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Rakibuddin Talukder Vs. Government of Bangla­desh and others, 2009, 38 CLC (HCD)

....during S.A. settlement operation, the land was recorded in abstract khatian of the Government for which the title of the plaintiff was clouded. Hence the suit. 4. The defendant No.1 (Government of Bangladesh) and added defendant No.2 contested the suit by filing separate written statement denying....... Office is directed to send down the records of this case at once with a copy of Judgment for infor­mation and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 430. ......preme Court High Court Division (Civil Revisional Jurisdiction) Present: Syed Md. Ziaul Karim J Rakibuddin Talukder......................Petitioner Vs. Government of Bangla­desh and others.......................Opposite Parties Judgment January 27, 2009. Result: The....... Office is directed to send down the records of this case at once with a copy of Judgment for infor­mation and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 430. ..

Category: Property Law | Date: | Hits: 76

Ahmed Akbar Sobhan Vs. State, 2011, 40 CLC (HCD)

....contraven­tion of any provision of the Foreign Exchange Regulation Act etc. complaint should be filed before the Magistrate by the person authorized in this behalf either by the Government or by the Bangladesh Bank and not by lodging any FIR and that too by an authorized person. This apart lodg­me......s discharged from his bail bond. Send down LCR and a copy of the Judgment to the trial Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ...... the conviction has been based on no legal evidence or otherwise for securing the ends of justice……………….(18) The Code of Criminal Procedure, 1898 (V of 1898); section 103 The search and seizure of any matter must be conducted in presence of two independent witnesses and in the abse......s discharged from his bail bond. Send down LCR and a copy of the Judgment to the trial Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ..

Category: Criminal Law | Date: | Hits: 109

Osarunnessa Vs. Bangladesh and others, 2012, 41 CLC (HCD)

.... ......ared to have been passed without lawful authority and is of no legal effect and hereby set aside. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ......ourt High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Mustafa Zaman Islam J Osarunnessa………………………..Petitioner Vs. Bangladesh and others………………………Respondents Judgment March 12, 2012. Result: The Ru......ared to have been passed without lawful authority and is of no legal effect and hereby set aside. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ..

Category: Civil Law | Date: | Hits: 134

Abdul Khaleque Shah Vs. Administrator of Waqfs and others, 1996, 25 CLC (HCD)

.... thereupon one month's time from 28‑11‑1989 was allowed, that on 25‑11‑1989 respondent Nos.2 and 3 filed a petition before the Minister‑in‑Charge of Religious Affairs of the Government of Bangladesh for removal of the petitioner from the office of Mutwalli of the Waqf Estate and that in ...... the same till finalisation of the proceeding under section 32 of the Waqf Ordinance 1962 is set aside. There is no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 427. ......ivision (Special Original Jurisdiction) Present: Md. Ruhul Amin J Md. Asaduzzaman J Abdul Khaleque Shah……………………………….Petitioner Vs. Administrator of Waqfs and others…………………………………..Respondents Judgment December 2, 1996. R...... the same till finalisation of the proceeding under section 32 of the Waqf Ordinance 1962 is set aside. There is no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 427. ..

Category: Trust/Waqf Law | Date: | Hits: 85

Mohammed Ali Vs. Director, Marine Fisheries Office and others, 2009, 38 CLC (HCD)

....abia Begum, Advocates — For Respondent No. 3. Writ Petition No. 1601 of 2009. Judgment SM Hossain J. - In this application under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned......icence dated 23-2-2009 in favour of the petitioner only after complying with all statutory provisions. There is no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 769. ...... Court Division (Special Original Jurisdiction) Present: SM Hossain J Quamrul Islam Siddiqui J Mohammed Ali…………………..Petitioner Vs. Director, Marine Fisheries Office and others……………………..Respondents Judgment May 28, 2009. Result: The Rule ......icence dated 23-2-2009 in favour of the petitioner only after complying with all statutory provisions. There is no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 769. ..

