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Mohammad Hossain and others Vs. Additional Deputy Commissioner (Revenue) and Assistant Custodian, Vested and non-resident properties, Noakhali and others, 2011, 40 CLC (HCD)

.... parliamentary affairs, Government of Bangladesh. Send down the lower Court record. Communicate this order at once. Ed. Md. Nuruzzaman J.-I agree. This Case is also Reported in: ...... parliamentary affairs, Government of Bangladesh. Send down the lower Court record. Communicate this order at once. Ed. Md. Nuruzzaman J.-I agree. This Case is also Reported in: ......nal Jurisdiction) Present: Sharif Uddin Chaklader J Md. Nuruzzaman J Mohammad Hossain and others…………………………………Appellants Vs. Additional Deputy Commissioner (Revenue) and Assistant Custodian, Vested and non-resident properties, Noakhali and others………â€......gree. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 66

Bangladesh Atomic Energy Commission Vs. Md. Al-Amin Sarker and others, 2011, 40 CLC (AD)

....ed 6.10.2010 passed by the High Court Division in Writ Petition No. 6308 of 2009 be stayed till disposal of the Appeal. Ed. This Case is also Reported in: VIII ADC (2011) 388.   ......ed 6.10.2010 passed by the High Court Division in Writ Petition No. 6308 of 2009 be stayed till disposal of the Appeal. Ed. This Case is also Reported in: VIII ADC (2011) 388.   ......ed 6.10.2010 passed by the High Court Division in Writ Petition No. 6308 of 2009 be stayed till disposal of the Appeal. Ed. This Case is also Reported in: VIII ADC (2011) 388.   ......ul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Bangladesh Atomic Energy Commission (BAEC)…………….......Petitioner Vs. Md. Al-Amin Sarker and others.............................................Respondents Order March 6, 2011. Law..

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

Trade Channel Vs. Collector of Customs, Customs House Chitta­gong and others, 1990, 19 CLC (HCD)

....d of 92 Agrabad Commercial Area,PS Double Moorings, Chittagong prays for issuance of a Rule Nisi calling upon respondent Na.1 Collector of Customs Customs, House, Chitagong, respondent No.2 Chairman, National Board of Revenue, Segun Bagicha, Ramna, Dhaka and respondent No.3 Ministry of Finance, repr......grabad Commercial Area,PS Double Moorings, Chittagong prays for issuance of a Rule Nisi calling upon respondent Na.1 Collector of Customs Customs, House, Chitagong, respondent No.2 Chairman, National Board of Revenue, Segun Bagicha, Ramna, Dhaka and respondent No.3 Ministry of Finance, represented b......mmercial Area,PS Double Moorings, Chittagong prays for issuance of a Rule Nisi calling upon respondent Na.1 Collector of Customs Customs, House, Chitagong, respondent No.2 Chairman, National Board of Revenue, Segun Bagicha, Ramna, Dhaka and respondent No.3 Ministry of Finance, represented by Secreta......al Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Kazi Ebadul Hoque J Trade Channel……………….Petitioner Vs. Collector of Customs, Customs House Chitta­gong and others……..........Respondents Judgment August 6, 1990. Cases Referred To- A. Han..

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

Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)

....in the charge sheet that he as an officer of the Army before he became the President of the country, had earned Tk. 20,51,991/72 paisa, as a President he earned Tk. 5,11,925/48, as share profits from National Tea Company an amount of Tk. 67,602.00 House Rent from Rangpur house from April, 1984 to No......of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ......of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ......ammad Ershad……………. Petitioner Vs. State……………....Opposite Party Judgment January 21, 1992. Cases Referred To- Public Prosecutor, Madras Vs. Chockalingarn Ambalarn and another, 1929 I.C. 274; ldris Howlader and another Vs. State, 38 DLR 233 & 35 DLR 422, AIR 1..

Category: Criminal Law | Date: | Hits: 125

Muhammadullah and others Vs. Makbul Ahmed and State, 1991, 20 CLC (HCD)

....ugned proceeding of the Petition Case No.345 A‑1/89 pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 107. ...... accused No.2, Mrs. Syeda Serajun Nahar, the Managing Director of the Company on receipt of the receipt. The Company showed allotment of 1000 shares in favour of the complainant in the meeting of the Board of the Company held on 31.3.80 and accordingly submitted return to the Registrar of the Compan......ugned proceeding of the Petition Case No.345 A‑1/89 pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 107. ...... is also Reported in: 44 DLR (HCD) (1992) 107. ..

