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Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)

....nciple would require to be applied with even greater strictness than in the case of a private individual. That is because of the paramount importance which must be given by every organ of a civilized Government, in which the administration of justice is retained as an integral part of the machinery,......empt has been elaborately discussed with which I am in respectful agreement. Some observations have been made on ‘investigation’ with which also I am in respectful agreement. However, the related orders involved in those cases were in fact the orders passed in granting ‘remand’. The issues r..

Category: Criminal Law | Date: | Hits: 163

MA Qasem Vs. Subordinate Judge, Artha Rin Adalat and others, 1999, 28 CLC (HCD)

....en prejudiced in any respect or manner. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 341. ...... of 1995. Judgment Md. Ruhul Amin J.- This Rule has been obtained upon an application filed under Article 102(2) (a) (ii) of the Constitution of the Peoples Republic of Bangladesh impugning the order dated 9-4-1995 (order No.15 dated 9-4-1995) of the Court of Subordinate Judge and Artha Rin Ad..

Category: Civil Law | Date: | Hits: 90

Serajul Hoque Vs. Commissioner of Taxes, Intelligence and Investigation Zone Dhaka, 1999, 28 CLC (HCD)

....ion raised in this reference is answered in the negative and in favour of the assessee applicant. There will be no order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 338....... other sources under section 19 of the Ordinance. The DCT added Taka 2, 80,000.00 as income although there was an increase in wealth of Taka 2, 48,926.00. 2. Being aggrieved by the said assessment order, the assessee preferred an appeal to the Senior Appellate Joint Commissioner of Taxes Range-A,..

Category: Fiscal/Taxation Law | Date: | Hits: 81

Eman Ali Mallik Vs. State, 2000, 29 CLC (HCD)

.... 6(5) of the Criminal Law Amendment Act, 1958 which provides as follows: “Notwithstanding anything contained in the Code of Criminal Procedure, 1898 or in any other law, previous sanction of the Government shall be required for prosecution of a public servant for an offence under this Act, and ......ent. (In both the appeals) Criminal Appeal No. 1000 of 1995 with Criminal Appeal No. 729 of 1995. Judgment Gour Gopal Saha J.- These two appeals are directed against the judgment and order dated 24-4-95 passed by the Special Judge, Court No. 2, Rajbari in Special Case No.13 of 1994,..

Category: Criminal Law | Date: | Hits: 43

Jamal Uddin alias Md. Jamal Uddin Vs. State, 2000, 29 CLC (HCD)

....e immediate steps for securing his arrest to serve out the sentence imposed upon him. Send down the Lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 330.......e Petitioner. FKM Ahsan Mahbub, Assistant Attorney-General—For the State. Criminal Revision No. 647 of 1993. Judgment Gour Gopal Saha J .- This Rule is directed against the judgment and order dated 27-2-93 passed by the Sessions Judge, Gazipur, in Criminal Appeal No.14 of 1986, affirmi..

Category: Criminal Law | Date: | Hits: 37

A Jabber Howlader Vs. Ali Akbar Howlader and State, 1999, 28 CLC (HCD)

....end down the LC Records along with a copy of this judgment to the District Magistrate, Jhalakati, for disposal of this case as per law. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 329.......represented — the Accused-Respondent. Criminal Appeal No.1128 of 1994. Judgment Md. Hassan Ameen J.- This criminal appeal, at the instance of complainant-appellant, is directed against the order dated 19-5-94, passed by Mr. Abul Kasem, Assistant Commissioner and Magistrate, 1st Class, Jha..

Category: Criminal Law | Date: | Hits: 63

Babar Hossain Vs. State, 2000, 29 CLC (HCD)

.... Magistrate of the 1st Class, Chouddagram and the Deputy Commissioner Comilla immediately for their information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 326. ......e Petitioner. FKM Ahsan Mahbub, Assistant Attorney General—For the State. Criminal Revision No. 1372 of 1992. Judgment Gour Gopal Saha J.- This Rule is directed against the Judgment and order dated 2-6-92 passed by the 4th Court of Additional Sessions Judge, Comilla in Criminal Appeal ..

