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Chairman, Bangladesh Forest Industries Development Corporation (BFIDC) and another Vs. Md. Hatem Ali and others, 2011, 40 CLC (AD)

....th the decision of the High Court Division. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 169. ......yer was capricious, arbitrary and without any application of mind. The petitioner obtained a duplicate Secondary School Certificate as the original was lost and in this process he had to spend enough time collecting the same. The word “Fakir” in his name as well as in his father’s name had rat......y ground to interfere with the decision of the High Court Division. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 169. ......y ground to interfere with the decision of the High Court Division. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 169. ..

Category: Employment/Service Law | Date: | Hits: 739

Government of Bangladesh and others Vs. Dhaka Match Industries Co. Ltd. and others, 2011, 40 CLC (AD)

....ingly, we find no substance in this petition, which is accordingly dismissed with the observations made in the body of the judgment. Ed. This Case is also Reported in: ......2.2010 for a period of 6(six) months i.e. up to 14.06.2011. The present applicant obtained possession of the aforesaid leased godown on rental basis in order to store food grains imported by him from time to time. The said lease agreement was executed between the applicant and Bhaiya Food Industries......he Rule. Accordingly, we find no substance in this petition, which is accordingly dismissed with the observations made in the body of the judgment. Ed. This Case is also Reported in: ......he Rule. Accordingly, we find no substance in this petition, which is accordingly dismissed with the observations made in the body of the judgment. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 131

Engineer A. B. Siddique Vs. Kazi Akramuddin and others, 2011, 40 CLC (AD)

....s dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 279.......hereafter applied to the concerned authority to hand over possession of the land to him. But because of the pendency of a suit in respect of the land, handing over of possession was suspended for the time being and subsequently the suit was dismissed. Thereafter the writ-petitioner applied to writ-r......paration of paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 279.......paration of paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 279...

Category: Property Law | Date: | Hits: 79

Government of the People’s Republic of Bangladesh and another Vs. Md. Shahjahan and others, 2012, 41 CLC (AD)

.... quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations. Ed. This Case is also Reported in:  18 MLR (AD) (2013) 1. ...... of restructuring the Government machinery and reorganizing the Mujibnagar government accepted the Mujibnagar Employees to have always been in the service of the Republic, took various decisions from time to time. The Ministry of Establishment made standing instructions to recruit Mujibnagar Employe......found that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations. Ed. This Case is also Reported in:  18 MLR (AD) (2013) 1. ......found that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations. Ed. This Case is also Reported in:  18 MLR (AD) (2013) 1. ..

Category: Others | Date: | Hits: 138

Chief Engineer, the Local Government and Engineering Department Vs. Sanjoy Kumar Halder and others, 2011, 40 CLC (AD)

....preciation of laws and facts do not call for interference. Accordingly, all the leave-petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 174. ......nd Co-operatives. They have been appointed in their respective posts during the period from 1983 to 2005 in different development projects. The initial projects of the writ petitioners had ended long time back but their services had never been terminated. Rather for “public interests” they were ......g been made on proper appreciation of laws and facts do not call for interference. Accordingly, all the leave-petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 174. ......g been made on proper appreciation of laws and facts do not call for interference. Accordingly, all the leave-petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 174. ..

Category: Others | Date: | Hits: 172

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

....2 DIR (AD) 167; Mostafa Kamal Vs. Commissioner of Customs and others, Writ Petition Nos.4336 and 4337 of 1996. Lawyers Involved: AF Hasan Ariff with Fakhrul Islam and Ziauddin Ahmed Mamun, Advocates - For the Petitioners in all the writ petitions. Matiur Rahman, Advocate - For the Responden......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. ......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)

....HCD) (1998) 224. ......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. ......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)

....esh and others………………………..Respondents Judgment October 27, 1997. Result: The Rule is made absolute Cases Referred To- Neser Ahmed Vs. Bangladesh, 49 DLR (AD) 111; State Vs. Imdad Ali Bepari, 36 DLR 333; State Vs. Hadis Gani, 45 DLR 400. Lawyers Involved: MA W......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.......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)

....…………Petitioner Vs. Bangladesh and others…………………Respondents Judgment June 10, 1997. Result: The Rule is discharged. Case Referred to- Controller of Examinations Vs. Mohiuddin, 44 DLR (AD) 305. Lawyers Involved: Md. Latifur Rahman, Advocate - For th......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......e the writ petition is discharged on the ground of maintainability we do not think it is necessary to go into the merits of the case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 218. ......e the writ petition is discharged on the ground of maintainability we do not think it is necessary to go into the merits of the case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 218. ..