Category: Criminal Law | Date: | Hits: 89

MM Enterprise Limited Vs. General Certificate Officer, Collectorate Building, Comilla, 1992, 21 CLC (HCD)

....ed 11.12.88 are without lawful authority and are of no legal effect. The Rule is therefore made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 407.......ed 11.12.88 are without lawful authority and are of no legal effect. The Rule is therefore made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 407.......r. Abdul Wadud Khandaker the learned Advocate appearing for the petitioner has argued that the Public Demands Recovery Act 1913, was enacted for recovery of dues payable to the Public Exchequer, Land Revenue, Income Tax, Customs Duty, Sales Tax, Excise Duty and other taxes payable to the Public Exch...... MM Enterprise Limited, 224, Bara Maghbazar, Dhaka, represented by its Director, Syed Tazammul Hussain……………Petitioner Vs. General Certificate Officer, Collectorate Building, Comilla and another…………….Respondents Judgment December 2, 1992. Lawyers Involved: Abd..

Category: Civil Law | Date: | Hits: 99

Fazlul Karim Vs. Agrani Bank, 1991, 20 CLC (HCD)

....tions, inter alia, that the appellant joined the then Habib Bank Limited as an Officer on 21.5.68 and he was absorbed in the Agrani Bank after liberation of Bangladesh when the Habib Bank Limited was Nationalised under Bangladesh Bank (Nationalisation) Order 1972 (PO 26 of 1972) and ultimately he wa......ivil Appellate Jurisdiction) Present: Mohammad Ismailuddin Sarker J Mohammad Badruzzaman J Fazlul Karim………………….Appellant Vs. Agrani Bank, represented by the Chairman, Board of Directors, Agrani Bank and ors…………………….Respondents Judgment November ......he Agrani Bank was illegal, void and inoperative and that he remained in service in that post at the date of institution of the suit. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 375. ......Present: Mohammad Ismailuddin Sarker J Mohammad Badruzzaman J Fazlul Karim………………….Appellant Vs. Agrani Bank, represented by the Chairman, Board of Directors, Agrani Bank and ors…………………….Respondents Judgment November 3, 1991. Cases Referred To- ..

Category: Employment/Service Law | Date: | Hits: 71

President, Coronation Hall Committee and Deputy Commissioner, Khulna Vs. Executive Committee, Khulna & others, 2011, 40 CLC (HCD)

....ourt Records along with the copies of the judgment to the court below. Communicate the order at once. MA Hye J.-I agree This Case is also Reported in: 63 DLR (2011) 666. ......aside. Moreover, such findings are also repugnant to the law declared in 4 BLT (AD) 150, discussed below. 24. We have also taken for consideration the receipts/bills paid to the Power Development Board of Bangladesh, which have been marked as Exhibit-12 series. These exhibits show that the plain......ourt Records along with the copies of the judgment to the court below. Communicate the order at once. MA Hye J.-I agree This Case is also Reported in: 63 DLR (2011) 666. ......3 DLR (2011) 666. ..

Category: Property Law | Date: | Hits: 89

Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)

....er as to cost. The contemnor-respondent Nos.1 to 4 are exonerated from the charge brought against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ......er as to cost. The contemnor-respondent Nos.1 to 4 are exonerated from the charge brought against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ......er as to cost. The contemnor-respondent Nos.1 to 4 are exonerated from the charge brought against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ...... Jurisdiction) Present: Md. Ashfaqul Islam J M. Moazzam Husain J Md. Abdul Halim ………………………………………………………Petitioner Vs. Dr. Mohammad Tareque and others……………………….Respondents Judgment August 3, 2011. Result: The R..

Category: Employment/Service Law | Date: | Hits: 115

Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)

....on as the case involves a substantial question of law as to the interpretation of the Constitution. The certificate as prayed for is granted. Ed. This Case is also Reported in: 63 DLR (2011) 626........ 62. In Section 2 of the Act No.13 of 2003 energy has been defined as electricity, gas and petro­leum product. As per that section (section 2). Government Authority means the Power Develop­ment Board established by the Presidential Order, the Rural Electrification Board established under the R......wances etc. of Members and employees shall be paid and all other expenditures of the Commission shall be borne out of this Fund. (4) After meeting all expenses any remain­ing unspent money of the Revenue budget shall be deposited to the Consolidated Fund." 64. Section 20(3) of the Act No.13 o......t Division (Special Original Jurisdiction) Present: Moyeenul Islam Chowdhury J Naima Haider J Law Dev (Bangladesh)......................................Petitioner Vs. Bangladesh and another... ................................Respondents Judgment February 24, 2011. Case..

