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Md. Moshiur Rahman Khan Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (HCD)
....izations, appointing the respondent No.4, the Additional Deputy Commissioner(Revenue),Dhaka, as the Administrator of Bangladesh Mudran Shilpa Samity should not be declared to have been issued without lawful authority and is of no legal effect and/ or pass such other or further order or order of this......iction) Present: Md. Imman Ali J Md. Abu Tariq J Md. Moshiur Rahman Khan, Son of A.K.M. Altaf Hossain Khan, Elected Chairman of Bangladesh Mudran Shilpa Samity, 120, Arambagh, Dhaka-1000 and others ………………Petitioner S.M. Mohsin, Son of Md. Rezaul Haque Sarker, Senior Vice-......evenue),Dhaka, as the Administrator of Bangladesh Mudran Shilpa Samity should not be declared to have been issued without lawful authority and is of no legal effect and/ or pass such other or further order or order of this Court may seem fit and proper. 2. It has been asserted in the Writ Petitio..Category: Business or Commercial Law | Date: | Hits: 72
Erria Shipping Pte Ltd. and another Vs. Lever Brothers (Bangladesh) Ltd., 2009, 38 CLC (HCD)
....e consignment. The defendant vide letter dated 30-7-1979 repudiated the claim and stated that they are not liable for the aforesaid short delivery and, as such, the claim is not tenable in the eye of law. As the defendants are not at all willing to settle the claim of the plaintiff and since the los......ase is also Reported in: 61 DLR (HCD) (2009) 801. ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦. Appellants Vs. Lever Brothers (Bangladesh) Ltd ……………………….. Respondent Judgment February 11, 2009. Result: The appeal is allowed without any order as to cost. Cases Referred to- 9 BLC 218; 11 BLC 83; 5 BLC 579; 1990 BCR 194. L..Category: Admiralty Law or Maritime Law | Date: | Hits: 69
Zastat Limited Vs. Customs Excise and VAT Appellate Tribunal and others, 2011, 40 CLC (HCD)
....smissing the appeal and affirming the order dated 22-1-2007 passed by the Respondent No.2 vide Nathi No.4th VAT 12(35)/Zastat Ltd./CF:COM/06/115 should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The background leading to the issuance of the Rule...... High Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Zastat Limited…………………………..Petitioner Vs. Customs Excise and VAT Appellate Tribunal and others…………………Respondents Judgment January 31, 201......astat Limited a private limited company engaged in the business of tourism invoked this writ petition upon which this Rule was issued calling upon the Respondents to show cause as to why the impugned order dated 14-11-2007 passed by the Respondent No.1 vide Nathi No. Customs Excise and VAT Appellate..Category: Fiscal/Taxation Law | Date: | Hits: 40
Joynal Abedin Vs. State, 2011, 40 CLC (HCD)
....sed Joynal Abedin under section 19(a) and 19(f) read with section 19A of the Arms Act, 1878 and charge was read over and explained to the accused who pleaded not guilty and claimed to be tried as per law. 6. After the closure of recording of evidence, the accused have been examined under section ...... No.5566 of 2007. Judgment Siddiqur Rahman Miah J.- This Rule arises out of an application filed by the petitioner under section 561A of the Code of Criminal Procedure for quashing the Judgment and order dated 24-1-2007 passed by the learned Judge, Special Tribunal No.3. Chittagong in Special ......5566 of 2007. Judgment Siddiqur Rahman Miah J.- This Rule arises out of an application filed by the petitioner under section 561A of the Code of Criminal Procedure for quashing the Judgment and order dated 24-1-2007 passed by the learned Judge, Special Tribunal No.3. Chittagong in Special Case..Category: Criminal Law | Date: | Hits: 36
