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AKM Mazharul Haq Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....ondents to show cause as to why the impugned order (Annexure A) issued by the respondent No.5 should not be declared to have been made without any lawful authority and is of no legal effect and why a declaration shall not be made that the petitioner has right to continue in service till the completi......directed to reinstate the petitioner in service within 30 days of receipt of copy of this judgment with back wages and other benefits. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 274. ...... Court High Court Division (Special Original Jurisdiction) Present: Tariq-ul-Hakim J Moinul Islam Chowdhury J AKM Mazharul Haq Chowdhury……………………Petitioner Vs. Bangladesh and others……………………Respondents Judgment February 10, 2010. Resul..Category: Employment/Service Law | Date: | Hits: 157
Sekandar Spinning Mills Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2011, 40 CLC (HCD)
....ect. The respondent is hereby directed to re-adjust the amount of Taka 10,90,585 in the VAT Register of the petitioner company at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 272.......ect. The respondent is hereby directed to re-adjust the amount of Taka 10,90,585 in the VAT Register of the petitioner company at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 272.......ect. The respondent is hereby directed to re-adjust the amount of Taka 10,90,585 in the VAT Register of the petitioner company at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 272...Category: Fiscal/Taxation Law | Date: | Hits: 196
Jalil and another Vs. Chairman, Court of Settlement and another, 1991, 20 CLC (HCD)
....ificate for realisation of arrear rent from the Rural Electrification Board which was their tenant. Thereafter, the petitioners filed Title Suit No. 81 of 1986 in the First Court of Munsif, Dhaka for declaration of their title and recovery of possession but during the pendency of the suit the Govern......n the government and the government has been in possession of the same through its allottees and that during the liberation war the petitioners and their mother left Bangladesh for Pakistan and after independence the whereabouts of the petitioners and their mother could not be traced out and accordi...... facts. 6. The respondent government filed an affidavit‑in‑opposition controverting the statements made by the petitioners and contending that the mother of the petitioners did not die in‑Bangladesh on 10.3.75 and that the property in question was declared as abandoned property under the..Category: Property Law | Date: | Hits: 90
State Vs. Abul Khair & 2 others, 1992, 21 CLC (HCD)
....Reference No. 1 of 1985 accepted as per judgments delivered by my learned brothers, Md. Abdur Rouf and Syed Fazle Ahmed, JJ. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 284. ......Reference No. 1 of 1985 accepted as per judgments delivered by my learned brothers, Md. Abdur Rouf and Syed Fazle Ahmed, JJ. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 284. ...... appellants shared common intention and in furtherance of that intention took part in the crime". 7. Admittedly, the condemned prisoner, Abul Khair was serving as Havilder in the MP Unit of the Bangladesh Army at Dhaka Cantonment, while appellant Mainuddin was posted as Havilder in the same un..Category: Criminal Law | Date: | Hits: 116
Commissioner of Taxes, Dhaka Vs. MA Hossain & Co., 1992, 21 CLC (HCD)
....cting the appeal on the ground of limitation we answer the question in the negative. The parties are to bear their own costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 282.......cting the appeal on the ground of limitation we answer the question in the negative. The parties are to bear their own costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 282....... the aforesaid order of the Joint Appellate Commissioner of Taxes, the Deputy Commissioner of Taxes, Contractors, Circle‑II Dhaka preferred the aforesaid appeal before the Taxes Appellate Tribunal, Bangladesh, Dhaka Division Bench. The Tribunal by its order dated April 26, 1987 rejected the appeal..Category: Procedural Law | Date: | Hits: 103
Abdul Khaleque Vs. Court of Settlement and others, 1991, 20 CLC (HCD)
.... Officer or a Notary Public or by the First Secretary or an Officer of equal status of the Bangladesh Diplomatic Mission concerned, and (b) the affidavit accompanying the application contains a declaration of allegiance of the applicant to Bangladesh. (3) The Government or the Mission or......lawful authority and the same 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: 44 DLR (HCD) (1992) 273.......t and others ……………………..Respondents. Judgment October 22, 1991. Result: The Rule is made absolute. Case Referred to- Mukhtar Ahmed Vs. Government of Bangladesh and others, 34 DLR 29. Lawyers Involved: MI Farooqui with M Saleemullah, Advo..Category: Property Law | Date: | Hits: 90
Ramizuddin and others Vs. Abdul Hamid, 2009, 38 CLC (HCD)
