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Chittagong Chamber of Commerce and Industry and another Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

.... costs. The interim order passed in both the Writ Petitions at the time of issuance of the Rules are hereby recalled and vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 341. ...... costs. The interim order passed in both the Writ Petitions at the time of issuance of the Rules are hereby recalled and vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 341. ......ioner's name is often popularly shortened to "Metropolitan Chamber" or Metropolitan Chamber of Commerce and Industry (MCCI). The petitioner came to know through a letter dated 29.7.2008 issued by the Ministry of Commerce addressing the petitioner that a proposed ‘Metropolitan Chamber of Commerce a..

Category: Others | Date: | Hits: 107

Touhid & Others Vs. State, 2006, 35 CLC (HCD)

....tinct feature of section 34 is the element of "participation in action". The common intention implies acting in concert, existence of a pre-arranged plan and pre-supposes a pre-concert. There must be prior meeting of minds. It is, thus, pellucid that the liability of one person for an offence commit......e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ......e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ..

Category: Criminal Law | Date: | Hits: 98

Elite Lamps Ltd. Vs. Secretary, Ministry of Industries and others, 2007, 36 CLC (HCD)

....Rin Case No. 30 of 1991 expeditiously preferably within 4 (four) months from date. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 641. ......Rin Case No. 30 of 1991 expeditiously preferably within 4 (four) months from date. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 641. ......641. ..

Category: Constitutional Law | Date: | Hits: 334

Fakir (Md.) Tariqul Islam Vs. State and others, 1996, 25 CLC (HCD)

....n 6 (5) Section 6(5) of the Criminal Law Amendment Act, 1958 should be given plain and simple meaning. Requirements of section 6(5) of the said Act is mandatory and a Court or tribunal must obtain prior sanction from the Government for prosecuting a public servant if he continues to be so at the ......r of application in the present case. In that view of the matter, we confirm and uphold the impugned orders and discharge the Rule. Ed. This case is also Reported in:49 DLR (HCD) (1997) 419. ......r of application in the present case. In that view of the matter, we confirm and uphold the impugned orders and discharge the Rule. Ed. This case is also Reported in:49 DLR (HCD) (1997) 419. ..

Category: Criminal Law | Date: | Hits: 130

Moniruddin (Md.) Abedullah and others Vs. Controller of Examinations, Dhaka University and others, 1997, 26 CLC (HCD)

....tten outside the examination hall. Subsequently he submitted that photocopy of the said script to the controller of examinations. This was immediately informed to the Vice‑Chancellor. Next day with prior permission of the Vice‑Chancellor the packet of script was opened in presence of the Control......0 of 1992 we hold that this Writ petition is not maintainable. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 567. ......0 of 1992 we hold that this Writ petition is not maintainable. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 567. ..

Category: Constitutional Law | Date: | Hits: 300

Ayesha Khatun Akhtar Vs. Government of Bangladesh and another, 1998, 27 CLC (HCD)

....e date of receipt of the copy of the judgment. Let a copy of this judgment be communicated to the Respdt No.1 at once for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 639. ......e date of receipt of the copy of the judgment. Let a copy of this judgment be communicated to the Respdt No.1 at once for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 639. ......ion. The prescribed authority (i.e. the SDO) after holding an inquiry and perusing the papers found that the property in question was not an abandoned property and, as such, he sent his report to the Ministry of Public Works with such recommendation. Thereafter the aforesaid Kazi Nooruddin tried his..

Category: Property Law | Date: | Hits: 71

Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)

.... police, who arrived there and took that person into custody. At this point, P.W.6 was declared hostile. 34. During cross-examination by the prosecu­tion, P.W.6 denied that the informant had sent prior intimation to the Manager that the appellant had forcibly taken a cheque from him. He also den......erence thereof in her Service Book. The office is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ...... Let the appellant Mustaq Ahmed, son of Liakat Ali, Biroldakoni, Haluaghat, District Mymensingh be released forthwith, if not wanted in any connection with any other case. 73. We hereby direct the Ministry of Law, Justice and Parliamentary Affairs, Government of Bangladesh, Secretariat, Dhaka to ..

