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Government of Bangladesh Vs. Md. Abdul Maleque Miah and 7 anothers, 2013, 42 CLC (AD)
....n published in the Official Gazette dated 28-4-1977. He was posted in the Bangladesh Steel and Engineering Corporation on deputation and he was working there. In order to meet the requirement of good number of trained and experienced officers the Government abolished the IMS Cadre and absorbed ......allowed and the impugned judgment and order is set aside with the observations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167 ......bined merit list and was appointed in the IMS Cadre where he joined on 31-7-1973. He was trained at home and abroad and passed the prescribed examination after which he was confirmed in the service on 31-7-1975 through notification published in the Official Gazette dated 28-4-1977. He..Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3
ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)
....nt of the residence had been renewed till 31-8-2006 with the prior approval of the Foreign Ministry of Bangladesh; but the accused-Ambassador did not take the renewal of the bharatia agreement with a good grace and at one stage, the accused-Ambassador exerted pressure on him to cancel the bharatia a...... Station concerned. After lodgment of the ejahar, the case was endorsed to him for investigation. Having taken up investigation of the case, he visited the place of occurrence, examined witnesses and recorded their statements under section 161 of the Code of Criminal Procedure. He found the statemen...... DLR (AD) 222. 15. Mr. Abdur Rezzaque Khan further submits that the provisions of Rule 19Jha of the Emergency Power Rules of 2007 were not followed in letter and sprit in the matter of service of notice upon the appellant and by that reason, it cannot be said that he was aware of the ..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
.... the Constitution.
318. The contention that Clause 2(2) of the BJI constitution denies the legitimacy of the judiciary is misconceived and false. Clause 2(2) merely states that all consequences, good or bad flow from God. This is a strict reflection of the verses relating to the oneness of God.......hereby declared to have been given without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 14.
......hereby declared to have been given without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 14.
..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
....I as a political party and thereby allowing them to do politics in Bangladesh. But unfortunately for both the groups of petitioners, law is blind and since they have resorted to law they must take in good grace the technical language of law even if unkind.
46. Reverting to the case, the stateme......ical expediency, according to them, is a gross violation of law and the Constitution and cannot be allowed to go unchallenged under any excuse or pretext whatsoever.
3. The petitioners placed on records huge materials regarding deviation of Jamaat from traditional Islam and stated that the fait......bsp; 60 DLR 273 and the case of Kunda S. Kadam Vs. K.K. Soman, reported in AIR 1980 (SC) 881.
59. None of the cases is found to be exactly on point except Kunda S. Kadam. In Kunda S. Kadam an in-service employee of Bombay Municipal Corporation applied for the post of Deputy Municipal Commission..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
....t of Bangladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984.
S. H. Md. Nurul Huda Jaigirdar J.- I agree.
Ed.
This Case is also Reported in:
......sment years but the grounds that the appeals were not disposed of on merit within time was not considered by the AJCT for the aforesaid assessment years. Rather, he on examination of the materials on record as well as the enquiry report of the Inspector of Taxes decided that the appeals may be heard......t of Bangladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984.
S. H. Md. Nurul Huda Jaigirdar J.- I agree.
Ed.
This Case is also Reported in:
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Category: Fiscal/Taxation Law | Date: 31 Jul, 2013 | Hits: 3
Nur Jahan Akhtar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....ngladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in: ......sment years but the grounds that the appeals were not disposed of on merit within time was not considered by the AJCT for the aforesaid assessment years. Rather, he on examination of the materials on record as well as the enquiry report of the Inspector of Taxes decided that the appeals may be heard......ngladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 31 Jul, 2013 | Hits: 2
Syed Raihan Hasan Ali Chowdhury Vs. Syed Hamde Ali Chow¬dhury and others, 2013, 42 CLC (HCD)
....Civil Rule No.905(f) of 2011 is disposed of. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ......Waqf property has been enlisted as E/C Nos.3675B, 3675A and 3675, these properties never acquired or inherited or personal property of Syed Altaf Ali. Some portion of the property having been wrongly recorded in the name of Syed Mahamud Ali and for correcting the record appointed defendant No.2 by p......Civil Rule No.905(f) of 2011 is disposed of. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ..Category: Trust/Waqf Law | Date: 29 Jul, 2013 | Hits: 5
Robi Axiata Ltd Vs. First Labour Court Dhaka and others, 2013, 42 CLC (HCD)
....Orders of Stay as initially granted are necessarily recalled and vacated. There are no Orders as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 551 ......t the fact of the submission by the Respondent in that case of a section 213 application beyond the period of contractual employment, though not expressly borne out by the documents on record, however, accurately reflects the facts on the ground as per the instructions received by Mr....... of the Petitioner company. Each such application in the nature of a plaint spelt out the initial engagement of each applicant on a temporary basis on various occasions evidenced in various service contracts stipulating the terms and termination dates of the period of employment. ..Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7
....d over possession of the fishery in question and also to refund to the petitioner the proportionate lease money for the unexpired period of the lease.
