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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. ......rtion of the penalty before consideration of the appeal and rejecting the appeal for want of such deposit. 10. Elaborating, he submitted that the Appellate Tribunal could ask for a deposit only in case of decision or order relating to any duty demanded in respect of goods, which have ceased to be..

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. ......aque under section 6(1) of Nari‑o‑Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 and sentencing him thereunder to suffer imprisonment for life. 2. Broad facts relevant for the purpose of the case are that, on the night following on 3‑10‑97 victim Mazeda Khatun, aged about 16 years and s..

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. ...... indefinite allegations and he was discharged from service by order dated 7‑7-1993 by the petitioner-company without giving him any charge-sheet, without affording him any opportunity to defend his case, without holding any inquiry and without giving any second show cause notice. He filed an appli..

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.......Fertilizer Co. Ltd. to reinstate the respondent No. 2 to his former post in service with back wages and continuity in service and other allowance. 2. Respondent No. 2 filed the aforesaid complaint case under section 25(1)(b) of the Employment of Labour (Standing Orders) Act, 1965 in the First Lab..

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.......de, now pending in the Court of Special Judge, Court No.3, Dhaka, should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Prosecution case is that one Mr. Saiful Alam, Assistant Director of the Anti-Corruption Commission (the ACC) has..

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.......ree dated 23.11.1999 (decree signed on 4.01.2000) passed by the Subordinate Judge, Additional Commercial Court No.1, Dhaka in Title Suit No.145 of 1999 decreeing the suit. 2. Relevant facts of the case, in short, are that the respondent No.1, Sonali Bank as plaintiff filed a suit being Title Suit..

Category: Procedural Law | Date: | Hits: 107

Md. Ismail Hossain Vs. Al-haj Syedur Rahman Molla and another, 2009, 38 CLC (HCD)

....irection made above. Communicate a copy of this judgment to the House Rent Controller, Narayanganj at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 327, 15 BLC (HCD) (2010) 342.......l No.36 of 2006 affirming the judgment and order dated 1.3.2006 passed by the Senior Assistant Judge, Fourth Court and House Rent Controller, Narayanganj in House Rent Case No.7 of 2005 rejecting the case should not be set aside and/or pass such other or further order or orders as to this Court may ..

Category: Property Law | Date: | Hits: 105

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.  ......sition in highlighting the absence of the Petitioner's locus standi to file this Application, has submitted that the Loan Agreement itself provides for recourse against the Borrower should there be a case of default made out against the Borrower in keeping with the provisions of Article 20 of the Lo..

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. ......Biman service facilities and allowances including retirement benefits and/or such other or further order or orders passed as to this Court may seem fit and proper.  2. The petitioner’s case, as set out in the Writ Petition, in short, is as follows: The petitioners are the employees of..

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

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

....f law as well as of the rule, we find clear violation of the law as well as rules in respect of according sanction to lodge FIR and to submit charge sheet. Absence of a proper sanction cuts the whole roots of the case. In this respect he decisions referred by the learned Counsel for the petitioner a......, now pending in the Court of Special Judge, Court No.2 Dhaka, should not be quashed and or pass such other or further order or orders as to this Court may seem fit and proper. 2. The prosecution case, in short, is that one MM Shabbir Hassan, Deputy Director, Anti-Corruption Commission on 9-12-2..

Category: Criminal Law | Date: | Hits: 126

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

.... 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.......charge of the Waqf property. He had already assumed office of the Mutwalli. (5) If the dispute between the two cousins as to their respective competency had to be relegated to a Civil Court in any case what was the point in refusing the continuation in the office to the petitioner himself and tha..

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.......roved by the Registrar the said Union insti­tuted I.R.O. Case No.43 of 1983 in the Labour Court at Chittagong against the opposite party No.1 and others. The Labour Court on contest allowed the said case and directed the Registrar of the Trade Union to record the amendment in the constitution of th..

