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Md. Azizur Rahman Chowdhury Vs. Tauhiduddin Chowdhury and others, 2009, 38 CLC (AD)

.... dares to interfere with the course of justice by presenting the Court with a fait accompli". Though this sort of dispute relates to private rights of the contending parties to the litigation but the higher courts termed it a new character and it turned into a matter concerning public policy relatin......0/-. The judgment of the High Court Division is set aside and restored those of the Courts below. This Case is also Reported in: 15 MLR (AD) (2010) 160, 16 BLC (AD) (2011) 26, VIII ADC (2011) 915. ..

Category: Property Law | Date: | Hits: 84

SN Goswami, Advocate and another Vs. Government of the People's Republic of Bangladesh and others, 2001, 30 CLC (HCD)

.... proper appreciation of the issue raised in this writ petition Articles 11, 19(1) and 22 of the Constitution must be looked into. Dr Hamid then submits that any supersession or reward for a better or higher place, particularly in the case at the Bar, has directly affected the independence of judicia...... and day out during the tenure of their office. In view of our aforesaid discussions, the application is summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 332. ..

Category: Constitutional Law | Date: | Hits: 126

Khaleda Rahman & another Vs. Integrated Services Limited and others, 1999, 28 CLC (HCD)

.... No. 116 of 1999. The Subordinate Judge, 1st Court, Dhaka is hereby directed to dispose of the injunction matter on merit expeditiously. Ed. This Case is also Reported in: 53 DLR (2001) 161. ...... No. 116 of 1999. The Subordinate Judge, 1st Court, Dhaka is hereby directed to dispose of the injunction matter on merit expeditiously. Ed. This Case is also Reported in: 53 DLR (2001) 161. ..

Category: Business or Commercial Law | Date: | Hits: 207

Sirajul Islam (Md) and another Vs. Government of Bangladesh & others, 2000, 29 CLC (HCD)

.... post produced the goods to the Customs House, Jessore for assessing Customs Duty, VAT and other taxes. But their goods were not released and those were temporarily held up due to the arrival of some higher customs officers from Khulna and those passengers were given receipts against their goods. On......nd the Rule is liable to be discharged on that count also. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 127. ..

Category: Criminal Law | Date: | Hits: 101

Arif Rahman Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)

.... 5. This leads us to examine the provision of Finance Bill 1998 and the Standing Order No.46/98 Cus dated 11-6-98. The contention of the petitioner is that, imposition of the supplementary duty at higher rate and reduction of depreciation allowance at a lower rate is without any lawful authority......., we are of the opinion that petition is liable to be rejected. Accordingly, we reject this petition without an order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 76. ..

Category: Fiscal/Taxation Law | Date: | Hits: 65

Moshiur Rahman (Md.) Vs. State, 2000, 29 CLC (HCD)

...., the status of the offender as Chairman of the Union Parishad appears to weigh with him. But the status of an offender is irrelevant in deciding the Case under section 228 of the Penal Code. Rather, higher the status of a person, the more responsible conduct and behaviour is expected of him. ......absolute. Let copies of this judgment and order be forwarded to the learned Sessions Judge and the petitioner for their future guidance. Ed. This Case is also Reported in: 53 DLR (2001) 42. ..

Category: Criminal Law | Date: | Hits: 29

Bangladesh Society for the Enforcement of Human Rights (BSEHR) and Others Vs. Government of Bangladesh and others, 2000, 29 CLC (HCD)

.... Let a copy of this judgment be sent to the Hon’ble Minister, Ministry of Home Affairs and Director General, Department of Social Services. Ed. This Case is also Reported in: 53 DLR (2001) 1. ......ale prostitutes categorised on the basis of the structure within which they mostly operate, the degree of mobility and control over their lives, their earnings and amenities. At the lowest end of the scale are the street walkers and brothel-owned prostitutes. The street walkers operate independently..

Category: Constitutional Law | Date: | Hits: 264

State Vs. Md. Sadequl Islam Tusar and others, 2009, 38 CLC (AD)

.... that they have falsely been implicated in this case. The specific defence case is that the deceased was given in marriage to accused Sadequl Islam Tusar and the family status of Rakhi (deceased) was higher than that of accused Sadequl Islam Tusar. Deceased Rakhi used to put pressure on condemned pr......ence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 134, 15 MLR (AD) (2010) 147, 19 BLT (AD) (2011) 160. ..

Category: Criminal Law | Date: | Hits: 43

Md. Shafiqul Islam Talukder Vs. People’s Republic of Bangladesh, 2009, 38 CLC (AD)

.... ...... of the Ministry of Establishment issued Memo dated 27.01.2002 (Annexure-‘J’ to the writ petition) consenting absorption of 14 (fourteen) posts of the project in revenue budget entitling them pay scale including the 2(two0 posts of M.L.S.S. out of 23 posts of project proforma of the Central Chem..

