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Carew and Company (Bangladesh) Limited Vs. Chairman Labour Court and others, 1998, 27 CLC (HCD)

....mpany stating inter alia, that he was appointed as Junior Clerk with effect from 1-12-1972 under the petitioner company. Later he was promoted as Senior Clerk and on 13-4-87 he was promoted as Office Assistant, that on 21-11-84 (28-11-84) an agreement (Annexure-D) was signed between the Bangladesh S......t further delay. The order of stay granted earlier by this Court hereby stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 396. ......t further delay. The order of stay granted earlier by this Court hereby stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 396. ..

Category: Labour and Industrial Law | Date: | Hits: 281

Gazi Wires Ltd. Vs. National Board of Revenue and others, 1998, 27 CLC (HCD)

....titioners were asked to pay 20% excise and regulatory duty on that time onward and that demand notice for the said short levy would be issued in due course for recovery of the same. Subsequently, the Assistant Collector of Customs and Excise, Division-4, Chittagong by his letter dated 20-7-1986 canc......and G to the petition are hereby declared to have been made/passed or issued without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 393.......ise and regulatory duty determined and approved by the Government through the respective zonal officers of the Customs and Excise, Chittagong. The same was accordingly fixed and approved by the Zonal Officers, Customs and Excise, Chittagong for the period of 1981-1986. Thereafter, the company remove..

Category: Fiscal/Taxation Law | Date: | Hits: 169

MA Bari Vs. Chairman, Bangladesh Water Development Board (BWDB) and others, 1998, 27 CLC (HCD)

....fit and proper. 2. The short facts for disposal of this Rule are that the petitioner, after joining in the service of Bangladesh Water Development Board, was promoted to the post of Upper Division Assistant and was posted in the office of Additional commissioner, WAPDA Building, Dhaka. He was the......nnexure-I to the petition has been passed without any lawful authority and is to be of no legal effect. No order is made as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 390....... the petitioner was again transferred as the Private Secretary to the Chairman of the Water Development Board on 10-1-88. It is further stated that the petitioner, was given current charge of Section Officer (Protocol) by the office order dated 7-4-1988, and thereafter he was appointed as such on 13..

Category: Employment/Service Law | Date: | Hits: 184

Karamat Ali and others Vs. Government of People’s Republic of Bangladesh and others, 1997, 26 CLC (HCD)

....f 1996 and 79 of 1997. HR Sharif with Rubaiya Rahman Sharif, Advocates - For the Petitioners (In Writ Petition No.1472 of 1996). Abdul Wadud Bhuiyan, Additional Attorney-General with Mahbub Ali Assistant Attorney-General - For the Respondents. Writ Petition Nos.781 of 1994, 1377 of 1995, 18....... The respondents directed to exclude the property from ‘Kha’ list within 60 (sixty) days from the date of receipt of this order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 372. ......hers Vs. Province of East Pakistan and Secretary, Finance and Revenue Department, Government of East Pakistan, 9 DLR (SC) 21; Waris Meah Vs. State, PLD 1957 (SC) 157; Sheikh Abdus Sabur Vs. Returning Officer, District Education Officer-in-Charge, Gopalganj and others, 41 DLR (AD) 30; Southern Rly Co..

Category: Property Law | Date: | Hits: 150

Major General Moinul Hossain Chowdhury Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)

.... also suffers from inordinate delay. For the above discussion, we reject this petition in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 370. ...... also suffers from inordinate delay. For the above discussion, we reject this petition in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 370. ...... also suffers from inordinate delay. For the above discussion, we reject this petition in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 370. ..

Category: Employment/Service Law | Date: | Hits: 244

Syed Matiur Rahman Motiur Rahman @ Motiur Rahman Vs. State, 1983, 12 CLC (AD)

....Division have rightly affirmed the said decision. We find no reason to interfere with the impugned decision. The appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 329.......Division have rightly affirmed the said decision. We find no reason to interfere with the impugned decision. The appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 329.......inst the remaining accused persons will proceed in Court in accordance with law. The record of the case received with his memo under reference is returned herewith. Sd/-Golam Moula Section Officer." 8. The learned Sessions Judge while refusing to give consent to the withdrawal of the c..

Category: Criminal Law | Date: | Hits: 82

A.S.S. Mohammad Ali Vs. State and another, 1983, 12 CLC (AD)

....he prosecution had already started without the sanction and as such the proceeding is a nullity and liable to be quashed. 3. Facts are as follows: The appellant Joined Bogra Zilla Parishad as Head Assistant and eventually he was promoted as Adminis­trative Officer in the Local Parished Service o......he High Court Division is set aside and the proceeding in Special Case No.15 of 1980 pending before the Special Judge, Bogra is quashed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 324.......s such the proceeding is a nullity and liable to be quashed. 3. Facts are as follows: The appellant Joined Bogra Zilla Parishad as Head Assistant and eventually he was promoted as Adminis­trative Officer in the Local Parished Service on 1.6.64. It appears that in 1978 he was transferred to Rangp..