Category: Employment/Service Law | Date: | Hits: 92

Shahabuddin (Md) Vs. Secretary, Ministry of Youth and Sports and others, 1991, 20 CLC (HCD)

....sted in sports who voluntarily agreed to be an Arbitrator. 5. It may be stated here for removal of confusion that short title of the Bangladesh Sports Council Act, 1974 was subsequently changed to National Sports Control Board Act and thereafter in 1991 by an appropriate amendment the original sh......tarily agreed to be an Arbitrator. 5. It may be stated here for removal of confusion that short title of the Bangladesh Sports Council Act, 1974 was subsequently changed to National Sports Control Board Act and thereafter in 1991 by an appropriate amendment the original short tide of this Act i.e......tition before this Court under Article 102(2)(a)(ii) of the Constitution, therefore, is not maintainable on the grounds stated above. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 360. ......al Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Mainur Reza Chowdhury J Shahabuddin (Md)......................Petitioner Vs. Secretary, Ministry of Youth and Sports and others.....................Respondents Judgment May 2, 1991. Lawyers Involve..

Category: Constitutional Law | Date: | Hits: 165

New Eastern Trading Corporation Limited Vs. Chairman, Third Labour Court, Dhaka and another, 1991, 20 CLC (HCD)

....made without any lawful authority and to be of no legal effect. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 357.......haka and another, 33 DLR (AD) 58; Administrator, Omar Sons Ltd. Vs. The Chairman, First Labour Court, Dhaka and another, 28 DLR 178; Deputy Managing Director Vs. K. Fazlul Karim, 28 DLR 445; Managing Board, AR Howlader Jule Mills Limited, 28 DLR 368; MA Hamid, 29 DLR 296; A Karim Khan, 31 DLR 269. ......made without any lawful authority and to be of no legal effect. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 357....... Present: Fazle Hussain Mohammad Habibur Rahman J Mainur Reza Chowdhury J New Eastern Trading Corporation Limited……………….Petitioner Vs. Chairman, Third Labour Court, Dhaka and another………………..Respondents Judgment July 1, 1991. Cases Referred To- Jam..

Category: Labour and Industrial Law | Date: | Hits: 124

Abdul Gani Khan Vs. Shamser Ali and others, 1991, 20 CLC (HCD)

....ch the impugned judgment does not call for any interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 349. ......ch the impugned judgment does not call for any interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 349. ......ellant was made party in that mutation proceeding and having been defeated, they preferred appeal but without any success and thereafter they preferred revision and it was rejected vide Ext.D. So the Revenue authority also found defendants respondents to be in possession of the suit land and the fin......HCD) (1993) 349. ..

Category: Procedural Law | Date: | Hits: 105

AR Bhuiyan and Company Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)

....xes under Income‑Tax Act. For the aforesaid discussion, we answer the question No.1 in the affirmative and against the assessee. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 347. ......xes under Income‑Tax Act. For the aforesaid discussion, we answer the question No.1 in the affirmative and against the assessee. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 347. ......sessment order relating to assessment of income from house property on the ground that allowances given by the assessee officer of Tk. 1,37,500.00 was erroneous and prejudicial to the interest of the Revenue. The Inspecting Joint Commissioner on consideration of the statement submitted before him an......is also Reported in: 45 DLR (HCD) (1993) 347. ..

Category: Fiscal/Taxation Law | Date: | Hits: 90

Shaikh Sharnsuddin Ahmed Vs. Nazmul Huda and others, 1993, 22 CLC (HCD)

....1.85 in accordance with law, in the light of the observations made above and in compliance with the direction of the appellate Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369. ......1.85 in accordance with law, in the light of the observations made above and in compliance with the direction of the appellate Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369. ......party No.2 "deceased Sree Jagannath Bondopadhya, son.") instituted the above mentioned suit against the present petitioner Sk. Shamsuddin Ahmed, the Government and the Additional Deputy Commissioner (Revenue), Khulna as principal defendants and some other proforma defendants for declaration in respe......1993) 369. ..