Ed.
This Case is also Reported in:
......d selling fish.
9. We have considered the submissions of the learned Counsel for the parties concerned and perused the impugned judgment of the High Court Division and other connected papers on record.
10. We find from the Nitimala 2009 that the lease of fishery under long te......d over possession of the fishery in question and also to refund to the petitioner the proportionate lease money for the unexpired period of the lease.
Ed.
This Case is also Reported in:
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Category: Civil Law | Date: 28 Jul, 2013 | Hits: 169
Zahir Fakir (Md.) and oth¬ers Vs. Hahma Khatun and others, 2013, 42 CLC (HCD)
....urts records along with a copy of this judgment to the concern Court forthwith for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 240 ......The suit has been filed on got up story and is liable to be dismissed. 6. Both the parties adduced oral and documentary evidence at the trial. The trial Court on appreciation of evidence on record dismissed the suit finding the same to be barred by the principle of estoppels, and permissio......urts records along with a copy of this judgment to the concern Court forthwith for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 240 ..Category: Property Law | Date: 25 Jul, 2013 | Hits: 6
Younusuzzaman (Badal) Vs. State and another, 2013, 42 CLC (HCD)
.... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ......he Negotiable Instruments Act, 1881. The accused petitioner voluntary surrendered in the Court of learned Chief Judicial Magistrate, Narayangonj and obtained bail on 20.10.2008. 3. Next the case record was transmitted to the court of learned Sessions Judge, Narayangonj and the same was numbered...... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 25 Jul, 2013 | Hits: 140
Chow Wen Chang and others Vs. SF Winsome Fashion Ltd. and others, 2013, 42 CLC (HCD)
.... to the respondent No. 6 company vide registered Sale Deed No. 7806 dated 8-5-2011. Thereafter, the respondent No.3 as the Managing Director of the respondent No.6 company, most illegally and without good title, entered into another contract for the sale of properties belonging to the responden......his own as he did on 20-5-2010 without giving notice to petitioner Nos.1 and 2, and to conduct any EGM; that recently the petitioners found that the respondent No.3 caused the respondent No.2 to record the particulars of Directors, Manager and Managing Agents in a wrongful manner on the basis o......The respondent No.3 is directed to pay cost of Taka 50,000 to petition No.1 and Taka 50,000 to petitioner No. 2 within 30 days. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 584. ..Category: Company Law | Date: 24 Jul, 2013 | Hits: 10
....respondents No.2-4 treating the same as a proper miscellaneous case after hearing both sides forthwith.
Communicate at once.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2013) 1.
......respondents No.2-4 treating the same as a proper miscellaneous case after hearing both sides forthwith.
Communicate at once.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2013) 1.
......01 1 under section 19(4) of Ain restoring the suit in its original file and number after setting aside the ex parte decree passed in the year 2004.
10. To appreciate the submissions pressed into service by both sides it would be profitable to quote section 19(1) to (4) of Ain which are as fol&s..
