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Md. Arfan Khan Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....a representation to the Ministry on 7.9.2011 praying for two weeks time to file the original documents. In the said representation the writ petitioner did not deny the statements of the notice or any part thereof and took defense that one Salam Master had obtained the letter of demand for overseas e......erit in the Rule. Accordingly the Rule is discharged. Stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ......erit in the Rule. Accordingly the Rule is discharged. Stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: | Hits: 407

Hajee Helal Uddin Ahmed Vs. National Sports Council and others, 2012, 41 CLC (HCD)

....visional Sports Association. There was nothing wrong in such nomination. 6. Added respondent 5, one of the seven members nominated by the National Sports Council, contends in his affidavit that he participated in National Youth Cricket Tournament and National Cricket Tournament. He is the Publici......Accordingly, the Rule is discharged without any order as to cost. The interim order of stay passed earlier is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ......Accordingly, the Rule is discharged without any order as to cost. The interim order of stay passed earlier is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ..

Category: Others | Date: | Hits: 94

Bahar Uddin Ahmed and others Vs. Secretary, Ministry of Liberation War Affairs and others, 2012, 41 CLC (HCD)

....avour. 4. It is contended in the writ petition that late Tajul Islam fought the war of liberation in 1971. After completion of successful training at Chottakhola Training Camp in India, he started participating in different battles under the command of Martyr Captain Shamsul Huda. At one stage du...... Regulations, 1984 (hereinafter called the Regulations, 1984) in exercise of power under article 17 of P. O. 94 of 1972 to regulate and control its affairs that includes enlistment of their names and payment of state honorarium in their favour. 4. It is contended in the writ petition that late Ta......ter will be dealt strictly. Petitioner 4 Taj Nehar Begum will furnish her account number to the Trust within a month. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ..

Category: Others | Date: | Hits: 103

Md. Shawkat Ali Vs. Director General and others, 2010, 39 CLC (HCD)

....ame is passed arbitrarily and in unlawful manner. Accordingly we find substance in the Rule. In the result, the Rule is made absolute. 10. The respondents are directed to release the Government partition of the salaries of the petitioner and pay all back salaries from the month of May, 2005 as......€¦â€¦â€¦Respondents Judgment May 3, 2010. Result: The Rule is made absolute. The right to office one holds and right to draw salaries is vested right. The decision of withholding the payment of Government portion of salary falls on the petitioner by way of punishment and punishment ......salaries from the month of May, 2005 as shown in the Monthly pay Order of May, 2005 and onward. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 303. ..

Category: Employment/Service Law | Date: | Hits: 119

Shamsul Alam Pathan Vs. State and M/S. Rahimafrooz Distribution Ltd., 2010, 39 CLC (HCD)

....ate- For the Petitioner. Md. Asaduzzaman Asad, Assistant Attorney-General - For the State. Criminal Miscellaneous Case No.15425 of 2010. Judgment Let the supplementary affidavit be formed part of the main application. 2. This is an application for anticipatory bail filed by the accuse......f so advised, the petitioner may surrender before the Court below. 5. With the above observations this application is disposed of. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 583. ......f so advised, the petitioner may surrender before the Court below. 5. With the above observations this application is disposed of. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 583. ..

Category: Criminal Law | Date: | Hits: 101

Md. Rakibul Islam and others Vs. Anwar Hossain and another, 2009, 38 CLC (HCD)

....pposite Parties Judgment October 12, 2009. Result: The rule is discharged. Lawyers Involved: A.Q.M. Fazlul Haque - For the petitioners. M. Hashmatullah Sheikh - For the opposite parties. Civil Revision No.22 of 1999. Judgment Faruque Ahmed J.- This rule at the instance......lowing the appeal dismissing the suit. The learned Advocate further submitted that though the plaintiff examined 6 P.Ws. including the plaintiff in support of his agreement for sale of the suit land, payment of consideration and taking of delivery of possession in the suit land, the learned trial Co......as been discharged so the connecting rule in C. Rule No.551(R) of 1999 is also discharged. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 395. ..

