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Ziauddin Ahmed Vs. Bangladesh,1994, 23 CLC (HCD)
....Ministry of Home Affairs, Bangladesh Sachibalaya, Dhaka and Others………………………………………………….Respondents Judgment April 17, 1994. Result: The Rule is made absolute. Cases Referred to- Syed Mokbul Hossain Vs. Government of Bangladesh, 44 DLR 39; Begum .......92 issued by the respondent No. 1 under the signature of respondent No. 3 to be without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 29.......the present petitioner presided over a meeting of the Board of Directors, Bangladesh Biman on 16.3.89 and 6.7.89 when the decision regarding purchase of three ATP Aircrafts were approved which caused loss to the State. 3. The petitioner preferred miscellaneous case Nos. 578 and 579 of 1991 before..Category: Constitutional Law | Date: | Hits: 238
Abdul Motaleb Shaque and others Vs. State, 1994, 23 CLC (HCD)
....owing 15.5.89 at about 11.00 PM the informant's maternal uncle Motaleb Shikari was shot in the thigh through the open window. Rabeya Begum, the wife of Motafeb Shikari recognised all the 4 accused persons including the petitioner. The victim was, taken to Khulna Sadar Hospital where he succumbed to ....... The victim was, taken to Khulna Sadar Hospital where he succumbed to his injury. It is further stated that the deceased uncle of the informant had a dispute with the petitioner No. 1 over a fishery called "Gazer Gher" which led to the occurrence. On completion of investigation, charge-Âsheet w......is nothing to interfere with the impugned order. The Rule is discharged. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 24...Category: Procedural Law | Date: | Hits: 80
Captain Md. Mobarak Hossain, Master, ATM Dolores Vs. MT Dolores and others, 1994, 23 CLC (HCD)
....s contention that he was appointed as master of the vessel on 28.3.94. The owners of the vessel informed the shipping master on 30.3.94 that the plaintiff petitioner had failed to join the vessel and so they had arranged to sign on one Captain Shah Alam in the ship's article. He further informed the......e plaintiffs aforesaid claim. In the circumstances, the application for attachment/arrest of the defendant No. 1 vessel is rejected. Ed. This case is also Reported in: 47 DLR (HD) (1995) 80. ......itted that the principal defendant opposite parties have no other moveable and immoveable properties in Bangladesh. He submits that if the vessel is not arrested the plaintiff will suffer irreparable loss and injury inasmuch as there will be no other way to satisfy the decree that may be passed in c..Category: Civil Law | Date: | Hits: 99
Lt. Cdr (Retd) AHM Mahmud Vs. Masud Ahmed, 2010, 39 CLC (HCD)
..............................Petitioner Vs. Masud Ahmed……………………………………………….Contemnor-Respondents Judgment August 10, 2010. Result: The Rule is made absolute in part. Cases Referred to- Mirza Shamsuddin Beg Vs. Bangladesh, 41 DLR 356; Rangpur Pa......in the year, 1988 was deducted from the payment due to the petitioners. The petitioner also points out that it is apparent from the opinion of the learned panel lawyer of the Trust that it was the so-called absence from work for a period of over 16 years and the accrued salary and other benefits, wh......took steps for instigating the proceeding against the petitioner for the purchase of some wrapping machineries in the financial year 1987-1988, and in fact succeeded in getting an order to deduct the loss incurred by the Trust in purchasÂing the machinery amounting to Tk. 3, 09,703.46 from the moni..Category: Employment/Service Law | Date: | Hits: 156
Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....Rahman (Md.)...............Petitioner Vs. Bangladesh and others…………………Respondents Judgment February 4, 2010. Result: Rule is made absolute. Cases Referred to- Secretary, Ministry of Finance Vs. Masdar Hossain, 52 ......tal Principles of State Policy, (iv) Fundamental Rights and (v) the other provisions of the Constitution." 56. The Constitution, historically and in real terms, is a manifestation of what is called "the People's Power". The people of Bangladesh are, wherefore, central, as opposed to ornamen...... Judges have been placed at serial No.24 in the Table of the Warrant of Precedence which is derogatory to their dignity and status and this will have negative impact on the public psyche resulting in loss of respect of the people for them. 24. Mr. Asaduzzaman, another learned Counsel app..Category: Constitutional Law | Date: | Hits: 270
Bazlur Rahman (Md.) Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (HCD)
............Petitioners Vs. Government of the People's Republic of Bangladesh..........Respondents Judgment July 15, 2009. Result: The Rule is made absolute. Privilege once given cannot be taken away without due process of law and if there ......onorarium benefit and since then, they had been receiving the honorarium till stoppage of the same during 2003 by the BNP-Jamaat alliance Government and the respondents most illegally reopened the so-called medical proceeding with a view to deprive the petitioners from the benefit though legally gra......from the date of receipt of the Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ..Category: Others | Date: | Hits: 149
American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)
....his apÂpeal by my learned brother KM Subhan J. to which I concur. Rahul Islam J.- I had the opportunity of going through a copy of the judgment proposÂed to be delivered in this appeal involving some difficult questions of interpretation of certain statutory provisions. Finding myself unable to....... Charging section 39 of the Ordinance runs as follows: “No assessment of a tax rate, toll or fee under this Ordinance, or Valuation therefore, or the liability of a person to be so taxed, shall be called in question except by a petition presented to such authority, in such manner and within such ......s to costs. Order of the Court. In accordance with the view of the maÂjority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276...Category: Fiscal/Taxation Law | Date: | Hits: 156
Bangladesh Steamer Agent's Association Vs. Bangladesh & others, 1979, 8 CLC (AD)
.... DLR (AD) (1979) 272.......ns interested in trade and was registered as an Association under Section 26 of the Companies Act read with Section 3 of the Trade Organisation Ordinance, 1961 (Ordinance No. XLV of 1961) hereinafter called the Ordinance as a non-profit making concern having the main object of doing the business of ......udgment of the High Court Division is set aside and the impugned order is set aside as having been passed without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 272...Category: Business or Commercial Law | Date: | Hits: 208
....d were trying to grab the waqf property. One inspector of C.I.D. of Bangladesh inquired into allegations made in that F.I.R. and finding prima facie case submitted charge sheet against the accused persons under sections 419, 420, 467, 468, 471, 406, 408, 409, 447 and 448 of the Penal Code. The case ......
"For that the case of the prosecution is not a personal case of the informant. It is a case of the institution named Dayemi Complex Bangladesh as such the informÂant is not entitled to do the so-called comÂpromise with the accused persons without the consent of the institution. But the Chief M......to Lalbagh Police Station Case No.48(10) dated 30.10.1999 shall be set aside."
Preparation of paper book is disÂpensed with as prayed for.
Ed.
This Case is also Reported in: 9 ADC (2012) 265...
