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State Vs. Md. Abul Hossain and another, 2011, 40 CLC (AD)

....r the period they have already undergone. The appeals are allowed with the modification of the sentence as above. Ed. This Case is also Reported in: 9 LG (AD) (2012) 47. ......n no cash money was required to be paid by the licence holders but when the licences were presented before the postal operator for renewal, the licence holders were required to pay money, that at the time of issuance of tax token no money was required to be paid but that “only when the same is pre......tence of imprisonment for the period they have already undergone. The appeals are allowed with the modification of the sentence as above. Ed. This Case is also Reported in: 9 LG (AD) (2012) 47. ......tence of imprisonment for the period they have already undergone. The appeals are allowed with the modification of the sentence as above. Ed. This Case is also Reported in: 9 LG (AD) (2012) 47. ..

Category: Criminal Law | Date: | Hits: 85

Biman Bangladesh Airlines Limited and others Vs. Md. Moniruzzaman and others, 2011, 40 CLC (AD)

.... date of passing the judgment and order by the High Court Division on 18-3-2010 in writ petition No.4480 of 2009. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 56.......heir services by Biman did not go to the Labour Court. From the affidavit-in-opposition filed in the writ petition, it appears that the same objection was taken before the High Court Division. At the time of hearing of the Rule, the objection was agitated and in support of the objection, the case of......service benefit from the date of passing the judgment and order by the High Court Division on 18-3-2010 in writ petition No.4480 of 2009. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 56.......service benefit from the date of passing the judgment and order by the High Court Division on 18-3-2010 in writ petition No.4480 of 2009. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 56...

Category: Employment/Service Law | Date: | Hits: 111

Government of the People's Republic of Bangladesh Vs. Nasirur Rahman, 2011, 40 CLC (AD)

....n by the High Court Division in the impugned judgment and order. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 87, 9 LG (AD) (2012) 50, 17 MLR (AD) (2012) 89. ......d the moment the period of the ‘প্রকল্প’ would be over. It was also a condition that before completion of the project, the petitioner could be terminated/relieved of his service any time by giving him one month's notice or giving him one month's salary. Annexure-‘A1’ shows that......on of the direction given by the High Court Division in the impugned judgment and order. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 87, 9 LG (AD) (2012) 50, 17 MLR (AD) (2012) 89. ......on of the direction given by the High Court Division in the impugned judgment and order. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 87, 9 LG (AD) (2012) 50, 17 MLR (AD) (2012) 89. ..

Category: Employment/Service Law | Date: | Hits: 119

Government of Bangladesh and Others Vs. Md. Mosharraf Hossain, 2011, 40 CLC (AD)

....e impugned judgment and order calling for interference by this Court. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 67.......;C) dated 06.05.2002 issued by the Deputy Registrar-1 of the High Court Division. The petitioner's pay scale was fixed at TK. 2250-135X7-3195-EB-140X11-4375 under the National Pay Scale, 1997. At the time of appointment of the petitioner, the post of PA/Stenographer was classified under বাংল......not find any error in the impugned judgment and order calling for interference by this Court. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 67.......not find any error in the impugned judgment and order calling for interference by this Court. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 67...

Category: Employment/Service Law | Date: | Hits: 127

Government of Bangladesh and Others Vs. Himangshu Ranjan Pal, 2011, 40 CLC (AD)

....tive Appellate Tribunal. In the result, the Civil Petition for Leave to Appeal No.2356 of 2009 is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 64. ......e Managing Committee of the aforesaid school. In the year 1990 he was promoted to the post of Assistant Head Master of the school. But due to unknown reasons the petitioner was not given the modified time scale to which he was entitled. He made repeated written representations to the authority conce......for leave on medical ground. The petitioner was allowed two days' casual leave. As per advice of the Doctor he had to take complete bed rest for few weeks and he had undergone medical treatment. Upon recovery he filed an application for medical leave being accompanied with medical certificates. The ......dgment of the Administrative Appellate Tribunal. In the result, the Civil Petition for Leave to Appeal No.2356 of 2009 is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 64. ..