Bangladesh Indenting Agent Association and another Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....r the signature of respondent No.3 making administrative direction for deducting VAT at source from the earnings of the members of the petitioner No.1 (Annexure-G) shall not be declared to be without lawful authority and are of no legal effect. 2. The petitioner No.1 is Bangladesh Indenting Agent...... DLR (HCD) (2012) 389. ...... object to promote, protect and safeguard the interest of the indenting Agent in Bangladesh. The Government promulgated the importers, Exporters and Indentors Registration Order, 1981 and in the said order Article 2 defines meaning of indentors which includes a firm, institution, body, organization,..Category: Fiscal/Taxation Law | Date: | Hits: 51
Shamsur Rahman Khan & others Vs. Govt. of Bangladesh & another, 1983, 12 CLC (HCD)
....sional application and obtained this Rule. 3. Mr. Syed Shamsur Rahman, the learÂned Advocate has appeared on behalf of the petitioners. He submits that both the Courts below committed an error of law dismissing the suit of the plaintiffs inasmuch as the order of acquisition of the suit land is w...... Result: The rule is discharged. Cases Referred to- Prov. of E. Pak. Vs. The Secretary Muktagacha Abbasia Senior Madrasa, 16 DLR (SC) page 281; Prov. of E. Pakistan Vs. Md. Shahabuddin Gazi and others, 25 DLR page 284; 25 DLR at pages 248 and 476. Lawyers Involved: Syed Shamsur Rahma...... Parties. Civil Revision No.806 of 1979. Judgment Abdul Matin Khan Chowdhury J.- This rule was issued calling upon the Deputy Commissioner Jessore to show cause with the Judgment and order passed by the learned Subordinate Judge, Jessore on 18.6.79 in Misc. Appeal No.6/79 affirming ..Category: Property Law | Date: | Hits: 19
....ed the appeal.
5. Mr. Shehabullah with Mr. Moqbul Ahmed, the learned Advocate appearing on behalf of the defendant-appellants has subÂmitted that the Court of appeal below commitÂted an error of law in affirming the decree of the trial solely on the basis of entries in the C.S. Khatian inasmuch...... with Faruque Ahmed - For the respondents.
Appeal from Appellate Decree No.770 of 1959.
Judgment
Sultan Hossain Khan J.- This appeal by the defendants is directed against the Judgment and decree passed by the learned Additional District Judge, Comilla (Tripura) affirming those of the......ions of the learned Advocate for the appellants appear to be without any substance. I do not find any error of law or of procedure in the Judgment.
This appeal is accordingly dismissed without any order as to cost.
Ed.
This Case is also Reported in:35 DLR (HCD) (1983) 295.
..
Category: Procedural Law | Date: | Hits: 25
Md. Arif Hossain and others Vs. Bangladesh, 2009, 38 CLC (HCD)
....w cause as to why order dated 17.05.2006 passed by the First Court of Settlement, Dhaka in Case No.362 of 1989 dismissing the case for non prosecution should not be declared to have been made without lawful authority and is of no legal effect. 2. Thirteen petitioners in the instant writ petition ......ion (Special Original Jurisdiction) Present: Mir Hashmat Ali J Md. Nuruzzaman J Md. Arif Hossain, Son of Late Noor Hossain, Village-Amirabad, Police Station-Keraniganj, District-Dhaka and others……………………………………Petitioner Vs. Bangladesh, Represented by......lur Rahman (Helal), Advocate - For the Respondents. Writ Petition No.7913 of 2007. Judgment Mir Hashmat Ali J.- This Rule nisi was issued calling upon the Respondents to show cause as to why order dated 17.05.2006 passed by the First Court of Settlement, Dhaka in Case No.362 of 1989 dismiss..Category: Procedural Law | Date: | Hits: 24
....cle 102 of the Constitution of the People's Republic of Bangladesh, a Rule nisi was issued calling upon the Respondents to show cause as to why they should not be directed in line with the applicable laws and rules as mentioned in the cause title to protect the rivers Piain, Dawki and Dhala flowing ......resent:
Syed Mahmud Hossain J
Quamrul Islam Siddiqui J
Bangladesh Environmental Lawyers Association (BELA)………………………………..Petitioner
Vs.
Government of Bangladesh and others…………………………………Respondent
Judgment
January 14, 2010.
Re......hanized excavators had been causing to the once pristine area of Jaflong. On the face of such public protests and media coverage, Respondent No.5 at a meeting held on 1.2.2009 prohibited till further order, the use of excavator machines in areas adjacent to the above rivers flowing through Bholaganj..
