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Shafiqul Islam (Md.) Vs. The Commissioner of Customs, Excise and VAT Rajshahi and others, 2010, 39 CLC (HCD)

....ng days with­out fail upon receipt of the copy of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 191     ......s without due process of law. There are no cogent reason for detaining the goods in question pur­chased by the petitioner.. When there is no dispute that the goods have been imported as duty free item and not restricted or prohibited item, there cannot be any legal reason for continued..

Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 3

Shafiqul Islam (Md.) Vs. The Commissioner of Customs, Excise and VAT Rajshahi and others, 2010, 39 CLC (HCD)

....ng days with­out fail upon receipt of the copy of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 191     ......s without due process of law. There are no cogent reason for detaining the goods in question pur­chased by the petitioner.. When there is no dispute that the goods have been imported as duty free item and not restricted or prohibited item, there cannot be any legal reason for continued..

Category: Fiscal/Taxation Law | Date: 11 Nov, 2010 | Hits: 5

Ms. Syeda Rizwana Hasan Vs. Bangladesh and others, 2010, 39 CLC (AD)

....nsidering a petition as PIL it is to be seen that where there is undoubtly public injury by the act or omission of the functionary of the State or a local authori­ty or public authority or executive excess causes a legal injury to a specific class or group of individuals or a public injury or publi......ns without following the procedures, this Division being the final arbiter should step in to prevent undue and arbitrary exercise of powers. Courts have always been considered to have an over­riding duty to maintain public confidence in the administration of justice-often referred to as the duty to..

Category: Environmental Law | Date: 8 Nov, 2010 | Hits: 258

State Vs. Secretary, Ministry of Home Affairs (II), 2010, 39 CLC (HCD)

.... Chief Judicial Magistrate. Let a copy of this judgment be communicated to the respondents at once. Obaidul Hassan J. - I agree. This case is also Reported in: 8 LG (2011) HCD 293. ......tion that unless sufficient numbers of safe homes are provided for housing children, who are not granted bail, particularly male children, and then injustice will be done. The State is failing in its duty to provide facilities which it is duty bound to provide. In any event we do not find any provis..

Category: Women and Children | Date: 25 Oct, 2010 | Hits: 141

British American Tobacco Bangladesh Company Ltd. Vs. Begum Shamsun Nahar, 2010, 39 CLC (AD)

....dings and obser­vations we do not find any merit in the leave peti­tion. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 80. ...... plaintiff-respondent made written complaints to the Human Resources Manager and the Managing Director of the petitioner-company and the other authorities for the harassment caused to her who has a duty of care towards her. We are of the view that where the existence of the cause of action is req..

Category: Women and Children | Date: 13 Oct, 2010 | Hits: 21

Ayub Ali Sheikh alias Buna Vs. State, 2010, 39 CLC (HCD)

....ss his detention is required in connection with any other case. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (2011) 55.......mination in chief, stated that on 29-8-2004 he was working under Rajbari Police Station. SI Ahsan Habib recorded the FIR as per statement of the informant Farida. Thereafter he was entrusted with the duty to investigation into the case. In the course of investi­gation he inspected the place of occu..

Category: Women and Children | Date: 11 Oct, 2010 | Hits: 154

Nurul Majid Mahmood Humayun Vs. Brigadier General Hassan PSC (Rtd.) and others, 2010, 39 CLC (AD)

....indings and observations, we do not find any merit in the leave petition. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 89. ...... Vs. Rajab Ali, 30 DLR (SC) 30 observed that the whole object of the provision of Order XIV, rule 2 seems to be that if there is any issue of law on which the entire suit may be disposed of it is the duty of the Court to try that issue first at the earliest opportunity so that the Court may not be u..

Category: Civil Law, Election Law | Date: 7 Oct, 2010 | Hits: 8

Orascom Telecom Bangladesh Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)

....etitioner prefers appeal before the Tribunal, the limitation in preferring the appeal would not operate as a bar in that event. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 319. ......ely discussed and specified the tax to be paid on the sales and services. The fiscal law demands for its strict application by an authority authorized to apply the same and the concerned authority is duty bound to follow the procedure as laid down in Act for each and every action. 22. Certainly..

Category: Fiscal/Taxation Law | Date: 7 Oct, 2010 | Hits: 174

Ain O Salish Kendra Vs. Bangladesh, 2010, 39 CLC (HCD)

....ed that such temperature shall not be exceeded but kept as low as practicable; (4) Where the nature of the work carried on in the establishment involves, or is likely to involve, the production of excessively high temperature, such adequate measures as are practicable, shall be taken to protect t...... to ensure the equitable distribution of wealth among citizens, and of opportunities in order to attain a uniform level of economic development throughout the Republic. Art.20. Work as a right and duty.- (1) Work is a right, a duty and a matter of honour for every citizen who is capable of workin..

Category: Women and Children | Date: 5 Sep, 2010 | Hits: 261

Hasura Begum Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....nt be communicated to the IGP and to the Ministry of Home Affairs and other respondents at once.  Ed.  This Case is also Reported in: 63 DLR (HCD) (2011) 195; 30 BLD (HCD) (2010) 481. ...... When any information, either verbally made before the police, or in writing, regarding a cognizable offence is brought to the notice of the Officer-in-charge of a Police Station then the officer is duty bound to record the information on the spe­cific form in other words to record the FIR and set..