Category: Criminal Law | Date: | Hits: 58

Shawn Apparels Ltd. Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)

....ssue the impugned order. 6. Mr. Syed Istiaque Ahmed, the learned Advocate appearing for the petitioner company, submits that the petitioner entered into the deal through the instrumentality of the Government or through their agent and relying on the assurance of the respondents they have made an ......Attorney- General—For the Respondents. Writ Petition No. 2692 of 1998. Judgment Syed Amirul Islam J.- This Rule was issued calling upon the respondents to show cause as to why the impugned order vide Nothi No. 5-Cus (2116) Import ICD Group-I/97, dated 14-7.93 Annexure ‘I’ to the petit..

Category: Fiscal/Taxation Law | Date: | Hits: 83

Rabia Bashri Irene and another Vs. Bangladesh Biman Corporation, represented by MD. & another, 2000, 29 CLC (HCD)

....ers in their affidavit-in-reply to the affidavit-in-opposition stated that they were not aware of such Boards resolution dated 18-7-93 and the alleged resolution dated 18-7-93 was not approved by the Government nor it was published in the official Gazette. 9. The petitioners in their affidavit-in......sdiction, that the employments of the petitioners were on contract basis, the terms and conditions were mentioned in the Letter of Appointment, further service regulations of Bangladesh Biman, office orders, standing orders, directives and rules are also applicable to them in matters not specificall..

Category: Employment/Service Law | Date: | Hits: 113

Shahabuddin Ahmed Vs. Abdur Rab Molla & others, 1999, 28 CLC (HCD)

....1992, is set aside. In the result, the Rule is made absolute but without any order as to costs. Send down the records forthwith. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 305. ...... Rule at the instance of the appellant-petitioner was issued under section 115 of the Code of Civil Procedure, calling upon the respondent opposite party No.1 to show cause as to why the Judgment and order No.60 dated 18-10-1993, passed by the Additional District Judge, Narayanganj, in Miscellaneous..

Category: Trust/Waqf Law | Date: | Hits: 189

Golam Mostafa (Md.) and 2 others Vs. Bangladesh Jute Mills Corporation and others, 1999, 28 CLC (HCD)

....oration and another reported in 41 DLR 138, Mustafa Kamal J, as the learned Chief Justice was then, held, inter alia, that- “The petitioner is an employee of a statutory corporation. He is not a Government servant. He cannot claim a second opportunity to show cause as a matter of right. But if ......nvolved. 2. In all the above mentioned 3 writ petitions Rules were issued calling upon the respondents on the application together with supplementary affidavit to show cause as to why the impugned order contained in Memo No. prosi/Bibha Zio 97, Mamla 214 (Head Office) 724-726 dated 19-11-97 issue..

Category: Employment/Service Law | Date: | Hits: 87

Lakshmi Bazar Shahi Masjid Committee and another Vs. St Francis Xavier’s Girls High School, 1999, 28 CLC (HCD)

.... all previous Record of Rights plaintiff School’s name was recorded. The plaintiff School has been exercising acts of ownership and possession on the suit property on regularly paying rents to the Government and also taxes to the Municipal Corporation now City Corporation, Dhaka. The defendant La......eet the ends of justice in a given case brought to the notice of the High Court Division. The High Court Division is clothed with supplementary power of superintendence and control over the judgment, order, action of the Courts subordinate to the High Court Division. The High Court Division can inte..

Category: Property Law | Date: | Hits: 68

Maksuda Akhter Vs. Md. Serajul Islam, 1999, 28 CLC (HCD)

....red on his own application and in case of failure the law will come into force in the manner as aforesaid. No order is passed as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 554.......e —For the Opposite Parties. Civil Revision No. 4890 of 1998. Judgment Abu Sayeed Ahammed J. - This Revision at the instances of the plaintiff Masuda Akhter (Nevy) against the judgment and order dated 16-11-98 passed in Family Execution Case No. 3 of 1998 by the 4th Court of the Additiona..