Category: Procedural Law | Date: | Hits: 163
Bangladesh Biman CorpoÂration Vs. Chowdhury Mohammad Yusuf and another, 1979, 8 CLC (AD)
....as Senior Administrative Officer at Karachi just before the war of Liberation. He escaped from Pakistan in July, 1972 and reported for duty to Bangladesh Biman and by an order dated 12.10.73 he was absorbed in his service with retrospective effect in Grade No.VII allowing him to continue his service......needs of the People of BanglaÂdesh". Article 2 provided that the PIA CorÂporation "shall within the territory of BanglaÂdesh be deemed to have been reconstituted into an independent Airlines to be called the Air Bangladesh International (hereinafter referred to as the Airlines)". Article 4 proÂv......ority. Since we have found that termination orders were passed without lawful authority, both the appeals are dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 305. ..Category: Employment/Service Law | Date: | Hits: 123
Kartick Chandra Mandal & others Vs. State, 2010, 39 CLC (HCD)
....er of Mrinal Bahini and he got himself elected as Union Parishad Chairman by adopting forceful means; that the people of the locality were afraid of him and nobody dared to speak against him and that some days before also he along with his gang, created reign of terror at Magurkhali Bazar which was ......,000/- as chanda by making threat upon life of the informant, that the informant requested him to spare the informant, but all went in vein. Subsequently, on 19.04.2004 at about 5.35 p.m. the accused called the informant in front of the Shahid Minar of K.S. High School and then the informant himself......e bail in terms of their respective bail granting order. The Adalat is directed to proceed as per law. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ..Category: Criminal Law | Date: | Hits: 143
A.K. Azad Vs. Fakruddin and another, 2009, 38 CLC (HCD)
....manent injunction against the defendant restraining him not to transfer the suit property to anybody except the plaintiff and thereby issue a direction to the defendant to execute the Deed of Sale as soon as the possession is obtained from the government. 3. The plaintiff's case in short was that......t to execute the Deed of Sale as soon as the possession is obtained from the government. 3. The plaintiff's case in short was that the property described in the schedule to the plaint, hereinafter called the suit property, was originally allotted to Mr. Saifuddin by the then Dhaka Improvement Tr...... is discharged without any order as to costs. The order of injunction granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135...Category: Property Law | Date: | Hits: 85
....year in her favour. But during the S.A operation she could not get the suit land recorded in her name which has been erroneously recorded in the name of the Government (defendant No.1). It has been also alleged that she filed a Miscellaneous Case under section 50 of the State Acquisition and Tenancy......ner and thereby advance any arguments.
9. On the other hand, Dr. Md. Bashir Ullah, the learned Assistant Attorney General appearing on behalf of the Government strenuously argued that since the so-called Amalnama and Dakhilas are forged, fabricated and tainted with fraud and since the plaintiff-p......itle Suit No.48 of 1986 are hereby affirmed.
Let a copy of this Judgment along with L.C.R. be sent to the concerned Court at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 130.
..
Category: Property Law | Date: | Hits: 82
Raju Bala Kuri and others Vs. Narayan Chandra Kuri, 2009, 38 CLC (HCD)
....n No.69 of Plot 99 an area of 18 decimals of land was owned by Mohesh Chandra Kuri by way of purchase and he constructed homestead on Plot No.101 and used to reside therein Mohesh Chandra Kuri had no son. He left behind wife, Onnada Sundari and two daughters Plaintiff No.1 and 2, Plaintiff No.3, gra...... a salish was held on 25.06.1994. In that Salish defendant produced the said Dan Patra deed in the name of his father and the plaintiffs for the first time, in this way, came to know regarding the so-called Dan Patra deed and managed to get its certified copy on 13.07.1994 and became sure about it w......osts and the order of stay granted 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: 16 MLR (HCD) (2011) 126. ..Category: Civil Law | Date: | Hits: 103
....ion of the High Court Division does not disclose any evidence of forgery; rather there is an admission that the lease of the petitioner was concluded for the years 1416 to 1420 BS by a responsible person in the office of the Deputy Commissioner and as such the claim that the lease was only for 1416 ...... of possession. The petitioner having successfully completed his lease period applied on 19.06.2006 for granting a lease for a further period of 5 years withÂin the development scheme. The authority called for a report on his application and after inquiry the Upozila Jalmahal Bachai Committee recom......d of the High Court Division, be communicatÂed to the Chief Judicial Magistrate, Sunamganj for taking action as per direcÂtion made above.
Ed.
This Case is also Reported in: 9 ADC (2012) 390.
..
