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State Vs. Anwar Hossain and others, 2008, 37 CLC (HCD)

....y towards the north making blank fire. In cross-examination, he stated that he used to run a hotel at Jurain Bazar. He was the President of Bazar Committee. His deceased son used to look after the business with him. These were 120 shops in the bazar. The factory of Karim Shaheb was of steel almi......94 BLD 33; State Vs. Babul Hossain, 52 DLR 400; Sanwar Hossain Vs. State, 45 DLR 489; Syed Nazakat Hossain alias Ujjal Vs. State, 48 DLR 139. Lawyers Involved: Md. Shafiqul Alam, Assistant Attorney General - For the State Appellant. Abdul Malek, with SM Shahjahan and AM Aminuddin, Advocat...... sentenced to imprisonment for life. The jail appeals are accordingly, disposed of. Send down the lower Court's records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 1. ...... sentenced to imprisonment for life. The jail appeals are accordingly, disposed of. Send down the lower Court's records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 1. ..

Category: Criminal Law | Date: | Hits: 67

Government of Bangladesh and others Vs. Dhaka Match Industries Co. Ltd. and others, 2011, 40 CLC (AD)

....No.2676 of 2011. After that, he filed an application for direction stating, inter alia: (a) The applicant is the proprietor of trading firm, M/s. Islam Brothers Company. The applicant is a reputed businessman and is engaged in the business of, amongst others, import and selling of food grains suc......ers Vs. Dhaka Match Industries Co. Ltd. and others............Respondents Judgment June 2, 2011. Result: The petition is dismissed. Lawyers Involved: Murad Reza, Additional Attorney General, instructed by Mrs. Mahmuda Begum, Advocate-on-Record-For the Petitioners. Anisul H......he Rule. Accordingly, we find no substance in this petition, which is accordingly dismissed with the observations made in the body of the judgment. Ed. This Case is also Reported in: ......he Rule. Accordingly, we find no substance in this petition, which is accordingly dismissed with the observations made in the body of the judgment. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 131

Engineer A. B. Siddique Vs. Kazi Akramuddin and others, 2011, 40 CLC (AD)

....er filed an application to writ-respondent No.1 for allotment of about 3 kathas of land appertaining to R.S. Plot Nos.1101 (part) and 1435 (part) of Chittagong Agrabad Commercial Area for running his business. On 19.09.2000, office of writ-respondent No.1 received the application with a remark to ta......¦â€¦â€¦Respondents Order August 23, 2011. Result: Leave is granted. Cases Referred to- Shahjadi Begum and others Vs. Mirza Gias Uddin, 21 BLD (AD) 59; Chairman of Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 46 DLR (AD) 145. Lawyers Involved: T. H. K......paration of paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 279.......paration of paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 279...

Category: Property Law | Date: | Hits: 79

Sentu Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)

....er rigorous imprisonment for one month more should not declared to have been passed without any lawful authority and is of no legal effect. 2. It is stated in the petition that the petitioner is a businessman and was tried in absentia along with 2 other accused in Special Tribunal Case No.80 of 1......ute Cases Referred To- Neser Ahmed Vs. Bangladesh, 49 DLR (AD) 111; State Vs. Imdad Ali Bepari, 36 DLR 333; State Vs. Hadis Gani, 45 DLR 400. Lawyers Involved: MA Wahab Miah with B Chakraborty aandd Reba Kaniz, Advocates ‑ For the Petitioner. KM Saifuddin, Deputy Attorney‑Generalâ......ful authority and is of no legal effect. The petitioner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 220.......nto a Court of Appeal under section 30 of the Special Powers Act. It will confine itself to the jurisdictional issues that are usually associated with judgment of inferior Tribunal and quasi-judicial bodies. 16. It appears that the High Court Division rejected the writ petition in limine without ..

Category: Criminal Law | Date: | Hits: 63

Saleha Begum Vs. Kamal Hossain, 1997, 26 CLC (HCD)

....988 and after her marriage she used to live with her husband. The husband lost his job in 1989 and he started creating pressure on her to bring Taka 20,000.00 from her father to enable him to start a business. When the petitioner refused to do so the husband started torturing her in various ways and......¦..Petitioner Vs. Kamal Hossain…………………Opposite Party Judgment November 3, 1997. Result: The Rule is made absolute. Lawyers Involved: Khair Ahmed, Advocate — For the Petitioner. AKM Abdul Malek, Advocate — For the Opposite Party. Civil Revision No.233......ll be entitled to recover the same in accordance with law. In the facts and circumstances of the case there is no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 180.......ll be entitled to recover the same in accordance with law. In the facts and circumstances of the case there is no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 180...

