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Salahuddin Talukder (Md) Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)

....r, Appraiser and others so far relates to the petitioner is hereby declared to have been passed without any lawful authority. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 161. ......00) should not be declared to be ultra vires of Articles 133 and 136 of the Constitution of the People's Republic of Bangladesh and, as such, illegal and without lawful authority and why the impugned order No. 7(2) Shu: Va: Pro­3/2000/613 dated 20‑8‑2000 as corrected by order dated 28‑8‑200..

Category: Employment/Service Law | Date: | Hits: 116

Grameen Telecom Vs. Dr. Rowshan Alam and others, 2010, 39 CLC (AD)

....y to the suit. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 69, VIII ADC (2011) 43. ......ed by Md. Abtab Hossain, Advocate-on-Record-For Respondent Nos. 1 and 2. Not Represented-For Respondent Nos.3-75. Civil Petition for Leave to Appeal No. 2029 of 2010. (From the judgment and order dated 25.7.2010 passed by the High Court Division in Civil Revision No. 1932 of 2010.) Judg..

Category: Procedural Law | Date: | Hits: 115

Arefin Mehanati Bahomukhi Samabaya Samity Ltd. Vs. Additional Deputy Commissioner Revenue and others, 2010, 39 CLC (AD)

....petition is accordingly dismissed with cost of Tk. 5,000.00 to be paid by the learned Counsel for the petitioner. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 68, VIII ADC (2011) 155. ......cate, instructed by Mr. Mahbubur Rahman, Advocate-on-Record-For the petitioners. Not Represented- the Respondents. Civil Petition for Leave to Appeal No. 381 of 2009. (From the judgment and order dated 3.12.2008 passed by the High Court Division in Civil Revision No.273 of 2004.) Judgme..

Category: Property Law | Date: | Hits: 58

Md. Abdur Rashid Akand Vs. Md. Raisuddin and others, 2010, 39 CLC (AD)

....ality in the said exercise of power in this case. There is no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 63, VIII ADC (2011) 39.......or Advocate, instructed Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not Represented- the Respondents. Civil Petition for Leave to Appeal No. 383 of 2009. (From the judgment and order dated 28.7.2008 passed by the High Court Division in Civil Revision No. 3570 of 2000.) Judg..

Category: Property Law | Date: | Hits: 48

Ocean Containers Ltd. Vs. Government of Bangla­desh and others, 2002, 31 CLC (HCD)

....id SRO are illegal and without jurisdiction. In the result, the Rule is made absolute for the above reasons without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 250.......etitioner company as an undertaking providing physical infrastructure facilities from the date of its promulgation purporting to exclude the petitioner company from the tax exemption and the impugned orders dated 18‑10‑1999 and 17‑2‑2000 vide Annexures C and F to the writ petition, respectiv..

Category: Fiscal/Taxation Law | Date: | Hits: 86

Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)

....raordinary remedy, and an exception to the general law of bail which can be granted only in extraordinary and exceptional circumstances upon a proper and intelligent exercise of discretion. Generally speaking, the main circumstances as would entitle an order for extraordinary remedy of Pre-arrest ba......f procuring the release of an accused charged with an offence by ensuring his future attendance in court for trial. The act of arrest directly affects the freedom of movement of a person arrested. An order of bail gives back the accused that freedom on condition that he would appear to take his tria..

Category: Criminal Law | Date: | Hits: 79

Syed Afsaruddin Vs. Bangladesh, represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh and others, 2009, 38 CLC (AD)

....and thus there is no merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed Ed. This Case is also Reported in: 16 MLR (AD) (2011) 49, 63 DLR (AD) (2011) 127. ......r Advocate instructed by M.G. Bhuiyan, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 934 of 2008. (From the judgment and order dated 27.11.2007 passed by the High Court Division in Writ Petition No. 6916 of 1997.) Judg..

Category: Property Law | Date: | Hits: 54

Russel Vegetable Oil Ltd. Vs. Collector of Customs and others, 2000, 29 CLC (HCD)

.... two months. There shall be no order as to costs. Let a copy of this order be sent to the Commissioner of Customs, Chittagong. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 382. ......ber 8909. Thereafter on 28-11-94 the petitioner was directed to declare the value of the said goods at US $ 670.00 per metric ton by way of an endorsement on the back of the BIE which is the impugned order. In Writ Petition No.2261 of 1995 the petitioner M/s Afsar Oil and Vegetable Products Priva..

Category: Fiscal/Taxation Law | Date: | Hits: 79

Abdul Ahad @ Md. Abdul Ahad Vs. State, 2000, 29 CLC (HCD)

....86 pending in the Court of Upazila Magistrate, Jagannathpur, District Sunamganj are quashed. The Rule is accordingly, made absolute. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 379.......us Case No. 2786 of 1995. Judgment SK Sinha J.- Points involved in this Rule are, whether a Magistrate can initiate a proceeding under section 188 of the Penal Code for alleged violation of his order without making a formal complaint and that whether a revision petition under section 438 of th..

Category: Criminal Law | Date: | Hits: 57

Commissioner of Taxes Vs. Bangladesh Rural Advancement Committee (BRAC), 1999, 28 CLC (HCD)

....estions put to us in the reference applications are in the affirmative. These two Reference Applications are accordingly disposed of. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 152. ......No. 80 of 1995. Judgment Mahmudul Amin Choudhury J. - These two reference, applications have been filed by the Revenue under section 160 of the Income Tax Ordinance, 1984 which arose out of two orders of the same nature in respect of ITA No. 55 of 1994-95 for the assessment year 1989-90 and IT..