Category: Administrative Law | Date: | Hits: 240

Rajdhani Unnayan Katripakkha (RAJUK) Vs. A.K.M. Abdul Hakim and Others, 2010, 39 CLC (AD)

....nd no substance in this petition, which is accordingly dismissed with cost of Tk. 10,000/- (ten thousand) only. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 34. ......Hamid was allotted 5 kathas land of plot No.7, Road No.20, Block-J, Baridhara Residential Area, Dhaka by allotment letter dated 16.04.1987 and he made payment of the value of the plot during his life time. Before handing over the plot to him he expired in a hospital in Chittagong on 19.06.1994 leavi......eable property. We find no substance in this petition, which is accordingly dismissed with cost of Tk. 10,000/- (ten thousand) only. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 34. ......eable property. We find no substance in this petition, which is accordingly dismissed with cost of Tk. 10,000/- (ten thousand) only. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 34. ..

Category: Civil Law | Date: | Hits: 76

JMS Glass Industries Ltd. Vs. Customs, Excise and VAT Appellate Tribu­nal and others, 2011, 40 CLC (AD)

.... For the reasons stated hereinbefore, we find no merits in the petition and accordingly, the same is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 43. ......ing the Appeal for hearing by waiving deposit of 25% of the demanded or imposed penalty under Section 42 of the VAT Act read with section 196 and 2nd proviso to section 194 of the Customs Act. At the time of hearing of the Appeal on 5-2-2007, the petitioner filed an application to accept the Memo of...... discharging the Rule. For the reasons stated hereinbefore, we find no merits in the petition and accordingly, the same is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 43. ...... discharging the Rule. For the reasons stated hereinbefore, we find no merits in the petition and accordingly, the same is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 43. ..

Category: Fiscal/Taxation Law | Date: | Hits: 130

Azmal Khan Vs. Md. Afzal Khan and others, 2011, 40 CLC (AD)

....e appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 17. ......eferred the case of BKN Pillai Vs. Pillai and anoth­er, AIR 2000 SC 614. 8. We do not dispute the last submission of the learned counsel. It is now established principle that the Court may at any time allow amendment of the pleadings to rectify error in any proceedings in a suit and all necessar......ame. We find no substance in the contention of Mr. Kamal-ul-Alam. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 17. ......ame. We find no substance in the contention of Mr. Kamal-ul-Alam. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 17. ..

Category: Civil Law | Date: | Hits: 86

Ramjan Ali Mistry Vs. Md. Hedayelullah, 1978, 7 CLC (AD)

.... Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this ap­peal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183.......of the present Ordinance, wherein it has been held that the point of default that is to be decided by the Court, is whether the tenant has paid rents allowable under the Act to the full extent at the time of the decree or order for ejectment is made and not an earlier date. Reference is to be made t......Ordinance, the relevant parts of which are as follows: “18. (1) Notwithstanding anything con­tained in the Transfer of Property Act, 1882, or the Contract Act, 1872 no or­der or decree for the recovery of posse­ssion of any premises shall be made as long as the tenant pays rent to the full e......td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this ap­peal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183...

Category: Property Law | Date: | Hits: 87

M/S Pak Jute Mills Ltd. Vs. Income Tax Officer and another, 1978, 7 CLC (AD)

.... has been detailed. This point also fails. In the result, therefore, the appeal is dis­missed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 178. ......ere the rate of surcharge has been detailed. This point also fails. In the result, therefore, the appeal is dis­missed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 178. ......revious year or the previous years, as the case may be of every person. (2) All the provisions of this Act relating to charge assessment, deduction at source, payment in advance, collection, recovery and refund of Income Tax shall, so far as may be, apply to the charge assess­ment, deduc......ere the rate of surcharge has been detailed. This point also fails. In the result, therefore, the appeal is dis­missed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 178. ..