Category: Family Law | Date: | Hits: 152

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

....ld on 15.7.59. The Appellate Assistant Commissioner observed that the managed companies had made profit and the assessee company decided to forego the claim for commission but "this action is not for business consideration''. 4. The Income Tax Appellate Tribunal considered the assessee's grievanc......Kemaluddin Hossain CJ Ruhul Munim J KM Subhan J Badrul Haider Chowdhury J Commissioner of Income-Tax………………………Appellant (In all the appeals) Vs. M/S. Jamiluddin Corporation Ltd., Bogra………………………..Respond­ents (In all the appeals) Judgment ......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.......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. ......ra 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. R......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. ......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

New Dacca Industries Ltd. Vs. Quamrul Huda & others, 1979, 8 CLC (AD)

....ons stated above we allow this appeal without any order as to costs. The judgment of the High Court is set aside and the writ re-called. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 234....... Quamrul Huda & others……………………………..Respondents Judgment January 16, 1979. Result: The appeal is allowed. Cases Referred to- Bangladesh Small Industries Corporation Vs. Mahbub Hossain, (1977) 29 DLR (SC) 41; Punjab Ali Vs. Mohd. Mokarram Hossain, (1977) ......gh a short one, is one of con­siderable importance, because of the different nationalisation legislations passed from time to time. The question is whether an employee of a Private Limited Company incorporated un­der the Companies Act, which has been nationalised under the President's Order No.27 ......ons stated above we allow this appeal without any order as to costs. The judgment of the High Court is set aside and the writ re-called. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 234...

Category: Employment/Service Law | Date: | Hits: 104

Jahangir Alam Chowdhury (Md.) Vs. Zabun Nahar Chowdhurani and other, 2008, 37 CLC (HCD)

.... in Feni town and he also set up an eye clinic there. He brought many gold ornaments for his wife defendant No.2 when they were coming back to Bangladesh. While he was running his practice and clinic business he asked his father-in-law to give account of about Taka 10 (ten) lac which was sent to him......ng Mills, 1997 BLD (AD) 47; Hussain Ahmed Chowdhury Vs. Md. Nurul Amin, 47 DLR (AD) 162; Habibullah Vs. Sher Ali Khan, 57 DLR (AD) 55; 6 DLR (AD) 97. Lawyers Involved: Md. Oziullah, Advocate - For the Petitioner. Abdul Kalam Chowdhury, Advocate - For Opposite Party No.1. Civil Revision C......is Court at the time of issuance of the Rule is hereby vacated. Lower Courts record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 322. ......is Court at the time of issuance of the Rule is hereby vacated. Lower Courts record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 322. ..

Category: Family Law | Date: | Hits: 167

Nurun Nabi (Md.) Vs. Md. Abu Taher Khan and another, 2009, 38 CLC (HCD)

....e the Chief Metropolitan Magistrate, Dhaka against the petitioner, on 3-6-2007, under section 138 of the Negotiable Instruments Act, 1881 (The NI Act) stating that, the, complainant is an established businessman of rod and cement. The accused petitioner is the proprietor of Messrs Global Internation....... Cases Referred to- Zahid Hossain Vs. State, 61 DLR 386; Stalion Shox (Pvt.) Vs. Auto Teisions (Pvt.) Ltd. (1994) 79, Company Cases 809 (Delhi). Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate - For the Petitioner. SM Shahjahan, with Md. Shafiqur Rahman, Advocates - For Opposit......ued defaulter should not be indulged in a manner so that the legislative intent is allowed to be frustrated. 21. We have also considered that the provisions regarding framing of charges has been incorporated under Chapter XIX of the Code of Criminal Procedure. Section 225 of the Code reads as fol......usly as may be Practicable. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 317. ..