Category: Environmental Law | Date: | Hits: 362
Rezia Begum Vs. Abu Sayed and others, 2006, 35 CLC (HCD)
....plaintiff-petitioner failed to show that if injunction is not granted that would cause irreparable loss and injury to her and the balance of convenience and inconvenience is in her favour. 10. The law is now well settled that in order to get an injunction the applicant has to show that she has a ......gh Court Division (Civil Revisional Jurisdiction) Present: Syed Amirul Islam J Sheikh Abdul Awal J Rezia Begum…………………………….Plaintiff-Petitioner Vs. Abu Sayed and others……………………………….Defendant Opposite-Parties Judgment March 29, 2......€¦â€¦â€¦.Plaintiff-Petitioner Vs. Abu Sayed and others……………………………….Defendant Opposite-Parties Judgment March 29, 2006. Result: The Rule is discharged. In order to get an injunction the applicant has to show that she has a prima-facie case to go to the tr..Category: Procedural Law | Date: | Hits: 26
Dinesh Bhandu Sen Gupta and another Vs. State and another, 2006, 35 CLC (HCD)
....iry report the learned Magistrate, 1st Class, Comilla took cognizance under section 448/385/527/506 of the Penal Code and issued process against the accused petitioner and ultimately in due course of law the case record was transferred to the Court of learned Sessions Judge, Comilla for trial. Mr. A......nce. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 270. ...... of 2004 under Sections 448/385/427/506 of the Penal Code pending before the Sessions Judge, Comilla shall not be transferred to the Court of Sessions Judge, Brahmanbaria and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Mr. Rafi Ahmed, the learned A..Category: Criminal Law | Date: | Hits: 18
Md. Maksudur Rahman @ Masud and others Vs. State, 2007, 36 CLC (HCD)
.... Kotwali Police Station, Barisal alleging, inter alia, that on 18.12.2000 at about 8:00 p.m. informant's daughter Mohoshena Begum @ Era aged about 5 years was lost from the residence of his father-in-law of Kashipur, Chahutpur, About this incident the informant's brother-in-law Md. Alauddin register...... Case is also Reported in: 13 MLR (HCD) (2008) 261. ...... Kotwali Police Station Case No.69 dated 27.12.2000, corresponding to G.R. No.697 of 2000 now pending in the Court of Magistrate, 1st Class, Barisal should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. One Iqbal Kabir lodged an ej..Category: Criminal Law | Date: | Hits: 24
Moinuddin & others Vs. State, 2007, 36 CLC (HCD)
....ttal, he is now discharged from his bail bond. Let a copy of the Judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 67. ......€¦â€¦â€¦Respondent Judgment July 29, 2007. Result: The Death Reference No.56 of 2003 is rejected. The Jail Appeal No.361 of 2003 is dismissed. The Criminal Appeal No.2140 of 2003 and Jail Appeal No.497 of 2003 are allowed. Lawyers Involved: Md. Mozammel Huq, Deputy Attorne......l Appeal No.361 of 2003 against his death penalty. The convict Habibur Rahman preferred Jail Appeal No.497 of 2003 and convict Harun preferred Criminal Appeal No.2140 of 2003 against the Judgment and order of conviction and sentence dated 27-5-2003 passed by the learned Additional Sessions Judge, 3r..Category: Criminal Law | Date: | Hits: 24
Narayan Dash Vs. Md. Mostofa and others, 2007, 36 CLC (HCD)
....and others reported in 49 DLR 456. 8. Mr. JK Paul, the learned Advocate appearing for the petitioner, submits that the trial Court rightly dismissed the suit but the appellate Court below erred in law in decreeing the suit setting aside the Judgment and decree of the trial Court erroneously withÂ...... (2008) 63. ......m 1-5-1997 to 30-4-1999 and when he came to join the school to his post on 2-5-1999, defendant No.1 informed him that the school committee removed him from his post appointing the defendant No.1 vide order dated 14-6-1997. The plaintiff was thus constrained to institute the suit challenÂging the sa..Category: Employment/Service Law | Date: | Hits: 29
