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Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)

....hat the appeal to the public status of the Respondent No. 10 chairman in the present case is all the more compelling given that in any case under section 30 of the ordinance of 1978. "Every member of the board and...and every person appointed for carrying out the purpose of this ordinance,......ed of with the directions above. 43. There is no order as to costs. Communicate this judgment and order forth­with. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 83 ......ed of with the directions above. 43. There is no order as to costs. Communicate this judgment and order forth­with. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 83 ..

Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2

Satsang Bangladesh, D. Pakutia Vs. People’s Republic of Bangladesh and others, 2013, 42 CLC (HCD)

....evidence within 2(two) months from the date of receipt of this judgment, order. Communicate the judgment and order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 110 ......ee Sree Thagore Anukul Chandra leaving the Ashrom on 1st September, 1946 AD went to Deoghor of Bihar Province in India. He never returned back to Pabna and as a result the Government of the then East Pakistan acquired the entire land of Hemayetpur Ashrom and established a 'Mental Hospital' t......evidence within 2(two) months from the date of receipt of this judgment, order. Communicate the judgment and order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 110 ..

Category: Civil Law, Procedural Law | Date: 26 Sep, 2013 | Hits: 3

Commissioner of Customs, Excise and VAT Commissioner of Customs, Excise and VAT Vs. Appollo Steel Mills Ltd and others, 2013, 42 CLC (AD)

....the VAT registration was filed under section 19(1) of the Act, it was the duty of the con­cerned VAT authority to move in the matter and give his decision. The concerned VAT authority must have remembered that he, being a Government functionary, was duty bound to act as per the dictate of law th......no reason and logic, he could just sit over the matter. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 143   ......no reason and logic, he could just sit over the matter. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 143   ..

Category: Fiscal/Taxation Law | Date: 24 Sep, 2013 | Hits: 9

State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)

.... dated 31-7-2000 passed by a Division Bench of the High Court Division in Criminal Appeal No. 1349 of 1996 allowing the appeal. 3. After conclusion of the appeal hearing the view of the majority members of this Division was to dismiss the appeal. 4. I have had the privilege of going throug......and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority deci­sions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ......and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority deci­sions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ..

Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7

Government of Bangladesh Vs. Md. Abdul Maleque Miah and 7 anothers, 2013, 42 CLC (AD)

....on on deputa­tion and he was working there. In order to meet the requirement of good number of trained and experienced officers the Government abolished the IMS Cadre and absorbed majority of its members in the BCS (Admn) Cadre in 1982. The Government, in consultation with the public service com......allowed and the impugned judgment and order is set aside with the obser­vations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167   ......allowed and the impugned judgment and order is set aside with the obser­vations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167   ..

Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3

ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)

....riated the salaries of those two alleged gardeners by taking the same from the Adminis­trative Officer Shamsul Haque and excepting the two alleged gardeners Jewel Miah and Selim Parvez, the other members of the staff of the Embassy used to get their salaries through account transfers in their re...... this enactment itself has saved the trial of an offender under two different enact­ments, one of them being the Act (II of 1947). There is a similar provision contained in sec­tion 71 of the Pakistan Penal Code which pro­hibits punishing an offender for more than once for the same act w......eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500.   ..

Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5

Maulana Syed Rezaul Haque Chadpuri and others Vs. Bangladesh Jamaat-e-Islami and others [2nd Part], 2013, 42 DLR (HCD)

....istration of a political party will tantamount to tampering with democracy, which is a basic feature of the Bangladesh Constitution. 303. Moreover, the BJI has been established and is run by its members in accordance with the fundamental right of freedom of expression as enshrined in Article&nb......other gruesome acts, atrocities and unleashed a systematic reign of terror, through the training of Al-Shams, Al-Badr, Rajakars, Peace Committee and other auxiliary forces and guided the occupational Pakistani Army and its auxiliary forces to commit holocaust in the name of Islam. 290. The Elec......some acts, atrocities and unleashed a systematic reign of terror, through the training of Al-Shams, Al-Badr, Rajakars, Peace Committee and other auxiliary forces and guided the occupational Pakistani Army and its auxiliary forces to commit holocaust in the name of Islam. 290. The Election Commi..

Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10

Maulana Syed Rezaul Haque Chadpuri and others Vs. Bangladesh Jamaat-e-Islami and others [1st Part], 2013, 42 DLR (HCD)

....nnihilate 'sovereign will' of the people of Bangladesh and thus its political programme is subversive of the root of our Constitution. The BJI constitution tends to encourage militancy in its members culminating in modern day 'jihad' and various shades of fanaticism and extremism in ......e consideration the Court should not allow itself to be activised at the instance of such person and must reject his application at the threshold. (Emphasis added) 28. In Benazir Bhutto Vs. Pakistan, PLD 1988 SC 416, Pakistan Supreme Court held that as Article 184(3) is open-ende......নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮) (..to be continued at CLC ID ( 9365 ) ..

Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11

Md. Monirul Islam Vs. Bijoy Halder, President Lohalamari Matshajibi Samabaya Samity Ltd. and others, 2013, 42 CLC (AD)

....ecommendation of the Upazilla Jolmohal Management Committee decided to recommend lease in favour of the writ respondent No.6-petitioner herein. 3. The writ petitioner’s contention was that the membership of the writ respondent No.6- the Daipukuria Union Matshajibi Samabaya Samity Ltd. did not......d over possession of the fishery in question and also to refund to the petitioner the proportionate lease money for the unexpired period of the lease. Ed. This Case is also Reported in: ......d over possession of the fishery in question and also to refund to the petitioner the proportionate lease money for the unexpired period of the lease. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: 28 Jul, 2013 | Hits: 169

Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)

....arrest bail to an accused person in the State Vs. Md. Monirul Islam alias Nirab, 19 BLT (AD) 144 =16 BLC (AD) 53 and observed: "In dealing with an application for bail the Judge must also remember that the course of investigation should never be impeded otherwise, the course of justice may......ng with the discretion of the Session Judge in considering of the prayer for bail on merit. 9. This Division again reconsidered all pre­vious decisions of this Division, the Supreme Court of Pakistan, the Federal Court of Pakistan and the Supreme Court of India on this ques­tion about t......h the above observations. Let a copy of this judgment be communi­cated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ..

Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3

Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)

....nder section 138(b) of the Negotiable Instruments Act, 1881 upon the respondent and the same was served through Express Guaranteed Post and also through Courier Service and was received by the family members of the respondent on 3-8-2004. The actions and omissions of the accused-respondent in not ar......t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58.     ......t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58.     ..

Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10

Grameen Telecom Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)

.... shall be sufficient to prove that the letter containing the notice was duly addressed and posted. (2) A notice may be addressed— (a) in the case of a firm or a Hindu undivided family, to any member of the firm, or the manager or any adult male member of the family; (b) in the case of a l......o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ......o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 5 Jun, 2013 | Hits: 86

Bimol Rosario Vs. Barbara Rosario and others, 2013, 42 CLC (HCD)

....learned Assistant Judge cancelled the deed in question (Exhibit A) and decreed the suit. Further, it appears from the "Exhibit A" that the attesting witness of the impugned deed was not the member of the donee and donar's family. D.W.1 in his cross-examination admitted that: — ......w are hereby maintained. Let a copy of this judgment along with the lower Court s record be sent down at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 122.   ......w are hereby maintained. Let a copy of this judgment along with the lower Court s record be sent down at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 122.   ..

Category: Civil Law, Evidence Law | Date: 22 May, 2013 | Hits: 3

Head Mistress, Hazrat Shah Ali Girls' High School, Mirpur, Dhaka Vs. Mohammad Ibrahim and others, 2013, 42 CLC (AD)

....cordingly dis­posed of. The matter is remanded to the High court Division for a fresh hearing. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 300; 18 MLR (AD) (2013)153. ......cordingly dis­posed of. The matter is remanded to the High court Division for a fresh hearing. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 300; 18 MLR (AD) (2013)153. ......cordingly dis­posed of. The matter is remanded to the High court Division for a fresh hearing. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 300; 18 MLR (AD) (2013)153. ..

Category: Procedural Law | Date: 6 May, 2013 | Hits: 15

Iftekharul Karim (Md.) Vs. State, 2013, 42 CLC (HCD)

....; in Bangladesh and to topple the present Government; the informant party chasing the said persons arrested the present accused while others were managed to escape. The accused confessed that he is a member of banned organization 'Hijbul Tahrir'. The police also seized poster of the said ban......etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211.         ......etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211.         ..

Category: Criminal Law | Date: 4 Apr, 2013 | Hits: 4

Golam Nabi and another Vs. Anti-Corruption Commis¬sion, and others, 2013, 42 CLC (HCD)

....ch all these rules issued in these writ petitions are liable to be made absolute. 5. Mr. Taposh further submits that in the instant case admittedly, sanction has been accord­ed by one of the member named Md. Habibur Rahman which also stands against the mandatory provision laid down in secti......e also kept in each writ petition, referred to above facil­itating to incorporate the result in the order sheet. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 181   ......e also kept in each writ petition, referred to above facil­itating to incorporate the result in the order sheet. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 181   ..

Category: Anti-Corruption Laws, Criminal Law | Date: 14 Mar, 2013 | Hits: 4

Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)

....t will not be binding if that information is less than frank, and if it is not indicated that a binding statement is being sought. (x) He who seeks to enforce must be a per­son to whom (or a member of the class to which) the statement was made or the practice applied. (xi) Even though ......on are based on proper appreciation of laws and facts. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 145. ......on are based on proper appreciation of laws and facts. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 145. ..

Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17

Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)

....de 28 items, it was an incomplete Frigate and those are shown as owner furnished equipment in the offer. A delegation from the South Korea visited and met the Neval Chief in the April, 1996 including members of the Deawoo Corporation, thereafter, some Officials of the Navy tried to procure this unpr......are hereby vacated. Send down the lower court’s record with a copy of the judgment and order at once. Siddiqur Rahman Miah J. - I agree. Ed. This Case is also Reported in: ......are hereby vacated. Send down the lower court’s record with a copy of the judgment and order at once. Siddiqur Rahman Miah J. - I agree. Ed. This Case is also Reported in: ..

Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82

Badsha Mia Vs. State, 2013, 42 CLC (HCD)

....e, Faridpur is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 189   ......e, Faridpur is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 189   ......e, Faridpur is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 189   ..

Category: Criminal Law, Procedural Law | Date: 20 Feb, 2013 | Hits: 4

Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)

.... were added as contemnor-opposite party Nos. 6 and 7 to the con­tempt petition by order of this Division dated 24-1-2012. 3. Background leading to the Rule, in short, is that petitioners are members of Bangladesh Civil Service (Family Planning) Cadre who were directly recruited through BCS ...... With the above observations and direc­tions this Rule is disposed of. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 485.     ...... With the above observations and direc­tions this Rule is disposed of. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 485.     ..

Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4