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Ali Hossain Fakir (Md.) and 5 others Vs. Government of the People’s Republic of Bangladesh through the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others, 1997, 26 CLC (HCD)

....olation of the principle of natural justice before the Administrative Tribunal. The applications therefore are summarily rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 231. ......g their period of probation without assigning any reason, they cannot now come to challenge the vires of this provision in the notification. The acceptance of these conditions were the basis of their appointment. We find substance in the submission made by the Attorney-General and if the vires had t..

Category: Employment/Service Law | Date: | Hits: 91

Khairul Bashar (Md.) and 8 others Vs. Collector of Customs and others, 1997, 26 CLC (HCD)

....ng claimed Customs duty on the basis of subsequent SROs vested right of the respective petitioner to import goods and to pay custom duty on the basis of tariff value and custom duty prevailing at the time of opening of the letters of credit on the basis of SROs published before the date of opening o......ty to encash the bank guarantee in full in respect of the discharged Rules and in part in respect of the Rules made absolute in part. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 225. ..

Category: Fiscal/Taxation Law | Date: | Hits: 134

Kamal Miah (Md.) alias Nasim Vs. State and another, 1998, 27 CLC (HCD)

....en for submitting copy of the notice. Under section 422 of the Code of Criminal Procedure, in a criminal appeal notice is required to be given to the appellant after the appeal is ready regarding the time and place where the appeal will be heard and also to an officer as the Government may appoint i......inion that the delay in this case in filing the revisional application may be condoned. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 224. ..

Category: Criminal Law | Date: | Hits: 63

Sentu Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)

....operly. He referred the case of State Vs. Hadis Gani, reported in 45 DLR 400 it has been held: "An Advocate to defend an undefended accused charged with capital offence should be appointed well in time to enable him to study the case and the lawyer should be of sufficient standing and able to ren......ful authority and is of no legal effect. The petitioner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 220...

Category: Criminal Law | Date: | Hits: 63

Dr. Professor MA Hadi Vs. Bangladesh and others, 1997, 26 CLC (HCD)

....same College. He was elected Dean of the Faculty of Medicine for two Sessions 1995-96 and 1996-97 on 30-9-95 under Article 27(5) of the Dhaka University Order, 1973. He was also elected for the first time for the year 1994-95 and 1995-96 (Annexure ‘A’ and ‘A’(1). The petitioner was transferr......f Dhaka University Order, 1973 on 14-8-96 (Annexure-’C’). Thereafter, the petitioner sent a letter dated 24-8-96 to the respondents demanding justice but to no avail. 3. Being aggrieved by the appointment of Syed Modassir Ali as the Dean of the Faculty of Medicine the petitioner moved this Co..

Category: Employment/Service Law | Date: | Hits: 120

Raquibuddin Ahmed Vs. SAM Iqbal and another, 1997, 26 CLC (HCD)

....mner No.1 personally requesting him to accept his joining letter dated 31-3-94 which is annexed as Annexure-F to the contempt petition. On 3-5-94 government in the Ministry of Shipping for the second time directed the contemner No.1 to implement the Court’s judgment vide Annexure-6 to the affidavi......the Chief Metropolitan Magistrate, Dhaka, and the Officer-in-Charge, Ramna Police Station, Dhaka, for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 209...

Category: Others | Date: | Hits: 142

Rieta Rahman Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of People’s Republic of Bangladesh and others, 1996, 25 CLC (HCD)

....d police and the detenu was arrested and taken to Gulshan Police Station. While the detenu was arrested in the house of his brother-in-law, some arms and ammunitions were seized by the police. At the time of arrest the inmates of the house failed to produce the licenses of the aforesaid fire arms. B......release the detenu forthwith if not wanted in connection with any other case. Let an advance order of release be issued immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 201...

Category: Criminal Law | Date: | Hits: 76

Bashir Kha Vs. State, 1998, 27 CLC (HCD)

....informant. Then the accused caught hold of the informant and his punjabi was torn and the accused also gave him fist blows. The other employees of the office then rescued the informant but in the meantime the accused tactfully escaped. Charge was framed against the accused under sections 332 and 448......et aside. The petitioner is acquitted of the charge and also discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 199...

Category: Criminal Law | Date: | Hits: 58

Chairman, Chittagong Port Authority Bandar Bhaban, Chittagong Vs. Khadiza Khatun and others, 1998, 27 CLC (HCD)

....f the Port Authority and the contents of the 3rd schedule of part IV at page 98 of the Port Act, BP Khatian No.4, etc. and that also upon hearing the respondents who in spite of their repeated taking time for producing papers in support of their claim in respect of the land ultimately did not produc......d by the Authorised Officer in CR Case No.5 of 1990 is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 195. ..

Category: Property Law | Date: | Hits: 103

Habibur Rahman alias Md. Habibur Rahman and another Vs. Mobarak Ali Rari and others, 1997, 26 CLC (HCD)

......................................................(10) When a pre-emptor is coming to the Court to exercise his right of pre-emption, which is essentially a predatory right, after a long lapse of time, a heavy duty is cast upon him to prove his alleged knowledge about the impugned transfer by mo......on case fails and the Rule is discharged without any order as to costs. Send down the LC records, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 55; 50 DLR (HCD) (1998) 193. ..