Category: Civil Law | Date: | Hits: 124

Chittagong Dry Dock Ltd. Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)

....004) dismissing the appeal. 2. Facts relevant for disposal of the reference application are as follows: - The assessee-applicant, Chittagong Dry Dock Limited is a state owned company under the Bangladesh Steel and Engineering Corporation. Every transaction in the books of accounts of the asse......ervations made in the body of the Judgment. The Registrar is to take steps under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 412. ......he appeal. 2. Facts relevant for disposal of the reference application are as follows: - The assessee-applicant, Chittagong Dry Dock Limited is a state owned company under the Bangladesh Steel and Engineering Corporation. Every transaction in the books of accounts of the assessee are subject ......ppeal. 2. Facts relevant for disposal of the reference application are as follows: - The assessee-applicant, Chittagong Dry Dock Limited is a state owned company under the Bangladesh Steel and Engineering Corporation. Every transaction in the books of accounts of the assessee are subject to i..

Category: Fiscal/Taxation Law | Date: | Hits: 107

Neo Mendes and others Vs. State, 2007, 36 CLC (HCD)

.....52187 dated 23.12.2000 for 284 cartoons valued at US$ 22,262.76. It has been alleged that cargo may be delivered after surrendering documents and before surrendering these are to be endorsed by Arab Bangladesh Bank Ltd., and the Bank will endorse it only after receiving payment on behalf of the com......t this rules i.e. Criminal Miscellaneous Case No.7514 of 2001 is discharged as being infructuous. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 300. ......nce. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 300. ......t this rules i.e. Criminal Miscellaneous Case No.7514 of 2001 is discharged as being infructuous. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 300. ..

Category: Criminal Law | Date: | Hits: 70

Nazrul Islam (Md.) Vs. Bangladesh and others, 2007, 36 CLC (HCD)

.... ......er's property is declared to have been made without any lawful authority and is of no legal effect. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 39. ......ourt High Court Division (Special Original Jurisdiction) Present: ABM Khairul Haque J SM Ziaul Karim J Nazrul Islam (Md.)………………………Petitioner Vs. Bangladesh and others………………………………Respondents Judgment April 25, 2007. Result:......er's property is declared to have been made without any lawful authority and is of no legal effect. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 39. ..

Category: Property Law | Date: | Hits: 62

Dr. M. Rafiquzzaman Vs. Bangladesh Shilpa Bank, 2006, 35 CLC (HCD)

....ourt High Court Division (Civil Jurisdiction) Present: Md. Arayes Uddin J SM Emdadul Hoque J Dr. M. Rafiquzzaman, the Chairman, Rafi Systems Ltd……………Appellant Vs. Bangladesh Shilpa Bank……………………………………………………………..Respond......k any adjournment. The order of stay is vacated and the connected civil rule is discharged. Let the L.C.R be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 18. ......t: The rule is discharged. Cases Referred to- Bangladesh House Building Finance Corporation Vs. Jahanara Akhter, 49 DLR (AD) 1980; New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and others, 42 DLR (AD) 221, 18 BLD (AD) 124, 18 BLD (AD) 136; Jahanara Akhter Begum and others Vs. ......ndent Judgment February 22, 2006. Result: The rule is discharged. Cases Referred to- Bangladesh House Building Finance Corporation Vs. Jahanara Akhter, 49 DLR (AD) 1980; New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and others, 42 DLR (AD) 221, 18 BLD (AD) 124, 18 B..

Category: Civil Law | Date: | Hits: 127

Hotel Zakaria International (Pvt.) Ltd. Vs. National Board of Revenue (NBR) and others, 2010, 39 CLC (HCD)

....………………………………Respondent Judgment February 24, 2010. Result: The Rule is made absolute in part. Case Referred to- Ms. Camico Laboratories Ltd Vs. Government Bangladesh and others, 11 MLR (AD) 192. Lawyers Involved: Md. Sadullah, Advocate - For the pet......However, the petitioner will be at liberty to give reply under section 55 of VAT Act as per notice dated 15th July, 2007(Annexure-B). Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 388. ...... Hague J Hotel Zakaria International (Pvt.) Ltd………………………………………Petitioner Vs. National Board of Revenue (N.B.R) Represented by its Chairman, Segunbagicha, Dhaka and others………………………………………Respondent Judgment February 24, 2010......However, the petitioner will be at liberty to give reply under section 55 of VAT Act as per notice dated 15th July, 2007(Annexure-B). Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 388. ..

