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Sakya Pada Barua & others Vs. State and others, 1986, 15 CLC (HCD)

....­ticularly, in so far as it did not have any retrospective operation on the pen­ding cases. Accordingly, the Special Tribunal has the jurisdiction to try the cases in which they had taken cognizance prior to the amendment." 9. It follows that since the cognizance in the present cases was taken b......ioners Sakya Pada Barua, Fazlul Huq, Nurul Mostofa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 86. ......ioners Sakya Pada Barua, Fazlul Huq, Nurul Mostofa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 86. ..

Category: Criminal Law | Date: | Hits: 103

Elias Brothers (Md.)(Pvt.) Limited and another Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....e observation and direction the Rules are made absolute without any order as to cost. Communicate this judgment and order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 327. ......e observation and direction the Rules are made absolute without any order as to cost. Communicate this judgment and order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 327. ......legal formalities…………………(29) Cases Referred to- M/s Neyvely Lignite Corpn Vs. Spl Tahsildar (Land Acquisition), Novely, AIR 1995 SC 1004; Bangladesh, represented by the Secretary, Ministry of Administration Vs. Subash Chandra Das, 46 DLR (AD) 63; Alauddin Khandker Vs. Secretary M..

Category: Civil Law | Date: | Hits: 170

Md. Atiar Rahman and others Vs. Government of the People’s Republic of Bangladesh and others, 2012, 41 CLC (AD)

....o that effect. 9. However, it appears from a report filed on 31.3.2003 by the Juddhahata Muktijoddha Bachhai Committee (annex-1 to the affidavit-in-opposition filed by respondent 2) that earlier (prior to 2003) the disabled freedom fighters with disability to the extent of 20% or above were clas...... grant the relief sought for in this writ petition. Accordingly, theRule is discharged with the above observations. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in:  ...... J Md. Atiar Rahman and others…........................................................Petitioners Vs. The Government of the People’s Republic of Bangladesh represented by the Secretary, Ministry of Liberation War Affairs and others…………..............................Respondents ..

Category: Civil Law | Date: | Hits: 104

Stadmax Ltd. Vs. General Manager, Credit Information Bureau, Bangladesh Bank & others, 1998, 27 CLC (HCD)

.... discussion, we do not find any substance in this petition. And it is, accordingly, rejected in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 594. ...... discussion, we do not find any substance in this petition. And it is, accordingly, rejected in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 594. ......e, such news has been published. But the news was published on the basis of the disclosure made by the Hon'ble Finance Minister in the Parliament. The Hon'ble Finance Minister who is in charge of the Ministry of Finance has every authority to call for any information regarding banking transaction fr..

Category: Civil Law | Date: | Hits: 119

Abul Hossain Vs. National Board of Revenue and others, 2012, 41 CLC (HCD)

....t of this Order positively without any fail. (Underlined by me). With this observations and the direction the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 341. ......t of this Order positively without any fail. (Underlined by me). With this observations and the direction the Rule is disposed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 341. ......dents Judgment April 8, 2012. Result: The Rule is disposed ofwith observations and direction. Case Referred to- Ancient Steamship Company Limited Vs. Member (Appeal & Revision) Ministry of Finance, Government of Bangladesh, 2 MLR (AD) 302. Lawyers Involved: Md. Khurshid ..

Category: Fiscal/Taxation Law | Date: | Hits: 177

Shitalakhaya Ice and Cold Storage Pvt. Ltd. Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)

....enact­ment mandatory, used some phraseologies to give it a mandatory meaning. For example section 96(3)(a)(b) of State Acquisition and Tenancy Act, 1950 makes provision for depositing a legal amount prior to filing of a pre-emption case absolutely in a mandatory implication. The section starts with......t of this order positively and ensure the compliance to the Registrar of the Supreme Court without any fail. Communicate at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 487. ......t of this order positively and ensure the compliance to the Registrar of the Supreme Court without any fail. Communicate at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 487. ..

