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Samiran Haider and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....ted 21-3-2000 by the Government of Bangladesh inviting applications for the post of Deputy Assistant Directors in the Directorate under the Prime Minister's Office, applied for the said post and took part in preliminary written and viva voce examinations. Thereafter, appointment letters dated 18-3-2......iction we are not inclined to go into their merits. Accordingly, these Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 410. ......iction we are not inclined to go into their merits. Accordingly, these Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 410. ..Category: Employment/Service Law | Date: | Hits: 107
Barrister Md. Rafiqul Islam Mia Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....sanction to prosecute the petitioner or not and it exercised its discretion in accordance with law which calls for no interference by this Court. 9. We have heard the learned Advocates of both the parties, perused the Writ Petition, Affidavit-in-Opposition, Affidavit-in-reply and the Annexures. ......of Public Works was in the charge of the President (Justice Shahabuddin). Under section 101 of the Town Improvement Act, 1953 there is no bar for a person to exchange one plot with another subject to payment of increased price of the exchange plot at the prevailing rate fixed by Rajuk. 14. It has...... contained in Annexure-C is declared illegal and without lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 407. ..Category: Anti-Corruption Laws | Date: | Hits: 140
Mahbub-ur-Rahman Chowdhury Vs. DG, Bureau of Anti-Corruption and others , 2007, 36 CLC (HCD)
....oner joined on 2-7-1981 and has been working for last 17 years with the full satisfaction of the superior officers and the authority concerned. The petitioner was a freedom fighter and he took active part in the liberation war of Bangladesh and in recognition of his contribution in the war of libera...... In the result, the Rule is discharged without any order as to the cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 403. ...... In the result, the Rule is discharged without any order as to the cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 403. ..Category: Anti-Corruption Laws | Date: | Hits: 150
Shahjahan Ali (Md.) @ Md. Shahjahan Vs. State, 2007, 36 CLC (HCD)
....its that if the conviction is relied upon confessional statement of appellant, then the conviction cannot be under section 302 of the Penal Code, rather it will come under the purview of section 304, part II of the Penal Code. As per averment of confession, victim Sharifa Khatun slapped the accused ...... sentence dated 22-3-2005 is upheld and confirmed. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 396. ...... sentence dated 22-3-2005 is upheld and confirmed. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 396. ..Category: Criminal Law | Date: | Hits: 29
Abdul Mannan Sheikh (Md) Vs. Soleman Bewa and others, 2007, 36 CLC (HCD)
....ant Judge, First Court, Naogaon Sadar, in Other Class Suit No. 80 of 1996, dismissing the suit. 2. Short facts leading to this Rule are that on 13-7-1996, Soleman Bewa, predecessor of apposite parties as plaintiff instituted Other Class Suit No. 80 of 1996 in the First Court of Senior Assista......property capable of division may be lawfully transferred by it though this cannot be done in the case of a heba. Two conditions, however, must concur to make the transaction valid, namely, (1) actual payment of consideration (Iwaz) on the part of the donee and, (2) a bona fide intention on the part ......vacated. Send down the lower Court's record at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 392. ..Category: Property Law | Date: | Hits: 26
Syed Salahuddin Ahmed Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
.... 9. We have perused the record and considered the submissions of the learned Advocates. Annexure-'A' to the writ petition revealed that 0.27 acre of land of JL No. 275 appertaining to CS Plot No.475 (part) under Gulshan Police Station, Dhaka was leased out to the petitioner for 5 years for establish......vacant. The petitioner never spent Taka 2 crore to develop the land, including infrastructural development for the purpose of establishing 'petrol pump' on that land. The petitioner is a defaulter in payment of premiums of his lease since 1994. So, it is clear that the petitioner was an illegal occu......y each of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs and the Ministry of Communication. Ed. This Case is also Reported in: 59 DLR (2007) 388. ..Category: Constitutional Law | Date: | Hits: 200
Khorshed Alam Khan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....mpensation in a deposit account in the Public Account of the Republic which shall be deemed payment for the purpose of taking over possession of the property without any prejudice to the claim of the parties to be determined by the Arbitrator: Provided that any person admitted to be interested ma......y the aforesaid LA proceedings was finalised by the Deputy Commissioner, Lakshmipur on 12-6-1994. Thereafter, the requiring body made the money available to the Deputy Commissioner on 86-1995 for payment of compensation to the affected persons. The same was however, not paid to them and was depo......Lakshmipur by declaring in the official Gazette that LA Case No. 34 of 1993-1994, so far as it relates to the petitioner's land, is abated. Ed. This Case is also Reported in: 59 DLR (2007) 383. ..Category: Property Law | Date: | Hits: 57
