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Akramuzzaman Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)

....9. Result: The Rule is discharged. Cases Referred to- Dr Nurul Islam Vs. Bangladesh 33 DLR (AD) 201; Bangladesh Vs. Safiuddin 50 DLR (AD) 27; Erusian Equipment and Chemicals Ltd Vs. the State AIR 1975 (SC) 226; Rasbihari Panda Vs. State of Orissa AIR 1969 (SC) 1081; Ramana Vs. Authority ......notices inviting second, third and fourth tender on 17-5-99, 1-6-99 and 13-6-99 respectively for leasing out IWTA ghat points and Canal Toll Stations for the period from 1-7-99 to 30-6-2000 but every time the said Canal Toll Station was excluded. 6. The petitioner had been anxiously waiting for f......ing which it had already collected tolls. With this direction the Rule is discharged without any order as to costs. Stay is vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 209.......ing which it had already collected tolls. With this direction the Rule is discharged without any order as to costs. Stay is vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 209...

Category: Others | Date: | Hits: 170

Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)

.... Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357.......ning the government service as per government’s decision of seniority of surplus personnel as published in the office memorandum No.ED(R- 11)S-59/77-25(500) dated 20-3-97 Annexure Z-6. 3. At the time of hearing of the Rule the learned Advocate for the petitioner prays that he does not press the......titioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357.......titioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357...

Category: Employment/Service Law | Date: | Hits: 186

Bangladesh Vs. CMA CGM Bangladesh Shipping Limited, 2009, 38 CLC (AD)

....passed by the High Court Division in Writ Petition No.9537 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 673. ......f strong external pressure, which has been largely published in a local media recently, the competent authority decided to suspend the shipping licence issued to CMA CGM for an indef­inite period of time. Furthermore, it is stated that more generally, it sends a very bad signals to foreign investor......the order dated 01.12.2008 passed by the High Court Division in Writ Petition No.9537 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 673. ......the order dated 01.12.2008 passed by the High Court Division in Writ Petition No.9537 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 673. ..

Category: Administrative Law | Date: | Hits: 318

Jamaluddin (Md.) Vs. Income Tax Appellate Tribunal, Chittagong Branch, Chittagong, 1997, 26 CLC (HCD)

.... High Court Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Amirul Kabir Chowdhury J Jamaluddin (Md.)…………………Petitioner Vs. Income Tax Appellate Tribunal, Chittagong Branch, Chittagong………………Respondent Judgment January 14, ...... deposits 50% of the tax demand created as a liability against him. It is, therefore, quite clear that the amended provision has definitely curtailed the right of appeal enjoyed by an assessee at the time when the lie in the present cases commenced, namely, on various dates in the year 1962. In our ......ndent is directed to entertain, hear and dispose of the appeal preferred by the petitioner in respect of assessment year 1987‑1988. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 279. ......ndent is directed to entertain, hear and dispose of the appeal preferred by the petitioner in respect of assessment year 1987‑1988. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 279. ..

Category: Fiscal/Taxation Law | Date: | Hits: 221

Janapriya Rice Mills Ltd and 2 others Vs. Bangladesh, 1996, 25 CLC (HCD)

.... Amirul Kabir Chowdhury J Janapriya Rice Mills Ltd and 2 others………………………Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Food, Bangladesh Secre­tariat, Dhaka & others……………………………Respondents Judgment December 2, 1996. ......eement within 15 days for milling paddy. Without complying with the said direction petitioner of each of the Rules after several months prayed for allowing it lesser quantity of paddy. But in the meantime Government having decided to increase Bank Guarantee to 100% of the value of the paddy, petitio...... passing the impugned order. We therefore find no merit in these Rules. In the result, all the Rules are discharged with costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 277. ...... passing the impugned order. We therefore find no merit in these Rules. In the result, all the Rules are discharged with costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 277. ..