Category: Family Law | Date: | Hits: 162

Ibrahim Cotton Mills Ltd. and others Vs. Chittagong Chamber of Commerce and Industry and others, 1999, 28 CLC (HCD)

....reinafter referred to as ‘Chamber of Commerce’ was incorporated as a company under section 26 of the erstwhile Companies Act, 1913 on being granted licence by the Ministry of Commerce of the then Government of Pakistan under section 3 of the Trade Organisation Ordinance, 1961. 5. The Chamber ...... Judge, Chittagong alleging that the Board of Directors of the Chamber of Commerce illegally refused their applications for membership of the Chamber of Commerce and prayed for a declaration that the order of the said Board of Directors rejecting their applications was illegal and that they are enti..

Category: Company Law | Date: | Hits: 198

Jalal Uddin Ahmed (Md.) and others Vs. Delwar Hossain and others, 1999, 28 CLC (HCD)

....nths from the date of receipt of this order. No costs. The office is directed to communicate this order at once to the appellate Court. Ed. This Case is also Reported in: 51 DLR (1999) 552.......8 and 19 of 1992 were filed in time and making necessary deposits in time. The trial Court after hearing the pre-emption cases analogously allowed the pre-emption cases on contest by the judgment and order dated 11-8-92. 3. The pre-emptee took the Miscellaneous Appeals 200 and 201 of 1992 against..

Category: Property Law | Date: | Hits: 58

Monowara Begum Vs. Atiqullah, 1999, 28 CLC (HCD)

....rt, Dhaka is hereby set aside. The stay granted earlier by this Court is hereby vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (1999) 550.......Not Represented — the Opposite Parties. Civil Revision Case No. 252 of 1998. Judgment Mahfuzur Rahman J. - This Rule under section 115 of the Code of Civil Procedure is directed against an order passed by Subordinate Judge, 3rd, Court, Dhaka on 30-11-97 in Partition Suit No.176 of 1995 st..

Category: Property Law | Date: | Hits: 57

Abul Kalam Mollah Vs. State, 1999, 28 CLC (HCD)

.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 544.......Respondent. Criminal Appeal No. 1067 of 1991. Judgment Md. Hassan Ameen J. - This Criminal appeal, at the instance of accused appellant Abul Kalam Molla, is directed against the judgment and order dated 6-6-91 passed by the learned Sessions Judge, Faridpur, convicting the accused-appellant ..

Category: Criminal Law | Date: | Hits: 32

Mostafa Aminur Rashid Vs. State, 1999, 28 CLC (HCD)

.... said case which has already been decided on merits and the judgment has been signed is not maintainable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543.......and disposed of by this Bench on 2-2-99. Against that the Criminal Petition for Leave to Appeal No. 76 of 1991 was moved before the Appellate Division but the same was dismissed as not pressed by its order dated 20-5-99. The order of the Appellate Division is in the following terms: “Mr. Abd..

Category: Criminal Law | Date: | Hits: 55

Mostafa Aminur Rashid Vs. State, 1999, 28 CLC (HCD)

.... said case which has already been decided on merits and the judgment has been signed is not maintainable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543.......and disposed of by this Bench on 2-2-99. Against that the Criminal Petition for Leave to Appeal No. 76 of 1991 was moved before the Appellate Division but the same was dismissed as not pressed by its order dated 20-5-99. The order of the Appellate Division is in the following terms: “Mr. Abd..

Category: Criminal Law | Date: | Hits: 52

Khurshid Alam Vs. Securities and Exchange Commission and others, 1999, 28 CLC (HCD)

....he result, the Rule is discharged with cost of Taka 10,000.00 (ten thousand) to be paid by the petitioner to the contesting respondent No. 1. Ed. This Case is also Reported in: 51 DLR (1999) 534.......id letter and also directed to furnish petitioner’s bank account statement for the aforesaid period. Petitioner claimed that he cannot supply the details of payments made by him by bank cheques/pay order nor bank account of the petitioner can be disclosed without proper order from Court or authori..

Category: Banking Law | Date: | Hits: 196