Category: Criminal Law | Date: | Hits: 62

Nuruzzaman (Md.) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....e infructuous. Accordingly, the Rule issued in Writ Petition No.6791 of 2010 is also discharged. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 406. ......e infructuous. Accordingly, the Rule issued in Writ Petition No.6791 of 2010 is also discharged. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 406. ...... dated 5-7-2010 formed an Enquiry Committee for holding enquiry and stayed the process of appointment till submission of the enquiry report. Suppressing the facts of the order of stay issued from the Ministry of Health and Family Welfare dated 5-7-2010 the Civil Surgeon, Sunam­ganj, issued ante-dat..

Category: Employment/Service Law | Date: | Hits: 148

Abdul Wadud Miah Vs. Bangladesh, repre­sented by the Secretary Ministry of Jute & others, 2008, 37 CLC (HCD)

....te, respondent No.2 most arbitrarily and illegally rescind the earlier 'No-objection' in respect of transfer of shares of Taj Jute Backing Company in favour of the writ petitioner without serving any prior notice upon the petitioner, violating the principle of natural justice. Prior to such rescissi......t. In the results, the rule is discharged. However, there shall be no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 152. ......eenul Islam Chowdhury J Abdul Wadud Miah, Son of late Abdul Latif Prodhan 27/1, Shashaheb Lane, Narinda…………………………Petitioner Vs. Bangladesh, repre­sented by the Secretary Ministry of Jute, Bangladesh Secretariat, Secretariat Building, Ramna, Dhaka & others………â€..

Category: Administrative Law | Date: | Hits: 299

Allama Delawar Hossain Sayedee Vs. Bangladesh, and others, 2009, 38 CLC (HCD)

....'s order impounding the Petitioner's passport was held to be violative of his fundamental rights guaranteed under Article 36 of the Constitution as the rules of Natural Justice were not complied with prior to issuance of the impounding order. Article 13 of the Universal Declaration of Human Right......d the respondents are hereby directed to allow the Petitioner to leave and re-enter Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ......the 27th Ramadan (Lailatul Quadr) at Mecca and he intends to do so in 2009 as well. 3. On 4.7.2009 the Petitioner received an invitation from the "Co-operative Office for Call and Guidance" of the Ministry of Islamic Affairs of the Kingdom of Saudi Arabia to attend a seminar to be held in Jeddah ..

Category: Constitutional Law | Date: | Hits: 147

Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)

....owdhury (DW 1) had admitted about the execution of the deed of contract. Admittedly, after cancellation of the deed of contract (Exhibit C), Samir Kumar Chowdhury executed a valid sale deed on taking prior permission from the Deputy Commissioner, Sylhet and by procuring the income tax clearance cert......hin five months from the date of execution of the deed and the balance consideration of amount of Taka 11,000 would be paid at the time of execution of the sale deed after taking necessary income tax clearance and permission and possession the property would be delivered on that day. Samir Kumar Cho...... these Rules. In the result, these Rules are discharged without any order as to costs. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ..

Category: Civil Law | Date: | Hits: 138

Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

.... the land proposed to be acquired…………………………(11 & 12) The Acquisition of the Immovable Property Rules, 1982; Rule 4A Video recording The use of the word "immediately" prior to the words "before publishing notice under section 3 of the Ordinance" is very significant. ......ted. No order as to costs. The Rule issued in Writ Petition No. 3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ...... the DCC which is merely executing the decision of the Government for establishing four wholesale green vegetable markets in Dhaka City. In elaborating his submission, he states that DCC is under the Ministry of Local Government and DCC being a governmental organisation, no such agreement is require..