Category: Others | Date: | Hits: 146

State Vs. Abul Howlader, 1995, 24 CLC (HCD)

....(eight) years. The jail appeal being Jail Appeal No.1251 of 1992 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 257.......law and mother‑in‑law accused Abul then entreated his wife Khodeja to accompany him with his child. There was a hot altercation between them and Khodeja refused to accompany him. At that point of time Abul being enraged took up a dao and gave a dao blow on Khadeja which by accident hit the newly......rom death penalty to that of rigorous imprisonment for 8 (eight) years. The jail appeal being Jail Appeal No.1251 of 1992 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 257.......rom death penalty to that of rigorous imprisonment for 8 (eight) years. The jail appeal being Jail Appeal No.1251 of 1992 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 257...

Category: Criminal Law | Date: | Hits: 97

British Airways Plc. Vs. Bangladesh Air Services Pvt. Ltd., 1996, 25 CLC (HCD)

....udgment February 8, 1996. Result: The rule is made absolute. Cases Referred to- Michael Golodetz Vs. Serajuddin and Co., AIR 1963 (SC) 1044; Rabindra N. Maitra Vs. Life Insurance Corporation of India, AIR 1964 (Cal) 141; the Eleftheria Vs. Owners of Ship or Vessel, (1969) 2 All ER 641......from March 1, 1994. Thereafter Bangladesh Air Services Ltd. gave notice of arbitration and nominated Mr. TH Khan, a senior Counsel of the Supreme Court, as arbitrator, but the British Airways at that time did not object to the nomination or appointment of Mr. TH Khan and after expiry of the prescrib......e, Dhaka, in Arbitration Misc. Case No.368 of 1994/37 of 1994 is set aside. Send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 249. ......e, Dhaka, in Arbitration Misc. Case No.368 of 1994/37 of 1994 is set aside. Send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 249. ..

Category: Alternative Dispute Resolution | Date: | Hits: 304

M/s Shorhab Vegetable Oil Refinery Limited Vs. Artha Rin Adalat and others, 2007, 36 CLC (HCD)

....n (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Abu Tariq J M/s Shorhab Vegetable Oil Refinery Limited……………………….Petitioner Vs. Artha Rin Adalat and others………………………Respondents Judgment August 14, 2007. Result: Th......the pledge goods of this petitioner after making inspection and inventory thereof by competent person/persons or by any competent agency in presence of both the parties. 9. The stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD)...... by any competent agency in presence of both the parties. 9. The stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 537....... by any competent agency in presence of both the parties. 9. The stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 537...

Category: Civil Law | Date: | Hits: 120

Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

....Records are sent down. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 506; 13 BLC (HCD) (2008) 1. ......n of property as ejectable monthly tenants. Plaintiff demanded rent from tenants Defendants. Defendants expressed their financial difficulty and requested Plaintiff with folded hands to wait for some time Fourth-Twelfth Defendants mounted endeavour to get lease of "B" schedule property from Assistan......dge, Dhaka seeking, following relief's: a. A decree may be passed in favour of Plaintiff and against Defendants, by confirming, possession of Plaintiff on "A" schedule property. b. A decree for recovery of khas possession may be passed in favour of Plaintiff and against Defendants Nos.4-12 in ......ri Rani Basak asserted that name of her father is Kala Chand Basak and name of her grand­father is Krishna Chandra Basak and her father drew his last leaving her as the only heir and she inherited 5 arms 6 gondas 2 karas and 2 Krantees share as heir horn her father. Testimony in cross-examination i..

Category: Procedural Law | Date: | Hits: 108

Anwar Hossain (Md.) Vs. Secretary, Ministry of Finance, (Internal Resources Division) and others, 1994, 23 CLC (HCD)

....€¦â€¦.…….Respondents Judgment March 20, 1994. Result: The Rule is discharged. Cases Referred to- 46 DLR 282; 21 DLR (SC) 225. Lawyers Involved: Shaikh Razzaque Ali, Advocate ‑ For the Petitioner. None - For the Respondents. Writ Petition No.40 or 1990 (Jessore)....... 3. The capacity or number of seats of the hall was 1023. Accordingly capacity tax was required to be paid to the Capacity of the Customs and Excise of the district. The Capacity Tax was raised from time to time by the Government after notification made in this behalf. The other relevant facts as s......oner is not entitled to the relief sought in the writ petition. In the result the Rule is discharged without any order as to costs Ed. This case is also Reported in: 49 DLR (HCD) (1997) 321. ......oner is not entitled to the relief sought in the writ petition. In the result the Rule is discharged without any order as to costs Ed. This case is also Reported in: 49 DLR (HCD) (1997) 321. ..