Category: Criminal Law | Date: | Hits: 81

Abdul Khalek Mia Vs. Maya Debi & others, 1983, 12 CLC (AD)

....e of these persons have become enemy property and vested in the Government and the Government granted settlement of two-fifth share of the suit pre­mises in V.P. Case No.6176 and he paid rent to the Assistant Custodian, Enemy Pro­perty and obtained receipt thereof. The defen­dant contended that t...... In the result therefore this appeal is allowed and the judgment of the High Court Division is set aside without any order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 310....... In the result therefore this appeal is allowed and the judgment of the High Court Division is set aside without any order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 310...

Category: Property Law | Date: | Hits: 113

MA Sattar Vs. State, 1997, 26 CLC (HCD)

....ate……………………Respondent Judgment November 10, 1997. Result: The appeal is allowed. Lawyers Involved: Taimur Alam Khandoker, Advocate - For the Appellant. MA Rouf, Assistant Attorney‑General ‑ For the State. Criminal Appeal No. 903 of 1997 Judgment Si......District Narayangonj be enlarged on the bail on his furnishing bail bond to the satisfaction of the deputy commissioner, Narayangonj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 258.......District Narayangonj be enlarged on the bail on his furnishing bail bond to the satisfaction of the deputy commissioner, Narayangonj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 258...

Category: Criminal Law | Date: | Hits: 90

Agrani Bank Vs. Sultana Jute Mills Limited and others, 1993, 22 CLC (HCD)

....der suffers from legal infirmity and hence not sustainable. In the result, the Rule is made absolute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ......der suffers from legal infirmity and hence not sustainable. In the result, the Rule is made absolute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ...... Result: The Rule is made absolute. Cases Referred to- Ruhul Amin Vs. District Judge, 38 DLR (AD) 172; Begum Lutfunnessa Vs. the People's Republic of Bangladesh, 42 DLR (AD) 86; Assessing Officer Vs. Burmah Eastern Limited, BCR 1982 (AD) 438. Lawyers Involved: Mainul Hosein with Md..

Category: Civil Law | Date: | Hits: 116

Eastern Beverage Industries Ltd. and Others Vs. Bangladesh and others, 1994, 23 CLC (HCD)

....ay frame proper guidelines for giving effect to the intention of the legislature in matters of fixing the capacity and the rate thereof. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 32.......ay frame proper guidelines for giving effect to the intention of the legislature in matters of fixing the capacity and the rate thereof. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 32.......ay frame proper guidelines for giving effect to the intention of the legislature in matters of fixing the capacity and the rate thereof. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 32...

Category: Fiscal/Taxation Law | Date: | Hits: 199

Reza (Md.) Vs. Executive Engineer, Facilities Department, and others, 1997, 26 CLC (HCD)

....cted against order dated 30‑11‑96 passed, by the learned District Judge, Noakhali, in Miscellaneous Appeal No.53 of 1996 staying the operation of the Order dated 23‑11‑96 passed by the Senior Assistant Judge, Sadar, Noakhali, in Title Suit No.289 of 1996 issuing an Order of status quo restra......n the result, the Rule is discharged without any order as to costs. The order of stay, granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 434.......n the result, the Rule is discharged without any order as to costs. The order of stay, granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 434...

Category: Civil Law | Date: | Hits: 93

Moazzem Hossain Vs. State, 1983, 12 CLC (AD)

....peal was not ready for hearing on 28.2.83, it cannot be said that the Deputy Attorney-General committed any contempt by remaining absent on that date. The appeal was not at all ready and there was an Assistant Attorney-General if at all, to answer any query by the Court. Moreover, the Deputy Attorne......er. 34. The appellant has contended that at every step the learned Judges have found some faults with him and tried to magnify them beyond all proportions. He has attribu­ted this attitude of the Presiding Judge of the Bench to an incident which, he stated, took place on 15 December 1982 in a mo......lse statement regarding illness. As to the allegation of addressing the Deputy Registrar direct seeking adjourn­ment on ground of illness, he has explained that the Deputy Registrar was an Executive Officer and not a Court and that he made the correspondence with the Deputy Registrar because of urg..

