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Government of Bangladesh and Others Vs. Himangshu Ranjan Pal, 2011, 40 CLC (AD)

....dgment of the Administrative Appellate Tribunal. In the result, the Civil Petition for Leave to Appeal No.2356 of 2009 is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 64. ......ce in the school he earned official appreciation as "an ideal" teacher and the said fact was duly recognized by the Managing Committee of the aforesaid school. In the year 1990 he was promoted to the post of Assistant Head Master of the school. But due to unknown reasons the petitioner was not given......well founded judgment of the Administrative Appellate Tribunal. In the result, the Civil Petition for Leave to Appeal No.2356 of 2009 is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 64. ..

Category: Administrative Law | Date: | Hits: 240

State Vs. Dafader Marfoth Ali Shah and another, 2011, 40 CLC (AD)

....ons Judge shall take necessary steps to take the accused-respondents into custody. The appellant is directed to file concise statement by 13th February, 2011. Ed. This Case is also Reported in:......f Home Affairs and apprised him about the incident but he also foiled to give any satisfactory solution rather he asked him to hand over the dead bodies to their respective relations after conducting post mortem examinations. 4. Accused-respondents along with the condemned prisoner Risalder Mosle......ons Judge shall take necessary steps to take the accused-respondents into custody. The appellant is directed to file concise statement by 13th February, 2011. Ed. This Case is also Reported in:..

Category: Criminal Law | Date: | Hits: 191

Azmal Khan Vs. Md. Afzal Khan and others, 2011, 40 CLC (AD)

....nd dis­posed of earlier, being Partition Suit No.28 of 1980 and Other Class Suit No.84 of 1967, in which, the petrol pump was not included. The defendant No.2 had admitted about the execution of the registered partition deed in his written statements in those suits. 3. Defendant No.1 contested t......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. ......challenge the same. 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

Abdus Sattar Bhuiyan Vs. Abdur Razzaque and another, 2011, 40 CLC (HCD)

....ere is ex-facie illegality in the impugned order and as such it is liable to be set aside. 5. Mr. Bhuiyan has further submitted that the appellants’ claim of title and possession is supported by registered sale deed, mutation khatian, duplicate carbon receipt and rent receipt in name of their f......nected Civil Rule is accordingly disposed of. The trial Court is directed to dispose of the suit as expeditious as possible. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ......nected Civil Rule is accordingly disposed of. The trial Court is directed to dispose of the suit as expeditious as possible. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 67

M/S Pak Jute Mills Ltd. Vs. Income Tax Officer and another, 1978, 7 CLC (AD)

....as 'income'. Explanation 4 to sec­tion 4 was amended by Finance Act, 1967. After amendment Explanation 4 reads thus:— "Any bonus or bonus shares declared, issued or paid by a company having its registered office in Pakistan to the shareholders in any year wholly or partly out of reserves or pr......ere the rate of surcharge has been detailed. This point also fails. In the result, therefore, the appeal is dis­missed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 178. ......irst Schedule where the rate of surcharge has been detailed. This point also fails. In the result, therefore, the appeal is dis­missed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 178. ..

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

Zaminur Rahman & others Vs. Bangladesh & others, 1978, 7 CLC (AD)

....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....... collection of Octroi and were framed and published in 1961 by the then Government of East Pakistan. 3. The Municipal Committees were autho­rised to levy and collect Octroi by establishing Octroi posts and appointing Octroi Superinten­dent, Octroi Inspector and a number of Octroi Muharris. Acco......ght to be discouraged. 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)

.... Petition No.486 of 1974). Judgment K M Subhan J.- This appeal by special leave is from the Judgment and order of the High Court passed in Writ Petition No.488 of 1974. 2. The appellant is a registered Partner­ship firm declared an excess income of Tk. 1,40,000/- for 9 assessment years beg...... 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....... In the above 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)

.... me the certified copies the order sheet starting from the date of registration of the plaint till the date of ex-parte decree awarded in, favour of the plaintiff-Bank. It appears that the plaint was registered on 2-2-1978. The defendant did not appear in the suit inspite of proper service of notice......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. ......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

Ihteshamur Rahman Vs. Masuda Khatun and others, 1998, 27 CLC (HCD)

....riram Dhar in an auction sale about 60 years ago and since then he had been owning and possessing the same. Subsequently, the said Hariram concluded an amicable family settlement dated 20-4-1928 by a registered instrument in respect to the suit property along with the other lands following which his......tively within 3(three) months from the d of receipt of this order. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 159. ......tively within 3(three) months from the d of receipt of this order. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 159. ..

