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Afruj Miah Vs. Jira Miah and another, 2011, 40 CLC (HCD)
....sult, the Rule is discharged. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Md. Rais Uddin J. - I agree. This case is also Reported in: ......No.1 was in possession of the case land and directed the receiver to deliver possession of the land in his favour. There is nothing illegal to interfere with by this Court in exercise of its inherent power under section 561A of the Code. 8. We have gone through the revisional application, and the...... Md. Rais Uddin J Md. Ruhul Quddus J Afruj Miah………………….......................Petitioner Vs. Jira Miah and another ……………….....Opposite Parties Judgment October 5, 2011. Result: The Rule is discharged. Lawyers Involved: No one –For the petit......sult, the Rule is discharged. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Md. Rais Uddin J. - I agree. This case is also Reported in: ..Category: Property Law | Date: | Hits: 53
Category: Property Law | Date: | Hits: 78
Biman Bangladesh Airlines Limited and others Vs. Md. Moniruzzaman and others, 2011, 40 CLC (AD)
....service benefit from the date of passing the judgment and order by the High Court Division on 18-3-2010 in writ petition No.4480 of 2009. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 56.......d over to the newly created Public Limited Company. Before transformation of Biman as a Public Limited Company, the service of the petitioner was terminated on 4-2-2007 purportedly in exercise of powers vested in it under regulation 52 (1) of Regulations, 1979; hence he filed the writ petition. ......h Airlines Limited and others.........Appellants Vs. Md. Moniruzzaman and others...............Respondents Judgment December 1, 2011. Result: The appeal is allowed. Case Referred to- Aleka Khatun Vs. Government of Bangladesh, 61 DLR 693. Lawyers Involved: Zainul Abedin,......service benefit from the date of passing the judgment and order by the High Court Division on 18-3-2010 in writ petition No.4480 of 2009. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 56...Category: Employment/Service Law | Date: | Hits: 111
Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)
.... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ......he judgment and order passed by the Special/Subordinate Judge before the higher Court and the same is binding upon the revenue authority as well as the original owner and the revenue authority has no power to pass any order for collection of rent from the original owner and that the High Court Divis......ul Huda J Government of Bangladesh and others.........Appellants (In all the appeals) Vs. Abdul Motaleb & others.......................Respondents (In all the appeals) Judgment October 12, 2011. Result: All the 3 (three) appeals are dismissed. Cases Referred to- AK...... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ..Category: Property Law | Date: | Hits: 67
Government of Bangladesh and Others Vs. Md. Mosharraf Hossain, 2011, 40 CLC (AD)
....r pay scale of a promotion post.” The pay scale of a post and selection grade and time scale are not same. There are specific grades of pay scale in the promotion post and according to the existing financial rules and regulations, the pay scale of the promotion post cannot be fixed in the selectio......not find any error in the impugned judgment and order calling for interference by this Court. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 67....... J Md. Shamsul Huda J Government of Bangladesh and Others……………..Appellants Vs. Md. Mosharraf Hossain……………………………………….Respondents Judgment October 16, 2011. Result: This petition is dismissed. Cases Referred to- 59 DLR (AD) 54; G......not find any error in the impugned judgment and order calling for interference by this Court. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 67...Category: Employment/Service Law | Date: | Hits: 127
Category: Fiscal/Taxation Law | Date: | Hits: 130
Azmal Khan Vs. Md. Afzal Khan and others, 2011, 40 CLC (AD)
....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. ......ase which is the subject matter of the suit and the petrol pump was rented to a tenant, and 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.......................................Appellant Vs. Md. Afzal Khan and others…………….........Respondent Judgment March 2, 2011. Result: The appeal is dismissed. Cases Referred to- BKN Piliai Vs. Pillai, AIR 2000 SC 614; Modi Spinning and Weaving Mills Co. Ltd Vs. Ladha Ram......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
Zaminur Rahman & others Vs. Bangladesh & others, 1978, 7 CLC (AD)
.... 49, 50, 51, 53, 54, 55 of the Basic Democracies Order, shows that the Municipal Committee concerned has the full control and authority over the Municipal Fund and under Article 52 a budget for every financial year containing a statement of estimated receipts and expenditure is prepared for that fin......lding that the submission that the Municipal Committee could not lease out the Octroi posts was without any substance. 5. Leave was granted to examine the contention of the appellants that the power of taxation in its nature is such that no private person can be allowed to collect and appro...... others…………………Appellants Vs. Bangladesh & others……………………Respondents Judgment August 21, 1978. Result: The appeal is dismissed. Cases Referred to- Burmah Oil Company Limited Vs. The Trustees for the Port of Chittagong (1962) 14 DLR (SC) 106......uraged. In the above premises the appeal is dismissed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171...Category: Fiscal/Taxation Law | Date: | Hits: 112
