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Md. Aminul Haque Helal Vs. Mr. Justice Sultan Hossain Khan and others, 2006, 35 CLC (HCD)

....ove the petitioners case. In view of our discussions and findings made above, this rule is discharged without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 1. ......f the same report. The case of the Guru Gobinda Basu Vs. Sankari Proshad Ghosal, reported in AIR 1964 (SC) 254 was also considered. In those decisions the point as to the service of the Government of India was argued and it was held that the decisive tests in the matter of appointment in the service..

Category: Constitutional Law | Date: | Hits: 228

Bangladesh Parjatan Corporation Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)

.... writ-respondent-appellants herein to reinstate him in his post with all his due back wages and benefit. The appeals are dismissed. No order as to cost. Ed. This Case is also Reported in: ......Vs. Government of Bangladesh and others being Writ Petition No.4540 of 2000; Secretary, Bangladesh Jute Mills Corporation Vs. SAH Monoar Ali and others 5LG(AD) 249; C.W. Raymond Vs. Ford Motor Co. of India Ltd (1950) 2; F.J.R. 1000 and Crushing (Pakistan) Limited workers Union, Lahore Vs. M/S. Crush..

Category: Employment/Service Law | Date: | Hits: 156

Manirul Huda Vs. National Board of Revenue, represented by its Chairman, Segunbagicha, Ramna, Dhaka and others, 2010, 39 CLC (HCD)

.... should be discharged outright. In the result, the Rule is discharged, however, without an order as to cost. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 23; 7 LG (HCD) (2010) 325. ...... selection of "Universal Self Assessment" return for audit. The purpose of audit is to keep a deterrent on declaration of incorrect income in the return. This audit is made in all countries including India and Pakistan. Only a few of those returns are selected. In the financial year 2008-09 out of a..

Category: Fiscal/Taxation Law | Date: | Hits: 227

AKM Mozammel Huq Vs. Chancellor of the National University, represented by the Secretary, Ministry of Education, Bangladesh Secretariat, Dhaka and others, 2011, 40 CLC (HCD)

....d from 17th November, 2003 to 31st August 2004, and remove them from the employment of National University without delay”. Gobinda Chandra Tagore J. - I agree This Case is also Reported in: ......Bangladesh CRP No.26-32 of 1993; Mohindra Vs. District Judge, Delhi AIR 1971 SC 107; Dr. Nurul Islam Vs. Bangladesh 33 DLR (AD) 201; Protap Singh Vs. Punjab AIR 1964 SC 72; Express Newspaper Ltd. Vs. India AIR 1986 SC 872 O.P; Gupta Vs. India AIR 1987 SC 2257. Lawyers Involved: Dr. Kamal Hossa..

Category: Administrative Law | Date: | Hits: 371

Ansarul Huque Vs. Agrani Bank, 1996, 25 CLC (HCD)

....tiously as possible preferably within three months from the date of receipt of the Judgment. Our order dated 12‑2‑96 is recalled. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 479. ......ement on the back does not have the same effect as an endorsement of a bill of exchange or promissory note. 9. In the case of Ranganathan Vs. Periakaruppan, AIR 1957 (SC) 815, the Supreme Court of India, while discussing the position of a deposit receipt observed: "This is obviously nothing mo..

Category: Civil Law | Date: | Hits: 87

Mahbuba Wahed Vs. Secretary Ministry of Home Affairs & others, 1989, 18 CLC (HCD)

....tendent, Dhaka Central Jail forthwith at the cost of the petitioner by Special Messenger for compliance with the order of this Court. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 153.......e prejudicial activities and the passing of the detention order, the detention order suffers from legal infirmity and the same must be set aside. The learned Advocate has also cited some decisions of Indian jurisdiction in support of his argument. The learned Advocate further submits that no explana..

