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TLRA Holding Ltd Vs. Customs, Excise and VAT Appellate Tribunal & others, 2012, 41 CLC (HCD)

....nin Chemical Industries Ltd Vs. Director, Customs Intelligence and Investigation, 9 BLC 110. Lawyers Involved: Md. Haroon-ar-Rashid, Advocate—For the Petitioner. Pratikar Chakma, Assistant Attorney-General—For Respondents. Writ Petition No. 1188 of 2004. Judgment......Court is hereby recalled and vacat­ed. Communicate at once.         Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 94.   ......licate, Jet ball soap and other products and have been mar­keting those items all over Bangladesh on paying of all the VAT and other taxes regularly. 3. At a tip-off a team of the Preventive Officer of Customs, Excise and VAT Commissione-rate, Dhaka (North), being empowered by the Commissio..

Category: Fiscal/Taxation Law | Date: 10 Dec, 2012 | Hits: 6

Nazrul Islam (Md.) Vs. State, 2012, 41 CLC (AD)

....to one of imprisonment for life. Accordingly, the sentence of the convict Md. Nazrul Islam is modified to imprisonment for life. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 199. ......to one of imprisonment for life. Accordingly, the sentence of the convict Md. Nazrul Islam is modified to imprisonment for life. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 199. ......fore the public that he killed his wife. Police also recovered the blood stained boti dao from the place of occurrence. The informant lodged the First Information Report (FIR) on 12-4-2002 before the Officer-in-Charge of Uttara Police Station, DMP, Dhaka against the accused under section 302 of the ..

Category: Criminal Law, Procedural Law | Date: 6 Dec, 2012 | Hits: 6

Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)

....ctor General of Directorate of Family Planning vide memo No.POPOO/ MOPO 2010/240 dated 22-2-2010 sent a letter to the Secretary, Ministry of Health and Family Plan­ning Welfare to encadre said 34 Assistant Directors (Family Planning) to the BCS (Family Planning) Cadre in accordance with the judg...... With the above observations and direc­tions this Rule is disposed of. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 485.     ......e and obtained the Rule. Said writ petition was initially filed by 166 fami­ly planning of officers who were appointed by the Director General of Directorate of Family Planning under the Gazetted Officers (Directorate of Population Control and Family Planning) Recruitment Rules, 1976. Subsequent..

Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4

Sadek Hossain (Md.) Vs. State and another, 2012, 41 CLC (HCD)

....Lawyers Involved: Jahirul Islam Mukul and Md. Harun-or-Rashid, Advocates—For the Petitioner. Md. Khurshid Alam Khan, Advocate—For the Opposite-Party No.2. Md. Jashim Uddin, Assistant Attorney-general—For the opposite-Party No.1 (State). Criminal Miscellaneous Ca......posal of the case. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 278.     ......he rule, all further proceedings of the above mentioned FIR case were stayed. 3. Facts necessary for disposal of the rule are that the accused-petitioner Md. Sadek Hossain was the Administrative Officer of Housing Estate, Chittagong, at the time of occurrence, and he also served in various posi..

Category: Criminal Law | Date: 3 Dec, 2012 | Hits: 4

Nur Hossain alias Ladu Vs. State, 2012, 41 CLC (HCD)

.... he failed to over come the said situation as a Judge……………..(11) Lawyers Involved: Salina Akter, Advocate—For the Petitioner. MH Sarder, Deputy Assistant General with Gazi Md. Mamunur Rashid, Assistant Attorney-General and Md. Asaduzzaman, Assi...... Affairs, Government of Bangla­desh   and   Registrar, Supreme Court of Bangladesh at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 474.   ...... in high judicial post who refrained himself from performing his judicial work under undue pressure is not at all fit to continue in judicial work; rather his such conduct is unbecoming of a Judicial Officer. 14. However, in all fairness, we direct the Secretary Ministry of Law, Justice and Par..

Category: Criminal Law | Date: 2 Dec, 2012 | Hits: 3

Abdul Mannan Bhuiyan & others Vs. Md. Nasir Hossain, 2012, 41 CLC (AD)

....s name mutated in his purchased land in Miscellaneous Case No.1202 of 1996 and paid rents to the Government. The plaintiffs instituted Title Suit No.191 of 1996 in respect of 0.93 acre of land before Assistant Judge, Second Court, Narayanganj with a prayer for permanent injunction. The defendant con......facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 44. ......facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 44. ..

Category: Property Law | Date: 2 Dec, 2012 | Hits: 35

Advocate Taimur Alam Khondaker Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....gencies (Registration and Control) Ordinance, (Ordinance No. XLVI of 1961) 1961 Lawyers Involved: Taimur Alam Khondaker, Advocate in person—For the Petitioner. Titus Hillol Rema, Assistant Attorney-General—For the Respondent No. 6. Writ Petition No. 8987 of 2012. ......y;tration authority, as per the Constitution of the Federation. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 139     ......y;tration authority, as per the Constitution of the Federation. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 139     ..