Category: Employment/Service Law | Date: | Hits: 106

Secretary, Parliament Secre­tariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)

.... the dispute to the Election Commission. It has been clearly held in the case of Fazlul Chowdhury Vs. Muhammad Abdul Haque, PLD 1963 SC 486, that in a proper case the Speaker might be Directed by the higher Court to make a reference where he has refused to do so if a petition for that relief was bro......their seats pursuant to Article 70 of the Constitution to the Election Commission within 7 (seven) days from receipt of this order. Ed. This Case is also Reported in: 19 BLD (AD)(1999) 276. ..

Category: Constitutional Law | Date: | Hits: 138

Government of Bangladesh Vs. Allama Delawar Hossain Sayedee and others, 2009, 38 CLC (AD)

....ation at Zia International Airport) arrived at the Immigration Desk. The proforma respon­dent No. 4 took the Bangladesh Passport of the respondent No.1 and informed him that he had instructions from higher authorities not to permit him to leave Bangladesh. 9. The action of refusing to allow the ......ision which does not require any interference by this Division. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 310, 16 MLR (AD) (2011) 409. ..

Category: Others | Date: | Hits: 115

Anath Chandra Barman Vs. Government of Bangladesh, 2009, 38 CLC (AD)

....­warded the said report with recommenda­tion to the Deputy Commissioner for neces­sary action. 7. The petitioner subsequently made a repre­sentation to the Deputy Commissioner offering 30% higher rent from the previous year and as per the provision under the nitimala furnished 10% of the ......t the lease as prayed for. In such view of the matter we find no substance in this petition which is accord­ingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 191. ..

Category: Property Law | Date: | Hits: 26

Collector of Customs and others Vs. TK Oil Refinery Ltd. and 22 others, 2009, 38 CLC (AD)

....rice of the CDSO and CPO; the Circular dated 3-7-94 being merely internal communication has no legal sanction for assessment of customs duties at a rate different from the invoice value or at a value higher than the prevalent tariff value; the appellants have obtained the price of CDSO from the coun......y and other duties on the basis of normal price so fixed. All the appeals are dismissed with the observa­tion as made above. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 217. ..

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

M. Ali Asgar Vs. M. Muktar Hossain and others, 2008, 37 CLC (AD)

.... through the for­mer President of the Diploma Engineer's Association to remain silent. So, he guessed that the petitioners acted under advice of the Chief Engineer. The petitioners informed the higher authority by a resolution dated 05.03.1998 about an incident dated 25.02.1999 about the com...... sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1019. ..

Category: Criminal Law | Date: | Hits: 116

Md. Enamul Huq and others Vs. Bijoy Chandra Khasnabish and others, 2008, 37 CLC (AD)

....refore find no reason to interfere with the same. The petition is accordingly dismissed upon condonation of delay. Ed. This Case is also Reported in: VI ADC (2009)1003, 16 MLR (AD) (2011) 454.......refore find no reason to interfere with the same. The petition is accordingly dismissed upon condonation of delay. Ed. This Case is also Reported in: VI ADC (2009)1003, 16 MLR (AD) (2011) 454...

Category: Limitation Law | Date: | Hits: 255

M/s International Trade Promotors Vs. Judge, Artha Rin Adalat No. 1 Dhaka & ors, 2008, 37 CLC (AD)

....ndent No.2 submitted that the auctioned property comprises 5 kathas of land situated at the Indira Road Dhaka with a multi-storied building situated thereon and the actual value of the same is much higher than the auction price accepted by the execution Court and the learned advocate of the resp......there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 306. ..

Category: Civil Law | Date: | Hits: 191

Md. Nazrul Islam Vs. Monzurul Islam Liton and others, 2009, 38 CLC (AD)

....Pa: /P-2 to the writ respondent No. 2 confirming that the writ petitioner became the highest amongst the two bidders. In the said letter it was also stated that the writ-petitioner would pay 13.83% higher than the previous licence-holder and 77.78% higher than the average earning of the Banglades......maintainable. Accordingly, the appeal is disposed of and the judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 198. ..

Category: Civil Law | Date: | Hits: 149

Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)

....urts or tribunals.- In the period of enforcement of the declaration of the state of emergency, it is not permitted to ask for any remedy or to dispute any injunction, except the final verdict, in any higher court or tribunal during probe, case filing or First Information Recording, investigation, pr......bstinate expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 101

Bangladesh Power Development Board & ors Vs. M/s. Arab Contractor, (BD) Ltd & ors, 2009, 38 CLC (AD)

....he machinery and staff had lay idle at considerable expense. It was also alleged that the petitioner (i.e. Bangladesh power Development Board) was paying a Russian firm (i.e. Technopromexport) at a higher rate for the same works. 8. As such although the contractually agreed amount was Tk.......rbitration Act, 2001 on the basis of bank papers. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 952. ..

Category: Alternative Dispute Resolution | Date: | Hits: 344

A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)

....ems the District Anti-Corruption Officer had over stepped the departmental limit and since he was refused by the Customs Officer for checking the items that had enraged him. He took the matter to the higher authority namely, National Board of Revenue and the authorities presumably for avoiding any s......s are allowed. Proceedings are quashed and the judgment of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 113. ..

Category: Fiscal/Taxation Law | Date: | Hits: 129