Category: Procedural Law | Date: | Hits: 77

Abdul Khaleque (Md) Vs. Deputy Commissioner, Dhaka, 1992, 21 CLC (HCD)

....e without lawful authority and of no legal effect. Considering the facts and circumstances of the case no order is made as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369.......ned in Memo No.Shiksha/III/90/551 dated 28.8.90 Mr. Shah Habibur Rahman, the learned Advocate for the petitioner, has drawn our attention to the Recognised Non‑Government Secondary School Teachers (Board of Intermediate and Secondary Education, Dhaka) Terms and Conditions of Service Regulations, 1......e without lawful authority and of no legal effect. Considering the facts and circumstances of the case no order is made as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369.......n) Present: Naimuddin Ahmed J Mohammad Ghulam Rabbani J Abdul Khaleque (Md)………………….Petitioner Vs. Deputy Commissioner, Dhaka, Collectorate Building, PS Kotwali, Dhaka and others………………….Opposite Parties Judgment November 1, 1992. Lawyers Involve..

Category: Employment/Service Law | Date: | Hits: 59

Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)

.... Title Suit No.3 of 1976, is hereby set aside and the judgment and decree of the learned Subordinate Judge are affirmed and maintained. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 69....... Title Suit No.3 of 1976, is hereby set aside and the judgment and decree of the learned Subordinate Judge are affirmed and maintained. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 69.......te Acquisition and Tenancy Act, 1950 by ADC (Rev) Sylhet; Exhibit 'H' papers surrendering excess khas land of Baraura Tea Company Ltd. to the Government signed by Manager of the Company and the CO Revenue, Bahubai dated 24.4.65 and Exhibit 'K', the compensation assessment rolls by the Government ......DLR (HCD) (1992) 69...

Category: Property Law | Date: | Hits: 96

Dr. Syed Mahbubur Rahman Vs. Bangladesh University of Engineering and Techno­logy, 1991, 20 CLC (HCD)

.... Shiv Narayan Vs. Vice‑Chancellor, University of Sagar and another, AIR 1960 Madhya Pradesh 208; AIR 1954 (SC) 217; Pakistan Vs. Himayat Ullah Farukhi, PLD 1969 (SC) 407; Abdul Hashim Vs. Chairman, National Board of Revenue, 32 DLR 55; Government of East Pakistan Vs. Md. Hossain Ali, 8 PLR 1958 (D......ayan Vs. Vice‑Chancellor, University of Sagar and another, AIR 1960 Madhya Pradesh 208; AIR 1954 (SC) 217; Pakistan Vs. Himayat Ullah Farukhi, PLD 1969 (SC) 407; Abdul Hashim Vs. Chairman, National Board of Revenue, 32 DLR 55; Government of East Pakistan Vs. Md. Hossain Ali, 8 PLR 1958 (Dacca) 820......Vice‑Chancellor, University of Sagar and another, AIR 1960 Madhya Pradesh 208; AIR 1954 (SC) 217; Pakistan Vs. Himayat Ullah Farukhi, PLD 1969 (SC) 407; Abdul Hashim Vs. Chairman, National Board of Revenue, 32 DLR 55; Government of East Pakistan Vs. Md. Hossain Ali, 8 PLR 1958 (Dacca) 820; Ompraka......Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J KM Hasan J Dr. Syed Mahbubur Rahman......................Petitioner Vs. Bangladesh University of Engineering and Techno­logy, represented by its Vice­ Chancellor and another..................Respondents J..

Category: Employment/Service Law | Date: | Hits: 155

Government of Bangla­desh and others Vs. Excellent Corporation, 2010, 39 CLC (AD)

.... without any order as to cost. The Judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ......oration…………………………............Respondent Judgment July 15, 2010. Cases Referred To- Sassoon & Co. Vs. CIT Bombay City, AIR 1954 SC 470; Bangladesh Power Development Board Vs. Muhammad Asaduzzaman Sikder, 9 BLC (AD) 1. Lawyers Involved: Murad Reza, Additional ...... without any order as to cost. The Judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ...... Appellate Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Government of Bangla­desh and others..........Appellants Vs. Excellent Corporation…………………………..........

Category: Business or Commercial Law | Date: | Hits: 267

Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)

....f the property of the petitioner No.1 on 22.1.85 the Pubali Bank agreed to release the property in exchange of furnishing bank guarantee of Tk.25 lacs. The respondent No.1 furnished bank guarantee of National Bank Ltd. dated 2.3.85 for Tk. 25 lacs to Pubali Bank and requested for release of the said......e company, each share worth Tk. 100.00. Similarly, the respondent No.1 and his nominee also held 23,760 shares in the said company. The petitioner No.1 (Mohiuddin Ahmed) was the first Chairman of the Board of Directors of the company, and its subsidiary company was called M/s. Monospool Paper Produc......oners in place of the name of respondent No.1 in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ......y. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ..

Category: Company Law | Date: | Hits: 159