Category: Fiscal/Taxation Law | Date: | Hits: 107

Saleha Khatoon @ Saleha Begum Vs. Abdur Rahman Kha, 2009, 38 CLC (HCD)

....rimuddin and others Vs. Aftabuddin Ahmed and others, 14 BLD page 134; SAM Mahbub Elahi represented by Md. Jahangir Alam Vs. Md. Shah Alam and others, 8 BLC page 484; Registrar of the Supreme Court of Bangladesh Vs. Md. Shafiuddin son of late Md. Asuruddin, 10 BLT (AD) 50. Lawyers Involved: A.B......ntained. The order of injunction at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 486. ......y Judgment November 1, 2009. Result: The rule is made absolute. No appeal lies from any order or decree passed in any suit instituted under section 9 of the Specific Relief Act, 1877 and the only remedy lies against such decree/order is the revisional jurisdiction of the High Court ......ntained. The order of injunction at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 486. ..

Category: Civil Law | Date: | Hits: 114

Abdul Matin Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (HCD)

....t High Court Division (Civil Revisional Jurisdiction) Present: AK Badrul Huq J Abdul Matin……………………………Petitioner Vs. Government of the People's Republic of Bangladesh………………………………Opposite Party Judgment April 19, 2007. Res......act and circumstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 30. ...... Judgment April 19, 2007. Result: The Rule is made absolute. Doctrine of res judicata Doctrine of res judicata has received a statutory sanction in The Code as a matter of prudence and to give due weightage to a finding or decision so as to reach finality in the matter of a disput......act and circumstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 30. ..

Category: Property Law | Date: | Hits: 69

Ittefaq Group of Publications Limited and others Vs. Arab Bangladesh Bank Limited and others, 1998, 27 CLC (HCD)

....me Court High Court Division (Civil) Present: Mahmudul Amin Chowdhury J Bijan Kumar Das J Ittefaq Group of Publications Limited and others………………Appellants Vs. Arab Bangladesh Bank Limited and others………………Respondents Judgment May 5, 1998. Resul......nd the publication of the newspaper the daily Ittefaq the parties in litigation may act in pursuance to resolution dated 30‑9‑90. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 597. ......e is also Reported in: 50 DLR (HCD) (1998) 597. ......nd the publication of the newspaper the daily Ittefaq the parties in litigation may act in pursuance to resolution dated 30‑9‑90. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 597. ..

Category: Company Law | Date: | Hits: 127

M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)

....in and others……………...Petitioner (In Writ Petition 1048 of 2011) And Md. Abdul Mazid………………….............Petitioner (In Writ Petition 1059 of 2011) Vs. Government of Bangladesh and others…………Respondents (In all the Writ Petitions) Judgment March 22, 20......া কোনো বাংলাদেশি মানুষের পক্ষেই সম্ভব না।” Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ...... This Case is also Reported in: ......Central Committeein 1972. The Architect of Independent Bangladesh, Bangbandhu Sheikh Mujibur Rahman approved the said committee. In personal life he is an Engineer and obtained graduation in Chemical Engineering from Bangladesh University of Engineering and Technology (BUET) in early 1970. 47. Th..

Category: Criminal Law | Date: | Hits: 154

Amarbati Natya Mandir Vs. State, 2009, 38 CLC (HCD)

....n for leave to proceed with the suit after amendment of the plaint is allowed. The order of abatement of the suit is also set aside. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 217. ......n for leave to proceed with the suit after amendment of the plaint is allowed. The order of abatement of the suit is also set aside. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 217. ...... This Case is also Reported in: 61 DLR (HCD) (2009) 217. ......n for leave to proceed with the suit after amendment of the plaint is allowed. The order of abatement of the suit is also set aside. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 217. ..

