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Dhaka Steel Works Ltd. Vs. Commissioner of Taxes, Dhaka (North Zone) Dhaka, 1992, 21 CLC (HCD)

....hall deliver its judgment thereon containing the grounds on which such decision is founded and shall send a copy of such judgment under the seal of the Court and the signature of the Registrar to the Appellate Tribunal which shall pass such orders as are necessary to dispose of the case conformably ......As the Commissioner of Taxes appears at the hearing and has incurred the expenses he will have the costs of this reference application. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 440.......e High Court Division can decline to answer the question. This leads us to examine the relevant provision of law. Where a reference is made relating to question of law arising out of the order of the Tribunal under section 66(1) to the High Court Division the court is required to decide the question..

Category: Fiscal/Taxation Law | Date: | Hits: 164

Fulu Mohammad and others Vs. State, 1992, 21 CLC (HCD)

....as Momuddin and Md. Mofazzal Hossain are discharged from their bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 431.......r case. The other appellants Fazir, Lokman, Mohiuddin alias Momuddin and Md. Mofazzal Hossain are discharged from their bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 431.......r case. The other appellants Fazir, Lokman, Mohiuddin alias Momuddin and Md. Mofazzal Hossain are discharged from their bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 431...

Category: Criminal Law | Date: | Hits: 86

Shafiquir Rahman Vs. Mir Nazmul Hossain Khan & others, 1992, 21 CLC (HCD)

....e Judge is upheld but on different ground. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 428.......he judgment and order passed by the learned Subordinate Judge is upheld but on different ground. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 428.......he judgment and order passed by the learned Subordinate Judge is upheld but on different ground. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 428...

Category: Alternative Dispute Resolution | Date: | Hits: 362

Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)

....nce by way of getting possession and enforcing contract or should he come before this court according to Article 102 of the Constitution by way of writ petition? This question has been settled by the Appellate Division in the case of Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh and others......erved: "At one time it was said that the principles of natural justice applied only to judicial proceedings and not to administrative proceeding but that hereby was scotched." Wade in his Administrative Law (1977) P.429 states: "The principles of natural justice are applicable to a......d without lawful authority and to be of no legal effect. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 420...

Category: Property Law | Date: | Hits: 133

Rahima Begum Vs. Md. Abdul Baten, 1990, 19 CLC (HCD)

.....73 of 1983 is set aside and the order passed on 16.8.77 by the Circle Officer (Rev) Sreepur in Case No.3 of 1976‑77 is restored. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 414........73 of 1983 is set aside and the order passed on 16.8.77 by the Circle Officer (Rev) Sreepur in Case No.3 of 1976‑77 is restored. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 414.......an Vs. The Chief Election Commissioner, Dacca as reported in 17 DLR (SC) 23 may be referred to: In that case the appellant who had been elected to the Provincial Assembly was unseated by the Election Tribunal under certain provision of Act XXXI of 1957. The order of the Election Tribunal was upheld ..

Category: Property Law | Date: | Hits: 110

Abu Taher Miah Vs. Farazuddin Sarker and others, 1989, 18 CLC (HCD)

....d to file nomina­tion paper under section 7(2)(g) of the Local Govern­ment (Union Parishads) Ordinance, 1983 (hereinafter referred to as the said Ordinance). The objection was overruled. Before the Appellate Authority similar ob­jection was also raised but it was not accepted. Thereafter, electio...... with costs. We direct the petitioner to pay Tk.1000/- in cash as costs of this Rule to the respondent No.1 within one month from date. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 543.......5. The respondent No.1 has filed an affidavit-in-opposition denying the material allegation made in the writ petition. He has annexed the judgment and order passed by the Assistant Judge and Election Tribunal Gobindaganj in Election Tribunal Case No.1 of 1988. He has also annexed another paper dated..

