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Monowara Begum Vs. Government of Bangladesh others, 2013, 42 CLC (HCD)
....t High Court Division (Civil Revisional Jurisdiction) Present: SM Emdadul Hoque J Monowara Begum..................Defendant-Respondent-Petitioner Vs. Government of Bangladesh others.........................Opposite-Parties Judgment June 16, 2013. Re......granted earlier by this court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 476. ...... allowing the same and reversing those dated 29-4-1995 passed by the learned Senior Assistant Judge, Nalchity, in Title Suit No. 105 of 1993 dismissing the suit should not be set-aside. 2. Facts for disposal of the Rule, in short, are that the opposite party Nos. 1 and 2 as plaintiffs inst......granted earlier by this court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 476. ..Category: Civil Law, Property Law | Date: 16 Jun, 2013 | Hits: 2
Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)
.... delivering it to the person on whom -it is to be served; or (b) By sending it by registered post with acknowledgement due to that person at his usual or last known place of abode or business in Bangladesh; or (c) By publication in a daily Bangla national newspaper having wide circula......t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58. ......bject of issuing notice indicating the factum of dishonor of the cheque is to give an opportunity to the drawer to make the payment within the stipulated period, so that it will not be necessary for the payee to proceed against the drawer, in any criminal action, even though the bank dis&s......t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58. ..Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10
Sahab Uddin (Md.) Vs. State and another, 2013, 42 CLC (HCD)
....tiable Instruments Act, 1881 (the Act, 1881), alleging, inter alia, that in order to repay a loan due to him, the accused issued three cheques in his favour. All the cheques were drawn on Islami Bank Bangladesh Ltd., Chauk Bazar Branch. The cheques were dated 28-5-2008, 10-6-2008 and 28-5-2008 for T......ce during the trial. In view of the above, we find no merits in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 86. ......Petitioner. B. Hossain, Advocate-on-Record—For Respondent No.1. ASM Abdul Mobin, Advocate instated by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No.2. Criminal Petition for Leave to Appeal No.395 of 2010. (From the judgment and order dated the 30th day of May, 201......ce during the trial. In view of the above, we find no merits in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 86. ..Category: Civil Law | Date: 11 Jun, 2013 | Hits: 14
Grameen Telecom Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....en Bank Complex Mirpur-2, Dhaka-1216….. ……………............Assessee-Applicant Vs. The Commissioner of Taxes, Taxes Zone-03, 35, Pioneer Road, (Ayesha Manjil) Segunbagicha, Dhaka-1000, Bangladesh………Respondent Judgment June 5, 2013. Result: Income Tax Reference Applic......o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ...... Judgment AFM Abdur Rahman J. - In this Income Tax Reference Application, the Assessee-applicant challenged the order of the Taxes Appellate Tribunal refusing to allow the admission of appeal before the Commissioner of Taxes (Appeal). 2. It has been stated in the instant Income Tax Referenc......o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 5 Jun, 2013 | Hits: 86
A.B.M. Liton Vs. Bangladesh & Others, 2013, 42 CLC (HCD)
....iction) Present: Sheikh Hassan Arif J Mustafa Zaman Islam J A.B.M. Liton…………………………..Petitioner Vs. Bangladesh & Others………………………&hell......the refusal of bail are set-aside in so far as the petitioner is concerned. Communicate this order. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 207 ...... Result: The Rule is made absolute. Refusal of Bail not Sustained-- Since the Adalat as well as the Bank proceeded against the body of all the defendants including the petitioner before proceeding against their properties, and since the Bank and the Adalat proceeded against the pe......the refusal of bail are set-aside in so far as the petitioner is concerned. Communicate this order. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 207 ..Category: Banking Law | Date: 3 Jun, 2013 | Hits: 5
Moon Construction Company Limited Vs. Government of Bangladesh & others, 2013, 42 CLC (HCD)
.... (Civil) Present: Reza-ul-Hoque J A.B.M. Altaf Hossain J Moon Construction Company Limited……………….Petitioner Vs. Government of Bangladesh & others……………….Respondents Judgment ......ent. Office is directed to communicate the copy of this judgment forthwith. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 193 ......re- A person may be destructively treated not only by action, but also by inaction and inaction may contravene the Article, when it is arbitrary and unreasonable. In the instant case, the aforesaid expectation and/or prepared admitted bill of the petitioner cannot be termed or being based......ent. Office is directed to communicate the copy of this judgment forthwith. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 193 ..Category: Constitutional Law | Date: 16 May, 2013 | Hits: 4
ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)
....r or further order or orders passed as to this Court may seem fit and proper. 4. Facts relevant for disposal of these Rules are, in a bridge, is that, the respondent No. 2, GSP. Finance Company (Bangladesh) Limited instituted Artha Rin Suit No. 276 of 2010 against the petitioners claiming ......charged without any orders as to costs.' Communicate the judgment to the court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9. ...... May 15, 2013. Result: Both the rules are discharged. Artha Rin Adalat Ain (VIII of 2003); Sections 10(1) and 19(2) Section 10 of the Ain, 2003 does not provide any provisions for filing applications against the ex-parte judgments and decree of the Adalat similar to the provi......charged without any orders as to costs.' Communicate the judgment to the court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9. ..Category: Corporate Law, Others | Date: 15 May, 2013 | Hits: 8
Category: Election Law | Date: 7 May, 2013 | Hits: 6
Category: Procedural Law | Date: 6 May, 2013 | Hits: 15
Hasan Chowdhury (Md.) Vs. Bangladesh Bank and others, 2013, 42 CLC (HCD)
.... (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. AshrafUl Kamal J Hasan Chowdhury (Md.) ..................Petitioner (In both the petitions) Vs. Bangladesh Bank and others..................Respondents (In both the petitions) Judgment M......nd also to communicate the compliance of our direction to the Registrar of the Supreme Court without any fail. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 533. ......JIT Knit Composite Ltd Vs. Government of Bangladesh 18 BLC 480. Lawyers Involved: Rokonuddin Mahmud, Senior Advocate Mizan Sayeed, Advocates—For the Petitioner Khurshid Alam Khan for Nahid Mahtab, Advocate— For Respondent No. 3 AKM Shafiqul Alam with Binta Alam, Advoc......nd also to communicate the compliance of our direction to the Registrar of the Supreme Court without any fail. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 533. ..Category: Banking Law | Date: 2 May, 2013 | Hits: 3
Sheikh Shahadat Hossain (Md.) Vs. National Board of Revenue, and others, 2013, 42 CLC (HCD)
....: The Customs Appeal is allowed. Cases Referred to- Mohammed Zulfiqar Vs. Abul Kalam, 42 DLR (AD) 83; Superintendent and Legal Remembrance Vs. Zubed Ali, 26 DLR (AD) 1; Zamil Hoque Vs. Bangladesh, 34 DLR (AD) 125; Md Ismail Vs. State, PLD 1969 (SC) 241; Mahmudul Hoque Vs. Shamsul Alam......vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522 ......e. AMAminuddin, Advocate, as Intervenes. Customs Appeal No.17 of 2008. Judgment Sheikh Hassan Arif J.— Since the core principles of law raised and to be settled in the aforesaid customs appeals are similar, namely the maintainability of the said appeals before the......vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522 ..Category: Fiscal/Taxation Law | Date: 25 Apr, 2013 | Hits: 2
JIT Knit Composite Ltd Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....direction the Rule is made absolute. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 480. ......in stayed. With this observation and direction the Rule is made absolute. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 480. ......nk Bhaban, Dhaka to show cause as to why it should not be directed to do what is required by law and pass necessary orders upon the respondent Nos.3-7 under section 45 of the Bank Companies Act, 1991 for consideration of the petitioner's application dated 22-7-2012 for extension of Moratorium pe......in stayed. With this observation and direction the Rule is made absolute. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 480. ..Category: Banking Law, Company Law | Date: 25 Apr, 2013 | Hits: 11
Category: Fiscal/Taxation Law | Date: 24 Apr, 2013 | Hits: 186
Abdul Mukid (Md.) Vs.. Artha Rin Adalat Khulna and another, 2013, 42 CLC (HCD)
.... Artha Rin Adalat Khulna and another................Respondents Judgment April 21, 2013 Result: The Rule is made absolute. Cases Referred to- Supreme Court of Bangladesh Vs. Md. Sufi Uddin, 6 BLC (AD) 241; Bangladesh House Building Finance Corporation Vs. Jah......d or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 211. ......Khulna being Order No.1 dated 28-7-1993 (Annexure-D to the Writ Petition) should not be declared to have been passed without lawful authority and is of no legal effect. 2. Shorts facts, relevant for the disposal of the rule are that; Respondent No.2, Bangladesh House Building Finance Corporatio......d or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 211. ..Category: Corporate Law | Date: 21 Apr, 2013 | Hits: 4
Bangladesh Inland Water Transport Au¬thority (BIWTA) Vs. Bangladesh & others, 2013, 42 CLC (HCD)
....eported in: 65 DLR (HCD) (2013) 535 ......ind that the instant writ petition is not maintainable. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 535 ......xure-D is without lawful authority and is of no legal effect and as to why the respondents should not be restrained by an order of injunction from leasing out the land of Maowa Riverport and its foreshore land in any manner and/or such other or further order or orders passed as to this court ma......ind that the instant writ petition is not maintainable. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 535 ..Category: Constitutional Law | Date: 15 Apr, 2013 | Hits: 3
