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Redwan Ahmed Vs. Bangladesh, 2010, 39 CLC (HCD)

....il already granted to him by this Division. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 70. ......xt contention of Mr. Ajmalul Hossain is that the sanction in the instant case is coram non judice as it was accorded by the NBR in its meeting presided over by its Chairman who was not a member of theBoard and further, that the sanction is also bad in law as it was given without giving prior notice ......il already granted to him by this Division. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 70. ......Result: The Rule is discharged. Cases Referred to- Md. Nazimuddin Chairman Vs. Government of Bangladesh, 61 DLR 2009 81; 21 BLD (AD) 10; ACC Vs. Mohiuddin Khan Alamgir, 62 DLR (AD) 290 and 295; Habibur Rahman Mollah Vs. the State, 62 DLR (AD) 233; and Md. Nazimuddin Chairman Vs. Gover..

Category: Anti-Corruption Laws | Date: 25 Oct, 2010 | Hits: 211

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

....mpany in the plaint……………………………..(13) Cases Referred to- Abul Khair Vs. Pubali Bank, 53 DLR (AD) 62; Vishaka Vs. State of Rajasthan, AIR 1997 SC 3011 and Bangladesh National Women Lawyers Association (BNWLA) Vs. Bangladesh, 14 BLC 694 at page 706. Lawyers In......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. ......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. ......d............Petitioner Vs. Begum Shamsun Nahar.......................Respondent Judgment October 13, 2010. Result: The leave petition is dismissed. Words and phrases Sexual harassment in employment Sexual harassment in employment may be terme..

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

Deen Mohammad Vs. Bangladesh Bank and others, 2010, 39 CLC (HCD)

....ereby vacated. Let a copy of the Judgment be sent to the concerned authority at once for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 506. ......he borrower company would have to pay the usual rate of interest on the rescheduled amount. On 30th September 1998 the Bangladesh Bank through its Joint Director wrote a letter to the Chairman of the Board of Directors of Pubali Bank stating that if the overdue loan had not been paid within two mont......ereby vacated. Let a copy of the Judgment be sent to the concerned authority at once for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 506. ......l Original Jurisdiction) Present: Md. Anwarul Haque J Syed Abu Kowser Md. Dabirushshan J Deen Mohammad………………...................Petitioner Vs. Bangladesh Bank and others………………….Respondents Judgment October 12, 2010. Result: T..

Category: Banking Law | Date: 12 Oct, 2010 | Hits: 423

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

.... No.4 of 2009 before the High Court Division stating, inter alia, that he being a veteran member of a political party, namely, Jatiyo Party was nominated by the Party on 17 November, 2008 for the 9th National Parliamen­tary Election and thereafter he submitted his application along with a copy o......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. ......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. ...... ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J Kazi Mahmud J Nurul Majid Mahmood Humayun ....................Petitioner Vs. Brigadier General Hassan PSC (Rtd.) and others……Respondents Judgment October 7, 2010. Result: The lea..

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)

.... Md. Ashfaqul Islam J SM Emdadul Hoque J Orascom Telecom Bangladesh Limited, (formerly known as Sheba Telecom (Pvt) Limited)……………Petitioner Vs. National Board of Revenue, represented by its Chairman, Segunbagicha, Dhaka and others....................faqul Islam J SM Emdadul Hoque J Orascom Telecom Bangladesh Limited, (formerly known as Sheba Telecom (Pvt) Limited)……………Petitioner Vs. National Board of Revenue, represented by its Chairman, Segunbagicha, Dhaka and others.............................am J SM Emdadul Hoque J Orascom Telecom Bangladesh Limited, (formerly known as Sheba Telecom (Pvt) Limited)……………Petitioner Vs. National Board of Revenue, represented by its Chairman, Segunbagicha, Dhaka and others..........................Respon......sh Limited, (formerly known as Sheba Telecom (Pvt) Limited)……………Petitioner Vs. National Board of Revenue, represented by its Chairman, Segunbagicha, Dhaka and others..........................Respondents Judgment October 7, 2010. Result: ..

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

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

....machinery is not capable of doing the work of inspection properly and adequately. By a further affidavit-in-opposition dated 02.08.2010, respondent No.2 has brought to our notice the formation of the National Council for Industrial Health and Safety (জাতীয় শিল্প স্বাস...... (2011) HCD 36, 8LG (2011) HCD 1. ...... (2011) HCD 36, 8LG (2011) HCD 1. ...... ..