Category: Criminal Law | Date: | Hits: 86

Khalil @ Khalilur Rahman and others Vs. State, 2008, 37 CLC (HCD)

....ence suggestion that the confessional statements were obtained through torture and coercion and that they did not confess voluntarily. 28. P.W.9, Mustafizur Rahman, deposed that he carries on rice business taking the godown of Azimuddin on rental basis. 29. When he deposed that police did not ......al Appeal No.3698 of 2001 is dismissed. Cases Referred to- Ustar Ali Vs. State, 3 BLC (AD) 53. Lawyers Involved: Aminul Huq Helal with Momtaz Uddin Fakir and Kalipada Mridha, Advocates - For the Appellants. Umme Kulsum Begum, Deputy Attorney-General with SM Shahjahan Kabir Assistant A......tion and sentence is affirmed and he will get benefit of section 35A of the Code of Criminal Procedure. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 309. ......tion and sentence is affirmed and he will get benefit of section 35A of the Code of Criminal Procedure. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 309. ..

Category: Criminal Law | Date: | Hits: 116

Bangladesh Freedom Fighters' Welfare Trust and others Vs. Joint District Judge and Artha Rin Adalat & another, 2004, 33 CLC (HCD)

....udgment and decree dated 14‑5‑02 is without jurisdiction. The result is that the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 641. ......lat & another...............Respondents Judgment May 22, 2004. Result: The Rule is made absolute. Cases Referred to- Bangladesh represented by the Secretary, Ministry of Public Works and Urban Development Vs. Md Suruzzamal and others, 48 DLR (AD) 1; Gannysons Ltd Vs. Sonali Ban......udgment and decree dated 14‑5‑02 is without jurisdiction. The result is that the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 641. ......0. In plain reading of Article 9 and Rule 3 of the aforesaid Rules the liability in respect of rent, rate and taxes and also the outstanding dues or loan either payable to the Government or Statutory bodies or Corporation on account of the building shall have to be determined by the authority as may..

Category: Property Law | Date: | Hits: 173

AKM Abdullah Harun Vs. Additional District Judge and others, 2001, 30 CLC (HCD)

....he question now arises is whether the Additional District Judges are entitled to exercise this power or not. Section 8 of the East Bengal Civil Court's Act (Act XII of 1887) provides: (1) When the business pending before any District judge requires the aid of Additional Judges for its speedy disp......i and another Vs. Dr. M Muslimuddin, 1983 BLD 161 = 35 DLR 23; Amir Sultan Ali Hyder Vs. Md. K Alam alias S Alam and others, 29 DLR (AD) 295. Lawyers Involved: AH Mahfuzur Rahman, Advocate ‑ For the Petitioner. Md. Nurul Amin, Advocate ‑ For Respondent No. 6. Writ Petition No. 1098 o......examination is hardly possible under the writ jurisdiction. In view of the above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 654. ......examination is hardly possible under the writ jurisdiction. In view of the above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 654. ..

Category: Trust/Waqf Law | Date: | Hits: 153

Zahidul Hasan (Md) and others Vs. State, 2004, 33 CLC (HCD)

....isfactory explanation or showed any valid papers in support of the Bangladeshi Taka. On interrogation of the accused persons the informant came to know that the accused persons had been running Hundi business for long. The inhabitants of District Sylhet residing at London used to send money by illeg......e Party Judgment June 23, 2004. Result: The Rule is made absolute. Lawyers Involved: Sheikh Atiar Rahman with Arobinda Kumar Roy, Md. Wahiduzzaman, Afroza Chowdhury, Advocates ‑ For the Petitioners. Sheikh Abdul Awal, Deputy Attorney General with SM Aminul Islam, Advocate ‑......ed. The Deputy Commissioner, Sylhet is directed to make arrangement to return the money. Communicate the order to the Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 630. ......ed. The Deputy Commissioner, Sylhet is directed to make arrangement to return the money. Communicate the order to the Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 630. ..

Category: Criminal Law | Date: | Hits: 70

National Life Insurance Company Ltd. Vs. Controller of Insurance, 2002, 31 CLC (HCD)

....al effect. 2. The case of the petitioner National Life Insurance Company Limited is that the petitioner is a company registered under the Companies Act, 1913 on 12‑2‑1985 and is engaged in the business of life insurance. The petitioner was promoted by twenty sponsor directors, the share capit......urance ………………………… Respondent Judgment April 24, 2002. Result: The Rule is made absolute. Lawyers Involved: M Zahir with Shah Muhammad Ezaz Rahman, Advocates ‑ For the Petitioner. Writ Petition No. 985 of 1999. Judgment Md. Marzi ul Huq J. - This Rule ......€‘3‑1999 by the respondent imposing fine upon the petitioner is declared to have been done without lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 624.......€‘3‑1999 by the respondent imposing fine upon the petitioner is declared to have been done without lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 624...