Category: Property Law | Date: | Hits: 78

Dayal Chandra Mondal and others Vs. Assistant Custodian of Vested and Non-Resident Properties (L&B) and Additional Deputy Commissioner (Revenue), Dhaka and others, 1997, 26 CLC (HCD)

....nd threatened to oust him possession by sheer force and under threats of imminent forcible dispossession he was constrained to pray for yearly lease of the suit property under protest but at the same time he filed an application before the appropriate authority for releasing the suit property from t......e Court of Munsif, Savar in Dhaka is hereby decreed. There shall be no order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 186...

Category: Property Law | Date: | Hits: 111

Syed Masud Ali and others Vs. Md. Asmatullah and others, 1978, 7 CLC (AD)

....f the Chapter where it finds place, if we refer to section 50 we find that the section has been inserted in the en­rolment chapter. Specific provisions have been made regarding the person, property, time and manner, in which the enrolment is to be made and in this context section 50 authorises the ......ance has been divided into 12 Chapters and consists of 105 sections. Chapter 1 deals with title, extent and commencement of enactment, definition clause and other preliminaries, chapter II relates to appointment of the Administrator of Waqf, Officers and staff and constitution of committee, Chapter ..

Category: Trust/Waqf Law | Date: | Hits: 136

Commissioner of Income-Tax Vs. M/S. Jamiluddin Corporation Ltd., Bogra, 1979, 8 CLC (AD)

....oks (1888) 21 Q.B.D. 52 (59) that both words "accrue" or "arise" are used in contradis­tinction to the word "receive" and indicate a right to receive. They represent a state anterior to the point of time when the income becomes receivable and connote a character of the income which is more or less ......mputing the total income to the assessee. In the result, therefore, the appeals are dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 242...

Category: Fiscal/Taxation Law | Date: | Hits: 124

University Grants Commission and another Vs. University of Information Technology and Science and another, 2012, 41 CLC (AD)

....n issued without lawful authority and also praying for direction upon the respondents to give approval to its outer campuses at the said two places. Rule was issued in the terms as prayed for. At the time of issuing the Rule, operation of the impugned Memo dated 25.10.2009 was stayed. 3. The case......ty Grants Commission (respondent No.2)" is stayed for a period of two months from date. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 161; 17 BLC (AD) (2012) 84; 32 BLD (AD) (2012) 169. ..

Category: Others | Date: | Hits: 197

Kazi Mohammad Amin Vs. Government of Bangladesh, 2007, 36 CLC (AD)

....on upon correct assessment of the materials on record arrived at a correct decision. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 74. ......erused the judgment of the High Court Division and other con­nected papers. 3. It is undisputed that the writ peti­tioner was serving as a lecturer in Chagachor Senior Fazil Madrasa prior to his appointment as temporary Nikah Registrar. Subsequently he in writing requested the Principal of the ..

Category: Civil Law | Date: | Hits: 87

Mohamaya Rani Saha Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)

....rer and he is still his possession of the same and his name has been recorded in last SA Khatian No.1090 and thereby he became co-sharer of the case land and it is only on 12-1-1998 he, for the first time, came to know that the respondent No.1, on 16-4-1998, purchased the case land from the pro form......s and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 61. ..

Category: Property Law | Date: | Hits: 76

New Dacca Industries Ltd. Vs. Quamrul Huda & others, 1979, 8 CLC (AD)

....4). Judgment Kemaluddin Hossain CJ.- The point involved in this appeal though a short one, is one of con­siderable importance, because of the different nationalisation legislations passed from time to time. The question is whether an employee of a Private Limited Company incorporated un­der ......ons stated above we allow this appeal without any order as to costs. The judgment of the High Court is set aside and the writ re-called. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 234...

Category: Employment/Service Law | Date: | Hits: 104

Atahar Ali Sarder & others Vs. State, 1978, 7 CLC (AD)

....to be used for the purpose of contradic­ting him." "157. In order to corroborate the testi­mony of a witness, any former statements made by such witness relating to the same fact at or about the time when the fact took place, or before, any authority legally competent to investigate the fact, m......hase from the prosecution witnesses an admission in their cross-examination." In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 227. ..

Category: Criminal Law | Date: | Hits: 107

Hafizuddin Ahmed and another Vs. Mahbubul Huq and others, 1983, 12 CLC (AD)

....h of his purchase by the kabala dated 11-7-63 which got no legal basis. 4. A second appeal was preferred against that judgment - S.A. No. 220 of 1963 in which a contention was raided for the first time that the transfer by Delaney Estate to the plaintiff under the kabala dated 1.8.59 was hit by s......owed. The judgment and decree of the High Court Divi­sion is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 174. ..

Category: Property Law | Date: | Hits: 58

Tahera Begum Vs. Farukh Meah, 1982, 11 CLC (AD)

.... dispute. The only ques­tion is whether in the absence of necessary amendment of Muslim Family Laws Ordinance, 1961, Arbitration Council as contemplated in the said Ordinance was in existence at the time when the second marriage of the respon­dent was solemnised? Section 6 sub-section (5) are in t...... the Muslim Family Laws Ordinance, 1961. In the result therefore this appeal is dis­missed but there will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 170. ..

Category: Family Law | Date: | Hits: 166