....rt is that the plaintiff instituted the Title suit No.295 0f 1995 in the Court of Assistant Judge, 2nd Court, Dhaka impleading the above defendant-petitioners and opposite parties Nos.2-7 praying for declaration of title in the suit land and also further declaration that the kabala No.8593 dated 8-8......r as to costs. The impugned Judgment and order passed by the Appellate Court allowing the withdrawal of the suit is, hereby, set aside. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 434.......o title accrued to the defendants and the same also is not binding upon the plaintiff. Thereafter, the plaintiff filed this suit for the relief's mentioned the plaint. In the plaint the Government of Bangladesh and the Assistant Commissioner (Land) were impleaded as defendants, the above petitioners..Category: Procedural Law | Date: | Hits: 108
Abdul Kabir Vs. State, 1998, 27 CLC (HCD)
....information or furnishes a statement or information which he knows or has reasonable cause to believe to be false, or not true, in any material particular,- (b) makes in any book, account, record, declaration, return or other document which he is required by an order under sub-section (1) to furn......sh the proceedings of that case. In the result, the Rule is discharged. Communicate the order to the Magistrate concerned at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 306. ...... Judgment April 1, 1998. Result: The Rule is discharged. Cases Referred to- Abul Basher Vs. State, 47 DLR 521; Shantosh Bhushan Das Vs. the State, 4 BLT (AD) 58; Mostafizur Rahman Vs. Bangladesh, 49 DLR 599; Santosh Bhusan Das Vs. State, 4 BLT (AD) 58. Lawyers Involved: Not Repr..Category: Criminal Law | Date: | Hits: 109
MJL Bangladesh Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2010, 39 CLC (HCD)
.... in information supplied at the time of VAT registration and Rule 12 of the VAT Rule does not speak or mention about payment of all claims and it is not required to pay these before submission of the declaration of any circumstances related to the VAT payee including its name. In elaborating his arg......by the VAT authority in its entirety as per statement given in Annexure-'Z' of the supplementary affidavit dated 25-7-2010 forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 257. ....... This Case is also Reported in: 63 DLR (HCD) (2011) 257. ..Category: Fiscal/Taxation Law | Date: | Hits: 269
Abdul Jalil & other Vs. Islami Bank Bangladesh Ltd. and others, 2011, 40 CLC (AD)
....uit No.92 of 1991 in the 3rd Court of Subordinate Judge, Dhaka, which was subsequently transferred to the 1st Court of Subordinate Judge, Dhaka and was renumbered as Title Suit No.177 of 1994, for declaration of title and partition in respect of 0.32 acre of land of CS Plot No.115 of CS Khatian N......th the impugned judgment of the High Court Division. In the result, the appeal is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 107.......1998 but that Civil Review Petition also was dismissed by the judgment and order dated 25-5-1998. 5. The contesting defendants thereafter sold 0.8372 acre of land of CS Plot 371 to the Islami Bank Bangladesh Limited by a registered kabala dated 28-7-1998. After this sale the same 40 plaintiffs ..Category: Procedural Law | Date: | Hits: 108
Major (Retd.) M Khairuzzaman Vs. State, 1997, 26 CLC (HCD)
....tioner in the Dhaka Central Jail as under-trial prisoner in connection with Lalbagh PS Case No.11(11)75 till the disposal of that case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 283.......tioner in the Dhaka Central Jail as under-trial prisoner in connection with Lalbagh PS Case No.11(11)75 till the disposal of that case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 283.......s-I) to the petitioner in Dhaka Central Jail is connection with Lalbagh PS Case No.1 11(11)75 as under-trial prisoner. 2. It is stated in the application that the petitioner was an Army Officer in Bangladesh Army with a good record of service and reputation. He comes of an enlightened distinguish..Category: Criminal Law | Date: | Hits: 105
Salma Islam Vs. Parveen Banu & others, 1997, 26 CLC (HCD)
....s MA Nasir was alive. On appeal from the said judgment (First Appeal No.46 of 1988) a Division Bench of the High Court Division by the judgment and decree dated 16-2-89 decreed the suit with only one declaration that the plaintiffs were the sole legal heirs and successors of late MA Nasir and that t......sult, the appeal is dismissed without any order as to costs. The connected Civil Rule No. 208(f) of 1985 is accordingly disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 280.......sult, the appeal is dismissed without any order as to costs. The connected Civil Rule No. 208(f) of 1985 is accordingly disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 280...Category: Property Law | Date: | Hits: 144
....stered without any lawful authority and is of no legal effect so far it relates to the property of deed of Endowment dated 25-9-1903.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 273.
......stered without any lawful authority and is of no legal effect so far it relates to the property of deed of Endowment dated 25-9-1903.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 273.
......risdiction)
Present:
Qazi Shafiuddin J
Syed JR Mudassir Husain J
Laxmi Janardhan Jew Thakur and 3 others…………………Petitioners
Vs.
Government of the People’s Republic of Bangladesh, represented by the Secretary Ministry of Industries, and others………………Respond..