Category: Civil Law | Date: | Hits: 104

Agrani Bank Vs. Orbit Enterprise Ltd and another, 2009, 38 CLC (HCD)

....e suit. 4. The defendant-respondent filed written statement and contested the suit. His case is that after getting a work order to establish electric connection and sanitary works of a building of Bangladesh T&T Board, the plaintiff-bank allowed him the said loan facility. It is further state......it at the rate of 15% per annum till realization. Send down the LC record at once. Communicate this order at once. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 710. ......urt High Court Division (Civil Appellate Jurisdiction) Present: SK Sinha J Md. Ashfaqul Islam J Agrani Bank……………………Plaintiff-Appellant Vs. Orbit Enterprise Ltd and another………………………Defendants-Respondents Judgment January 20, 2009. Res......it at the rate of 15% per annum till realization. Send down the LC record at once. Communicate this order at once. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 710. ..

Category: Civil Law | Date: | Hits: 95

Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)

....rovides that any person who makes or has in his possession or under his control any explosive substance with intent by means thereof to endanger life, or cause serious injury to person or property in Bangladesh or to enable any other person by means thereof to endanger life or cause serious injury t......eof. They are set at liberty at once if not required in connection with any other case. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 279. ......: 15 BLT (HCD) (2007) 279. ......eof. They are set at liberty at once if not required in connection with any other case. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 279. ..

Category: Criminal Law | Date: | Hits: 83

Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)

.... Board land others……………………………………Respondents Judgment June 3, 2010. Result: The rule is made absolute. Cases Referred to- 47 DLR (AD) 9; 50 DLR (AD) 213; Bangladesh Tobaco Company Ltd. Vs. Md. Azizul Huq, 8 MLR (AD) 149 = 7 BLC (AD) 119; Bangladesh Vs. M...... to the extent of 5.17 acres as it originally stood. Communicate this Judgment to the Land Appeal Board (respondent No.1) at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 511. ......lso Reported in: 17 BLC (HCD) (2012) 511. ...... to the extent of 5.17 acres as it originally stood. Communicate this Judgment to the Land Appeal Board (respondent No.1) at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 511. ..

Category: Property Law | Date: | Hits: 115

Dutex Enterprise Co. Ltd. Vs. RMS Textile and Apparels Ltd. and others, 2010, 39 CLC (HCD)

....ssible, preferably within six months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 393. ......ssible, preferably within six months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 393. ......l Appellate Jurisdiction) Present: Syed Md. Ziaul Karim J Md. Nuruzzaman J Dutex Enterprise Co. Ltd…………………………………………………Appellant Vs. RMS Textile and Apparels Ltd. and others……………..Respondents Judgment July 7, 2010. Result: ......a bank, such bank is left with no option but to honour its obligation under the letter of credit and pay ……………………(16 & 21) Cases Referred to - Standard Bank Ltd. Vs. Tripos Engineering and Trading Company and others, 25 BLD (AD) 137; Gooryonly (BD) Textile Ltd. Vs. Chartka..

Category: Business or Commercial Law | Date: | Hits: 365

Md. Hasan Habib alias Ahsan Habib and others Vs. Government of the People's Republic of Bangladesh and others, 2010, 39 CLC (HCD)

.... Present: Zinat Ara J Syed Abu Kowser Md. Dabirush-Shan J Md. Hasan Habib alias Ahsan Habib and others………………………Petitioner Vs. Government of the People's Republic of Bangladesh and others………………………Respondent Judgment May 13, 2010. Result: ......ischarged without any order as to cost. The order of stay stands vacated. Communicate the judgment to respondent No.2 at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 359. ......BLD (HCD) (2010) 359. ......ischarged without any order as to cost. The order of stay stands vacated. Communicate the judgment to respondent No.2 at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 359. ..

Category: Civil Law | Date: | Hits: 85