and revolting crime had bee......ariat, Dhaka; c. Inspector General of Police, Dhaka and d. Superintendent of Police, Jessore. Lower Courts Record be sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 638...

Category: Criminal Law | Date: | Hits: 45

State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)

.... Condemned prisoner Shaniram is to be set at liberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ......on 25 of the Nari-o-Shishu Nirjatan Daman (Bishes Bidhan) Ain, 1995 (shortly referred to as the Ain, 1995) has been made by the learned Judge of the Nari-o-Shishu Nirjaton Daman Tribunal No. 2, Dhaka for confirmation of the sentence of death imposed upon the six convicts, namely 1) Shahidul Islam al......diction) Present: Md. Ali Asgar Khan J Md. Emdadul Huq J State…………………………………………………………………..Petitioner Vs. Shahidul Islam alias Shahid and others …………..Condemned-Prisoners. Judgment July 10, 2006. Cases Referred to- ...... Condemned prisoner Shaniram is to be set at liberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ..

Category: Criminal Law | Date: | Hits: 70

Kazi Md. Shafiqur Rahman Vs. Bangladesh and others, 2005, 34 CLC (HCD)

....Bichar-6/2N- 35/76 dated 25-4-2001 is declared to have been made without lawful authority and is of no legal effect. No order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 534.......l, Alim, Fazil and Kamil examinations in the year of 1982, 1984, 1987 and 1989 respectively. The petitioner filed an application on 6-10-1997 to the Ministry of Law, Justice and Parliamentary Affairs for appointment as the Nikah Registrar for No. 3, Raikot Union Parishad. The petitioner is the perma...... High Court Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Zinat Ara J Kazi Md. Shafiqur Rahman………………………………Petitioner Vs. Bangladesh and others ………………………………….Respondents. Judgment November 20, 2005. ......Bichar-6/2N- 35/76 dated 25-4-2001 is declared to have been made without lawful authority and is of no legal effect. No order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 534...

Category: Employment/Service Law | Date: | Hits: 81

Eskayef Bangladesh Ltd. Vs. Commissioner of Taxes, 2004, 33 CLC (HCD)

....ly, the questions in both the reference applications are answered in the affirmative and in favour of the Department. No order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 531. ......n carrying on its business of manufacturing, processing and marketing their own medicines and was assessed to tax under the Income Tax Ordinance, 1984 (hereinafter referred to as the Ordinance, 1984) for the assessment year 1995-96 by the DCT upon a total income of Taka 2,84,52,550 against disclosed......sh Ltd………………………..Petitioner Vs. Commissioner of Taxes…………………………Respondent. Judgment April 27, 2004. Cases Referred to- Titas Gas Transmissions and Distribution Co. Ltd Vs. Commissioner of Taxes, 2000 BTD 27; Sagorika and Co (Pvt) Ltd. Vs. Comm......ly, the questions in both the reference applications are answered in the affirmative and in favour of the Department. No order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 531. ..

Category: Fiscal/Taxation Law | Date: | Hits: 88

Badrud Doza (alias Momin) (Md.) Vs. State, 2006, 35 CLC (HCD)

....sent BD House, Road No. 43, House No. 3, PS Gulshan, Dhaka be enlarged on bail subject to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 58 DLR (2006) 529.......ted 21-4-2006 under section 19(1) (1)(Kha) of the Narcotics Control Act, 1990 corresponding to GR No. 259 of 2006 now pending in the Court of Chief Metropolitan Magistrate, Dhaka rejecting the prayer for bail. 2. The facts involved for disposal of the Rule are as follows: 3. The prosecution case,...... Rahman Bhuiyan J. - This Rule was issued by a Division Bench of this Court on an application filed by the petitioner made under section 498 of the Code of Criminal Procedure challenging the judgment and order dated 1-6-2006 passed by the learned Metropolitan Sessions Judge, Dhaka in Criminal Miscel......sent BD House, Road No. 43, House No. 3, PS Gulshan, Dhaka be enlarged on bail subject to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 58 DLR (2006) 529...