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

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

......Opposite Party Judgment August 6, 1997. Result: The Rule is made absolute. Lawyers Involved: Mainul Hosein with Rokanuddin Mahmud, Mubina Asf Rahman and Humayun Kabir Bulbul Advocates - For the Petitioner. Khandaker Mahbubuddin Ahmed with SM Moonir, Advocates - For the Contem......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.......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)

....immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 201.......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....... residence was surrounded by plain clothed and uniformed 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 faile..

Category: Criminal Law | Date: | Hits: 76

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

....rted in: 50 DLR (HCD) (1998) 199.......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.......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)

....ecial Original Jurisdiction) Present: Md. Ruhul Amin J Md. Iftikhar Rasool J Chairman, Chittagong Port Authority Bandar Bhaban, Chittagong...................Petitioner Vs. Khadiza Khatun and others.......................Respondents Judgment February 18, 1998. Result: T......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. ......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)

....another…………………Petitioners Vs. Mobarak Ali Rari and others……………………Opposite Parties Judgment November 5, 1997. Result: The Rule is discharged. The State Acquisition and Tenancy Act, 1950 (Act No. XXVII of 1951); section 96 The period of ignoranc........................................................(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. ......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)

....Enemy Property (Land & Buildings) and ADC (Rev) Dhaka, 1983 BCR 225; Laxmi Kanta Roy Vs. Upazila Nirbahi Officer and another, 46 DLR 136; Additional Deputy Commissioner (Rev) Narayanganj Vs. AKM Latiful Karim and others, 17 BLD (HCD) 249. Lawyers Involved: SR Karmaker, Advocate - For the P......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.......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

Khodeja Begum & others Vs. Md. Sadeq Sarkar, 1994, 23 CLC (HCD)

....he Rule is made absolute. Cases Referred To- 21 DLR 218; 34 DLR 221; Muller Vs. Oregon, US Supreme Court Report Book 52 Law Edition pages 411, 412. Lawyers Involved: Md. Abdur Rahim, Advocate - For the Petitioners. Faruque Ahmed, Advocate - For the Opposite Party. Civil Revision No......stitution of conjugal rights at present and in future filing of such suits. Let the records of this case be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 181. ......band and wife being a mutual human relationship of adjustment and so one cannot bind another by Court’s decree in a title suit in the nature of declaration of right, title, interest of the land and recovery of khas possession if one of the parties refuse to live with the other. It is an inhuman la......stitution of conjugal rights at present and in future filing of such suits. Let the records of this case be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 181. ..

Category: Family Law | Date: | Hits: 185

Saleha Begum Vs. Kamal Hossain, 1997, 26 CLC (HCD)

....………..Petitioner Vs. Kamal Hossain…………………Opposite Party Judgment November 3, 1997. Result: The Rule is made absolute. Lawyers Involved: Khair Ahmed, Advocate — For the Petitioner. AKM Abdul Malek, Advocate — For the Opposite Party. Civil Revisi...... out of her free will on 16-2-1990 and started residing house of her father. Thereafter the defendant tried bring the petitioner back to his house. But her father refused to send her back to him. Sometime in the middle of 1989 the defendant paid Taka 15000, towards payment of the prompt dower of Tak......so did not care to take back the petitioner and the baby boy nor did anything to maintain them. Faced with thin situation the petitioner made a written complaint before the Chairman of Pourashava for recovery their maintenance. But the Pourashava advised the petitioner to approach the Court for redr......ll be entitled to recover the same in accordance with law. In the facts and circumstances of the case there is no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 180...

Category: Family Law | Date: | Hits: 152

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

....e plain if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 249.......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 ......first schedule land of the plain if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 249.......first schedule land of the plain if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 249...

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

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

....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.......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.......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)

....spondent 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. ......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. ......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