Category: Civil Law | Date: | Hits: 108

Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)

....rom the Department of Shipping. Accordingly, the Bangladesh Bank issued direction upon the commercial Banks not to issue L/C for importation of vessels for the purpose of ship-breaking without having prior NOC from the Department of Shipping. He submitted that the timely step taken by the Prime Mini......rance Certificate from the Ministry of Environment and also why they shall not be directed to take appropriate action against those concerned who are undertaking ship breaking without first obtaining clearance from the Ministry of Environment as required by law. 8. Respondent No.17 by filing affi......t No.17 from continuing any further work in breaking/dis­mantling the vessel MT Enterprise. 7. By the aforesaid order dated 30.11.2008, a further Rule was issued calling upon the respondent No.5, Ministry of Environment to show cause as to why they shall not be directed to ascertain the number o..

Category: Environmental Law | Date: | Hits: 688

Dolon (Md.) Vs. State, 2012, 41 CLC (HCD)

....me Affairs, Inspector-General of Police and Director General of Rapid Action Battalion. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 501. ......me Affairs, Inspector-General of Police and Director General of Rapid Action Battalion. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 501. ......ear violation of the mandate of law as well as the constitution. In the instant case the accused was produced before the Magistrate long after 48 hours. 66. In view of that we direct the Secretary Ministry of Home affairs, the Inspector-General of Police and the Director General of the Rapid Acti..

Category: Criminal Law | Date: | Hits: 99

STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)

....nal commercial arbitration which takes place outside Bangladesh. If the proposition of the plain­tiff is correct then the provision for enforcement of foreign arbitral award will become redundant as prior to completion of the foreign proceedings, one of the party is free to obtain an order injuncti....... Accordingly, the application under sec­tion 7Ka of the Arbitration Act of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ....... Accordingly, the application under sec­tion 7Ka of the Arbitration Act of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ..

Category: Alternative Dispute Resolution | Date: | Hits: 506

Mokbul Hossain Santu (Md.) Vs. Bangladesh and others, 1997, 26 CLC (HCD)

....702 of 1987 and a leather belt having 12 cartridges which were seized by a seizure list on 3‑8‑93, to the petitioner immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 591. ......702 of 1987 and a leather belt having 12 cartridges which were seized by a seizure list on 3‑8‑93, to the petitioner immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 591. ......ieved by the impugned memo directing him to deposit the arms and licences he moved this Court and obtained this Rule. 4. The respondent No.1 Government of Bangladesh, represented by the Secretary, Ministry of Home Affairs, by filing an affidavit‑in‑opposition denied the material allegations a..

Category: Criminal Law | Date: | Hits: 77

Foyez Ahmed Vs. State, 2012, 41 CLC (HCD)

....ovision whatsoever within the four corners of the Mobile Court Ain for lodgment of a written complaint with the Executive Magistrate and detain­ing an accused in police custody at the Police Station prior to his trial. The Ain does not envisage taking cognizance of any scheduled offence and holding...... Let the records of the Mobile Court along with a copy of this Judgment be sent down at once for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 257. ...... Let the records of the Mobile Court along with a copy of this Judgment be sent down at once for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 257. ..

Category: Criminal Law | Date: | Hits: 81

Md. Mosarraf Hossain Mondol Vs. Md. Elias Hossain Mollick and others, 2007, 36 CLC (HCD)

....pears from the record that the defendant No.1 purchased the suit land in auction on 01.08.1962 and the plaintiff accrued the right, title and interest over the suit property on 17.06.1982 inasmuch as prior to such deed no other exchange deed no other exchange deed were proved by evi­dence. A person......anted earlier by this Court stands vacated. 29. Send down the lower Court's record at once with a copy of Judgment for information. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 107. ......anted earlier by this Court stands vacated. 29. Send down the lower Court's record at once with a copy of Judgment for information. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 107. ..

Category: Procedural Law | Date: | Hits: 114

M/s. ERRIA Shipping Pte Ltd. and another Vs. M/s. Lever Brothers (Bangladesh) Ltd., 2009, 38 CLC (HCD)

....Md. Ohiullah, the learned advocat­ed appearing on behalf of the plaintiff appel­lants, submits that a difference between the Bill of Lading figures and the figures found as per ullage survey report prior to commencing the discharged of the cargo to the shore tank is only 5.754 metric tons which is......6 of 1980 is hereby set aside and the suit is dismissed. Send down the lower Court records at once. Md. Arayes Uddin J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 176. ......6 of 1980 is hereby set aside and the suit is dismissed. Send down the lower Court records at once. Md. Arayes Uddin J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 176. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 486