Category: Property Law | Date: | Hits: 103

Mostafizur Rahman (Md.) Vs. State, 1993, 22 CLC (HCD)

....and to pay a fine Taka 2,000.00 in default to suffer SI for 3 (three) months more. 2. The prosecution case, in short, is that one Md. Ismail Mandal (since dead) Deputy Director of Social Welfare Department, Rangpur filed a petition to the Inspector DAB, Rangpur alleging, inter alia, that a bill f......ence that my be passed against him. Let the records of the case be sent down expeditiously with a copy of this Judgment and order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 422. ......ence that my be passed against him. Let the records of the case be sent down expeditiously with a copy of this Judgment and order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 422. ..

Category: Criminal Law | Date: | Hits: 110

Doon Valley Rice Limited Vs. MV Yue Yang and others, 1996, 25 CLC (HCD)

....yndicate Limited, a private company incorporated in Bangladesh and having its office at Motijheel Commercial Area, Dhaka. 5. The defendant No.1 MV Yue Yang, is carrying Chinese flag. The owner and parties interested in the said vessel have been impleaded as defendant No.2. The defendant No.3 is t...... plaintiff. 9. The plaintiff in terms of the said L/C presented the shipping documents including the till of Lading through its Bank in India to the L/C, opening Bank at Hong Kong for negotiation/ payment. 10. But the said shipping of document were not retired by the defendant No.5 on the grou...... well as the application for the return of the plaint are rejected. And the suit is held to be maintainable in Admiralty Jurisdiction. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 531. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 258

Shahinur Begum Vs. Md. Minarul Islam Mondol @ Miton, 1997, 26 CLC (HCD)

....€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Opposite Party Judgment June 9, 1997. Result: The Rule is made absolute. Enhancement or reduction of dower Dower fixed on the basis of Kabinnama between the parties cannot either be enhanced or reduced and oral evidence cannot be accepted to reduce the amou......the amount of her dower money in any manner. 9. Appellate Court giving undue importance to the salish and its alleged decision, has decided the appeal finding that since there was an agreement for payment of Taka 16,000.00 to the plaintiff the appellant cannot claim any further amount. Appellate ......reed. The order of stay granted earlier is hereby vacated. No order as to costs. Send down the records of the Courts below at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 567. ..

Category: Family Law | Date: | Hits: 122

Md. Arman Hossain (Chairman) Vs. State, 2010, 39 CLC (HCD)

....¦..(13) Lawyers Involved: Zaman Akter, Advocate - For the petitioner. Mosharaf Hossain Sarder, Deputy Attorney-General with Yesmin Begum Bithi, Assistant Attorney-General - For the opposite party. Criminal Miscellaneous Case No.13056 of 2008. Judgment Md. Rezaul Hasan J.- This rul......ed No.2 and thereafter the goods were shifted to the godown of accused No.3 and some of the goods were sold by the accuseds at various places. The complainant requested the accuseds several times for payment of the outstanding dues. The also met the accuseds No.1 and 2 at their address when the accu...... order of stay granted at the time of the issuance of the rule shall stand vacated. Communicate the order to the court concerned. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 495. ..

Category: Criminal Law | Date: | Hits: 116

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

....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 lodg­ment of such complaint should be preceded by an opportunity given to the accused person t......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. ......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)

....ed Artha Rin Adalat No.1, Dhaka, for recovery of money inclusive interest amounting to Tk. 14,05,888/- and the said suit was registered as Artha Rin Suit No.423 of 2004. 3. The suit was decreed ex-parte in the year 2004 followed by Artha Execution Case No.87 of 2005. In the Execution Case propert......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. ...... background leading to the Rule, in short, is that the husband of the petitioner approached the respondent Bank for House Building Loan and on 24-12-1990 Tk.75,000 sanctioned for staff house building loan and on 28-10-1993 Tk.20,000 for motorcycle loan. The petitioner is the guarantor of the loan. P..

Category: Civil Law | Date: | Hits: 134

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

....rine fisheries in Bangladesh. Written permission of respondent No. 1 for transfer of licence is required under section 11 of the Ordinance. 3. The Deputy Director of the Marine Fisheries Office, Department of Fisheries, Agrabad, Chittagong has also been vested with the power to exercise the power......(in short, the Ordinance) the endorsement was made upon the respective licence. MM Khan & Co (Pvt) Ltd run and maintain the two vessels for fishing under the respective licences on regular yearly payment of fees and the licences are still valid. In January, 2009, the MM Khan & Co (Pvt) Ltd t......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)

....business income of the relevant assessment year was a loss and, as such, it was not entitled to any entertainment allow­ance and so, question No.II may be answered in the positive in favour of the department. 11. Regarding question No.III, Mr. Sarder Jinnat Ali submits that the assessee was enti......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. ......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. ..