Category: Criminal Law | Date: | Hits: 109

Eliadah McCord Vs. State, 1995, 24 CLC (HCD)

....icated to the Ambassador of the United States of America in Bangladesh having his office at Baridhara, Gulshan, Dhaka, for information. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 495.......der contained in the packet. The packet contained seal also. This is my report Ext. 20. This is my signature Ext. 20 (1) Cross: I obtained MSc. degree in Chemistry and I got 8 months training from India. There is no training for special examination of heroin. I got training in forensic science. I..

Category: Criminal Law | Date: | Hits: 162

Ruhul Amin Vs. Director, Drug Adminis­tration and Licencing Authority (Drugs), Di­rectorate of Drug Administration, 1986, 15 CLC (HCD)

....d to the Secretary, Ministry of Health and Family Planning for his perusal and necessary action. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 158. ......t's power to frame rules. They do not contain any authority empowering the Government to appoint a licensing authority. 11. However, in Mazhar Hussain's The Law Relating to Drugs and Cosmetics in India (Eastern Book Company, 2nd edition, 1970) the Rule framed in 1945 have been printed at pp, 159..

Category: Others | Date: | Hits: 184

State Vs. Tajul Islam and 8 others, 1992, 21 CLC (HCD)

....; Siraj Din Vs. Kala and another, 16 DLR (SC) 94; State Vs. Bashirulla, 16 DLR 10; State Vs. Fazu Kazi, 29 DLR (SC) 271; Shankaria Vs. State of Rajasthan, AIR 1978 (SC) 1248; Purnananda Das Gupta Vs. Emperor, AIR 1939 Calcutta 65; Ranakarlappa Vs. Emperor, AIR 1929 (Bombay) 327; Mohammad Rainzan Vs.......2 mid‑night he along with Inu, Azid and two others killed Shashanka by throttling him with the help of a Gamcha and that Azid and two others carried the dead body of Shashanka to village Tetulia in India and threw the dead body in an abandoned pucca well there. His Bhagnipati accused Habib was als..

Category: Criminal Law | Date: | Hits: 139

Abul Hussain Md. alias Abul Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and Others, 1991, 20 CLC (HCD)

....py of this order be sent to the respondent No.2, Deputy and Respondent No.4, Officer-in-charge, Mirpur, PS, Dhaka for information. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 521.......ng to private opinion. It is to be not arbitrary, vague, fanciful, but legal and regular." 12. In the case of Ajay Hasi Vs. Khalid Mujib, AIR 1981 (SC) 487 (Paragraph 16) it was observed by the Indian Supreme Court as follows: "It was for the first time in EP Royappa Vs. State of Tamil N..

Category: Criminal Law | Date: | Hits: 105

Abdus Samad Khan & others Vs. Wazed Ali Fakir & others, 1992, 21 CLC (HCD)

....claim in respect of the remaining 1.21 acres of the suit land is dismissed. Parties will bear their respective costs althrough. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 495. ......t of purchase from the defendant Nos.7 and 8 but they could not produce anything in support of their claim. Further case of the plaintiffs is that after the respondent Nos.7 and 8 left Bangladesh for India the defendant Nos.1 ‑6 might have created some forged signatures upon some white papers to c..

Category: Property Law | Date: | Hits: 154

Abdul Quddus Vs. Government of Bangladesh, 1990, 19 CLC (HCD)

....have no reason to interfere with the judgment and order. In the result, the Rule is discharged. We make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 484.......hether by leaving his house in December, 1971 the Respondent No.3 "ceased to occupy, supervise or manage in person his property" The Respondent No.3, who is an immigrant from the province of Bihar in India, was afraid and in apprehension about his security at the time immediately following liberatio..

Category: Property Law | Date: | Hits: 158

Shahadat Hossain & others Vs. State, 1985, 14 CLC (HCD)

....dgment April 30, 1985. Result: The appeal is allowed. Cases Referred to- Hachi Meah and another Vs. the State,17 DLR 692 (Full Bench); Hatu Mullik and others Vs. the Stat, 19 DLR 662; Emperor Vs. Chhudammilal, AIR 1936 Allahabad page 373; Hazard and others Vs. Empire, AIR 1947 Patna ......ppeal is dismissed and the order of conviction and sentence pas­sed against him is confirmed. Anwarul Huque Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 72...

