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Shahidul Vs. State, 1998, 27 CLC (HCD)

....fence charged. In the present case it appears that the accused petitioner was denied his right to present his case at the time of examination of the other accused for no fault of his own as he was in Government custody. So, it appears that the accused petitioner has been prejudiced in the matter sin......not wanted in any other case. Send down a copy of judgment along with the LC record to the trial Court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 222...

Category: Criminal Law | Date: | Hits: 33

Amora Holding Inc. Vs. Bangladesh, 1998, 27 CLC (HCD)

....te authority i.e. Member NBR, dated 28-1-88 was set aside on the following grounds in terms of section 196B of the Customs Act, 1969 under revisional jurisdiction: (a) In terms of section 196B the Government on its own motion can call for and examine the records of the proceedings relating to any......llowed. The office is directed to return the above certified copies alter furnishing of the Photostat copies of the same by the petitioner. Ed. This Case is also Reported in: 51 DLR (1999) 211. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 198

Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)

....hury J Shah Abdul Hannan and others ………………………………………………Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Energy and Mineral Resources,Government of Bangladesh, Bangladesh Secretariat, Segunbagicha, Dhaka and others………………......vision through pipeline in the Petroleum Act 1974 or the Energy Policy 1996, is designed to protect value addition policy as well as to boost employment through consumption by domestic industries and services. If gas dries up through excess production, pipeline exports, Bangladesh would find itself ..

Category: Constitutional Law | Date: | Hits: 231

Thomarshu alias Majhi Vs. Bangladesh, 1999, 28 CLC (HCD)

.... Rule is liable to be discharged and accordingly, is discharged but without any order as to cost. Let the records of the case be sent down. Ed. This case is also Reported in: 52 DLR (2000) 516. ......r. I find that the learned Arbitrator held that- ‘there is nothing on record to show that the petitioner received the Taka under protest’ and that ‘the limitation shall run from the date of service of notice and the petitioner is not entitled to get any benefit for wrong filing of the same..

Category: Property Law | Date: | Hits: 95

Rowshan Ali (Md.) Vs. State, 2000, 29 CLC (HCD)

....tric tonnes of rice in favour of the Chairman, Bera Upazila Parishad for distribution of the same amongst the distressed persons as, relief provided by the Relief and Rehabilitation Department of the Government. Thereafter the Chairman of Beta Upazila Parishad vide his Memo No.3596 dated 8-10-90 all......his bail bonds immediately to serve out the remaining portion of sentence imposed upon him. Send down the lower Court records immediately. Ed. This case is also Reported in: 52 DLR (2000) 510...

Category: Criminal Law | Date: | Hits: 88

Begum Tahmina Vs. Government of Bangladesh, 2000, 29 CLC (HCD)

.... ......tisfaction by the Government based on positive materials as regards possession by the petitioner of any property and liabilities disproportionate to her known source of income before the issuance and service of the impugned notice on the petitioner. The impugned order by the notice dated 27-3-94 as ..

Category: Criminal Law | Date: | Hits: 78

Shamsuddin Ahmed and others Vs. State and another, 2000, 29 CLC (HCD)

.... section 127) or punishable under section 108A, or section 153A or Section 294A, or section 295A, or Section 505 of the same Code unless upon complaint made by order of or order by authority from the Government or some officers empowered in this behalf by the Government." Secondly that the public......nds. Send down the records of the case to the Court of the Magistrate at once. Also communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 52 DLR (2000) 497...

Category: Criminal Law | Date: | Hits: 52

Matiur Rahman Bepari Vs. Wazuddin Bepari & others, 1999, 28 CLC (HCD)

....-6-91 is maintained. 8. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (2000) 450. ......bordinate Judge re-admitted the appeal by the impugned order without serving a copy of the application for re-admission upon the respondent, although on an earlier occasion he had passed an order for service of notice upon learned Advocate of the respondents. The learned Subordinate Judge by his ord..

Category: Procedural Law | Date: | Hits: 77

Abdul Awal (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)

....the Appellate Division and hence we allow the prayer and accordingly grant certificate for preferring appeal before the Appellate Division. Ed. This Case is also Reported in: 52 DLR (2000) 442. ...... the notice under section 34 served on 25-12-83 was a valid one whether the Taxes Appellate Tribunal was right in maintaining that the assessment made on 30-6-85 i.e. beyond one year from the date of service of such notice was not barred by limitation.” 3. Mr. MA Noor, the learned Advocate appe..

Category: Fiscal/Taxation Law | Date: | Hits: 96

Bibi Zarina and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)

....preme Court High Court Division (Special Original Jurisdiction) Present: Syed Amirul Islam J SAN Mominur Rahman J Bibi Zarina and others…………………Petitioners Vs. Government of Bangladesh and others………………………Respondents Judgment December 10......-91 passed by the 1st Court of Settlement in Case No.719 of 1987 within 3(three) months from the date of receipt of the copy of the judgment. Ed. This Case is also Reported in: 52 DLR (2000) 439...

Category: Property Law | Date: | Hits: 90

Manager, Bangladseh Krishi Bank and others Vs. Al-Haj Md. Nurul Islam & another, 1999, 28 CLC (HCD)

....y set aside and Money Suit No.1 of 1991 of the Court of Subordinate Judge, Munshiganj in dismissed. There shall be no order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 434. ......ioner before the Administrative Tribunal was appointed by the defendants and appeal was also dismissed by the appellant who are also employees of the Bank but nonetheless the plaintiff was not in the service of those officers and any decree against those of the Bank cannot be executable against the ..