Engineer Mahmudul Islam and others Vs. Government of the People's Republic of Bangladesh and others, 2002, 31 CLC (HCD)

....hittagong Port Authority Ordinance 1976 (CPA Ordinance) the approval as given is beyond jurisdiction, since Chittagong Port Authority, being authorised to give such permission, has not been consulted prior to granting the impugned approval; and that there was non-application of mind on the part of t......a copy of this judgment and order be sent to the Hon'ble Prime Minister for perusal and necessary action as per our observations made above. Ed. This Case is also Reported in:55 DLR (2003) 171. ......d thus the provisions of Articles 27 and 31 of the Constitution have been violated; and that the persons involved in processing the proposal of respondent No. 8 failed to consider the decision of the Ministry of Shipping taken on 11‑7‑1995 for setting up of container terminals outside the Port a..

Category: Others | Date: | Hits: 113

Human Rights and Peace for Bangladesh and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

.... notice issued by the respondents. 42. Additional stand is taken in the application of Kamal Vegetable and two others that they were not aware of the survey and that no notice was served upon them prior to the survey. The survey was conducted according to the direction of this Court to determine ...... in the meantime, if so advised. The applications for addition of party filed by the different applicants be kept with the record. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 257. ...... in the meantime, if so advised. The applications for addition of party filed by the different applicants be kept with the record. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 257. ..

Category: Environmental Law | Date: | Hits: 731

Sobhan Munshi Vs. State and another, 2010, 39 CLC (HCD)

....tence awarded against the convict-petitioner under Section 19(f) of the Arms Act is maintained. Both the sentences shall run concurrently. 10. The total period of custody of the convict-petitioner prior to his conviction in connection with this case shall be deducted from the period of his senten...... with this case shall be deducted from the period of his sentence as per provisions of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 37. ...... with this case shall be deducted from the period of his sentence as per provisions of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 37. ..

Category: Criminal Law | Date: | Hits: 81

Intertek Testing Services International Limited and others Vs. National Board of Revenue, Dhaka & others, 2003, 32 CLC (HCD)

....pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 691. ......pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 691. ......shipment Inspection at the initial stage. Pursuant to the said tenders separate agreements were entered into between the Government of the People's Republic of Bangladesh represented by the Secretary Ministry of Finance, Internal Resources Division, the Chairman National Board of Revenue and Interte..

Category: Fiscal/Taxation Law | Date: | Hits: 119

Tabibullah and others Vs. Government of the People's Republic of Bangladesh and others, 2007, 36 CLC (HCD)

....ition as opposite parties is allowed. Petitioners are added as Eighth Fifteenth opposite parties in Civil Revision case. No cost. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 393. ......ition as opposite parties is allowed. Petitioners are added as Eighth Fifteenth opposite parties in Civil Revision case. No cost. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 393. ......adrul Huq J Tabibullah being dead his legal heirs Fatima Begum and others…………………Petitioners Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Works and Urban Development, Bangladesh-Secretariat, Dhaka and others………………â..

Category: Property Law | Date: | Hits: 82

Mahbubul Alam (Md.) Vs. Bangladesh, represented by the Secretary, Ministry of Information and others, 2009, 38 CLC (HCD)

....writ petition is not maintainable. In view of the discussions as made above, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 728. ......writ petition is not maintainable. In view of the discussions as made above, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 728. ......vision (Special Original Jurisdiction) Present: Md. Imman Ali J Md. Ashfaqul Islam J Mahbubul Alam (Md.)………………Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Information and others…………..Respondents Judgment January 21, 2009. Resu..

Category: Administrative Law | Date: | Hits: 494

Abdul Kader Bhuiyan and 17 others Vs. Secretary, Ministry of Land, Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)

.... without any order as to costs. The order of status quo granted at the time of issuance of the Rules is hereby vacated. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 28. ...... without any order as to costs. The order of status quo granted at the time of issuance of the Rules is hereby vacated. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 28. ...... Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Md. Emdadul Huq J Abdul Kader Bhuiyan and 17 others ………………………Petitioners Vs. Secretary, Ministry of Land, Government of the People's Republic of Bangladesh and others …………………..

Category: Property Law | Date: | Hits: 121