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Commissioner of Customs, Excise and VAT Commissioner of Customs, Excise and VAT Vs. Appollo Steel Mills Ltd and others, 2013, 42 CLC (AD)

....e Added Tax authority, in short, VAT authority. Upon the closure of the mills and stoppage of production since 12-5-1998, the writ-petitioner on 20-8-1998 made an application to respondent No. 3, the Divisional Officer, Customs, Excise and VAT. 5. Tejgaon Division for refund of the bal­ance......no reason and logic, he could just sit over the matter. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 143   ......no reason and logic, he could just sit over the matter. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 143   ..

Category: Fiscal/Taxation Law | Date: 24 Sep, 2013 | Hits: 9

State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)

....and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority deci­sions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ......and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority deci­sions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ......IR. After investigation the police report was sub­mitted on 17-2-1996 stating that the case against the accused persons was not proved, and recom­mending their discharge. However, the learned Judge took cognizance and after framing charge against accused Mostaflzur Rahman under Section 6 (1)..

Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7

Government of Bangladesh Vs. Md. Abdul Maleque Miah and 7 anothers, 2013, 42 CLC (AD)

....allowed and the impugned judgment and order is set aside with the obser­vations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167   ...... (First) Commission through its notification 4 dated 23-6-1972 pub­lished in the Official Gazette dated 6-7-1972 invited applications from freedom fighters for recruitment of 350 officers through Special Superior Service Examinations. The petitioner's Roll No. was 151. He stood 154th in the ......allowed and the impugned judgment and order is set aside with the obser­vations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167   ..

Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3

ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)

....eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500.   ......ent Moyeenul Islam Chowdhury J.— This crimi­nal appeal, at the instance of the convict-appel­lant, is directed against the judgment and order dated 16-11-2008 passed by the learned Special Judge, Court No. 9, Dhaka in Special Case No. 26 of 2008 arising out of Metro Special Case N...... Moyeenul Islam Chowdhury J.— This crimi­nal appeal, at the instance of the convict-appel­lant, is directed against the judgment and order dated 16-11-2008 passed by the learned Special Judge, Court No. 9, Dhaka in Special Case No. 26 of 2008 arising out of Metro Special Case No.139 of..

Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5

Maulana Syed Rezaul Haque Chadpuri and others Vs. Bangladesh Jamaat-e-Islami and others [2nd Part], 2013, 42 DLR (HCD)

....hereby declared to have been given without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 14.        ......ul authority and is of no legal effect. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 14.        ......hereby declared to have been given without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 14.        ..

Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10

Maulana Syed Rezaul Haque Chadpuri and others Vs. Bangladesh Jamaat-e-Islami and others [1st Part], 2013, 42 DLR (HCD)

....নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮) (..to be continued at CLC ID ( 9365 ) ......ক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮) (..to be continued at CLC ID ( 9365 ) ......tition made by the residents was allowed. Supreme Court upheld the judgment passed by the High Court. 26. The case of SP Gupta Vs. Union of India,  AIR 1982 SC 149, (popularly known as 'Judges' Transfer Case') is the first leading decision of Supreme Court on PIL. In this case ..

Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11

Syed Raihan Hasan Ali Chowdhury Vs. Syed Hamde Ali Chow¬dhury and others, 2013, 42 CLC (HCD)

....Civil Rule No.905(f) of 2011 is disposed of. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ......Civil Rule No.905(f) of 2011 is disposed of. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ...... the Administrator to decide the question whether a particular prop­erty is waqf property or not and the order made by the Administrator under this section is subject to challenge by the District Judge in the manner as contained in section 35 as all the provisions of section 35 have been made ap..

Category: Trust/Waqf Law | Date: 29 Jul, 2013 | Hits: 5

Robi Axiata Ltd Vs. First Labour Court Dhaka and others, 2013, 42 CLC (HCD)

....Orders of Stay as ini­tially granted are necessarily recalled and vacated. There are no Orders as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 551   ......cessarily recalled and vacated. There are no Orders as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 551   ......ct, 1965 that in probing into the ambit of any provi­sion, in particular, relating to workmen or workers ignored the actual definitions of those terms found in the relevant enactment. The learned Judge found on that requirement of interpretation, as is this Court's view, to be crucial to und..

Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7

Zahir Fakir (Md.) and oth¬ers Vs. Hahma Khatun and others, 2013, 42 CLC (HCD)

....urts records along with a copy of this judgment to the concern Court forthwith for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 240   ......urts records along with a copy of this judgment to the concern Court forthwith for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 240   ......gned order of remand vir­tually prolonged the early disposal of the suit for an indefinite period. Thus by overall observation the impugned Judgment and order as passed by the Joint District Judge, 2 Court, Gazipur cannot be sustainable under any provi­sion of law….(12) Case..

Category: Property Law | Date: 25 Jul, 2013 | Hits: 6

Md. Lokman Hakim and Others Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)

....o the writ petitioners. In the result, these rules are made absolute.   However, there shall be no order as to cost. Mohammad Ullah J. - I agree. This Case is also Reported in: ......hese rules are made absolute.   However, there shall be no order as to cost. Mohammad Ullah J. - I agree. This Case is also Reported in: ......o the writ petitioners. In the result, these rules are made absolute.   However, there shall be no order as to cost. Mohammad Ullah J. - I agree. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 25 Jul, 2013 | Hits: 121

Younusuzzaman (Badal) Vs. State and another, 2013, 42 CLC (HCD)

.... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ...... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ......y the proceeding of Sessions Case No.227 of 2009 arising out of C. R. Case No. 766 of 2008 under Section 138 of the Negotiable Instrument Act, 1881, now pending in the Court of 4th Assistant Sessions Judge, Narayangonj, should not be quashed. 2. Facts, relevant for disposal of the Rule, in brie..