Category: Business or Commercial Law | Date: | Hits: 271

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:......…………Petitioner Vs. Dafader Marfoth Ali Shah and another………….Respondents Order January 11, 2011. Result: The Leave is granted. Lawyers Involved: Mahbubey Alam, Attorney General (Chief State) with Anisul Huq, Senior Advocate, with Murad Reza, Additional Attorney G......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:......uested the I.G. (prisons) to make contact with the army officials to know the course of action at that situation. In reply I.G. (prisons) had a talk with Major Rashid who ordered not to move the dead bodies. At around mid-day on the same day the informant along with the I.G.(prisons) had gone to mee..

Category: Criminal Law | Date: | Hits: 191

Azmal Khan Vs. Md. Afzal Khan and others, 2011, 40 CLC (AD)

....subsequently it has been managed by Meghana Petroleum Co. Ltd. The plaintiff claimed that he had executed a power of attorney authorizing the defendant No.2 to look after his share in the petrol pump business and as there was misunder­standing among the brothers, he requested the Meghna Petroleum t......Pillai, AIR 2000 SC 614; Modi Spinning and Weaving Mills Co. Ltd Vs. Ladha Ram and Co, AIR 1977 SC 680 and Smt; Ganga Bai Vs. Vijay Kumar, Air 1974 SC 1126. Lawyers Involved: Kamal-ul-Alam, Senior Advocate, instructed by Zainul Abedin, Advocate-on-Record-For the Appellant. Mahbub Ali, Advoc......jected to injus­tice, and inconsistent and contradictory allegations in negation to the admitted position of facts or mutu­ally destructive allegations of facts, which should not be allowed to be incorporated by means of amendment to the pleadings. 14. The Courts should bear in mind that althou......ame. We find no substance in the contention of Mr. Kamal-ul-Alam. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 17. ..

Category: Civil Law | Date: | Hits: 86

Ramjan Ali Mistry Vs. Md. Hedayelullah, 1978, 7 CLC (AD)

....ller not within the time prescribed by law. The trial Court from the trade licence of the tenant, and from the evidence of plaintiff's witnesses, and disbelieving the defence witnesses, held that the business of the tenant was for repair work of worn out materials, and so he was running a repairing ...... (1997) 28 DLR 443; Abul Layes Vs. Mst. Anwara Khatun, (1977) 29 DLR (SC) 13; Allenbury Engineers (Private) Ltd. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. Lawyers Involved: T.H. Khan, Senior Advocate, instructed by A.S.M.S. Zaman, Advocate on Record - For the Appellant. B.B. Roy Chowd......td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this ap­peal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183.......td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this ap­peal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183...

Category: Property Law | Date: | Hits: 87

M/S Pak Jute Mills Ltd. Vs. Income Tax Officer and another, 1978, 7 CLC (AD)

....ecial leave is directed against the order of a Division Beach of tie High Court dismissing the Writ petition. 2. The petitioner was a Public Limited Company carrying on jute goods manufactur­ing business and it became a nationalised enterprise. It enjoyed tax-holiday u/s 16BB of the Income Tax ......: The appeal is dis­missed. Case Referred to- Shashibala Navnitlal Vs. C.I.T., (1964) 54 I.T.R. 478. Lawyers Involved: C. R. Ali, Advocate, instructed by Abu Backkar, Advocate-on-Record - For the Appellant. Mozammel Huq Bhuiyan, Advocate, ins­tructed by S. S. Hoda, Advocate-on......ere the rate of surcharge has been detailed. This point also fails. In the result, therefore, the appeal is dis­missed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 178. ......ere the rate of surcharge has been detailed. This point also fails. In the result, therefore, the appeal is dis­missed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 178. ..

Category: Fiscal/Taxation Law | Date: | Hits: 131

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

....nal. She is the President of “Daddy’s Money of California Inc.” a company registered in USA and the “Daddy’s Money of Hong Kong Ltd.”, a company registered in Hong Kong. She is engaged in business in Bangladesh under the names and styles of “Daddy’s Money of Bangladesh” and the “...... This Case is also Reported in: 50 DLR (HCD) (1998) 151.......registered in Hong Kong. She is engaged in business in Bangladesh under the names and styles of “Daddy’s Money of Bangladesh” and the “Daddy’s Money Garments Ltd.” The former company is incorporated in USA with a registered liaison office in Bangladesh and latter company is a private lim......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