Category: Property Law | Date: | Hits: 66

Amena Khatun and others Vs. Md. Afsaruddin being dead his heirs 1(ka) Maleka Khatun and others, 1997, 26 CLC (HCD)

....d the same to defendant Nos. 1 to 4, who were brothers on 31-10-32. Defendants No.4 Kalimuddin while in joint possession of the same property transferred his 4 annas share to his wife Safatunnessa by registered Heba bil Ewaz deed dated 22-7-42. Thereafter Safatunnessa possessed the land till 22-1-53......down the lower Court records immediately. Cost assessed by the lower Court in respect of the share of the suit land is maintained. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 156. ......ade absolute. Cases Referred to- 10 DLR 318; 22 CWN 575; AIR 1960 (Cal) 467; ILR (Cal) 873; IC 1940, 117; 12 CLJ 525; 36 DLR 350; Sree Jugal Kishori Sarker Vs. Azizur Rahman and others, 40 DLR (AD) 150; Bhaba Kanta Joddar and others Vs. Satish Chandra Mondal and others, 12 DLR 649; Mohammad Ha..

Category: Property Law | Date: | Hits: 63

Bainchitala Islamia Junior Madrasha Vs. Md. Abdur Rashid & others, 1997, 26 CLC (HCD)

....ioner is the successor of the defunct Baichitola Islamia Junior Madrasha and for declaration of Title to the Suit land appended to the plaint, in the Court of the Subordinate Judge, Jessore which was registered as Title Suit No.26 of 1979 and subsequently after the establishment of the subordinate J......henidah in Miscellaneous Appeal No.54 of 1995 is set aside and the application dated 22-2-95 filed by the opposite parties is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 153.......mp; others………………….Opposite Parties Judgment March 2, 1997. Result: The Rule is made absolute. Cases Referred To- PLD 1974 (Lahore) 312; 22 DLR 500; 42 DLR 481; 32 DLR (AD) 96; PLD 1974 (Lah) 312. Lawyers Involved: HN Nandi, Advocate - For the Petitioner. A Sa..

Category: Property Law | Date: | Hits: 55

Doris Waldman Vs. Bangladesh and others, 1996, 25 CLC (HCD)

....fect. 2. The case of the petitioner is as set forth below: The petitioner Mrs. Doris Waldman is an American national. She is the President of “Daddy’s Money of California Inc.” a company registered in USA and the “Daddy’s Money of Hong Kong Ltd.”, a company registered in Hong Kong......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.......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)

....esaid company who is authorized to settle the matter by the company vide authorization letter dated 9-7-2008. 3. It is further stated that seized Taxi Cab of the company of the petitioner has been registered bearing No. Dhaka Metro PA- 11-2556 with route permission and fitness certificate and acc......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. ......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

Jamil Akhter Elahi (Md.) Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....ion is misconceived and the Rule is liable to be discharged. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 64.......lities include depreciation on the car, all kinds of taxes, fees and insurance on it, the cost of maintaining a driver with his salary, bonus, pension and other incidental benefits. The total cost on post audit comes to Taka 9,87,058 per car per year. But under the new science, even allowing an inte......ion is misconceived and the Rule is liable to be discharged. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 64...