Category: Criminal Law | Date: 25 Jul, 2013 | Hits: 140

Chow Wen Chang and others Vs. SF Winsome Fashion Ltd. and others, 2013, 42 CLC (HCD)

....The respondent No.3 is directed to pay cost of Taka 50,000 to petition No.1 and Taka 50,000 to petitioner No. 2 within 30 days. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 584. ......The respondent No.3 is directed to pay cost of Taka 50,000 to petition No.1 and Taka 50,000 to petitioner No. 2 within 30 days. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 584. ......The respondent No.3 is directed to pay cost of Taka 50,000 to petition No.1 and Taka 50,000 to petitioner No. 2 within 30 days. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 584. ..

Category: Company Law | Date: 24 Jul, 2013 | Hits: 10

Bangladesh Development Bank Limited Vs.Judge, Artha Rin Adalat, Jessore and others, 2013, 42 CLC (HCD)

....respondents No.2-4 treating the same as a proper miscellaneous case after hearing both sides forthwith. Communicate at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2013) 1. ......r miscellaneous case after hearing both sides forthwith. Communicate at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2013) 1. ...... Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Ashraful Kamal J Bangladesh Development Bank Limited...................Petitioner Vs. Judge, Artha Rin Adalat, Jessore and others..............Respondents Judgment July 24, 201..

Category: Banking Law | Date: 24 Jul, 2013 | Hits: 10

Sarwar Hossain Moni (Md.) Vs. State and another, 2013, 42 CLC (AD)

....iewed in affirming the judgment and order passed by the High Court Division and accordingly, both these petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 283. ......iewed in affirming the judgment and order passed by the High Court Division and accordingly, both these petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 283. ......inst the petitioner punish­able under section 138 of the Act, 1881. The cases being triable by a Court of Sessions, the records of the cases were transmitted to the Court of Metropolitan Sessions Judge, Dhaka where the cases were numbered as Sessions Case Nos.1901 of 2009 and 1899 of 2009. Event..

Category: Criminal Law | Date: 24 Jul, 2013 | Hits: 8

Zahidul Islam (Md.) Vs. Md. Kamal Hossain and another, 2013, 42 CLC (AD)

....irected to proceed with the trial of the Sessions case in accordance with law and dispose of the same expeditiously. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 180.   ......irected to proceed with the trial of the Sessions case in accordance with law and dispose of the same expeditiously. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 180.   ......re the Chief Metropolitan Magistrate, Rajshahi on 21-6-2007 and he was enlarged on bail. The case being tri­able by a Court of Sessions, the case records were transmitted to the Court of Sessions Judge, Rajshahi. The case was registered as Sessions Case No.416 of 2007. The learned Sessions judge..

Category: Others, Procedural Law | Date: 23 Jul, 2013 | Hits: 9

Shahnaz Parveen and others Vs. Bangladesh, represented by the Secretary, Ministry of Heath and Family Welfare Dhaka and others, 2013, 42 CLC (HCD)

....e benefits to the petitioners counting their service period in the development project. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 157 ......rvice period in the development project. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 157 ......e benefits to the petitioners counting their service period in the development project. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 157 ..

Category: Administrative Law, Employment/Service Law | Date: 8 Jul, 2013 | Hits: 3

Ayurvedia Pharmacy (Dhaka) Ltd. Vs. Meher Banu Bibi and others, 2013, 42 CLC (AD)

....in which deserves our interference. In that view of the matter the petition for leave to appeal is hereby dismissed Ed. This Case is also Reported in: 21 BLT (AD) (2013) 229. ......in which deserves our interference. In that view of the matter the petition for leave to appeal is hereby dismissed Ed. This Case is also Reported in: 21 BLT (AD) (2013) 229. ......5(1) of the Code of Civil Procedure, 1908 where the rule is found to have been discharged with a positive observation that plaintiff of Title Suit No. 145 of 2006 pending before the Joint District Judge, 5"h Court, Dhaka has failed to comply the provision laid down in section 21A(b) of the Speci..

Category: Civil Law | Date: 7 Jul, 2013 | Hits: 13

Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)

....f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129.   ......f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129.   ......he High Court Division in Criminal Appeal No. 3215 of 2004, 3346 of 2004 and 2910 of 2004 affirming the judgment and order of conviction dated 19-7-2004 passed by the Additional Metropolitan Sessions Judge, Fifth Court, Dhaka in Sessions Case No. 1215 of 2002 con­victing the appellants under sec..

Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3

Afazuddin Fakir (Md.) Vs. MH Rahman and others, 2013, 42 CLC (HCD)

....d with the Miscellaneous Case in accordance with law. Send down the lower Court records with copy of this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 581 ......d with the Miscellaneous Case in accordance with law. Send down the lower Court records with copy of this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 581 ......le was issued calling upon the opposite party Nos.1 and 2 to show cause as to why the impugned order dated 24-11 -2010 passed in Miscellaneous Case No. 129 of 2008 (pre-emption) by the Joint District Judge, Court No.1, Rajshahi allowing the application filed by the opposite party Nos.1 and 2 under O..

Category: Property Law | Date: 17 Jun, 2013 | Hits: 4

Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)

....h the above observations. Let a copy of this judgment be communi­cated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ......h the above observations. Let a copy of this judgment be communi­cated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ...... administration of criminal justice. The High Court Division cannot dictate its subordinate courts regulating the purported orders to be passed by it after the appearance of accused. The learned Judges have left nothing for the Tribunal of the Magistrate to decide on the question of bail. The l..

Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3