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

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

....oration Karmachari Chakri Probidhamala, 1989 promulgated by the Board of Directors of Bangladesh Sugarcane and Food Industries Corporation under Article 25 of the Bangladesh Industrial Enterprises (Nationalization) Ordinance, 1972. Hence, protection under Article 135 of the Constitution cannot be......Food Industries Corporation), the terms and conditions of his service will be governed by the “Bangladesh Chini-O-Khaddo Shilpa Corporation Karmachari Chakri Probidhamala, 1989 promulgated by the Board of Directors of Bangladesh Sugarcane and Food Industries Corporation under Article 25 of the......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: ......: Zubayer Rahman Chowdhury J Farah Mahbub J S.M. Saiful Hasan……………….....................Petitioner Vs. Director General, Bangladesh Sugarcane Research Institute and others…......Respondents Judgment July 18, 2010. Result: The Rule is disc..

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

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....... 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....... 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.......Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 61; 63 DLR (2011) 1...

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)

....re. Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J Md. Muzammel Hossain J Surendra Kumar Sinha J The Chairman, National Board of Revenue (NBR), Shegunbagicha, Dhaka, Bangladesh............…Petitioner Vs. Adv......eme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J Md. Muzammel Hossain J Surendra Kumar Sinha J The Chairman, National Board of Revenue (NBR), Shegunbagicha, Dhaka, Bangladesh............…Petitioner Vs. Advocate Zul...... Appellate Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J Md. Muzammel Hossain J Surendra Kumar Sinha J The Chairman, National Board of Revenue (NBR), Shegunbagicha, Dhaka, Bangladesh............…Petitioner Vs. Advocate Zulhas Uddin......ur Rahman J Md. Muzammel Hossain J Surendra Kumar Sinha J The Chairman, National Board of Revenue (NBR), Shegunbagicha, Dhaka, Bangladesh............…Petitioner Vs. Advocate Zulhas Uddin Ahmed and others.............Respondents Judgment July 8, 2010. Result: The petition is dismissed. L..

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

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

....apore, hereinafter referred to as Forbes, imported by two different shipments, 50,000.00 and 3,68,000 yards of 100% polyester fabrics, total being 4,02.919 yards, under L/C dated 11.11.1999 opened by National Credit and Commerce Bank Limited, Dilkusha Branch Dhaka, hereinafter referred to as NCCBL o...... 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. ...... 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. ......) 54, VIII ADC (2011) 29. ..

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

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

.... 33. The order of stay granted earlier by the court stands vacated. Communicate the judgment to the respondents at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 138. ...... 33. The order of stay granted earlier by the court stands vacated. Communicate the judgment to the respondents at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 138. ......of respondent No. 2 unlawfully. 3. In this backdrop, this writ petition has been filed by the petitioner and the Rule was obtained. 4. Respondent No.2, Audit and Accounts Officer, Local and Revenue Audhidaptar, Shagunbagicha, Dhaka contested the Rule by filing an affidavit-in-opposition su...... 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 Jurisdiction to cancel the rebate and adjust it on the current account register of the petitioner by necessary order. ..................

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

Bangladesh Vs. Raj Rajashore Cakra Narayan Jiue Deity and others, 2010, 39 CLC (HCD)

....er Class Suit No.398 of 1981 is hereby affirmed. Send down the lower Court records at once. Shahidul Islam J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 340. ......er Class Suit No.398 of 1981 is hereby affirmed. Send down the lower Court records at once. Shahidul Islam J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 340. ......stated that in the year 1957 the suit land was tried to sell in auction behind the back of the plaintiff and the plaintiff filed an objection vide Case No.178-S/57-58 before the Additional Collector (Revenue), Pabna. Upon said objection the C.O. (Revenue), Shahjadpur over Telegram was instructed to ......J Bangladesh, repre­sented by the Deputy Commissioner, Sirajgonj……………………Appellant Vs. Raj Rajashore Cakra Narayan Jiue Deity and others………………………Respondents J..

Category: Evidence Law | Date: 10 May, 2010 | Hits: 161

Amina Khatun and others Vs. State and others, 2010, 39 CLC (HCD)

....n Title Suit No.351 of 1994 is set-aside. Title Suit No.351 of 1994 is decreed. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 106. ......n Title Suit No.351 of 1994 is set-aside. Title Suit No.351 of 1994 is decreed. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 106. ...... to India before 1965. In support of this we can rely on the case of Dayal Chandra Mondal Vs. Assistant Custodian of Vested and Non-Resident properties (L & B) and Additional Deputy Commissioner (Revenue), Dhaka, 50 DLR 186........(9) Expiry of the Law of Enemy Property Since the law o......ted in: 18 BLC (HCD) (2013) 106. ..