Category: Criminal Law | Date: | Hits: 64

Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....ed to have been made without lawful authority and to be of no legal effect. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 58 DLR (2006) 503. ......aval Contingent passed command from their ship on those vessels to halt but the vessels did not comply with the command and thereafter these three vessels were arrested by the Naval Contingent. The informant made a list of 42 crews of three vessels and then came to Patenga Police Station with the sa......ial Original Jurisdiction) Present: MM Hossain J Zubayer Rahman Chowdhury J Huang Chia Hsiang………………………………………….Petitioner Vs. Government of Bangladesh and others………….Respondents. Judgment December 12, 2005. Cases Referred to- Dhak......ed to have been made without lawful authority and to be of no legal effect. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 58 DLR (2006) 503. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 221

Shawkat Ali (Md.) and others Vs. Divisional Forest Officer and others, 2006, 35 CLC (HCD)

.... The orders of stay granted earlier by this Court stand vacated. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 58 DLR (2006) 487. ......Rules are heard together and are being disposed of by this single judgment. 3. In Writ Petition No. 1605 of 2000 the petitioner being a citizen of Bangladesh has been engaged in running a Saw Mill for about 11 years with due permission and licence from the concerned authority. He has been doing t...... This Case is also Reported in: 58 DLR (2006) 487. ...... The orders of stay granted earlier by this Court stand vacated. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 58 DLR (2006) 487. ..

Category: Environmental Law | Date: | Hits: 551

Abu Musa Kutub (Md.) Vs. Secretary, Election Commission and others, 2005, 34 CLC (HCD)

.... is discharged. The interim order passed at the time of issuance of the Rule, is herby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 450. ......of the People's Republic of Bangladesh, a Rule Nisi was issued calling upon the respondents to show cause as to why the declaration of the candidate of respondent No.6 Md. Mir Kashem alias Mir Kashem for the post of Member of Ward No.4 in the ensuing election, 2004 of No.4, Kaiyerbil Union Parishad,......nal Jurisdiction) Present: SM Hossain J Quamrul Islam Siddiqui J Abu Musa Kutub (Md.) …………………………………………..Petitioner Vs. Secretary, Election Commission and others ……….Respondents. Judgment July 18, 2005. Cases Referred to- Abid Hashe...... is discharged. The interim order passed at the time of issuance of the Rule, is herby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 450. ..

Category: Election Law | Date: | Hits: 87

Bangladesh Paribesh Andolan and another Vs. Bangladesh, represented by the Secretary, Ministry of Works and others, 2004, 33 CLC (HCD)

.... Let a copy of this judgment be communicated to the respondents to take necessary steps in the light of our judgment, in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 441.......nd 3. Writ Petition No. 3548 of 2003. Judgment Md. Imman Ali J. - This Rule Nisi was issued on an application under Article 102 of the Constitution challenging the construction of residences for the Speaker and Deputy Speaker within the National Assembly Area in violation of the original pl...... Case is also Reported in: 58 DLR (2006) 441.......in accordance with the direction of the Horticulture Department. (2) MC Mehta (Taj Trapezium Matter) Vs. Union of India (1997) 2 SCC. 353, where it was observed that the Taj Mahal, apart from being a cultural heritage, is also an industry by itself and, therefore, the environment and the ecosystems ..

Category: Environmental Law | Date: | Hits: 484

Sk Md. Tariqul Alam and another Vs. ATM Matiul Islam, 2006, 35 CLC (HCD)

....lt, the Rule is made absolute without any order as to cost and the delay of 285 days in filing the revisional application is hereby condoned. Ed. This Case is also Reported in: 58 DLR (2006) 425.......n J. - This Rule was issued calling upon the opposite party to show cause as to why the delay of 285 days in filing the revisional application should not be condoned. 2. Heard the learned Advocate for the petitioners and the learned Advocate for the opposite party. Perused the application for con...... This Case is also Reported in: 58 DLR (2006) 425.......lt, the Rule is made absolute without any order as to cost and the delay of 285 days in filing the revisional application is hereby condoned. Ed. This Case is also Reported in: 58 DLR (2006) 425...

Category: Procedural Law | Date: | Hits: 116