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Chief Election Commi­ssioner and 3 others Vs. Controller and Auditor General of Bangladesh and 4 others, 2004, 33 CLC (HCD)

....already been deducted earlier, on account of pension. In the result, this Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 113. ...... Original Jurisdiction) Present: ABM Khairul Haque J Md. Miftahuddin Chowdhury J Chief Election Commi­ssioner and 3 others....................Petitioners Vs. Controller and Auditor General of Bangladesh and 4 others.............Respondents Judgment April 18, 2004. Result:......already been deducted earlier, on account of pension. In the result, this Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 113. ......urisdiction) Present: ABM Khairul Haque J Md. Miftahuddin Chowdhury J Chief Election Commi­ssioner and 3 others....................Petitioners Vs. Controller and Auditor General of Bangladesh and 4 others.............Respondents Judgment April 18, 2004. Result: This Ru..

Category: Employment/Service Law | Date: | Hits: 99

Daulatpur Ice Cold Storage Ltd. and another Vs. Chairman, Power Development Board and others, 1999, 28 CLC (HCD)

....here is any dispute in respect of any bill that can be sorted out either by going to the Civil Court and by depositing the disputed amount to the Court or by filing an application before the Electric Inspector who shall dispose of the matter within 60 days and without exhausting that procedure the p......­1994 evidenced by Annexure 'H' to the application is declared to have been issued without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 109. ...... on the refusal of petitioner to meet that illegal demand the employees became inimical to the petitioner company. However, the respondent No.5 made a general diary on 9‑6‑1994 with Khanjahan Ali Police Station alleging that the petitioner was taking electricity illegally from transformer by a b......­1994 evidenced by Annexure 'H' to the application is declared to have been issued without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 109. ..

Category: Others | Date: | Hits: 135

Rezaul Karim Razu Vs. State, 2004, 33 CLC (HCD)

....appeal is dismissed. The stay order granted earlier by this Court is hereby vacated. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 57 DLR (2005) 104. ......998 BLD 340; Shuinya @ Surju Ali Vs. State, 53 DLR 527. Lawyers Involved: Kh Mahbub Hossain with Kh Bashir Ahmed, Advocate—For the Appellant. Md. Humayun Kabir Bulbul, Assistant Attorney-­General with Md. Iqbal Kabir, Assistant Attorney-General—For the State. Criminal Appeal No. 88 ......) was arrested from Latabaria Surjomukhi Tarun Club and one dagger measuring 18" and one razor measuring 8" were recovered from his possession by informant Md. Abdur Rashid, the then Sub-inspector of Police, Barguna Police Station, who lodged a first information report with the Officer-in-Charge, Ba......appeal is dismissed. The stay order granted earlier by this Court is hereby vacated. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 57 DLR (2005) 104. ..

Category: Criminal Law | Date: | Hits: 78

Dada Engineering Ltd. Vs. Commissioner, Customs Excise and VAT Commissionerate and other, 2010, 39 CLC (HCD)

....08 (Anriexure-F) and dated 3-9-2008 (Annexure-I) are hereby declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (2011) 61. ...... 2002 SC 3687; Anti-Corruption Vs. Barrister Nazmul Huda 60 DLR (AD) 57. Lawyers Involved: MA Hannan and Abdus Samad Azad, Advocates- For the Petitioner. SM Moniruzzaman, Assistant Attorney-General-For the Respondent No.1. AB Siddique, Advocate-For respondent No.5. Writ Petition No.7......08 (Anriexure-F) and dated 3-9-2008 (Annexure-I) are hereby declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (2011) 61. ......VAT Commissionerate and other……..Respondents Judgment August 18, 2010. Result: The Rule is made absolute. Cases Referred to- Khandaker Delowar Hossain, Secretary, BNP Party Vs. Bangladesh Italian Marble Works Ltd, 62 DLR (AD) 298; Dalbir Singh Vs. State of Punjab AIR 1979 (SC)..

Category: Fiscal/Taxation Law | Date: | Hits: 140

Sardar Jan Mohammad and another Vs. Lutfannessa and others, 2004, 33 CLC (HCD)

....side. Learned Subordinate Judge is directed to hear and dispose of the Suit in accordance with law, expeditiously. Send down the record. Ed. This Case is also Reported in: 56 DLR (2004) 514. ......side. Learned Subordinate Judge is directed to hear and dispose of the Suit in accordance with law, expeditiously. Send down the record. Ed. This Case is also Reported in: 56 DLR (2004) 514. ......side. Learned Subordinate Judge is directed to hear and dispose of the Suit in accordance with law, expeditiously. Send down the record. Ed. This Case is also Reported in: 56 DLR (2004) 514. ......nt of the suit. 8. On 6‑5‑92 the suit was instituted for specific performance of a contract. It is averred in the plaint that one Giasuddin Ahmed, a former joint secretary of the Government of Bangladesh, was owner in possession of the suit property. The property is fully described in the sch..