Category: Others | Date: | Hits: 134

Nasiruddin (Md.) Vs. State, 2009, 38 CLC (HCD)

.... a charge sheet No.81 on 2-4-2005, against the accused appellant under section 19(a) and (f) of the Arms Act. Finally, the case was transmitted to the Special Tribunal No.7, Narayangonj for trial and registered as Special Case No.184 of 2005, wherein a charge was so framed on 12-5-05 against the app...... the result, the appeal is allowed with modification. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ......lowed with modification. Cases Referred to- Anisur Rahman Gazi Vs. State, 59 DLR 488; Abdul Khaleque Vs. State, 40 DLR 493; Abul Kashem Vs. State, 50 DLR 356; Mahmudul Islam Vs. State, 53 DLR (AD) 1 ; Kashem Vs. State, 2001 BLD 442 = 54 DLR 212; Billal Miah Vs. State, 8 BLT 352; Mohinuddin Vs..

Category: Criminal Law | Date: | Hits: 79

Abul Kashem Vs. AKM Golam Mostafa and others, 2009, 38 CLC (HCD)

....ion of 0.36 acre of land out of 0.72 acre described in the schedule of the application for pre-emption, transferred by Syed Noor Nabi as vendor in favour of opposite party Nos.1-4 as pre-emptees by a registered kabala dated 26-10-1997 at a consideration of Taka one lac. Subsequently the opposite par......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. ...... 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 through the Chief Secretary, Government of East Pa..

Category: Administrative Law | Date: | Hits: 230

Shefali Bala Vs. Khalipur Pukurpara Registered Non-Government Primary School Managing Committee and others, 2009, 38 CLC (HCD)

.... the plaintiff's dismissal shall be treated to be special leave without pay and other benefits. Send down the LC records accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 41.......er, the plaintiff was given two letters dated 8-2-97 and 15-2-97 and she was dismissed from service as per decision taken by the Managing Committee. The TPEO on 22-7-97 visited the school and found a post of the teacher vacant and asked the Managing Committee to invite application for appointing a t......Opposite Parties Judgment July 2, 2009. Result: The Rule is made absolute. Cases Referred to- Hussain Ahmed Chowdhury alias Ahmed Hussain Chowdhury Vs. Md. Nurul Amin, 1996 BLD (AD) 31 = 47 DLR (AD) 162; Safaruddin Vs. Fazlul Huq, 49 DLR (AD) 151; Darasatullah Vs. Manik Mondal;..

Category: Employment/Service Law | Date: | Hits: 118

Chief Engineer, the Local Government and Engineering Department and others Vs. Kazi Mizanur Rahman and others, 2012, 41 CLC (AD)

.... The leave petitions are disposed of with the above observations and modifications of the earlier as well as the impugned judgments. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 91. ......In the High Court Division 49 persons filed the above writ petition seeking a direction upon the writ respondents who are petitioners herein to issue permanent appointment letters in their respective posts or in the alternative, they sought for transferring their services in the revenue set up. They......f law and operates in our legal system in this manner and to this extent.” 19. Similar views were taken by this Division in Bangladesh Textile Mills Corporation Vs. Nasir Ahmed Chowdhury, 7 MLR (AD) 265. In this case this Division approved the views taken in the case of Hindustan Development Co..

Category: Employment/Service Law | Date: | Hits: 147

Director General, Bangladesh Railway and others Vs. Sher-e-Bangla Market Dokander Bohumukhi Samobaya Samity Ltd., 2012, 41 CLC (AD)

....d against the judgment and order dated 19.08.2010 passed by the High Court Division in Writ Petition No.1728 of 2010 making the Rule absolute with a direction upon the writ respondents to execute the registered deed in question as per the decision taken by the writ respondent No.6 within 60 (sixty) ...... appreciation of the facts and circumstances of the case. We do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... appreciation of the facts and circumstances of the case. We do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 70

Dr. Qazi Faruque Ahmed Vs. State, 2004, 33 CLC (HCD)

....report that the petitioner also asked for arranging a mass rally in Dhaka for the aforesaid purposes. With the allegation as aforesaid, the instant case was brought with the police station, which was registered under section 120A and 120B/34 of the Penal Code. 3. Prior, the lodging of the first i......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. ......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