Category: Administrative Law | Date: 29 Nov, 2012 | Hits: 6

AKM Muhituddin and others Vs. National Board of Revenue and others, 2012, 41 CLC (HCD)

....he Rules are disposed of. Lawyers Involved: Md. Khurshid Alam Khan with Sayem Murad, Advocates—For the Petitioners. SM Monintzzaman, Deputy Attorney-General with Pratikar Chakma, Assistant Attorney-General—For the Respondents. Writ Petition Nos.7410 with 8900 of 2012....... Review Committee, subject to relevant provisions of law. This order should be strictly followed. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 196 ...... Review Committee, subject to relevant provisions of law. This order should be strictly followed. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 196 ..

Category: Fiscal/Taxation Law | Date: 28 Nov, 2012 | Hits: 2

Government of Bangladesh and oth¬ers Vs. Dr. Md. Nazrul Islam Bhuiyan and others, 2012, 41 CLC (AD)

....4 new posts in the revenue set up. 9. The Ministry of Health and Family Welfare by its Memo No.Jana Sastha-1/Homeo-8/ 2001/11 dated 8-1-2003 (Annexure-G) issued under the signature of the Senior Assistant Secre­tary along with relevant documents requested the Secretary, Ministry of Establis......sed by a Division Bench of the High Court Division in Writ Petition No.29.19 of 2006 is hereby affirmed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 255.     ......96 SC 1759; M/S. Motilal Padampat Sugar Mills Co. Ltd. Vs. State of Uttar Pradesh, AIR 1979 (SC) 621 at page 644; State of Rajasthan Vs. Mahaveer Oil Industries (1999) 4 SCC 357 at page 365;Sales Tax Officer Vs. Shree Durga Oil Mills (1998) 1 SCC 572; Council of Civil Service Unions Vs. Minister for..

Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4

Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)

....s have been in possession of the property of Ramnagar Mauza along with different properties by way of inheritance. Objection Case No.235 of 1997 was filed by the appellant and his brothers before the Assistant Settlement Officer, Dagonbhuiyan, Noakhali praying for correction of recent survey map in ...... 5 (five) years is set aside and that passed by the Tribunal in the complaint case is restored. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1.   ......sion of the property of Ramnagar Mauza along with different properties by way of inheritance. Objection Case No.235 of 1997 was filed by the appellant and his brothers before the Assistant Settlement Officer, Dagonbhuiyan, Noakhali praying for correction of recent survey map in respect of their inhe..

Category: Others | Date: 28 Nov, 2012 | Hits: 23

Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)

....e petitioner was surprised to learn that a case was lodged with Ramna Police Station being Ramna Police Station Case No. 22 dated 10.07.08 on the basis of F.I.R. lodged by one Md. Mozahar Ali Sarder, Assistant Director, Anti Corruption Commission, under Sections 26(2) & 27(1) of the ACC Act and ......ite. Since the said Writ Petition was withdrawn before the instant petition was filed, no legal complication arises. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......•োন বাধা থাকিবে না। 26. Clearly, Rule 7 dictates in positive term that investigation is to be completed within fifteen days from the date on which the Investigating Officer receives instruction to commence investigation. 27. Sub-Rule 3 the said Rule allows so..

Category: Anti-Corruption Laws | Date: 28 Nov, 2012 | Hits: 77

Mohammad Ullah Ashraf Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....2012. Result: The Rule is discharged. Lawyers Involved: Md. Ozi Ullah, Advocate-for the petitioner. Goutam Kumer Roy, Deputy Attorney General with Ms. Jesmin Sultana Samsad, Assistant Attorney General-For the Respondent no. 1. Md. Shamsul Huq, Advocate-For the Added Re......thout any order as to cost. The order of stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. I agree. Ed. This Case is also Reported in: ......thout any order as to cost. The order of stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: 28 Nov, 2012 | Hits: 109

Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)

.... AKM Ehsanur Rahman—For the Petitioner. Mahbubey Alam, Attorney-General, with Monjur Kader, Deputy Attorney-General Md.Monowar Hossain Khan, Deputy Attorney-General Bilkis Fatema (Jeeblu), Assistant Attorney-General—For the Opposite-Party No. 1. Anisul Hag, Senior Advocate with......ceeding is unwarranted in law and disapproved by the Appellate Division. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 41 ......t it is found that the accused-petitioner opened and operated the Account No. 158052 in City Bank, Singapore in which there were different transactions and from the transactions Profile Investigation Officer of the case found the deposit of consolidated amount of 27,78,970.84 US Dollars. But the acc..

Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5

Rahmat Ali alias Shukkur Vs. State, 2012, 41 CLC (AD)

....o one of imprisonment for life. Accordingly, the Jail Petition No.15 of 2010 is dismissed with modification of sentence of death as stated above. Ed. This Case is also Reported in: ......o one of imprisonment for life. Accordingly, the Jail Petition No.15 of 2010 is dismissed with modification of sentence of death as stated above. Ed. This Case is also Reported in: ......0 hours under section 302 of the Penal Code against the condemned petitioner. Accordingly, Bhairab Thana Case No. 20(5) 2003 corresponding to G.R. No.260 (2)03 was started. 3. The Investigating Officer in the course of investigation visited the place of occurrence, prepared the sketch map with..

Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 145

Fazlul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....micals Vs. CL Board, AIR 1967 SC 295. Lawyers Involved: Abdul Matin Khasru with Pankaj Kumar Kunda, Advocate-For the Petitioners. Biswajit Roy Deputy Attorney General with Amatul Karim Assistant Attorney General Advocates—For the Respondents. Writ Petition No.9283 of 2011. ......lared to have been issued without lawful authority and to be of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 376. ......y of Primary and Mass Education suspending the government portion of the salaries of the petitioners and order vide Memo No.1348 dated 28-9-2011 (Annexure-E-1) issued by the Upazila Primary Education Officer, Mymensingh asking the Chairman of the Managing Committee Rehai Tarapur Sarderbari Registere..

Category: Constitutional Law | Date: 22 Nov, 2012 | Hits: 5

MA Motaleb Bhuiyan Vs. State and another, 2012, 41 CLC (HCD)

....Lawyers Involved: Abdul Baset Mojumder, Advocate with Khandaker Mahbub Hossain, Advocate and Sk Mohammad Ali, Advocate—For the Petitioner. MH Sarder, DAG with Gazi Md. Mamunur Rashid, Assistant Attorney-General Md. Asaduzzaman, Assistant Attorney-General—For the State. Cri......conceived one and the petitioner has chosen a wrong forum. Having considered above, the application is rejected summarily. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 451. ......conceived one and the petitioner has chosen a wrong forum. Having considered above, the application is rejected summarily. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 451. ..

Category: Criminal Law | Date: 21 Nov, 2012 | Hits: 2

Md. Aminullah and others Vs. Serajul Huq and others, 2012, 41 CLC (AD)

....nate Judge and Artha Rin Adalat, Third Court, Chittagong allowing pre-­emption case reversing those dated 30.07.1992 in pre-emption Miscella­neous Case No.01 of 1992 passed by the learned Senior Assistant Judge, Third Court, Sadar, Chittagong dismissing the pre-emption case under section 24 of......n is set aside and the impugned judgment and order passed by the appellate Court is restored. There is no order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 131. ......n is set aside and the impugned judgment and order passed by the appellate Court is restored. There is no order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 131. ..

Category: Property Law | Date: 21 Nov, 2012 | Hits: 27

Azizur Rahman (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....udge, Artha Rin Adalat No.3, Dhaka, 13 MLR (AD) 356. Lawyers Involved: Md. Sohel Rana, Advocate—For the Petitioner. SM Moniruzzaman, Deputy Attorney-General with Pratikar Chakma, Assistant Attorney-General— For the Respondents. Writ Petition No.392 of 2010. Judgm......order as to cost. The order of stay granted earli­er by this Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 31. ......order as to cost. The order of stay granted earli­er by this Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 31. ..

Category: Banking Law | Date: 20 Nov, 2012 | Hits: 8

Khorshed and another Vs. State, 2012, 41 CLC (HCD)

.... the National Legal Aid Committee, Dhaka, Bangladesh— For the condemned-appellant (In Jail Appeal No.303 of 2007). Md. Khurshed Alam, Deputy Attorney-General with Delowar Hossain Somadder, Assistant Attorney-General and Mahmuda Parveen, Assistant Attorney-General—For the State (In C......the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 241         ...... After its recovery, Sub-Inspector Md. Mainullslam also sent the same to the morgue for autopsy. In this way, the killing of Nasima by the condemned-prisonere came to light. 4. The Investigating Officer of the case is the informant himself, that is to say, Sub-Inspector Md. Mainul Isalm of Sava..

Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8

Amirul Islam (Md.) Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)

.... Masud R Sobhan with Fatema S Chowdhury, Mohammad Jamal Hossain and Raghib Rouf Chowdhury, Advocates—For the Petitioner. SM Moniruzzaman, Deputy Attorney-General with Pratikar Chakma, Assistant Attorney-General—For the Respondents Writ Petition No.59 of 2012. Judgment......e Rule is declared to have been passed without lawful authority and is of no legal effect. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 77.   ......e Rule is declared to have been passed without lawful authority and is of no legal effect. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 77.   ..

Category: Fiscal/Taxation Law | Date: 19 Nov, 2012 | Hits: 6