Category: Property Law | Date: | Hits: 61

Lalit Kumar Roy and 2 others Vs. Krishnapada Biswas & others, 2002, 31 CLC (HCD)

....held. Order of status quo as granted at the time of issue of the Rule on 16-8-99 is recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ......held. Order of status quo as granted at the time of issue of the Rule on 16-8-99 is recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ......held. Order of status quo as granted at the time of issue of the Rule on 16-8-99 is recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ......hree daughters inherited the suit land left by Paban Mondal in limited life interest only. Then, the daughters died one after another, first Chota Panchi, followed by Jhoharmoni after independence of Bangladesh in 1971 and lastly, Boro Panchi. After the death of all the daughters, the plaintiffs alo..

Category: Property Law | Date: | Hits: 64

Intertek Testing Service (BD) Ltd. and another Vs. President, Appellate Tribunal, Customs, Excise and VAT, Dhaka and others, 2003, 32 CLC (HCD)

.... hence, of no legal effect. The Appellate Tribunal is hereby directed to dispose of the appeals in accordance with law as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 74. ....... Bata Shoe Co., 42 DLR (AD) 195. Lawyers Involved: Mahmudul Islam with Md. Mizanul Hoq Chowdhury, MA Hannan and Hasan Raqib Prodhan—For the Petitioners. Fida F kamal, Additional Attorney-General with M Borhanuddin, Deputy Attorney-General M. Syeda Afsar Jahan, Assistant Attorney-General...... hence, of no legal effect. The Appellate Tribunal is hereby directed to dispose of the appeals in accordance with law as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 74. ......ment. 3. In order to appreciate the issues raised, the facts of Writ Petition No.4454 of 2002 could be stated. The petitioner, Intertek Testing Services (BD) Ltd. is a company duly incorporated in Bangladesh under the Companies Act, 1994. It is engaged in the inspection and survey of export and i..

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

Abdur Razzaque (Md) Vs. State, 2003, 32 CLC (HCD)

....ly, accused-appellant Abdur Razzaque is sentenced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ...... Emperor, AIR 1933 Lahore 1002; Kishen Singh Vs. Emperor, AIR 1927 Lahore 580. Lawyers Involved: Munsurul Haque Chowdhury, Advocate ‑ For the Appellant. SM Aminul Islam, Assistant Attorney General ‑ For the State. Criminal Appeal No. 1459 of 1999. Judgment Gour Copal Saba J. - ......following on 3‑10‑97 victim Mazeda Khatun, aged about 16 years and studying in Class Six in the local school, was sleeping along with her minor sister in their dwelling hut at village Mohadebpur, Police Station Netrokona. At about 11.00 PM accused Abdur Razzaque stealthily entered into the dwell......ly, accused-appellant Abdur Razzaque is sentenced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ..

Category: Criminal Law | Date: | Hits: 94

Padma Oil Co. Ltd. Vs. SM Nurul Islam and others, 2002, 31 CLC (HCD)

.... as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 505. ...... as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 505. ...... as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 505. ....... The farther case of the plaintiff is that the petitioner company, Padma Oil Co. Ltd., is a Public Ltd. Company having their Head Office at Chittagong and the shares of the said Company were held by Bangladesh Petroleum Corporation, as well as by several financial institutions, public institutions ..

Category: Employment/Service Law | Date: | Hits: 122

Karnaphuli Fertilizer Co. Ltd. Vs. Chairman, First Labour Court and another, 2002, 31 CLC (HCD)

.... legal effect. In the circumstances, the Rule is made absolute without any order as to costs. Let the lower Court records be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 502....... legal effect. In the circumstances, the Rule is made absolute without any order as to costs. Let the lower Court records be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 502....... legal effect. In the circumstances, the Rule is made absolute without any order as to costs. Let the lower Court records be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 502....... MA Azim Khair, Advocate ‑ For Respondent No 2. Writ Petition No. 515 of 1999. Judgment Md Joynul Abedin J. - This Rule under Article 102 of the Constitution of the People's Republic of Bangladesh calls in question the Judgment and order dated 7‑1‑1999 passed by the Chairman, First..

Category: Labour and Industrial Law | Date: | Hits: 152

Mehedi Hasan Vs. State, 2011, 40 CLC (HCD)

....tioner is concerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 361.......with Ahsanul Karim, Advocate with Khairul Alam Chowdhury, Advocate with Aminul Haque, Advocate and Tanvir Hossain Khan, Advocate - For the petitioner. Md. Mosharraf Hossain Sarder, Deputy Attorney General with Khondaker Modarech Elahi, Assistant Attorney General - For the State. Khurshed Alam ......ner, has been issued calling upon the opposite party to show cause as to why the proceeding of the Special Case No. 18 of 2007, corresponding to A. C. C. G. R. No. 25 of 2007 arising out of Motijheel Police Station Case No. 140(3) 2007 dated 29.03.2007 under section 409/109 of the Penal Code, now pe......tioner is concerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 361...