Category: Election Law | Date: | Hits: 216

Saifur Rahman Vs. Bangladesh through the Secre­tary, Ministry of Agriculture and others, 1989, 18 CLC (HCD)

.... before the Administrative Tribu­nal. It is on record, however, that the respondent Nos.1 and 2 did not prefer any appeal from the decision of the Administrative Tribunal before the Ad­ministrative Appellate Tribunal constituted under section 5 of Act No. VII of 1981. 8. In order to appreciate ......Subject Matter Officer, Upazila Krishi Office, Habiganj in the Ministry of Agriculture, Government of Bangladesh in the New National Scale of Pay of Tk. 750-1470/-. He filed an application before the Administrative Tribunal under section 4 of the Administrative Tribunals Act, 1980 (Act No. VII of 19......r Article 102 of the Constitution calls upon the respondents to show cause as to why a di­rection should not be issued upon them to comply with the order dated 3.11.85 passed by the Adminis­trative Tribunal, Dhaka in Case No.36 of 1985. 2. The petitioner is a Subject Matter Officer, Upazila Kri..

Category: Administrative Law | Date: | Hits: 445

Kazi Ibrahim alias Ibrahim Kazi Vs. State, 1989, 18 CLC (HCD)

....he bail bonds immediately. Send down the LC records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 524. ......e charge as leveled against him. He is directed to be released from the bail bonds immediately. Send down the LC records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 524. ......Anwarul Hoque Choudhury J.- This appeal by the convicted appellant Kazi Ib­rahim alias Ibrahim Kazi is directed against the judg­ment and order dated 19.5.86 passed by the Special Judge, in Special Tribunal Case No.30 of 1984 con­victing the appellant Kazi Ibrahim alias Ibrahim Kazi along with ot..

Category: Criminal Law | Date: | Hits: 97

Mrs. Nabila Chowdhury Vs. Government of the Peoples Republic of Bangladesh & another, 1988, 17 CLC (HCD)

....f his contention he has referred to a decision of the Indian Supreme Court reported in AIR 1974 (Su­preme Court) page 116 and a decision of this Court reported in 40 DLR 193 as well as a case of the Appellate Division of this Court reported in 40 DLR (AD) 178. Relying on these decisions he submits ......a now detained in Dhaka Central Jail, Dhaka be released and set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 345. ......ad undergone his treatment in London hospital had not been denied by the respon­dent specifically. The moment he came back to the country on 22nd June, 1987 he surrendered himself before the Special Tribunal which was in seizin of the criminal case and though he was granted bail on the 27th June no..

Category: Criminal Law | Date: | Hits: 100

Bangladesh House Build­ing Finance Corporation Vs. Chairman, First Labour Court & others, 1989, 18 CLC (HCD)

....o be without jurisdiction for non-compliance with certain provisions of section 88A of the Bengal Tenancy Act, in a collateral proceeding pending before the Civil Court and it was held by the learned Appellate Division of this Court, "in this view of the matter the opinion is that non-compliance wit......jurisdiction to entertain the application of the Respondent No.2 giving rise to the I.R.O. Case No.267 of 1988 inasmuch as the Bangladesh House Building Finance Corporation had been brought under the Administrative Tribunal Act, 1981 as amended by the Administrative Tribunal (Amendment) Act, 1984 (O...... entertain the application of the Respondent No.2 giving rise to the I.R.O. Case No.267 of 1988 inasmuch as the Bangladesh House Building Finance Corporation had been brought under the Administrative Tribunal Act, 1981 as amended by the Administrative Tribunal (Amendment) Act, 1984 (Ordinance No. LX..

Category: Procedural Law | Date: | Hits: 273

Zehad Ali Vs. Kharshed Ahamed & others, 1984, 13 CLC (HCD)

....r be no order as to cost. Let the records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 336. ....... In the facts and circumstances of the case, there would however be no order as to cost. Let the records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 336. ....... In the facts and circumstances of the case, there would however be no order as to cost. Let the records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 336. ..

Category: Property Law | Date: | Hits: 115

Chittagong Port Autho­rity Vs. Hong Kong Shipping Lines & others, 1989, 18 CLC (HCD)

....against the defendants. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 332. ......judgment and decree of the lower appellate Court and dismiss the suit against the defendants. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 332. ......judgment and decree of the lower appellate Court and dismiss the suit against the defendants. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 332. ..