Category: Women and Children | Date: 24 Aug, 2010 | Hits: 187

Rehana Begum and another Vs. State, 2010, 39 CLC (HCD)

....sult, the appeal is dismissed. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 75; 30 BLD (HCD) (2010) 448. ......inst the accused under section 9(1)/10(1)(2)/30 of the Ain, from which arose the corresponding G.R. Case No.59 of 2001. 3. Thereafter, one Kazi Jahidul Hafiz, S.I. of Police was entrusted with the duty to investigate into the case. Accordingly, the police duly investigated into the case, inspecte..

Category: Women and Children | Date: 1 Aug, 2010 | Hits: 227

S.M. Saiful Hasan Vs. Director General, Bangladesh Sugarcane Research Institute and others, 2010, 39 CLC (HCD)

....here will be no order as to costs. The order of stay granted earlier by this court stands vacated. Zubayer Rahman Chowdhury J. - I agree. Ed. This Case is also Reported in: ...... at BSRI was discussed in different meetings of the Management Board in June, 1995. Ultimately, the respondent No.1, in order to bring official discipline, relieved the petitioner of his additional duty as Librarian of the Institute vide order dated 6.7.02 but with mala fide intention he did not..

Category: Employment/Service Law | Date: 18 Jul, 2010 | Hits: 5

Monir Hossain (Md.) and anothers Vs. Bangladesh and others, 2010, 39 CLC (AD)

....No.2081 of 2008. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 41, VIII ADC (2011) 404, 8 LG (AD) (2011) 141, 16 MLR (AD) (2011) 245. ......ation of qualified candidates to apply for recruitment and on their selection they do not acquire any right to the post. Unless the relevant recruitment rules so indicate, the State is under no legal duty to fill up all or any of the vacancies. However, it does not mean that the State has the licenc..

Category: Employment/Service Law | Date: 11 Jul, 2010 | Hits: 104

Bangladesh Legal Aid and Services Trust and Others Vs. Government of Bangladesh and Others, 2010, 39 CLC (HCD)

.... Children's Affairs and the Inspector General of police by a special messenger of the Court at the costs of the office. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 61; 63 DLR (2011) 1....... is a matter of great concern that even many educated people are not aware of their rights and obligations under the Constitution and of the rule of law. In order to overcome the situation, it is the duty of the Government to incorporate versions types of articles and educational materials in the sy..

Category: Women and Children | Date: 8 Jul, 2010 | Hits: 335

Chairman, National Board of Revenue (NBR) Vs. Advocate Zulhas Uddin Ahmed and others, 2010, 39 CLC (AD)

.... of the learned Assistant Attorney General appearing for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 457; 18 BLC (AD) (2013) 52. .................................." 5. The intent and spirit thereof is to provide minimum health care/medical service to the citizens in order to maintain and improve public health being the primary duty and obligation of the State. In that view of the matter, the imposition of VAT on the impugned ..

Category: Health Law | Date: 8 Jul, 2010 | Hits: 376

Dhirendra Nath Mondal Vs. Agrani Bank Ltd and others, 2010, 39 CLC (HCD)

....3 of 2001 is hereby affirmed. However, there will be no order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 301. ......ions and in effect legislate for itself. 19.  The plain meaning rule must mean that when on construing the words of a statute it is found that the words admit of only one meaning, it is the duty of the court to give effect that meaning irrespective of consequence. In the case of Jamalus Sa..

Category: Civil Law | Date: 7 Jun, 2010 | Hits: 6

Abul Hashem Vs. State, 2010, 39 CLC (HCD)

....e set at liberty at once if not wanted in connection with any other case. Send down the LC records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)16.   ......y satisfactory explanation as such an adverse presumption under section 114(g) of the Evidence Act should be drown against the prosecution. 12. The learned counsel finally submits that it is the duty of the prosecution to prove their case beyond all reasonable doubt but in the instant case admi..

Category: Evidence Law | Date: 26 May, 2010 | Hits: 8

Commissioner of Customs and others Vs. M/S. Sunlit Fashion Limited, 2010, 39 CLC (AD)

.... order dated 2.11,2002 passed by the High Court Division is set aside. The appeal is allowed without any order as to cost. This Case is also Reported in: 16 MLR (AD) (2011) 54, VIII ADC (2011) 29. ......der that the respondent, a 100% export oriented garments industry under a bonded warehouse license, was enjoying bonded facilities to import fabrics and other raw materials without payment of customs duty, VAT and other dues for manufacturing garments by those materials and then export the same and ..

Category: Fiscal/Taxation Law | Date: 19 May, 2010 | Hits: 63

Aftab Automobiles Ltd Vs. Superintendent Customs, Excise & VA, 2010, 39 CLC (HCD)

....p;       May 10, 2010.     Result: The rule is discharged. Jurisdiction of Concerned VAT officer In case a petitioner takes excess rebate of VAT, the concerned VAT officer under section 9 (2) of the VAT Act has lawful Jurisd......ess rebate on VAT and thereby caused Government revenue loss. Thus, the VAT allegedly due to the Government was not properly paid as rebate was allegedly taken in excess amount. Therefore, it was the duty of the concerned Local and Revenue Audit directo­rate to inform the same to the relevant au..

Category: Fiscal/Taxation Law | Date: 10 May, 2010 | Hits: 6

Nazma Sarwar and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....opy of this judgment be trans­mitted to the Court concerned at once. SM Emdadul Hoque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 359; 17 MLR (HCD) (2012) 412. ......ared to secure the interference of the Court on behalf of fugitives, without ensuring that such persons conform to the judicial orders applicable to them, was not acting in accordance with his proper duty to act in furtherance of justice. 11. In the instant case the petitioners were fugitive fr..

Category: Procedural Law | Date: 6 May, 2010 | Hits: 109