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. ......ase No. 38 of 1984 acquitting the opposite party from the charg­es under section 26 of the Employment of Labour (Standing Orders) Act, 1965. 2. The petitioner as first party filed the com­plaint case No.72 of 1979 under section 25(1)(b) of the Employment of Labour of (Standing Orders) Act, 1965..

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. ......ot be held. On the prayer of the petitioner this court was also pleased to stay the operation of the impugned declar­ation and publication of result in the official Ga­zette. 2. The petitioner's case, in brief, is that he is a renowned social worker and has been working as Chairman of the Malon..

Category: Election Law | Date: | Hits: 171

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

....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. ......ent, who forwarded the same to the analyst for test and report. Thereafter Mr. Shamsul Huq Shikdar, the Drug Superintendent filed a complaint before the Drug Court, Dhaka for taking cognizance of the case under section 16 of the Drugs (Control) Ordinance, 1982. On that complaint cognizance was taken..

Category: Criminal Law | Date: | Hits: 83

Maulana Abdul Motin & others Vs. Shah Alam Bhuiyan & others, 1989, 28 CLC (HCD)

....scharged without any order as to costs. The stay order granted by this Court staying all further proceeding in title suit is vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 243. ......the appropriate Court. Thereafter the plaintiff filed Title Suit No.515 of 1987 in the Court of the Subordinate Judge, Dhaka for declaration of his title and recovery of khas pos­session. The plaint case is that the suit land measur­ing .13 decimals of land out of C.S. plot No.1566 comprising a to..

Category: Procedural Law | Date: | Hits: 82

Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)

.... and 46 canals. The project site is under the direct confluence of the rivers Dhaleswari, Lohajang, Elanjani and Pongli estuaries of the river Jamuna. ‘FAP-20’ is likely to adversely affect and uproot about 3 lakh people within the project area and the extent of adverse impact outside the projec...... which indicates the positive attitude of the people towards the project. It is also asserted that the project is arranging to pay compensation to those land owners who lost their lands, and, in many cases, the contractors have implemented works on having consent from the affected land owners. The l..

Category: Environmental Law | Date: | Hits: 1051

Habibur Rahman Khan Vs. Nurul Islam Khan, 1997, 26 CLC (HCD)

....ible. The Rule being Civil Rule No. 390 (fm) 96 is accordingly disposed of. Send a copy of the judgement to the Court below at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 82. ...... attachment to be withdrawn, or make such other order as it thinks fit.” 6. Mr. Md. Waliul Islam, learned Advocate for the defendant‑appellant‑petitioner, has referred to the decision in the case of Shirkat‑i‑Ahbab Vs. National Bank of Pakistan 21 DLR (SC) 275 wherein their Lordships ob..

Category: Civil Law | Date: | Hits: 65

Syed Abdul Mannan and others Vs. Md. Mujahar Ali Mridha and others, 1997, 26 CLC (HCD)

....hereby vacated. In the facts and circumstances of the case there will be no order as to costs. Send down the LC Records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 81. ......d and disposed of by the learned Subordinate Judge, Jhalakati who by the impugned judgment allowed the appeal and set aside the judgment and decree passed by the learned trial Court and sent back the case on remand to the trial Court for giving an opportunity to the defendant petitioner to prove the..

Category: Procedural Law | Date: | Hits: 72

Standard Manufacturing Company Ltd. Vs. Government of the People’s Republic of Bangladesh and others, 1997, 26 CLC (HCD)

....the above facts and circumstance we find no merit in this Rule. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 79. ......rantee on 29-3-92 for Taka 1,69,290.16. For deciding such a disputed question appeal is the appropriate forum as provided under section 193 of the Customs Act against the impugned order. 5. In the case of Collector of Customs Vs. A Hannan reported in 42 DLR (AD) 167 objection as to the maintainab..

Category: Fiscal/Taxation Law | Date: | Hits: 117