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Loskor Md Mostan Billah Vs. State, 2002, 31 CLC (HCD)
....of Act 11 of 1947 and (7) seven witnesses have already been examined out of 10 (ten) witnesses cited in the charge-sheet. At this stage the Special Public Prosecutor, Khulna enclosing a letter of the Government filed an application on 10‑10‑2001 for withdrawal of the accused petitioner from pros......ional Sessions Judge or an Assistant Sessions Judge or a Metropolitan, Magistrate or a Magistrate of the First Class." 6. It may be added that by Ordinance III of 1987 restriction of length of service of the Judges to become Special Judges has been removed. The main thrust of the submission o..Category: Criminal Law | Date: | Hits: 56
Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)
....e Code of Criminal Procedure (for short The Code) can be glanced at which runs thus: "174. (1) The officer‑in‑charge of a police station or some other police officer specially empowered by the Government in that behalf, on receiving information that a person‑ (a) has committed suicide, o......minal Appeal. The appellants shall be hereinafter referred to as accused-appellants. 35. Awarding of conviction and imposition of penalty upon accused‑appellants have been assailed pressing into service four (4) branches of contentions. 36. The head most contention pressed into service is th..Category: Criminal Law | Date: | Hits: 54
Salahuddin Talukder (Md) Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....al Jurisdiction) Present: SAN Mominur Rahman J Md. Arayes Uddin J Salahuddin Talukder (Md).....................................................Petitioner Vs. Government of the People's Republic of Bangladesh.................Respondent Judgment ......on also recommended some changes, but at this stage the Government dropped the idea of passing any law for amalgamation of various posts in Customs but passed the impugned Act in the name of changing service terms and conditions under Article 133 of the Constitution (vide Annexure‑'C' to the writ ..Category: Employment/Service Law | Date: | Hits: 116
Ocean Containers Ltd. Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....High Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Abdus Salam Mamun J Ocean Containers Ltd………………………..………….Petitioner Vs. Government of Bangladesh and others.........Respondents Judgment December 10, 2002. Cases......id SRO are illegal and without jurisdiction. In the result, the Rule is made absolute for the above reasons without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 250...Category: Fiscal/Taxation Law | Date: | Hits: 86
Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)
....ury and another 51 DLR (AD) 242=4 MLR (AD) 291 an observation has been recorded by Appellate Division in the terms that since there is a Law Commission in Bangladesh the matter may be referred by the Government before the Law Commission for incorporating a section in the Code of Criminal Procedure f......at the affidavit had been the Product of forgery and Notary Public learned Advocate and Magistrate, First Class would be parties to the acts of forgery. 45. The ground and Contentions Pressed into service from the side of the petitioner that the criminal proceeding against the petitioner has been..Category: Criminal Law | Date: | Hits: 79
....ad Fazlul Karim J
Md. Joynul Abedin J
Shah Abu Nayeem Mominur Rahman J
Syed Afsaruddin....................Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh and others....…………..Respondents
Judgmen......nistry of Works and Urban Development, Government of Bangladesh and others reported in 59 DLR (AD) 165, wherein it has been held that the listing of the property as an abandoned property even without service of notice as per provision of Ordinance No. 54 of 1985 will be lawful and that the decree th..
Category: Property Law | Date: | Hits: 54
Russel Vegetable Oil Ltd. Vs. Collector of Customs and others, 2000, 29 CLC (HCD)
....635.00 per metric ton which has been challenged by the petitioner. 8. Mr. Zainul Abedin, the learned Advocate appearing on behalf of the petitioner placed before us a copy of the SRO issued by the Government of Bangladesh, Ministry of Finance Internal Resources Division (Customs) dated 28-10-93 t...... two months. There shall be no order as to costs. Let a copy of this order be sent to the Commissioner of Customs, Chittagong. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 382. ..Category: Fiscal/Taxation Law | Date: | Hits: 79
Abdul Ahad @ Md. Abdul Ahad Vs. State, 2000, 29 CLC (HCD)
....86 pending in the Court of Upazila Magistrate, Jagannathpur, District Sunamganj are quashed. The Rule is accordingly, made absolute. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 379.......istrate without making a formal complaint by himself or of some other public servant to whom he is subordinate, took cognizance of offence by recording an order that the petitioner and others despite service of notice for removal of the obstruction, disobeyed the direction and thereby they have viol..Category: Criminal Law | Date: | Hits: 57
Commissioner of Taxes Vs. Bangladesh Rural Advancement Committee (BRAC), 1999, 28 CLC (HCD)
....3 was legally justified in its direction to treat income of BRAC Printers Limited and Arong exempt from tax in so far as these enterprises are engaged in earning profit and the circular issued by the Government under Memo No.ERD/NGO-11/Sc-86/586 dated 03-09-86 cannot override the provisions of Incom......he facts and in the circumstances of the case the learned Taxes Appellate Tribunal is justified in treating BRAC “wholly charitable organisation” in so far as it is not engaged in dispensing free service”. iii) Whether on the facts and in the circumstances of the case the learned Taxes Appe..Category: Fiscal/Taxation Law | Date: | Hits: 99
....ision
(Special Original Jurisdiction)
Present:
Md. Fazlul Haque J
Md. Abdul Matin J
Mainul Haque (Md.)………………….Petitioner
Vs.