Category: Fiscal/Taxation Law | Date: | Hits: 131

Zaminur Rahman & others Vs. Bangladesh & others, 1978, 7 CLC (AD)

....premises the appeal is dis­missed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171.......h­standing anything contained in these Rules, the Purashava may lease out collec­tion of Octroi of or Octroi post barrier or group of such posts barrier for a period for not exceeding one year at a time on such terms and conditions, not being incon­sistent with the provisions of these rules, as i......uraged. In the above premises the appeal is dis­missed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171.......uraged. In the above premises the appeal is dis­missed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171...

Category: Fiscal/Taxation Law | Date: | Hits: 112

Mullick Brothers Vs. Income Tax Officer and another, 1978, 7 CLC (HCD)

....allowed but without any order as to costs. The impugned demand notices are declared to be of no lawful authority. Ed This Case is also Reported in: 31 DLR (AD) (1979) 165.......gla­desh to be a sovereign People's Republic and thereby confirm the declaration of independ­ence already made by Banga Bandhu Sheikh Mujibur Rahman, and do hereby affirm and resolve that till such time as a Constitution is framed, Banga Bandhu Sheikh Mujibur Rah­man shall be the President of the...... premises the appeal is allowed but without any order as to costs. The impugned demand notices are declared to be of no lawful authority. Ed This Case is also Reported in: 31 DLR (AD) (1979) 165.......pendence. The Martial Law Regulation promulgated by the Martial Law Regime lack the trappings of law. It is issued by one person who arrogates to himself all the State powers on the basis of force of arms and commands obedience to him by the force emanating from the military power. Law as it is unde..

Category: Fiscal/Taxation Law | Date: | Hits: 122

Mohammad Golam Rabbani and another Vs. Government of People's Re­public of Bangladesh, 1978, 7 CLC (AD)

....aragraphs 10-15 in entirely are expunged. In the result the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 163.......d in 30 DLR (1978) at Page 109. 3. From the judgment of the High Court Division it is clear that appellants before the High Court Division in these two Criminal Appeals were not represented at the time the appeals were beard. The Division Bench disposed of those appeals in the absence of the lear......nd the observations in paragraphs 10-15 in entirely are expunged. In the result the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 163.......nd the observations in paragraphs 10-15 in entirely are expunged. In the result the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 163...

Category: Others | Date: | Hits: 145

Sonali Bank Vs. Mozaffor Hossain, 1997, 26 CLC (HCD)

....………………..Petitioner Vs. Mozaffor Hossain………………….Opposite Party Judgment August 17, 1997. Result: The Rule is made absolute and the Order of stay stands vacated. Lawyers Involved: Md. Shahidul Haque, Advocate - For the Petitioner. Not Represented ......h credit account accrued by mortgage along with other two accounts. Notice of the suit had been duly served upon the defendant but with an ulterior motive, the defendant did not appear in the suit in time. The suit was fixed on 8-9-1987 for ex parte disposal. On that date, the defendant filed a peti......t of Subordinate Judge, Barisal is set aside and the ex parte decree dated 30-7-1983 is maintained. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 174. ......t of Subordinate Judge, Barisal is set aside and the ex parte decree dated 30-7-1983 is maintained. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 174. ..

Category: Procedural Law | Date: | Hits: 80

Harunar Rashid (Md.) Vs. Subordinate Judge, (Artha Rin Adalat) Bogra and others, 1997, 26 CLC (HCD)

....rted in: 50 DLR (HCD) (1998) 170.......92 (Annexure to the petition) is hereby declared to have been passed or made without any lawful authority and to be of no legal affect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 170.......n the said Act as such the Artha Rin Adalat traveled beyond their jurisdiction to entertain such suit. The Artha Rule Adalat has been specially established for deciding those cases only which are for recovery of the loan advanced by the financial institution. The learned Artha Rin Adalat has acted a......92 (Annexure to the petition) is hereby declared to have been passed or made without any lawful authority and to be of no legal affect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 170...