Mullick Brothers Vs. Income Tax Officer and another, 1978, 7 CLC (HCD)
.... premises the appeal is allowed but without any order as to costs. The impugned demand notices are declared to be of no lawful authority. Ed This Case is also Reported in: 31 DLR (AD) (1979) 165.......zrul Islam shall be the Vice-President of the Republic, and that the President shall be the Supreme Commander of all the Armed Forces of the Republic, shall exercise all the Executive and Legislative powers of the Republic including the power to grant pardon." On the same day that is 10th April, 197......9 (hereinafter called the Regulation) on malicious report from the informer taking advantage of the Martial Law prevailing in Pakistan. The appellant was coerced by the illegal process and was forced to accept abnormal high income and taxes assessed against the appellant and his partners under the t...... premises the appeal is allowed but without any order as to costs. The impugned demand notices are declared to be of no lawful authority. Ed This Case is also Reported in: 31 DLR (AD) (1979) 165...Category: Fiscal/Taxation Law | Date: | Hits: 122
Sonali Bank Vs. Mozaffor Hossain, 1997, 26 CLC (HCD)
....t of Subordinate Judge, Barisal is set aside and the ex parte decree dated 30-7-1983 is maintained. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 174. ...... of the Code of Civil Procedure and obtained the present Rule. 9. The plaintiff-petitioner is represented by the learned Advocate Mr. Shahidul Haque. The defendant opposite party, though, filed power, did not contest the Rule at the time of hearing of the same. 10. Mr. Md. Shahidul Haque, i......Civil Revision No.97 of 1988 (Barisal) Civil Revision No.2861 of 1991 (Dhaka) Judgment AK Badrul Huq J.- Feeling aggrieved by a judgment and order passed by the learned Subordinate Judge, restoring a suit to its file and number, on allowing Miscellaneous Case under Order 9 rule 13 of the Co......t of Subordinate Judge, Barisal is set aside and the ex parte decree dated 30-7-1983 is maintained. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 174. ..Category: Procedural Law | Date: | Hits: 80
Harunar Rashid (Md.) Vs. Subordinate Judge, (Artha Rin Adalat) Bogra and others, 1997, 26 CLC (HCD)
....বে না ১()।” Furthermore it has been stated in the preamble of the Artha Rin Adalat Act, 1990 that the Artha Rin Adalat Act is a Special legislation to realise the loan given by the financial institution. The Adalat Act is a special legislation providing for special measures to rea......cially established for deciding those cases only which are for recovery of the loan advanced by the financial institution. The learned Artha Rin Adalat has acted absolutely without jurisdiction as no power has been vested in the Artha Rin Adalat to try a case other than the realisation of loan money......, Advocates - For the Petitioner. Rafiqur Rahman, Advocate - For the Respondent No.2 Writ Petition No.230 of 1993. Judgment Qazi Shafiuddin J.- A Rule Nisi was issued upon the respondents to show cause as to why the judgment and decree passed by the respondent No.1 in Artha Rin Adalat Su......92 (Annexure to the petition) is hereby declared to have been passed or made without any lawful authority and to be of no legal affect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 170...Category: Civil Law | Date: | Hits: 71
Abdur Rahim Vs. Arifur Rahman and others, 1997, 26 CLC (HCD)
....impugned judgment to call for any interference by this Court exercising revisional power. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 166.......dence on record and are based on correct principle of the appreciation of the evidence. We find no illegality in the impugned judgment to call for any interference by this Court exercising revisional power. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR .......................Petitioner Vs. Arifur Rahman and others.......................Opposite Parties Judgment November 27, 1997. Result: No illegality was found in the impugned judgment to call for any interference by this Court. Cases Referred To- Gokal Chand and others Vs. the ......impugned judgment to call for any interference by this Court exercising revisional power. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 166...Category: Procedural Law | Date: | Hits: 68
Doris Waldman Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....ndustries cancelled the liaison office permission with effect from 27-11-95 vide Annexure-C. The petitioner has no legal right to come to Bangladesh as she indulged in activities which go against the financial interest of Bangladesh. The impugned orders are legal and issued with lawful authority and......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....... High Court Division (Special Original Jurisdiction) Present: Mainur Reza Chowdhury J Md. Iftikhar Rasool J Doris Waldman, President of Daddy’s Money of Bangladesh and Managing Director of Daddy’s Money Garments Ltd……………Petitioner Vs. Bangladesh, represented by t......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
Shahnewaz Karim (Md.) Vs. State, 2009, 38 CLC (HCD)