Category: Criminal Law | Date: | Hits: 116

M/s. Railway Men's Stores Ltd., & another Vs. Chairman, La­bour Court, Chittagong & another, 1977, 6 CLC (AD)

....of the Constitution. In the result, the appeal is allowed without any order as to costs. The order of the Labour Court is set aside. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 251. ......of the Constitution. In the result, the appeal is allowed without any order as to costs. The order of the Labour Court is set aside. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 251. ......of the Constitution. In the result, the appeal is allowed without any order as to costs. The order of the Labour Court is set aside. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 251. ..

Category: Labour and Industrial Law | Date: | Hits: 167

Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)

....hmidt, (1882) 2 QBD 603. Lawyers Involved: Moinul Hosein and Md. Joynal Abedin, Advocates, Supreme Court, instructed by Md. Aftab Hossain, Advocate on Record - For the Appellant. B. Hossain, Assistant Attorney-General, instructed by A.W. Mallik, Advocate on Record - For the Respondent. ......ed, JJ; I concur with the decision of Shahabuddin Ahmed, J. ORDER OF THE COURT By the majority judgment, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 284.......violation of the Bank's Rules and against the credit restriction imposed by the Bangladesh Bank". It was mentioned that the accused Manager did not take any approval, from the Head Office or Regional Officer and he, it was alleged “illegally and fraudulently and with intention to defraud the Bank,..

Category: Criminal Law | Date: | Hits: 95

A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)

....h such a glory. The respondents are restrained from leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:......h such a glory. The respondents are restrained from leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:......h such a glory. The respondents are restrained from leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:..

Category: Property Law | Date: | Hits: 159

Oli Ahmed Vs. State, 2012, 41 CLC (HCD)

........ Opposite Party Judgment June 13, 2012. Result: This jail appeal is allowed. Lawyers Involved: Zinat Akhter Nazley Begum, Advocate - for the appellant. Yousuf Mahmud Morshed, Assistant Attorney General - for the respondent. Jail Appeal No. 1836 of 1996 Judgment Md. ......ed is set aside. The appellant is acquitted of the charge leveled against him. Send down the records of lower Court. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......uffer rigorous imprisonment for three months more. By the same judgment, learned Assistant Sessions Judge also convicted and sentenced two others co-accused. 2. Informant Serajul Haque finding the Officer-in-charge of Chokoria Police Station, Cox’s Bazar available at the office of Taitong Union..

Category: Criminal Law | Date: | Hits: 95

Mohibul Alam Vs. State, 2012, 41 CLC (HCD)

.... Judgment May 13, 2012. Result: The jail appeal is dismissed. Lawyers Involved: No one appears - for the appellant. Khizir Hayat, Deputy Attorney General with Yousuf Mahmud Morshed, Assistant Attorney General- for the respondent. Jail Appeal No. 1050 of 2008 Judgment Md. R......ions Judge, Court No. 3, Kushtia in Session Case No.86 of 2007 is maintained. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......e chest pocket of the appellant. He proved his signature on the seizure list. But in the contrary, he denied to see any recovery in his cross-examination. 8. P.W. 5 Faruk Sultan, the Investigating Officer stated that after he was assigned to investigate the case, he visited the place of occurrenc..

Category: Criminal Law | Date: | Hits: 81

Md. Tarique Aziz Vs. State, 2012, 41 CLC (AD)

.... State ... ........Opposite Party Judgment March 15, 2012. Result: The jail appeal is allowed. Lawyers Involved: Hasna Begum, Advocate - for the appellant. Yousuf Mahmud Morshed, Assistant Attorney General - for the opposite party. Jail Appeal No. 343 of 2007. Judgment ...... against him and be set at liberty forthwith, if not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......ance Act and sentenced each of them there under to suffer rigorous imprisonment for fifteen years. 2. Facts leading to this appeal, in brief, are that the informant Md. Mosharrf Hossain, a Warrant Officer deputed to RAB-5 produced three persons along with 3978 detonators to Godagari Police Statio..

Category: Criminal Law | Date: | Hits: 119

SM Kamaluddin Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)

....­ty to the assessee applicant to controvert the same." 20. In the case of Hotel Samrat cited above this Division held that— "It further be noted that admittedly in the instant case the Extra Assistant Commissioner of Taxes and the Appellate Tribunal although relied upon the Inspector's repo...... questions in the negative and against the revenue department and in favour of the assessee. The par­ties shall bear their own cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 191. ...... 18. In the case of Seth Gurmukh Singh and another Vs. the Commissioner of Income Tax, Punjab [1944] 12 ITR 393 (Lahore) in a Special Bench of five Judges it was held, inter alia, that an Income-tax Officer is not bound to rely on such evidence produced by the assessee as he considers to be false. ..

Category: Fiscal/Taxation Law | Date: | Hits: 151