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

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

....f Uddin Chaklader J Md. Emdadul Huq J Neo Mendes and others..................................Accused petitioners Vs. The State.....................................................Opposite party Judgment June 7, 2007. Result: The rule in Criminal Miscellaneous Case No.8763 of ...... 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 complainant. It has been alleged that accused persons took away all the gar......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)

....ment has decided to acquire his property and intends to take possession thereof and asked the petitioner to appear on 16-10-1997 to state the nature of his interest in the property and the amount and particulars of his claims to compensation of such interest. The petitioner duly appeared before resp......Sub­sequently, the respondent No.2 vide his office process No.831 dated 15-5-2000 (Annexure-C) in LA Case No.22 of 1996-97 served a notice upon the petitioner under section 7(3) of the Ordinance for payment to him compensation for Taka 9,14,767.11 only by 21-5-2000, consi­dering him as owner to th......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

Abul Hasnat Bepari Vs. Md. Hasan Ali, 1987, 16 CLC (HCD)

....1A of the Code of Criminal Procedure for quashing the procee­dings in C.R. Case No.121 of 1985 now pending in the Court of Upazila Magistrates, Taherpur in the District of Sunamgonj. 2. Opposite party No.1 Md. Hasan Ali, clai­ming himself as Chairman of Mamudpur Fishermen’s Co-operative Soci......was paid to the owners of the other fisheries, the accused petitioner did not pay any amount to the complainant opposite party. It is alleged that the accused petitioner took time again and again for payment of the dues of the compla­inant but at last refused to pay him any amo­unt. It is alleged ......ings in C.R. Case No.121 of 1985 now pending in the Court of Upazila Magistrate, Taherpur is quashed. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 375. ..

Category: Civil Law | Date: | Hits: 144

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

....Md. Arayes Uddin J.-This Misc. Appeal has been preferred against the judgment and order dated 29.11.1999 passed by the learned District Judge, Dhaka in Misc. Case No.393 of 1999 decreeing the suit ex parte for realization of Tk. 13,01,85,650/= from the appellant. The appellant preferred this misc. a......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. ......een alleged that the misc. case ought to have been dismissed summarily as the petitioner has no cause of action. That the opposite party No.1 is a company and the respondent bank sanctioned long term loan of Tk. 36.400 million and Tk. 2.30 million respectively for setting up a Biomedical Concerned t..

Category: Civil Law | Date: | Hits: 127

Rashida Mahabub Vs. IFIC Bank & others, 2007, 36 CLC (HCD)

....€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Petitioner Vs. IFIC Bank & others……………………………Respondents Judgment September 16, 2007. Result: The Rule is made absolute in part. Cases Referred to- Abbasuddin Chowdhury Vs. Chandra Mohan Chowdhury, 18 DLR 535; Sahara ......s wealth in favour of his wife and children and the petitioner is only the custodian of the flats on behalf of her husband i.e. the Bank also alleged fraud against the Judgment-debtor to avoid loan repayment. 38. So, we find that both parties alleged fraud against each other. Whether there was an......spondent No.1 had instituted Title Suit No.130 of 1998 (the suit, in short) against Messrs Progressive Plastic Industries Ltd. (shortly, the Company) and its Chairman and directors for realisation of loan of Taka 16,60,130.65 as on 30-9-1998 and also for personal decree before the Artha Rin Adalat N..

Category: Civil Law | Date: | Hits: 136

Haji Mohammad Salim Ullah Vs. State and another, 2009, 38 CLC (HCD)

....egotiable Instrument Act, now pending in the Court of Additional Metropolitan Sessions Judge, First court, Chittagong. 2. Events leading to the issuance of the Rule, in short, is that the opposite party No.2 Mr. Arshadul Shafi filed a C.R. Case against accused petitioner Haji Mohammad Salim Ullah......rty No.2 the deposed cheque on 08.08.2007 for encashment but the cheque was dishonoured as the fund was insufficient. Then he served a legal notice on 03.09.2007 through his lawyer requesting for the payment of the money and accused petitioner after receiving the notice did not pay any money. Moreov......nal Procedure. The Rule thus fails. In the result, the rule is discharged. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 416. ..

Category: Criminal Law | Date: | Hits: 107