Iftekharul Karim (Md.) Vs. State, 2013, 42 CLC (HCD)
....e some 10/12 persons made an unlawful assembly on the road carrying a banner of the banned organization namely 'Hijbul Tahrir' and also chanted slogan to establish 'Khilafat State' in Bangladesh and to topple the present Government; the informant party chasing the said persons arrest......etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211. ...... No. 188 of 2011 arising out of GR Case No.54 of 2011 corresponding to Dhanmondi Police Station Case No.22 dated 25 -2-2011 under sections 8/9/13 of the Santrash Birodhi Ain, 2009, now pending before the 3rc Court of the Special Judge, Dhaka should not be quashed and/ or such other or furt......etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211. ..Category: Criminal Law | Date: 4 Apr, 2013 | Hits: 4
ABM Mohiuddin Chowdhury Vs. Anti-Corruption Commission and others, 2013, 42 CLC (HCD)
...., Advocate—For the Respondent. Writ Petition No.5799 of 2008 Judgment Farah Mahbub J.— In this Rule, issued under Article 102 of the Constitution of the Peoples Republic of Bangladesh, the respondents have been called upon to show cause as to why the proceedings of Do......te of receipt of the copy of thus order. The Court concern is to decide the prayer for bail, if so made, in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 537 ......y;sent by its Chairman Vs. Md. Enayetur Rahman reported in 8 LG(2011)AD 153 = 64 DLR(AD)14, the Appellate Division has categorically observed while deposing the issue as to invoking writ jurisdiction for challenging criminal proceedings; the relevant portion is quo......te of receipt of the copy of thus order. The Court concern is to decide the prayer for bail, if so made, in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 537 ..Category: Anti-Corruption Laws, Constitutional Law | Date: 4 Apr, 2013 | Hits: 4
Golam Nabi and another Vs. Anti-Corruption Commis¬sion, and others, 2013, 42 CLC (HCD)
....Petition No. 7275 of 2008, Writ Petition No. 7276 of 2008, Writ Petition No. 7277 of 2008, Writ Petition No. 7278 of 2008 and Writ Petition No. 7336 of 2008 sent by his Lordship, the Chief Justice of Bangladesh for disposal are taken together for analogous hearing as the matter involved in those Wri......e also kept in each writ petition, referred to above facilitating to incorporate the result in the order sheet. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 181 ....... 7275 of 2008, Writ Petition No. 7276 of 2008, Writ Petition No. 7277 of 2008, Writ Petition No. 7278 of 2008 and Writ Petition No. 7336 of 2008 sent by his Lordship, the Chief Justice of Bangladesh for disposal are taken together for analogous hearing as the matter involved in those Writ Petitions......e also kept in each writ petition, referred to above facilitating to incorporate the result in the order sheet. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 181 ..Category: Anti-Corruption Laws, Criminal Law | Date: 14 Mar, 2013 | Hits: 4
Dr. AH Ali Haider Qureshi Vs. Dr. Ali Asker Qureshi, 2013, 42 CLC (HCD)
....haka and the learned Court decreed the suit in favour of the plaintiff. Subsequently; that decree was set-aside by this Court and ultimately the Hon'ble Appellate Division of the Supreme Court of Bangladesh affirmed the judgment and order and set-aside the judgment of the trial Court. By fur­...... of issuance of the order of leave stands vacated. 19. However, there will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 197 ......tlement with the Defendant-opposite-party which a voluntary organization namely Mukti Lawrence Foundation represented by it's Chairman to let out the schedule premises to the defendant foundation for a period of 5(five) years from 1-7-1993 to 30-6-1998 at a monthly rental of Taka 50,000 (fifty t...... of issuance of the order of leave stands vacated. 19. However, there will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 197 ..Category: Property Law | Date: 6 Mar, 2013 | Hits: 3
Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)
....ject" in the service of DCC under revenue budget as per the decision of Executive Committee of National Economic Council (ECNEC) dated 3-1-2008. The Joint Chief, Planning Division, Government of Bangladesh, vide his letter dated 10th January, 2008 requested all concerned including the Chief Exe......on are based on proper appreciation of laws and facts. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 145. ......romise given on behalf of a public authority or from the existence of regular practice which the claimant can reasonably expect to continue. Vide Council of Civil Service Union Vs. Minister for the Civil Service 1985 AC 374……………………&he......on are based on proper appreciation of laws and facts. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 145. ..Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17