....pen place outside Brahmanbaria Thana Complex since its seizure and during the last rainy season due to frequent rainfall, the seized taxi cab was almost at the brink of total damage causing a serious financial loss to its owner, so the petitioner being authorized official of the Navana Taxi Cab Comp......……..............Opposite Party Judgment April 13, 2009. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (V of 1898); section 561A The Magistrate has the power to make order of temporary custody for the protection of the property produced before him rega....................Opposite Party Judgment April 13, 2009. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (V of 1898); section 561A The Magistrate has the power to make order of temporary custody for the protection of the property produced before him regarding ......undertaking to produce the same before the Court on and when directed by the same. Copy be sent down at once. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 67; 18 BLT (HCD) (2010) 5. ..Category: Criminal Law | Date: | Hits: 110
Islam Enterprise Vs. Commission of Taxes Zone-3, 2007, 36 CLC (HCD)
....he applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 59.......wish. In the absence of any basis, such rejection of a small part of the debts and addition of that amount to the income therefore, cannot be accepted. 29. The Assistant Commissioner of Taxes is empowered to ask for proof of the debts claimed and to reject a part of the debts which could not be p......nce in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 59.......he applications under section 173 of the Ordinance in the negative and against the revenue and in favour of the applicants. No costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 59...Category: Fiscal/Taxation Law | Date: | Hits: 97
Abul Kashem Vs. AKM Golam Mostafa and others, 2009, 38 CLC (HCD)
....ated. 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: 62 DLR (HCD) (2010) 44. ......s the evidence on record and to arrive at his own independent finding. In the instant case, the specific findings of the trial Court have not been reversed by the lower appellate Court exercising its power under Order XLI, rule 31of the Code. Accordingly, the trial Court's Judgment and decree are re......shem.................Petitioner Vs. AKM Golam Mostafa and others..................Opposite Parties Judgment January 14, 2009. Result: The Rules are made absolute. Cases Referred to- Abdur Rahman Vs. Shamsunnahar Begum, 7 BLT (AD) 125; Md. Ismail Vs. Province of East Pakistan......ated. 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: 62 DLR (HCD) (2010) 44. ..Category: Administrative Law | Date: | Hits: 230
Category: Employment/Service Law | Date: | Hits: 147
Chutta Miah Vs. State, 2004, 33 CLC (HCD)
.... made above and in accordance with law after giving the petitioner an opportunity to recall the prosecution witnesses for cross-examination. Ed. This Case is also Reported in: 56 DLR (2004) 610. ......s and it cannot be said that the intention of this section is to limit its application to the witnesses only before examination of the accused under section 342 of the Code of Criminal Procedure. The power is available to the Court and under section 540 of the Code of Criminal Procedure, a Court has......l Hossain Ahmed J Chutta Miah...................Petitioner Vs. State………………..Opposite Party Judgment July 21, 2004. Result: The Rule is made absolute. Case referred to- Nazrul Islam @ Munto Vs. State, 1999 BLD 188. Lawyers Involved: Md. Rafiqul Hossain wit...... made above and in accordance with law after giving the petitioner an opportunity to recall the prosecution witnesses for cross-examination. Ed. This Case is also Reported in: 56 DLR (2004) 610. ..Category: Criminal Law | Date: | Hits: 68
Azad Hossain (Md) Vs. State, 2003, 32 CLC (HCD)
....with the Special Tribunal Case No. 41 of 1996 immediately, if not wanted in connection with any other case. Communicate the order at once. Ed. This Case is also Reported in: 56 DLR (2004) 602....... facts rather most illegally rejected the petition and passed the order issuing conviction warrant against the petitioner which has caused abuse of the process of the Court and, as such, the inherent power of the Court under section 561A of the Code is attracted to secure ends of justice. No one ......8 of 2003. Judgment Mirza Hussain Haider J. - The petitioner Md. Azad Hossain obtained this Rule under section 561A of the Criminal Procedure Code calling upon the Deputy Commissioner, Dinajpur to show cause as to why the petitioner arrested and now kept under custody to suffer the sentence pa......with the Special Tribunal Case No. 41 of 1996 immediately, if not wanted in connection with any other case. Communicate the order at once. Ed. This Case is also Reported in: 56 DLR (2004) 602...Category: Criminal Law | Date: | Hits: 73
Dr. Qazi Faruque Ahmed Vs. State, 2004, 33 CLC (HCD)
....the petitioner the trial Court shall have the liberty to deal with the question of bail of the accused‑petitioner in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 600. ......g the petitioner were present and in the said meeting the petitioner disclosed that the government of the ruling alliance has to be overthrown and party in opposition should be supported to take over power whereby they will have some privilege for operating their organisation namely, Proshika. It is......ment July 13, 2004. Result: This Rule is made absolute. Lawyers Involved: Dr. Kamal Hossain with M Amir‑ul Islam, Advocates ‑ For the Petitioner. Md. Helaluddin Mollah, Deputy Attorney General with Md. Alamgir Kabir Assistant Attorney General – For the State. Criminal Misc......the petitioner the trial Court shall have the liberty to deal with the question of bail of the accused‑petitioner in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 600. ..Category: Criminal Law | Date: | Hits: 81