Category: Fiscal/Taxation Law | Date: | Hits: 278

Abdur Razzaque Vs. State and another, 1982, 11 CLC (HCD)

.... High Court Division (Comilla Bench) (Criminal Revisional Jurisdiction) Present: ATM Afzal J Mohammad Abdur Rouf J Abdur Razzaque……………………… Petitioner Vs. State and another………………………… Opposite party Judgment November 9, 1982. Res......ted in the controversy raised is section 193 (1) of the Code of Criminal Procedure which reads as follows: "193. (1) Except as otherwise expressly provided by this Code or by any other law for the time being in force, no Court of Sessions shall take cognizance of any offence as a Court of origina......nd. Let the trial proceed against the other accused. Let the records be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 103. ......nd. Let the trial proceed against the other accused. Let the records be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 103. ..

Category: Criminal Law | Date: | Hits: 110

Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)

....is Judgment and report compliance. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 51. ......f Anwarul Huq Khan Vs. Government of Bangladesh reported in 31 DLR 21 submits that the respondents put the petitioner under suspension on 10.06.2004 but no proceeding has been drawn up as yet and the time for concluding the proceeding is 180 days under Regulation No.10 which have elapsed long before......vice and to implement this order as per rules within 30 days from the date of receipt the copy of this Judgment and report compliance. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 51. ......vice and to implement this order as per rules within 30 days from the date of receipt the copy of this Judgment and report compliance. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 51. ..

Category: Employment/Service Law | Date: | Hits: 165

Abdul Gani alias Ganya Vs. State, 2006, 35 CLC (HCD)

.... Court High Court Division (Criminal) Present: Md. Ali Asgar Khan J Md. Emdadul Huq J Abdul Gani alias Ganya………………………………..Convict Appellant Vs. The State………………………………....Respondent Judgment May 16, 2006. Result: The......the offence committed under Section 19A of the Arms Act. In convicting and sentencing the convict appellant the learned Judge of the Tribunal relied upon the evidence of P.Ws. who were present at the time of apprehension and recovery of the pipe gun along with 10 rounds of bullets. 14. The learne...... been examined to prove the prosecution case. Of them P.W.1 S.I. Syed Mahbubur Rahman is the informant and the investigating officer. He has corroborated the F.I.R. case as stated above regarding the recovery one pipe gun and 6 rounds of bullets of 303 rifle and 4 bullets of S.L.R. from the possessi......nt while one Raksha and a dao including an axe were recovered from the co-accused. They then arrested the accused persons including the convict appellant and prepared seizure list by seizing the said arms and ammunition through seizure list Ext.1. They then proceeded towards Thana along with convict..

Category: Criminal Law | Date: | Hits: 102

State Vs. Raisuddin and others, 1996, 25 CLC (HCD)

....ther case. The jail appeal being Jail Appeal No.1025/992 is also allowed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 517. ...... is not at all sustainable in law. The prosecution totally failed in pr6ving the case beyond all shadow of reasonable doubt. Mr. Khan argued that the prosecution failed to prove the place, manner and time as alleged. Mr. Khan argued that the means of recognition is highly doubtful and no conviction ...... liberty forthwith if not wanted in connection with any other case. The jail appeal being Jail Appeal No.1025/992 is also allowed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 517. ......his person. Abu Baker Siddique was found in the house of Hashmat Bhuiyan Chairman with burn injuries and other injuries. He was still alive who gave out that accused Aman, Raisuddin, Morshed, Pachu, Rarmsuddin and Mofizuddin caused such burning and other injuries on his person. Habibullah was found ..