Category: Banking Law | Date: 24 Jul, 2013 | Hits: 10
Sarwar Hossain Moni (Md.) Vs. State and another, 2013, 42 CLC (AD)
....iewed in affirming the judgment and order passed by the High Court Division and accordingly, both these petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 283. ......of the offence was taken by the concerned Metropolitan Magistrate, Dhaka against the petitioner punishable under section 138 of the Act, 1881. The cases being triable by a Court of Sessions, the records of the cases were transmitted to the Court of Metropolitan Sessions Judge, Dhaka where the c......iewed in affirming the judgment and order passed by the High Court Division and accordingly, both these petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 283. ..Category: Criminal Law | Date: 24 Jul, 2013 | Hits: 8
Zahidul Islam (Md.) Vs. Md. Kamal Hossain and another, 2013, 42 CLC (AD)
....irected to proceed with the trial of the Sessions case in accordance with law and dispose of the same expeditiously. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 180. ......pt of the summons, the respondent surrendered before the Chief Metropolitan Magistrate, Rajshahi on 21-6-2007 and he was enlarged on bail. The case being triable by a Court of Sessions, the case records were transmitted to the Court of Sessions Judge, Rajshahi. The case was registered as Sessio......irected to proceed with the trial of the Sessions case in accordance with law and dispose of the same expeditiously. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 180. ..Category: Others, Procedural Law | Date: 23 Jul, 2013 | Hits: 9
Mati alias Md. Matiar Rahman Vs. State, 2013, 42 CLC (AD)
....304 of the Penal Code, he is hereby sentenced to rigorous imprisonment for ten years. The sentence imposed by the High Court Division is accordingly modified. Ed. This Case is also Reported in: ......ppearing on behalf of the appellant and the learned Deputy Attorney General appearing on behalf of the State and perused the impugned judgment of the High Court Division and other connected papers on record. 7. We note from the leave granting order that the only point raised in this appeal is wi......304 of the Penal Code, he is hereby sentenced to rigorous imprisonment for ten years. The sentence imposed by the High Court Division is accordingly modified. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 23 Jul, 2013 | Hits: 88
....e benefits to the petitioners counting their service period in the development project.
There will be no order as to costs.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 157
......e benefits to the petitioners counting their service period in the development project.
There will be no order as to costs.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 157
......n of Posts from Development Project to Revenue Budget, 2005 Rules clearly entitled an employee transferred from the development project to the revenue set up to enjoy salary, leave, pension and other service benefits from the date of his entry/joining the development project…..(20)
Lawye..
Category: Administrative Law, Employment/Service Law | Date: 8 Jul, 2013 | Hits: 3
Ayurvedia Pharmacy (Dhaka) Ltd. Vs. Meher Banu Bibi and others, 2013, 42 CLC (AD)
....in which deserves our interference. In that view of the matter the petition for leave to appeal is hereby dismissed Ed. This Case is also Reported in: 21 BLT (AD) (2013) 229. ......¦â€¦â€¦Respondents Judgment July 7, 2013. Result: The is hereby dismissed Lawyers Involved: Quamrul Islam Siddique, Advocate instructed by Mohd. Nawab Ali Advocate-on-record- For the Petitioner. Fida M. Kamal, Advocate Instructed by Shamsul Alam, Advocate-on-r......in which deserves our interference. In that view of the matter the petition for leave to appeal is hereby dismissed Ed. This Case is also Reported in: 21 BLT (AD) (2013) 229. ..Category: Civil Law | Date: 7 Jul, 2013 | Hits: 13
Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)
....f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129. ......cross examine him. P.Ws. 10 and 11, who made statement under section 164 of the Code of Criminal Procedure before the Magistrate, were declared hostile. For P.W.12 Kazi Meraz Hossain, Magistrate recorded the statements of the P. Ws. 10 and 11 under section 164 of the Code of Criminal Procedure.......f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129. ..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3
Afazuddin Fakir (Md.) Vs. MH Rahman and others, 2013, 42 CLC (HCD)
....d with the Miscellaneous Case in accordance with law. Send down the lower Court records with copy of this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 581 ......tion of the case land. 3. The case land appertaining to CS Khatian Nos.1028 and 979 within Mouza Kapasia, Police Station Paba, District Rajshahi belonged to one Soleman. Accordingly his name was recorded in the SA Khatian. Thereafter said Soleman transferred his land to Mofezuddin Fakir, p......d with the Miscellaneous Case in accordance with law. Send down the lower Court records with copy of this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 581 ..Category: Property Law | Date: 17 Jun, 2013 | Hits: 4
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