State Vs. Kajal Ahmed Jalali, 2007, 36 CLC (HCD)
....sed Shahjahan Howlader Shujan and the accused Dr. Roushan Alam, owner of the Libra Pharmaceuticals Ltd, sought nomination from the BNP and the deceased Shujan succeeded in getting nomination from the party. The accused Dr. Roushan Alam contested with Shujan in that by-election as an independent cand......thwith if not wanted in connection with any other case. Send down the LCRs along with a copy of the judgment to the Court below forthwith. Ed. This Case is also Reported in: 59 DLR (2007) 345.......thwith if not wanted in connection with any other case. Send down the LCRs along with a copy of the judgment to the Court below forthwith. Ed. This Case is also Reported in: 59 DLR (2007) 345...Category: Criminal Law | Date: | Hits: 109
Jakir Hossain Vs. Jel Vanu, 2005, 34 CLC (HCD)
....Opposite Party. Civil Revision No. 2063 of 2004. Judgment Syed Refaat Ahmed J.- In this application under section 115 of the Code of Civil Procedure Rule was issued calling upon the opposite party No. 1 to show cause as to why the impugned judgment and decree dated 12-5-2004 passed by the D......ht of the fact that the Kabala in question is registered as proven by evidence adduced in the form of statements given by competent and reliable witnesses, and instead concerned itself with issues of payment and alleged improper execution by ignoring other material evidence regarding the same as oth....... 25 of 2003 are hereby set aside. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 59 DLR (2007) 340, 26 BLD (HCD) (2006) 98. ..Category: Property Law | Date: | Hits: 32
Bonlac Foods Ltd. Vs. Unilac Sanowara (BD) Ltd. & another, 2005, 34 CLC (HCD)
.... of Bonlac, formed a Joint Venture Company with Sanowara Corporation on 21st June, 1990 under the name and style "Unilac Sanowara (Bangladesh) Ltd" (hereinafter referred to as "Sanowara"), opposite party No. 1 in the instant application. On 1st July 1991, Bonlac entered into a "User Agreement" wit...... that by order of the Registrar the application has been treated as abandoned. (d) From a subsequent note dated 11-72000 it appears that the Office of the Registrar received Form TM 56 with payment of Taka 50 from the applicant seeking restoration of the trademark No. 33243 in class 30 on ......ty for costs may be returned to the learned Advocate appearing on behalf of the petitioner. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 332. ..Category: Intellectual Property Law | Date: | Hits: 199
Farida Begum and others Vs. Kapil Krishna Goldar & another, 2006, 35 CLC (HCD)
....FM Abdur Rahman J.- Accused petitioners, Mosammat Farida Begum and 5 others obtained this Rule on 4-2-2001, under section 561A of the Code of Criminal Procedure, calling upon the complainant opposite party No. 1, Mr. Kapil Krishna Goldar, Tashildar, Vested Property Cell, Madaripur and the State to s......o make or transfer any valuable security, or to receive the principal interest or dividends thereon, or valuable security or any document purporting to be an acquaintance or receipt acknowledging the payment of money, or an acquaintance or receipt for the delivery of any movable property or valuable......e No. 509 of 2000 pending before the Magistrate, 1st Class, Madaripur, is hereby quashed. Let a copy of the Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 328...Category: Criminal Law | Date: | Hits: 28
Mobarak Hossain alias Jewel Vs. State, 2000, 29 CLC (HCD)
....minal Revisional Jurisdiction) Present: Amirul Kabir Chowdhury J Md. Abdul Aziz J Mobarak Hossain alias Jewel………………………....Petitioner Vs. State………… Opposite party Judgment July 20, 2000. Cases referred to- Queen Empress vs. Arumugam & ors......d statement. The said provision runs: “76. Every public officer having the custody of a public document, which any person has a right to inspect, shall give that person on demand a copy of it on payment of the legal fees therefor, together with a certificate written at the foot of such copy tha......e. We therefore find that the Rule merits no consideration and, as such, it should be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 135. ..Category: Criminal Law | Date: | Hits: 25
N Mohd Engineering Industries Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
.... dissatisfied with the aforesaid order took a second appeal before the Taxes Appellate Tribunal, Chittagong Bench being ITA No. 2469/93-94 (Assessment Year 1991-92) and the tribunal after hearing the parties dismissed the appeal and confirmed the order of the Commissioner of Taxes (Appeal). 3. In...... as formulated in paragraph No. 7 of the application in the negative and in favour of the assessee. The parties will bear their own costs. Ed. This Case is also Reported in: 54 DLR (2002) 132....... as formulated in paragraph No. 7 of the application in the negative and in favour of the assessee. The parties will bear their own costs. Ed. This Case is also Reported in: 54 DLR (2002) 132...Category: Fiscal/Taxation Law | Date: | Hits: 72
Bhaskar Chakraborty Vs. State, 2006, 35 CLC (HCD)