Category: Property Law | Date: | Hits: 85
Monjurur Rahman (Md.) Vs. Dr. Naimur Rahman, 1998, 27 CLC (HCD)
....und floor of the property of Schedule ‘A’. The demand of the plaintiff for partition of the property having been refused by defendant No.1, the plaintiff has been constrained to file the suit for declaration of his half the share in the property of Schedule ‘A’ and ‘B’ and partition. ......t, the appeal is dismissed. The Judgment and decree passed by the Court below is upheld. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 266. ....../49 pound sterling in the names of Mr. M Rahman and Dr. N Rahman on 30th November, 1973. This amount is equivalent to Taka 1,92,044.00 on the basis of a certificate about the rate of exchange between Bangladesh taka and pound sterling as on 24th November, 1973, furnished by the Manager of Pubali Ban..Category: Property Law | Date: | Hits: 109
Mahbub Alam Vs. Commissioner, Customs, Excise and VAT, Sylhet and others, 2010, 39 CLC (HCD)
....e Rule are that on 1-2-2003 at 12-00 hours the petitioner Mahbub Alam landed at the Osmani International Airport, Sylhet by Bangladesh Biman bearing Flight No.BG-0052 and while he was going to make a declaration in declaration counter of the Airport, the Customs Officials took him to the office of t......dgment and order to the Special Tribunal concerned for necessary action and the Respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 395. ......…………….Respondents Judgment June 6, 2010. Result: The Rule is discharged and the petition dated 18-5-2010 for direction is rejected. Cases Referred to- Khalilur Rahman Vs. Bangladesh, 2000 BLD (AD) 152; 52 DLR (AD) 115; Shamsunnahar Salam Vs. Md. Wahidur Rahman, 51 DLR (A..Category: Fiscal/Taxation Law | Date: | Hits: 177
Rafiqul Islam Vs. State and another, 2009, 38 CLC (HCD)
....g is hereby quashed. Communicate the order to the Court of the learned Additional Metropolitan Sessions Judge, Chittagong, forthwith. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 377. ......g is hereby quashed. Communicate the order to the Court of the learned Additional Metropolitan Sessions Judge, Chittagong, forthwith. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 377. ......arned Additional Metropolitan Sessions Judge, Chittagong should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule is that, the complainant opposite party No.2 Islami Bank Bangladesh Limited filed CR Case No.138 of 2007 in the Court of Chief Metropolitan Magistrate, Chitt..Category: Civil Law | Date: | Hits: 150
Abdul Malek Vs. District Co-operative Officer, Cox’s Bazar and others, 1997, 26 CLC (HCD)
....vision of section 87(2) of the Ordinance read with Rule 135 of the Co-operative Societies Rules, 1987 (hereinafter referred to as the rules) framed under section 139 of the Ordinance has sought for a declaration that the impugned action of the respondent No.1 withdrawing and dismissing the Dispute C......en made without lawful authority and is of no legal effect. In the facts and circumstances of the case there no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 426. ......en made without lawful authority and is of no legal effect. In the facts and circumstances of the case there no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 426. ..Category: Civil Law | Date: | Hits: 128
Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)
....ept in abeyance till the tribunal gives its decision otherwise two members might be imbibed for the same seat. 11. Mr. AF Hasan Ariff submits that the election process does not always end with the declaration of the result. In case of a dispute it continues till the final disposal of the election......pondent No.1 Bangladesh Election Commission at once addressing it to the Chief Election Commissioner, Bangladesh Election Commission. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 417. ......HCD) (1998) 417. ..Category: Election Law | Date: | Hits: 162
Jiban Bima Corporation Vs. Mustafa Hussain & another, 1997, 26 CLC (HCD)
....ial relief in the suit. In elaborating his submissions the learned Advocate submitted that from the plain reading of the plaint particularly paragraph 25 of the same, which runs as “The suit is for declaration and establishment of right admissible under the law and there being no prayer in the for......ost of Taka 2,000.00. The impugned judgment and decree are affirmed. Let the records of the Courts below be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 411. ......r Vs. Mustafa Hussain & another……………………Opposite-Parties Judgment November 27, 1997. Result: The Rule is discharged. Cases Referred to- Helaluddin Ahmed Vs. Bangladesh, 45 DLR (AD) 1; Manager, Personal Division Vs. Md. Sazaban Miah & others, 35 DLR 224;..Category: Employment/Service Law | Date: | Hits: 182
Syed Wali Mohammad Salehuddin, 1990, 19 CLC (HCD)
....further order as to costs. The assistance given by Mr. Ahmed Nurur Reza and Mr. Saidur Rahman at the time of hearing is appreciated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 268.......further order as to costs. The assistance given by Mr. Ahmed Nurur Reza and Mr. Saidur Rahman at the time of hearing is appreciated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 268....... (Testamentary and Intestate Jurisdiction) Present: Anwarul Hoque Chowdhury J Syed Wali Mohammad Salehuddin, Administrator General, Official Trustee and Official Receiver, Government of Bangladesh ............Petitioner. Judgment January 4, 1990. Result: The application is ..Category: Trust/Waqf Law | Date: | Hits: 166
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