Category: Property Law | Date: | Hits: 90
Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)
........Defendant-petitioner Vs. Mr. Md. Salauddin and others ..................................Plaintiff-opposite parties Judgment July 8, 2010. Result: The Rule is hereby made absolute. Cases Referred to- BSRS Vs. Rahman Textile Mills Ltd., 51 DLR (AD) 221; Manir Ahmed Kh......99 (preliminary decree signed on 31.10.1999 and final decree drawn up on 5.9.2000) passed in Title Suit No.54 of 1998 by the Additional Artha Rin Adalat No.1, Dhaka against the plaintiff (hereinafter called as "the opposite party No.1") is illegal, irregular, collusive and not binding upon him and a......to know of the decree 10 months after it was passed when all other remedies under the Artha Rin Adalat Ain stood barred. In the circumstances if the execution is not stayed he will suffer irreparable loss and injury. The leave petition was, however, dismissed but with the following observations- ..Category: Civil Law | Date: | Hits: 141
Shahidul Alam VS. Government of Bangladesh and others, 1994, 23 CLC (HCD)
....gladesh, represented by the Secretary, Ministry of Home Affairs, Secretariat, Dhaka and others………………………Respondents Judgment November 30, 1994. Result: The Rule is made absolute. Lawyers Involved: Rokonuddin Mahmud, Advocate ‑ For the Petitioner. M Shamsul Ala...... detention and his petition and thereafter he submits that the grounds of detention as in Annexure‑'E' served on the detenue are all false, baseless, vague and uncertain and indefinite, that the so called grounds are merely conclusion of the detaining authorities expressed as grounds in order to a......ey General prays for stay operation of the above order so as to enable them to move before the Appellate Division. The prayer is refused. Ed. This case is also Reported in: 47 DLR (AD) (1995) 15...Category: Criminal Law | Date: | Hits: 200
Syed Monirul Huda Chowdhury Vs. Fouzia Chowdhury and others, 1994, 23 CLC (HCD)
....r cropping up of a new cause of action. He further submits that since the trial Court permitted to file additional written statement if any, the defendants have not been prejudiced. 4. Mr. Islam also relied on the decision of 36 DLR (AD) 253. In that case originally suit was filed for declaration......‘ For the Opposite Parties. Civil Revision No. 2834 of 1993. Judgment Abu Sayeed Ahammed J. -The defendants are revisionist. Fray is among the collateral relations of the same family. We are called upon to consider whether in a suit for ejectment of licencees, a prayer for declaration of pl......cepted. The revision is thus devoid of any merit. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 47 DLR (AD) (1995) 10...Category: Property Law | Date: | Hits: 151
....rivate limited company and now is a nationalised unit of Bangladesh Sugar and Food Industries Corporation. It carries on business in both imported and locally purchased goods, commission agents and also cams income from house property and other sources. It submitted on 27.12.76 a return of income fo......ioner of Taxes.
Send a copy with the seal of the Court to the Appellate Tribunal, Chittagong.
There will be no order as to costs.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 6.
......r the assessment year 1976‑77 on the basis of unaudited statement of accounts showing net profit at Taka 2,71,216.00 and subsequently on 8.5.78 it submitted a revised and final return showing a net loss at Taka 6,27,381.00 on the basis of audited statement of account.
4. On receipt of the revis..
Category: Fiscal/Taxation Law | Date: | Hits: 188
American Bureau of Shipping Vs. Commissioner of Taxes (South) Zone, Chittagong, 1994, 23 CLC (HCD)
....ess in Bangladesh allegedly by artificially linking the expenses with the income earned by the assessee throughout the world, and this was confirmed by the Assistant Joint Commissioner of Taxes and also by the Taxes Appellate Tribunal by its judgment and order in Income Tax Appeal No. 3235 of 1988â€......l dispose of these three Reference applications namely, Application Nos. 80, 81 and 82 of 1992. There shall be no order as to costs. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 1. ......der section 2(5A) of the Income Tax Act, 1922. 8. For the assessment years 1985‑86, 1986‑87 and 1987‑88 the Deputy Commissioner of Taxes disallowed the following expenses from the profit and loss account of the assessee because the said expenses was incurred outside Bangladesh and were not ..Category: Fiscal/Taxation Law | Date: | Hits: 159
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