.... of 2000 has been stayed by this Court. 2. During the pendency of the instant proceeding, the informant, KMM Iqbal, Law Officer, Lever Brothers Bangladesh Limited, has been added as opposite party No.2 in this proceeding on 10-82003 upon his application. 3. The informant, KMM Iqbal......ment. The appellant used those supplied materials in his aforesaid construction work. The complainant as per contract completed the supply of those materials on 18.6.1985 and submitted the bill for payment of the price. The bill was duly forwarded by the concerned Engineer to the appellant for pay...... accused petitioner is directed to appear before the trial Court to face trial. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 325. ..Category: Criminal Law | Date: | Hits: 81
Naimuddin and another Vs. State, 2007, 36 CLC (HCD)
.... BDR Hilli CP, camp BOP, Fulbari, Dinajpur as informant lodged First Information Report with Hakimpur Police Station implicating the accused appellants alleging, inter alia, that he along with patrol party came out from Hilli Camp Border outpost for preventing smuggling and guarding the border area ...... appeal is dismissed. The impugned judgment and order of conviction is hereby affirmed. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 314. ...... appeal is dismissed. The impugned judgment and order of conviction is hereby affirmed. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 314. ..Category: Criminal Law | Date: | Hits: 84
AKM Shamsuddin Vs. Secretary, Ministry of Establishment and others, 2007, 36 CLC (HCD)
....s leading to this Rule are, that the petitioner joined in Bangladesh Police Service in 1973 as an Assistant Superintendent of Police. After completing the academic and field training, he served the department in various capacities like ASP Additional SP, SR, Additional DIG, DIG, etc. Lastly, he was ......nditions of his appointment were stated in the contract made under Act XII of 1974. Among other things, the contract provided that his appointment was liable to be terminated by one month's notice or payment of one month's salary in lieu thereof. 9. For the convenience of understanding, Claus......ny merit in this Rule. In the result the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 312. ..Category: Employment/Service Law | Date: | Hits: 76
Eskayef Bangladesh Ltd. Vs. Commissioner of Taxes, 2004, 33 CLC (HCD)
....s arisen out of the order dated 6-12-1999 passed by the Taxes Appellate Tribunal, Division Bench No. 3, Dhaka in Income Tax Appeal No. 558 of 1998-99 (assessment year 1993-94), allowing the appeal in part. 2. Short facts necessary for the disposal of the reference application are as follows :......and against the Department but other costs mentioned in the said question are answered in the affirmative. No order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 308. ......and against the Department but other costs mentioned in the said question are answered in the affirmative. No order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 308. ..Category: Fiscal/Taxation Law | Date: | Hits: 64
Monwar Mallik Vs. State, 2007, 36 CLC (HCD)
....l Court below failed to consider that the prosecution intentionally withheld some important witnesses but has come with some interested witnesses who also failed to corroborate each other on material particulars. He further submits that the judgment and order dated 23-4-2003 passed by the learned Ju...... be set at liberty forthwith if not wanted in any other case. Send down the LCR at once along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 301. ...... be set at liberty forthwith if not wanted in any other case. Send down the LCR at once along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 301. ..Category: Criminal Law | Date: | Hits: 38
....ubstance in the submission of the learned Counsel for the appellant.
Accordingly, the appeals are dismissed.
Ed.
This Case is also Reported in: 15 BLC (AD) (2010) 210, 16 MLR (AD) (2011) 447.......d land of by the petitioner together with compensation at the rate of 20% upon the value of the sale deeds and with additional compensation at the rate of 10% till the amount is paid or offered for payment.
13. The learned member of the Appellate Tribunal also maintained the said impugned judgm......ubstance in the submission of the learned Counsel for the appellant.
Accordingly, the appeals are dismissed.
Ed.
This Case is also Reported in: 15 BLC (AD) (2010) 210, 16 MLR (AD) (2011) 447...
Category: Property Law | Date: | Hits: 37
Aminul Haque Shamim (Md) Vs. Government of the People's Republic of Bangladesh, 2003, 32 CLC (HCD)
....d news agencies to maintain their freedom: (b) to build up a code of conduct for newspapers and news agencies and journalists in accordance with high professional standard; (c) to ensure on the part of newspapers and news agencies and journalists the maintenance of a high standard of public ta......airs of the Republic. In view of the discussion made above the application appears to have no substance and hence is rejected summarily. Ed. This Case is also Reported in: 55 DLR (2003) 90. ......airs of the Republic. In view of the discussion made above the application appears to have no substance and hence is rejected summarily. Ed. This Case is also Reported in: 55 DLR (2003) 90. ..Category: Constitutional Law | Date: | Hits: 213
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