Category: Administrative Law | Date: | Hits: 173

Noor Alam Vs. Sonali Bank and others, 2011, 40 CLC (HCD)

....m other defendant Nos. 1-2 in accordance with law. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 332.......m other defendant Nos. 1-2 in accordance with law. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 332.......m other defendant Nos. 1-2 in accordance with law. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 332.......nt Vs. Sonali Bank and others…………………Plaintiff respondents Judgment January 5, 2011. Result: The appeal is allowed. Case Referred to- Prafullah Kumar Vs. Govt. of Bangladesh, 28 DLR 123; Sk. Abdul Qasem Vs. Mayez Uddin Mondal, 45 DLR 169; Serajuddin Ahmed and oth..

Category: Procedural Law | Date: | Hits: 107

Industrialisation Fund for Developing Countries Vs. Northern Corporation Limited, 2010, 39 CLC (HCD)

....n the Opposite Party and Mr. Kamal-ul Alam by a Special Messenger at the cost of the Petitioner. Ed.  This Case is also Reported in:16 MLR (HCD) (2011) 313; 30 BLD (HCD) (2010) 623.  ......n the Opposite Party and Mr. Kamal-ul Alam by a Special Messenger at the cost of the Petitioner. Ed.  This Case is also Reported in:16 MLR (HCD) (2011) 313; 30 BLD (HCD) (2010) 623.  ......n the Opposite Party and Mr. Kamal-ul Alam by a Special Messenger at the cost of the Petitioner. Ed.  This Case is also Reported in:16 MLR (HCD) (2011) 313; 30 BLD (HCD) (2010) 623.  ......iciagade, 1310 Kobenhavn K., Denmark............................Petitioner Vs. Northern Corporation Limited, having its office at Plot No. 91, Block K, Suhrawardy Avenue, Baridhara, Dhaka-1212, Bangladesh...........Opposite Party Judgment October 28, 2010. Result: This Application ..

Category: Alternative Dispute Resolution | Date: | Hits: 222

Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

.... The Rule, therefore, fails.  Accordingly, the Rule is discharged without any order as to costs.  Ed. This Case is also Reported in: 63 DLR (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ......h functionality of BFCC. So this committee also recommended that the contractual employees of BFCC be regularized in the service of Biman. Lastly, on 9-1-2005, a five-member commit­tee headed by the General Manager (Administra­tion), Biman submitted a report wherein it was rec­ommended that in or...... The Rule, therefore, fails.  Accordingly, the Rule is discharged without any order as to costs.  Ed. This Case is also Reported in: 63 DLR (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ......nal Jurisdiction) Present: Syed Refaat Ahmed J Moyeenul Islam Chowdhury J Md. Abdul Bari and others ………..............................Petitioners  Vs.  Government of Bangladesh and others....................Respondents Judgment May 13, 2010. Result: The ..

Category: Employment/Service Law | Date: | Hits: 145

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

....giving able assistance to this Court in the matter of disposing the rule in an effective manner. Send down the Lower Court records. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 40. ......Islam (Sujon), SM Rezaul Karim, Advocates, Md. Mehedi Hasan Chowdhury, AKM Rabiul Hassan, Md. Jahangir Hossain (Selim), Advocate-For the Accused Petitioner. AKM Zahirul Haque, Additional Attorney-General, Md. Motahar Hossain, Deputy Attorney-General and Mahabub-ul Alam, Assistant Attorney-Genera......ssued on an application under section 561A of the Code of Criminal Procedure calling upon the opposite party to show cause as to why the proceeding of Special Case No.5 of 2008 arising out of Tejgaon Police Station Case No.19 dated 9-12-2007 corresponding to ACC General Register Case No.160 of 2007,...... 55 DLR 596; 6 DLR (WP) 143; 12 DLR 279; 45 DLR 352; 13 DLR 82; 13 DLR 397; 9 BLC (AD) 162; 52 DLR 335; 53 DLR 125; 51 DLR 125; 51 DLR 25; 5 BCR 184; 59 DLR 407; Abdul Huque Vs. State, 60 DLR (AD) 1; Bangladesh Vs. Iqbal Hasan Mahmood, 60 DLR (AD) 147; Ali Akkas Vs. Enayet Hossain,17 BLD (AD) 44=2 B..