Category: Criminal Law | Date: | Hits: 104

Bangladesh Vs. Hosne Ara Begum and others, 1994, 23 CLC (HCD)

....Opposite Parties Judgment May 8, 1994. Result: The Rule is discharged. Lawyers Involved: AY Salehuzzaman, Deputy Attorney‑General - For the Petitioner. Md. Zakir Hossain, Advocate ‑ For the Opposite Party No.1. Civil Revision Case No. 384 of 1994. Judgment Md. Moz......efendant Nos.1 to 4 inherited the suit property. The defendant No.1 to 4 entered into an agreement with the plaintiff on 6‑7‑1993 for selling the suit property at a price of Taka 80,000.00 at the time of execution of the deed of agreement the entire consideration money was paid to the defendant ...... below are hereby affirmed. There will be no order as to costs. Let the LC records be immediately sent down to the trial Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 511. ...... below are hereby affirmed. There will be no order as to costs. Let the LC records be immediately sent down to the trial Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 511. ..

Category: Property Law | Date: | Hits: 157

Tohfa Khatun and others Vs. Moulavi Mukhilisur Rahman and others, 1997, 26 CLC (HCD)

....reby vacated. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 315. ......determining the real question in controversy between the parties, the learned Subordinate Judge most illegally rejected the application for amendment. The learned Advocate further submits that at the time of filing the written statement the defendant petitioners had title and interest to the extent ......d circumstances of the case there will be no order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 315. ......d circumstances of the case there will be no order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 315. ..

Category: Procedural Law | Date: | Hits: 118

Dilruba Aktar Vs. AHM Mohsin, 2003, 32 CLC (HCD)

....and revenue. Lower Court's Record be sent down as immediately as possible. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 568.......ce on the record and the facts and circumstances of the case this Court might well have come to a different conclusion if it was trying the case." 12. Rule of non interference, with the passage of time under compelling circumstances, has been departed by Superior courts of the Sub‑continent. Go......mount if not so paid shall be recoverable as arrears of land revenue. Lower Court's Record be sent down as immediately as possible. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 568.......mount if not so paid shall be recoverable as arrears of land revenue. Lower Court's Record be sent down as immediately as possible. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 568...

Category: Family Law | Date: | Hits: 165

State Vs. Md. Mobarak Ahmed Chowdhury, 2007, 36 CLC (AD)

.... of the learned Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 275. ......going to bazar for marketing. This fact coupled with the circumstances of the case and the evidences of the P.Ws. have proved beyond reasonable doubt that the condemned prisoner was not insane at the time when he murdered his brother, Md. Bashir Ahmed Chowdhury by inflicting rod blow on his left hea......tance in the submissions of the learned Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 275. ......tance in the submissions of the learned Deputy Attorney General for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 275. ..

Category: Criminal Law | Date: | Hits: 79

Alhaj Abdul Awal Ratan and another Vs. Abdul Mannan Mia and others, 2008, 37 CLC (AD)

....stance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 272. ......ue of the case land was much higher than the amount mentioned in the kabala and as such, rightly disbelieved the impugned kabala as sub-kabala money was not the existing value of the case land at the time of kabala; that the lower appellate Court has considered the registered deed of re­conveyance ......he above, we find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 272. ......he above, we find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 272. ..

Category: Property Law | Date: | Hits: 88

M. M. Mahboob and others Vs. Sk. Abdur Rashid and others, 2004, 33 CLC (AD)

....ng the Rule absolute. In the result, we find substance in the appeal and accordingly, the appeals are allowed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 266. ......nd as such the High Court Division was wrong in not discharging the rule despite of its own finding that it was impossible to declare that the promotion of the appellants were illegal due to lapse of time. 7. Mr. Rokonuddin Mahmood also submits that the appellant's promotion having been recommend......ected themselves in making the Rule absolute. In the result, we find substance in the appeal and accordingly, the appeals are allowed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 266. ......ected themselves in making the Rule absolute. In the result, we find substance in the appeal and accordingly, the appeals are allowed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 266. ..

Category: Employment/Service Law | Date: | Hits: 149