Category: Criminal Law | Date: | Hits: 142

Commissioner of Taxes, Chittagong (South) Zone, Chittagong Vs. Pahartali Textile & Hosiery Mills, Pahartali Chittagong, 1992, 21 CLC (HCD)

....ormulated in this application is in the affirmative and against the Revenue. Parties are to bear their respective costs althrough. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 389. ......eeding under section 34 for re‑examining and re‑determination of income tax liability in spite of a prior determination. 4. From the aforesaid observations made by the different High Courts of India in the cases referred to above it shows that they attributed the meaning to the expression "le..

Category: Fiscal/Taxation Law | Date: | Hits: 266

Mayajan Bibi Vs. Monohar Ali, 1984, 13 CLC (HCD)

....r Order 9, rule 13 C.P.C. The Rule is, accordingly, made absolute without any order as to costs and the im­pugned order set aside. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 68. ......rcise of inherent power of a Court is not subject to those limitations on its exercise which have been set down by the judicial authorities (notified in the said decision). 4. The Supreme Court of India in the case of Arjun Singh Vs. Mohindra Kumar reported in AIR 1964, 993 observed in similar ve..

Category: Procedural Law | Date: | Hits: 127

Promode Ranjan Paul & others Vs. Government of Bangla­desh & others, 1986, 15 CLC (HCD)

....order as to costs. The judgment and decree of the learned Subordinate Judge are set aside and those of the learned Munsif restored. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 132. ...... Jamini Ranjan and Ramini Kanta owned and possessed the suit land in equal shares and these was no amicable parti­tion of the suit property amongst them. Jamini and Rarnani had left this country for India before the Indo-Pak War of 1965 and have been residing there as Indian nationals and as such t..

Category: Property Law | Date: | Hits: 107

Shahr Banoo Mohsin Asgar and another Vs. Lailun Nahar Ershad and others, 1991, 20 CLC (HCD)

.... do application on merit. There shall, however, be no order as to costs. Let a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 552.......r Ahmed & others Vs. Moulvi Saleh Ahmed and other 40 DLR 239. 11. Similar view was also expressed in the case of Baidynath Dubey Vs. Deonandan Singh, 1968 SCD 275 where the Supreme Court of India held that a court has inherent powers to recall orders obtained by practising fraud on it, at ..

Category: Procedural Law | Date: | Hits: 130

Deputy Commissioner (Revenue), Sylhet Vs. Sudhir Chandra, 1991, 20 CLC (HCD)

.... rejected. The order passed in Civil Order No.2454/90 on 20‑12‑90 in connection with this application stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 549. ...... 3. The People's Republic of Bangladesh contested the suit by filing written statement contending, inter alia, that the owner of the suit land Kirit Bikram Manikya Bahadut was a permanent citizen of India and the suit was declared a vested and non‑resident property and it was leased out to the Su..

Category: Property Law | Date: | Hits: 157

Wing Commander M Hamidullah Khan Bir Protik Vs. Bangladesh and others, 2011, 40 CLC (HCD)

.... against the petitioner, if he is so advised. In the facts and circumstances above, the instant writ petition is rejected summarily. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 491.......clear that 195 Prisoners of War, the alleged per­petrators of the crime against humanity; were not under the custody of Bangladesh at the time of the agreement, rather they were under the custody of India and they were handed over to Pakistan to pro­tect the better interest of the country under a ..

Category: Constitutional Law | Date: | Hits: 314

Al-Amin Construction Co. Ltd. Vs. Government of the People's Republic of Bangladesh and others, 2001, 30 CLC (HCD)

....l the bidders which are awaiting acceptance by the Government. In the result, the Rule is disposed of with the dove observations. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 510. ......intention Writ petition for breach of obligation against the Government lies. 15. There cannot be any dispute about the proposition and pronouncement of the highest courts of both Bangladesh and India. From the facts and circumstances of the instant case we find that no contract has yet been ..

Category: Others | Date: | Hits: 207