Category: Business or Commercial Law | Date: | Hits: 397

Kamruzzaman Khan Vs. Shahidul Alam Khan and others, 1998, 27 CLC (HCD)

....ervice of valid notice under section 106 of the Transfer of Property Act, the decision in the case of Abdul Aziz Vs. Abdul Majid reported in 46 DLR (AD) 121 may be referred to. Their Lordships of the Appellate Division in the said decision held: “lease of immovable property is created under ......t Court and SCC Judge, Faridpur in SCC Suit No.1 of 1995 are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 393. ......t Court and SCC Judge, Faridpur in SCC Suit No.1 of 1995 are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 393. ..

Category: Property Law | Date: | Hits: 101

Saiful Islam alias Japannya Vs. State, 2010, 39 CLC (HCD)

....ith any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......s imprisonment, if he is not wanted in connection with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......s imprisonment, if he is not wanted in connection with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 102

Md. Seru Mia and another Vs. State, 2011, 40 CLC (HCD)

....he appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J.- I agree. This Case is also Reported in: ......in Session Case No.1 of 1994 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J.- I agree. This Case is also Reported in: ......in Session Case No.1 of 1994 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J.- I agree. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 111

Abdul Mannan Khan Vs. Government of the Peo­ple's Republic of Bangla­desh & others, 1990, 19 CLC (HCD)

....to do all functions of the Chairman, under section 14(2) of the Union Parishad Ordinance, they are entitled to participate in the proceeding of the Upazila Parishad as its representative members. The Appellate Division, upholding the findings of the High Court Division, held that the Acting Chairman.......90. As the hearing could not be completed, we heard the matter to-day, the 17th February, 1990, Saturday and delivered the judgment. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 316. .......90. As the hearing could not be completed, we heard the matter to-day, the 17th February, 1990, Saturday and delivered the judgment. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 316. ..

Category: Election Law | Date: | Hits: 391

Abdus Samad Miah and another Vs. Bangladesh Government & others, 2010, 39 CLC (HCD)

.... the Republic. In support of his argument learned Advocate for the petitioner cited decision reported in the Bangladesh Vs. Shamsul Haque reported in 12 MLR (AD) 25 = 59 DLR (AD) 54 where the Hon'ble Appellate Division held that refusal of the prayer of the respondent regarding the status and privil......re serving as the servants for the republic they are challenging discrimination and equality before law under Article 102 by way of filing a writ petition and the petitioners do not have to go to the Administrative Tribunal to pursue their right under the provision of Article 117 of the Constitution......he servants for the republic they are challenging discrimination and equality before law under Article 102 by way of filing a writ petition and the petitioners do not have to go to the Administrative Tribunal to pursue their right under the provision of Article 117 of the Constitution containing pro..

Category: Administrative Law | Date: | Hits: 421

Azam-e-Sadat (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)

.... no violation of section 32(1)(2) of the Anti-Corruption Commission Act 2004. h elaborating their arguments both the counsels brought to our notice that this issue has been finally set at rest by the Appellate Division in the Case of Anti-Corruption Commission, represented by its Chairman Vs. Dr. Mo...... The order of stay granted at the time of issuance of the Rules is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 455. ...... The order of stay granted at the time of issuance of the Rules is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 455. ..

Category: Criminal Law | Date: | Hits: 89

Golam Beg Vs. Hajera Begum, 2010, 39 CLC (HCD)

....-2005, the defendant No.1 preferred this Revision and obtained the Rule. 7. None appears on behalf of either of the parties when the revision is taken up for hearing. It is now well settled by our Appellate Division that a revision can be disposed of on merit in absence of any party or both the p...... written statement if the plaint is amended. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 452. ...... written statement if the plaint is amended. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 452. ..

Category: Property Law | Date: | Hits: 103

Motiur Rahman Vs. AKM Shamsul Alamin and another, 2010, 39 CLC (HCD)

....titioner filed this revision and obtained the Rule in the manner stated above. 11. None appears on behalf of the petitioner when the revision is taken up for hearing. It is now well settled by our Appellate Division vide the case of Safaruddin Vs. Fazlul Huq, 49 DLR (AD) 151 that a revision can b......s Appeal No.76 of 1997 is hereby maintained. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 449. ......s Appeal No.76 of 1997 is hereby maintained. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 449. ..

Category: Procedural Law | Date: | Hits: 170