Category: Civil Law | Date: | Hits: 71

Abdur Rahim Vs. Arifur Rahman and others, 1997, 26 CLC (HCD)

....ember 27, 1997. Result: No illegality was found in the impugned judgment to call for any interference by this Court. Cases Referred To- Gokal Chand and others Vs. the Firm of Hukam Chand Nathumal, 34 IC page 714; AD Koshol Vs. Balakrishna Eradi, 1981 AIR (SC) page 2235. Lawyers Involv......en statements denying all the material allegations of the plaint and contended, inter alia, that he never entered into any agreement for the sale of the suit property to the plaintiff at any point of time. It has also been contended in the written statement that defendant No.1 is his elder brother a......impugned judgment to call for any interference by this Court exercising revisional power. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 166.......impugned judgment to call for any interference by this Court exercising revisional power. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 166...

Category: Procedural Law | Date: | Hits: 68

Mohor Ranjan Pal and others Vs. State, 1997, 26 CLC (HCD)

....) 163. ......jahar with Ramna Police Station on 23-9-92 under sections 468/471/420/109 of the Penal Code, stating, inter alia, that the offences under the aforesaid sections had been committed by the accused some time in June, 1984. 4. After due investigation a charge-sheet was filed on 30-8-93 against the pe......time of issuance of the Rules stand vacated. Let a copy of this judgment be sent to the learned Divisional Special Judge, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ......time of issuance of the Rules stand vacated. Let a copy of this judgment be sent to the learned Divisional Special Judge, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ..

Category: Criminal Law | Date: | Hits: 71

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

....ail, if he finds any misuse of the privilege of bail by the accused-appellant. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 161.......ibunal Judge will, however, be at liberty to cancel the bail, if he finds any misuse of the privilege of bail by the accused-appellant. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 161.......been stated in the FIR that the 4 storied Building in which the accused is said to have been residing belongs to one Sirajul Islam but in a different case started out of the same search in respect of recovery of some Phensidyl, it has been stated by the Investigating Officer that the accused has bee......ed Aslam was not found in the house but that the informant and his party recovered one pistol with a magazine and 4 live cartridges from the house of the accused-appellant. The informant seized these arms, made a seizure list in presence of the witnesses and then came to the Narayangonj Police Stati..

Category: Criminal Law | Date: | Hits: 65

Ihteshamur Rahman Vs. Masuda Khatun and others, 1998, 27 CLC (HCD)

....rt High Court Division (Civil Revisional Jurisdiction) Present: Mahmudul Amin Choudhury J Gour Gopal Saha J Ihteshamur Rahman………………………Petitioner Vs. Masuda Khatun and others………………………Opposite Parties Judgment January 15, 1998. Resul...... possession in the suit property alleging, inter alia that the suit land along with other lands originally belonged to Naik Goala and accordingly, the CS record was prepared in his name. In course of time the entire land was purchased by one Hariram Dhar in an auction sale about 60 years ago and sin......stituted a suit in the 3rd Court of the Subordinate Judge, Dhaka being Title Suit No.374 of 1984, which was subsequently re-numbered as Title Suit No.258 of 1992, praying for declaration of title and recovery of the Khas possession in the suit property alleging, inter alia that the suit land along w......tively within 3(three) months from the d of receipt of this order. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 159. ..

Category: Property Law | Date: | Hits: 66

Amena Khatun and others Vs. Md. Afsaruddin being dead his heirs 1(ka) Maleka Khatun and others, 1997, 26 CLC (HCD)

....d is maintained. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 156. ...... case against the aforesaid transfer being Miscellaneous case No.62 of 1956 under section 26F of the Bengal Tenancy Act against the plaintiff but the said Miscellaneous case was dismissed. In the meantime plaintiff was dispossessed from the suit land and then he was compelled to file the suit. The d...... 1967. 2. The opposite party No.1 Md. Afsaruddin (now dead) as plaintiff filed Title Suit No.22 of 1967 against the predecessor of present petitioner and opposite party Nos. 2-19 for partition and recovery of khas possession after ascertaining the plaintiffs’ title to the suit land which is an ......down the lower Court records immediately. Cost assessed by the lower Court in respect of the share of the suit land is maintained. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 156. ..

Category: Property Law | Date: | Hits: 63