Engineer Shaikh Rubaiyet Islam Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....uipment Workshop and Garage within Workshop Complex at permanent Port Site, Mongla, Bagerhat already done and comÂpleted by the petitioner as per work orders should not be declared to be without any lawful and/or such other or further order or orders passed as to this Court may seem fit and proper....... Vs. Bangladesh & others……………………Respondents Judgment April 11, 2010. Result: The rule is discharged. Cases Referred to- Bangladesh Water Development Board and others Vs. Golam Rabbani Khan and others, in Civil petition for Leave to Appeal No.1354 of 2006;......d work and final bill for the construction of Equipment Workshop and Garage within Workshop Complex at permanent Port Site, Mongla, Bagerhat already done and comÂpleted by the petitioner as per work orders should not be declared to be without any lawful and/or such other or further order or orders ..Category: Alternative Dispute Resolution | Date: | Hits: 96
Mark Parco and others Vs. State and another, 2007, 36 CLC (HCD)
....ef Metropolitan Magistrate Chittagong so far as it relates to the accused petitioners is quashed. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 350. ......upreme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Sharif Uddin Chaklader J Sheikh Abdul Awal J Mark Parco, Managing Director APL (Bangladesh) Pvt. Ltd. and others…………….Petitioners Vs. 1. The State……………opposite party 2. Maxi......de pending in the Court of Chief Metropolitan Magistrate, Chittagong. 2. A lengthy complaint was made by the complainant, Maxim Ltd. against the accused petitioners and others alleging that as per order placed by accused No.9, Bugle Bey Industries Inc through L/C No.DC HKH 673495 dated 29.10.2000..Category: Criminal Law | Date: | Hits: 114
Sabina Rahman Mukti and others Vs. State, 2007, 36 CLC (HCD)
.... Case No.52 dated 13.03.2002, now pending in the Court of Magistrate, 1st Class, Sylhet is quashed. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 347. ......d. This Case is also Reported in: 13 MLR (HCD) (2008) 347. ...... to show cause as to why the proceedings of Kotwali Police Station Case No.52 dated 13.03.2002 pending in the Court of Magistrate, 1st Class, Sylhet should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper 2. The short fact leading to this Ru..Category: Criminal Law | Date: | Hits: 114
Md. Rafiqullah & another Vs. State, 1986, 15 CLC (HCD)
.... accused persons on the expiry of the statutory period of limitation ought to have been released under sub-section (4) of section 339C of the Code of Criminal Procedure, that there is no provision in law for the investigating Officer to split up the charge sheet, that the statutory period of limitat...... Vs. The State………………………………Opposite Party Judgment January 6, 1986. Result: The application is rejected. Cases Referred to- Nader Ali Shaikh Vs. The State and another, 1984 BLD (AD) 1; Una Rindu Bhikku Vs. Abdul Hakim Howlader, BCR 1984 (AD) 159. Lawy......amount of Tk. 1,59,252/- by issuing as many as 400 false vouchers agaÂinst fake persons during the period of 1979-1983. On 29.12.83 the Chief Metropolitan Magistrate, Chittagong passed the following order. "C.S. No.203 dt. 22.12.83 U/s. 408/467/468/420/109 PC. & Sec. 5(2) of Act 11/47 received a..Category: Criminal Law | Date: | Hits: 144
Sheringir Mollah and others Vs. State, 2006, 35 CLC (HCD)
....tted of the charge levelled against them. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 341. ......d. This Case is also Reported in: 13 MLR (HCD) (2008) 341. ......ellants namely (1) Sherengir Mollah, (2) Manjur Mollah, (3) Jhantu Mollah, (4) Mintoo Mollah, (5) Safrul Mollah,(6) Akram Mollah and, (7) Dabir Fakir have challenged the propriety of the Judgment and order dated 04-03-1992 passed by the learned Sessions Judge, Bagerhat in Session Case No.01 of 1991 ..Category: Criminal Law | Date: | Hits: 127
Yunus Ali and another Vs. State, 2008, 37 CLC (HCD)
....ssion of the accused appellants by reliable and independent witnesses and that the mandatory provisions of section 103 of the Code of Criminal Procedure have not been complied with in accordance with law. It is further submitted that investigation of the case is highly defective and doubtful; that t......Case is also Reported in: 61 DLR (HCD) (2009) 793. ...... of 2002. Judgment Siddiqur Rahman Miah J. - This Criminal Appeal under section 30 of the Special Powers Act, 1974 at the instance of Yunus Ali and Shawkat are directed against the judgment and order dated 16-9-2002 passed by the Special Tribunal No. 2, Khulna in Special Tribunal Case No. 319 ..Category: Criminal Law | Date: | Hits: 134
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