Category: Property Law | Date: 26 Apr, 2010 | Hits: 9

Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)

....rvey and Design Institute of Ministry of Railways, the People's Republic of China, (hereinafter called FSDI) for constructing Meghnaghat Site Preparation Project of PDB in order to give work to China National Water Resources and Hydropower Engineering and Corporation hereinafter called (CWHEC) at Ta...... the then Prime Minister who was in-charge of the Ministry, recommended the bid of CWHEC for Taka 141,65,30,296 to the Cabinet Committee. 8. The proposal was accepted by Cabinet Committee in its Board meeting dated 14-12-98. The tender of FSDI was cancelled with dishonest intention to award the...... now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 22; 30 BLD (HCD) (2010) 429 .......gh Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Shamsul Huda J Abu Bakar Siddiquee J Sheikh Hasina................Accused-Petitioner Vs. State and another..............Opposite-Parties Judgment April 22, 2010. Result: The ..

Category: Criminal Law | Date: 22 Apr, 2010 | Hits: 107

Kazi Md. Abdul Basit Vs. State, 2010, 39 CLC (HCD)

....r arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 219. ......r arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 219. ......r arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 219. ...... GA. Monterio 1957AIR (SC) 13 (1889) ILR 26 Cal 158 (DB) AIR 1973 SC 33; P.P. Unnikrishnan Vs. Puthyottil Ahkulty AIR 2000 SC 2952; S. Kuppuswami Rao Vs. The King, AIR 1949 FC1; Swesh Kumar Bhikamchand Jain Vs. Pandey Ajay Bhushan, AIR 1998 SC 1524; P.K Pradhan Vs. State, AIR 2001 SC 2547; Abdul A..

Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119

Md. Osman Gani alias Faruq Mia Vs. Deputy Commissioner and others, 2010, 39 CLC (HCD)

..... Office is directed to communicate the order at once. Syed Md. Ziaul Karim J.- I Agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 179; 18 BLT (HCD) (2010) 311 . ....... Office is directed to communicate the order at once. Syed Md. Ziaul Karim J.- I Agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 179; 18 BLT (HCD) (2010) 311 . ......in respect of suit land is illegal, void and not binding upon him. The trial Court by the Judgment and decree dated 01-06-2004 decreed the suit ex parte. Against which Additional Deputy Commissioner (Revenue), Dhaka as defendant petitioner on 19-07-2005 filed Misc. Case no.26 of 2005 under Order IX ...... Supreme Court High Court Division (Civil) Present: Syed Md. Ziaul Karim J Md. Osman Gani alias Faruq Mia……………………Petitioner Vs. Deputy Commissioner and others……………………….Opposite parties Judgment April 6, 2010. Result..

Category: Procedural Law | Date: 6 Apr, 2010 | Hits: 111

Shabnam Vegetable Oil Industries Limited Vs. Commissioner of Customs (Import) and others, 2010, 39 CLC (HCD)

....4.07.2007. The respondents are hereby directed to release the Bank Guarantees in accordance with law if submitted by the petitioner. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 437. ......4.07.2007. The respondents are hereby directed to release the Bank Guarantees in accordance with law if submitted by the petitioner. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 437. ......4.07.2007. The respondents are hereby directed to release the Bank Guarantees in accordance with law if submitted by the petitioner. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 437. ......ision (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Shabnam Vegetable Oil Industries Limited, having its Factory at 194 Tarabo, Rupgonj, Narayanganj and Head Office at 83, Khatungonj, T.K, Bhaban, Chittagong………………………..Petitioner ..

Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 134

Md. Tofazzel Hossain and others Vs. People's Republic of Bangladesh, 2010, 39 CLC (HCD)

.... Bangladesh Bank vide letter dated 19.08.1998 being Memo No.ELF/FEX/98/2505 sought advice regarding the latest position of the petitioner's loan and adjustment/arrangement with the Financing Bank, National Bank Limited (Respondent No.6) a Branch of Respondent No.5 from the petitioners regarding ......f this Judgment and order. Ad interim direction granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 235. ......f this Judgment and order. Ad interim direction granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 235. ......p;..

Category: Civil Law | Date: 16 Mar, 2010 | Hits: 7

Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)

....itself would justify our move to set aside the whole criminal prosecution. 10. By referring to that part of the FIR, where the informant stated that the meeting of the Execution Committee of the National Economic Council (ECNEC) was not attended by sufficient number of members, Mr. Abdul Matin ......ption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......ption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......eported in: ..

Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102

Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....itself would justify our move to set aside the whole criminal prosecution. 10. By referring to that part of the FIR, where the informant stated that the meeting of the Execution Committee of the National Economic Council (ECNEC) was not attended by sufficient number of members, Mr. Abdul Matin ......uption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......uption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......Reported in: ..

Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131