Secretary, Ministry of Water Resources, Government of the People’s Republic of Bangladesh, Bangladesh Secretariat Dhaka and others……......See-3/Complaint (ka)20/93 dated 5-12-95 (Annexure-N) Memo No.192/WDB/Discipline/Sec-Complaint (ka) 20/95 dated 28-5-97 (Annexure-R) issued by the respondent No. 5 regarding compulsory retirement from service of the petitioner (Annexure-N) should not be declared to have been made without lawful autho..
Category: Employment/Service Law | Date: | Hits: 72
....lul Karim
Md. Joynul Abedin J
Md. Hassan Ameen J
Azam Khan Chowdhury Waqf Estate, represented by its Official Mutwalli-Al Haj Shah Shajiadur Rahman………………Petitioner
Vs.
The Government of the People's Republic of Bangladesh and others........Respondents
Judgment
Janua...... above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner.
Accordingly, the petition is dismissed.
This Case is also Reported in: 19 BLT (AD) (2011) 5.
..
Category: Property Law | Date: | Hits: 71
Lutfor Rahman Vs. Divisional Mechanical Engineer and others, 1998, 27 CLC (HCD)
.... Accordingly, we direct to dispose of the review petition according to law. In the result, we make the Rule absolute. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 133.......as not found satisfactory by the authority and was rejected. The petitioner was punished by stopping one annual increment. He was informed about the same on 5-11-85. He was re-instated and joined his service. While he was serving on reinstatement all on a sudden he received the order of dismissal da..Category: Employment/Service Law | Date: | Hits: 78
Omar Faruk (Md.) and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....(1999) 118. ......ioners are to be rejected. Accordingly, these two review applications being Review Application Nos.15 and 16 of 1998 are rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 118. ..Category: Fiscal/Taxation Law | Date: | Hits: 90
Md. Arif Gaffar Vs. Artha Rin Adalat, Khulna and others, 2010, 39 CLC (HCD)
....reby cancelled. The office is directed to communicate the copy of this judgment at once to the concerned executing Court. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ......, that after commencement of the execution proceedings, the decree holder bank issued notice under section 30 of the Artha Rin Adalat Ain, 2003 and it was returned to the executing Court after proper service upon the judgment debtors. The writ petitioner appeared before the executing Court on 14.9.2..Category: Civil Law | Date: | Hits: 169
Dhaka International University Vs. Secretary, Ministry of Education and others, 1997, 26 CLC (HCD)
....seeking permission to commence classes of the University as stated in paragraph 5 of the Writ Petition but stated that the petitioner could not legally admit students without obtaining Sanad from the Government. The respondent 1 also stated that although the Hon’ble Minister directed to give Dr. R...... further stated that the Writ Petition, Rule and the stay order issued on 24-3-97 was served upon the respondents, the Government and the University Grants Commission. But the respondents in spite of service of these remained silent and allowed the University to continue its normal activities withou..Category: Others | Date: | Hits: 104
Muhammadullah Vs. Sessions Judge and others, 1998, 27 CLC (HCD)
.... passed without lawful authority and why direction should not be made for quashing proceedings against the petitioner in GR Case No.1 of 1983. 2. The relevant facts are that the petitioner entered Government Service in 1967 as Typist and subsequently became Stenographer in the Noakhali Judgeship ...... the premises we do not find any illegality in the impugned order. Accordingly, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 374...Category: Criminal Law | Date: | Hits: 56
....riginal Jurisdiction)
Present:
Kazi Ebadul Hoque J
AK Badrul Huq J
Abdul Hafiz (Md.) and others……………………. Petitioners
Vs.
Director General, Bureau of Anti-Corruption, Government of Bangladesh ………Respondents
Judgment
July 16, 1997.
Cases Referred To-
......devoid of any substance and the same must discharged.
In the result, the Rule is discharged, however, without any order as to cost.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 72.
..
Category: Anti-Corruption Laws | Date: | Hits: 191
QC Shipping Limited and another Vs. Chittagong Port Authority and others, 1998, 27 CLC (HCD)
....ellsehaft mbh (DEG) which are international financing institutes. The company owns two container vessels and has invested about US$ 40.00 million on the project in private sector as per policy of the Government. One of the conditions of the said foreign investment was that the company shall be allow......esult, I make this Rule absolute without any order as to costs. The order of stay is consequently disposed of as being infructuous. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 64. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 583
Arbi Khanom and 4 others Vs. State, 2000, 29 CLC (HCD)
....s ……………….Petitioners Vs. State………………………………………………..Respondents Judgment March 14, 2000. Cases Referred To- Abdur Rouf and another Vs. Government of East Pakistan, 22 DLR 193; 46 DLR (AD) 89; 51 DLR (AD) 84; Bangladesh and others Vs. C...... In the above view, we do not find any merit in the Rules, and accordingly, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 367. ..Category: Criminal Law | Date: | Hits: 37
Sharif and Brothers Vs. Commissioner of Customs and Others, 2000, 29 CLC (HCD)
....s Act, 1969 which reads as follows: “Assessment on the basis of certificate issued by Pre-shipment inspection agencies: Notwithstanding anything contained in any other section of this Act the Government may, by notification in the official gazette, declare that the quality, quantity, price a......ion. In the above view, this Rule is discharged. We do not award any cost having regard to the facts and circumstances of the case. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 362. ..Category: Fiscal/Taxation Law | Date: | Hits: 93
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