Category: Civil Law | Date: | Hits: 101

Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Aziz Pipes Limited, 2003, 32 CLC (AD)

....urren­cy loan at the rate of 4% above prevailing bank rate subject to a minimum of 14.50% per annum but the rate shall be finally determined on the basis of terms and conditions as received from the Government. The plaintiff claimed that New Industrial Policy (NTP) of 1982 came into force on 1.7.82......ll realization of the decreetal amount if it is not paid within a period of 90 days from date. The parties are to bear their own costs. Ed. This Case is also Reported in: II ADC (2005) 221. ..

Category: Civil Law | Date: | Hits: 126

State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)

....রন লিপিবদ্ধ করিয়া জামিন মন্জুর করিতে পারিবে ।" 30. The learned Attorney General has referred to the case of Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others reported in 27 DLR (AD) 16. 31. In that ......ause 5 of Article 6 of the Laws (Continuance in Force) Order cannot be called in question in any Court. 46. The language used was:- "(3) Notwithstanding anything in clause (1) a person in the service of Pakistan may, if he is found inefficient or guilty of subversive activities, corruption o..

Category: Criminal Law | Date: | Hits: 100

GM (West), Bangladesh Railway & other Vs. hairman, Labour Court, Rajshahi & another, 1986, 15 CLC (HCD)

....1969 was not le­gally maintainable as the labour court had no juris­diction to entertain the application of the respondent No. 2 since the respondent No. 2 is not workman under the I.R.O. but he is Government servant. In support of this contention Mr. Aftab Hossain, the learned Advocate referred t...... that upon repeal of the said ordinance all officers and other employees of the Railway Board shall stand transferred to and be­come officers and employees of the Government and shall hold office Or service under the Government on the same terms and conditions as were applicable to them immediately..

Category: Labour and Industrial Law | Date: | Hits: 170

Eser Ali Sheikh (Md.) Vs. Md. Mokarram Ali and others, 2001, 30 CLC (HCD)

.... of 1996 of the First Court of Subordinate Judge at Kushtia is also recalled and vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 612. ......injunction. She died leaving two sons, defendants No.1 and 2 who are opposite parties Nos.2 and 3 herein as her only heirs and legal representatives. 4. It was also stated that the plaintiff was a service holder and he could not wait for completion of the negotiation and left for his service leav..

Category: Property Law | Date: | Hits: 91

Abdul Waresh Vs. Md. Abdul Halim and others, 2001, 30 CLC (HCD)

....urts Act for setting aside the ex parte decree and for restoration of the said suit in its original file and number. 7. The said Miscellaneous case was fixed for hearing on 2-8-90 and 2-8-90 being Government holiday, the file was put up for hearing on 4-8-90 and the defendant-petitioner having be......t and the order dated 28-8-9 1 passed by the learned Subordinate Judge. Chittagong in Miscellaneous Case No. 493 of 1990 is affirmed. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 608. ..

Category: Civil Law | Date: | Hits: 86

Sumikin Bussan Corporation Vs. Chittagong Port Authority and Others, 2001, 30 CLC (HCD)

.... declared accepting the decision No.8823 dated 13-9-2000 of the Chittagong Port Authority as contained in Annexure-B to the petition. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 599. ......rt Authority, the respondent No.1, which found respondent No.8 as a non-responsive bidder in respect of the bid for supply of four Rail Mounted Quay Gantry Cranes (QGC) with necessary spare parts and services and declare the result of Price Bid opened on 2 1-9-2000 and as to why respondent No.8, nam..

Category: Others | Date: | Hits: 153

Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)

....adesh (‘Constitution’ for short). An easy way of the relevant provisions of the Constitution is to look at its preamble. The preamble of the Constitution declares in unqualified terms the kind of Government the people of Bangladesh gave to themselves by enacting its Constitution through its Cons......a bare reading of the aforesaid two Articles (123 and 125) will show that there is no apparent conflict between them. Rather the consequences that would follow, if these two Articles are pressed into service in relation to the sane seat, would not only lead to an absurdity but would also create a co..

Category: Constitutional Law | Date: | Hits: 202

Molla Mahjenul Islam Vs. State and others, 2001, 30 CLC (HCD)

.... the said hat till the disposal of the suit. In the application the petitioner stated that the Waqf Estate has the right to hold the Waqf portion of the Ahsangonj Hat which has not been vested in the Government either under the State Acquisition and Tenancy Act or under any other law, that no compen......rder as to costs. The status quo order passed by this Court earlier is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 552...

Category: Property Law | Date: | Hits: 105

Anwar Hossain Vs. Election Commission of Bangladesh and others, 2001, 30 CLC (HCD)

....hman Chowdhury and the petitioner as its secretary general at the relevant time informed the President of the Republic about its decision by letter dated 17-6-1996 to support Awami League to form the Government as the single largest party in the Parliament stating that the decision of the party also......ny lawful authority. In the premises, the Rule is made absolute in view of the reasons stated above without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 546. ..

Category: Constitutional Law | Date: | Hits: 196