Category: Fiscal/Taxation Law | Date: | Hits: 99

Mazharul Haque Qureishi Vs. Giridhari Rishi and others, 1998, 27 CLC (HCD)

....In the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 149.......ication appears to be out of time by 399 days. The explanation for delay is that the petitioner wrongly filed Miscellaneous Appeal No. 80 of 1994 before the District Judge, Dhaka against the impugned order dated 28-3-94. The petitioner invoked the application of section 14 of the Limitation Act due ..

Category: Property Law | Date: | Hits: 57

Arab Bangladesh Bank Ltd. Vs. Md. Shahiduzzaman DD, Bureau of Anti Corruption, Dhaka and others, 1998, 27 CLC (HCD)

....sions Judge, Dhaka is declared to have been issued illegally and the same is without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 145.......respondent No. 3 District and Sessions Judge, Dhaka according permission to the respondent No. 1 Deputy Director, Bureau of Anti Corruption, Dhaka to seize certain documents (of 9 account holders) in order to facilitate investigation has been called in question. Accordingly, respondent No. 1, Deputy..

Category: Criminal Law | Date: | Hits: 41

Islamic Foundation Bangladesh Vs. Firoz Alam and others, 1997, 26 CLC (HCD)

....1-11-1995 passed by this Court staying the operation of the impugned judgment and decree passed by the trial Court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 141. ......iling written statement. During pendency of the suit plaintiff Khairunnessa died some time in 1994 and subsequently, the heirs of said Khairunnessa i.e. the present respondents, were substituted vide order dated 29-9-94 by the trial Court. 4. The trial Court framed the following issues: (1) Wh..

Category: Property Law | Date: | Hits: 116

Mainul Haque (Md.) Vs. Secretary, Ministry of Water Resources, Government of the People’s Republic of Bangladesh, 1998, 27 CLC (HCD)

....efits he is entitled to get under the aforesaid Bangladesh Water Development Board (Employees) Service Rules, 1982, i.e. under the law. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 136.......slam, Advocates— For Respondent No. 2. Writ Petition No. 3607 of 1997. Judgment Md. Fazlul Haque J. - This Rule was issued calling upon the respondents to show cause as to why the impugned order contained in Memo No. 434 (9)/WDB/Discipline/See-3/Complaint (ka)20/93 dated 5-12-95 (Annexure..

Category: Employment/Service Law | Date: | Hits: 72

Tahera Khatun Bibi and others Vs. Abdul Jalil Mandal and others, 1998, 27 CLC (HCD)

....ption is allowed. Send down the lower Court records at once. The order of status quo granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 134. ...... Abedin, Advocates— For the Opposite Parties. Civil Revision No.121 of 1990 Civil Revision No. 2480 of 1991. Judgment Gour Gopal Saha J. - This Rule is directed against the judgment and order dated 10-1-90 passed by the District Judge, Gaibandha in Misc. Appeal No. 72 of 1988 reversing..

Category: Property Law | Date: | Hits: 56

Mukit and others Vs. State, 2011, 40 CLC (AD)

....in be set at liberty at once if not wanted to connection with any other case. This Case is also Reported in: 8 LG (AD) (2011) 17, 16 MLR (AD) (2011) 86, VIII ADC (2011) 238, 31 BLD (AD) (2011) 56. ......2011. Lawyers Involved: Dr. M. Zahir, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Criminal Appeal No. 519 of 2010. (From the judgment and order dated 26th October, 2008 passed by the High Court Division in Criminal Appeal No. 2213 of 1997..

Category: Criminal Law | Date: | Hits: 49

A. F. M. Obaidur Rahman Vs. Md. Asgar Ali and others, 2003, 32 CLC (AD)

....ny infirmity in the impugned judgment of the High Court Division for interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 34, 63 DLR (AD) (2011) 80. ......nt Nos. 3, 6-9. Civil Petition for Leave to Appeal No. 1273 of 2003. Judgment Mohammad Fazlul Karim J.- The writ-respondent-petitioners seek leave to appeal against the impugned judgment and order dated 25.8.2003 passed by the High Court Division in Writ Petition No. 1248 of 2003 making the..

Category: Civil Law | Date: | Hits: 116

State Vs. Mukta Khan and another, 2011, 40 CLC (AD)

....ith this observation the leave petition is dismissed as infructuous. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 33, 16 MLR (AD) (2011) 92, 8 LG (AD) (2011) 69, 31 BLD(AD) (2011) 110. ...... Huq, Advocate-on-Record-For the Respondents. Criminal Petition for Leave to Appeal No. 507 of 2010. Order ABM Khairul Haque CJ. - This petition for leave to appeal has been filed against an order dated 26.08.2010, passed by the High Court Division in Criminal Miscellaneous Case No.25185 of..

Category: Criminal Law | Date: | Hits: 55

Md. Nasirullah & other Vs. Md. Ziauddin Khan & others, 2007, 36 CLC (AD)

....on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 BLT (AD) (2010) 19. ......s. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 885 of 2005. Judgment MM Ruhul Amin J. - This petition for leave to appeal is directed against the judgment and order dated 13.06.2005 passed by a Single Bench of the High Court Division in Civil Revision No.5930..

Category: Property Law | Date: | Hits: 60

Azam Khan Chowdhury Waqf Estate Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (AD)

.... above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. This Case is also Reported in: 19 BLT (AD) (2011) 5. ......ner. Not Represented-the Respondents. Civil Petition for Leave to Appeal No. 549 of 2007. Judgment Mohammad Fazlul Karim J.- The petition for Leave to Appeal is directed the judgment and order dated 02.04.2007 passed by the High Court Division in Writ Petition No. 1324 of 2004 dischargi..

Category: Property Law | Date: | Hits: 71