Category: Criminal Law | Date: | Hits: 126

Altaf Miah Vs. Md. Anwar Hossain and another, 1982, 11 CLC (AD)

.... late Chand Miah also sent an application to respondent No.2 praying for being appointed as the next Mutwalli. As there was contest between the two claimants the matter was enquired into by the local Inspector of Waqfs and on the basis of the report submitted by him the Administrator appointed the a...... COURT By the majority opinion the appeal is dismissed with costs and the judgment and order of the High Court Division are affirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 108....... COURT By the majority opinion the appeal is dismissed with costs and the judgment and order of the High Court Division are affirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 108.......competency between the two claimants. The remarks are definitely unfair, inasmuch as, the Administrator in discharging his functions relating to the administrator and management of waqf properties in Bangladesh is required to decide the question of succession. In such a case he is not required to re..

Category: Trust/Waqf Law | Date: | Hits: 188

Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Unions, Chittagong & others, 1989, 18 CLC (HCD)

....d on contest and order of ad-interim injunction granted by this Court ex-parte on 23.11.1988 is hereby set aside. No order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 262.......d on contest and order of ad-interim injunction granted by this Court ex-parte on 23.11.1988 is hereby set aside. No order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 262.......d on contest and order of ad-interim injunction granted by this Court ex-parte on 23.11.1988 is hereby set aside. No order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 262.......e opposite party No.1 herein is a trade union known as Kaptai Rope Line and RD & BB Project Workers Union bearing Registration No.593 of the Kaptai Rope Line and RD & BE Project, a project of Bangladesh Chemical Industries Corporation. The said Union on merger of the said Project with Karnap..

Category: Labour and Industrial Law | Date: | Hits: 203

Jagodish Chandra Dutta Vs. M. H. Azad, 1989, 18 CLC (HCD)

....n exercise of the inherent jurisdiction under section 561A of the Code even. In this view of the matter, the Rule is dis­charged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 257. ......an Siraj, 32 DLR (AD) 1. Lawyers Involved: Abdul Momen Chowdhury, Advocate - For the petitioner. Mamtaz Uddin Ahmed, Advocate - For opposite party. Amirul Kabir Chowdhury, Deputy Attorney General - As Amicus Curiae. Criminal Revision Case No. 36 of 1987. Judgment Md. Abdul Jalil......n exercise of the inherent jurisdiction under section 561A of the Code even. In this view of the matter, the Rule is dis­charged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 257. ......uary 9, 1989. Result: The Rule is discharged. Cases Referred to- Hari Meah Vs. The State, 11 DLR (S.C) page 368; A.K. Khan and others Vs. The Chairman; Second Labour Court of E. Pak (Now Bangladesh) & Moksud Ahmed Vs. A.K. Khan & Co. Works Union, Chittagong, 25 DLR page 192; Md...

Category: Labour and Industrial Law | Date: | Hits: 177

Md. Nawab Ali Khondker Vs. Md. Aminuddin & Others, 1989, 18 CLC (HCD)

....e, if any, for vindication of his right, if so ad­vised. In the result, therefore, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 (HCD) DLR 254. ......e, if any, for vindication of his right, if so ad­vised. In the result, therefore, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 (HCD) DLR 254. ...... materials were snatched away by some unknown miscreants and as such he could not submit those election mate­rials to the Returning Officer. The Presiding Officer also lodged F.I.R. with Pabna Sadar Police Station stating the above facts. Accordingly, a report was also submitted by the Returning Of...... Md. Aminuddin & Others.........................Respondents Judgment February 16, 1989. Result: The Rule is discharged. Cases Referred to- 34 DLR 147; Shahabuddin Iskandar Vs. Bangladesh Election Commission & others, 27 DLR 475; Amjad Hossain Howlader Vs. Govt. of Banglad..

Category: Election Law | Date: | Hits: 171

Abdul Hannan Chowdhury and Asgar Hossain Vs. Shamsul Huq Sikder and the State, 1989, 18 CLC (HCD)

....000/- each with a default order. 2. Facts leading to this, in short, is that on 29.1.87 under the guidance of Mr. Akram Hossain, Assistant Police Commissioner along with Yunus Ali Talukdar, Police Inspector and few employees of the Hoechst Company Ltd. of the Dhaka Office, a raid was conducted in......bt and they are released from their bail bonds immediately. The appeal is therefore, allowed. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 246. ......pri­sonment for a period of 3 years and a fine of Tk. 50,000/- each with a default order. 2. Facts leading to this, in short, is that on 29.1.87 under the guidance of Mr. Akram Hossain, Assistant Police Commissioner along with Yunus Ali Talukdar, Police Inspector and few employees of the Hoechst......bt and they are released from their bail bonds immediately. The appeal is therefore, allowed. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 246. ..

Category: Criminal Law | Date: | Hits: 83