Category: Property Law | Date: | Hits: 79

Sharifuddin and others Vs. Commissioner of Customs and others, 2009, 38 CLC (AD)

.... Act, 1991 has not given power to issue notifica­tion with retrospective effect and as such the withdrawal of the notification exempting VAT cannot affect the import under a Letters of Credit opened prior to the withdrawal of the exemption. He lastly submitted that as section 30A of the Customs Act....... The appeals are therefore allowed without any order as to cost. The civil petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ....... The appeals are therefore allowed without any order as to cost. The civil petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ..

Category: Fiscal/Taxation Law | Date: | Hits: 128

LMJ International Ltd. India Vs. MV BK Ace and others, 2010, 39 CLC (HCD)

.... submissionof IGM the customs authority will issue a permission under Section 47 of the Customs Act for breaking the bulk cargo order to discharge the cargo within the classified area of the port and prior to issuance of such per­mission no bulk cargo will be allowed to be broken. Such a discharge ...... discharge of the cargo from the vessel the same will be kept under the Customs custody. Thereafter, the question comes for its delivery. Section 79 of the Customs Act 1969 provides the procedure for clearance or delivery of the cargo for Home Consumption or for keeping the same under the ware house......ch instituted the instant Admiralty Suit on the ground that the plaintiff imported 28,500 MT of Bulgarian wheat from the defen­dant No.5 Messrs Sovarex SA for onwards supply to the Director General, Ministry of Food & Disaster Management Government of People's Republic of Bangladesh, under a co..

Category: Admiralty Law or Maritime Law | Date: | Hits: 490

Abdul Karim Vs. Land Acquisition Officer, Comilla and others, 2006, 35 CLC (HCD)

....e without lawful authority. With the foresaid findings and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ......e without lawful authority. With the foresaid findings and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ......ody i.e. Thana Nirbahi Officer (TNO), gave their proposal to acquire the land in question to protect the Upazila Parishad Bhaban and administrative sanction was also given for the said purpose by the Ministry of Local Government Rural Development and Co-operatives but the notice under section 3 of t..

Category: Property Law | Date: | Hits: 85

Abu Taher Chowdhury and others Vs. Showkat Ali and others, 2012, 41 CLC (HCD)

....rit any tenancy right in it. The schedule land has been dedicated as Wakf-fi-Sabi-lillah and it has been duly enrolled in the Wakf Administrator, the alleged renewal clause is not enforceable without prior consent of the Adminis­trator of Wakf. The plaintiffs and their predecessors were habitual de......he order of status-quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 455. ......he order of status-quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 455. ..

Category: Administrative Law | Date: | Hits: 175

Razia Khanam Vs. Md. Shamuzzoha Khan & Others, 2007, 36 CLC (HCD)

....oval of the Board. Thereafter he referred to section 13(1) of the said Regulation and submitted that the temporary order of suspension dated 29.9.2003 was taken by the Governing Body and that without prior approval of the Board was without jurisdiction. (ii) Secondly, he submitted, that, without...... granted by this Court dated 5.9.2005 is hereby vacated. 30. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 355. ...... granted by this Court dated 5.9.2005 is hereby vacated. 30. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 355. ..

Category: Employment/Service Law | Date: | Hits: 118

Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)

....Code. Said SRO barred the petitioner from any kind of handover of the vehicle and as such, the property was entrusted upon the petitioner upon certain conditions and handing over; the vehicle without prior submission of the duty and taxes manifestly falls within the ambit of section 409 of the Penal......ed the aforesaid vehicle by opening a letter of credit dated 21.08.05. After arrival of the vehicle at the Chittagong Port, a bill of entry was on 21.07.2006 submitted on behalf of the petitioner for clearance, and on 06.09.06 got the vehicle cleared without payment of any duty and other taxes as pe......wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ..

Category: Fiscal/Taxation Law | Date: | Hits: 246

Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)

....d vehicles into Bangladesh. 40. Mr. Masud R Sobhan, the learned Advocate for the plaintiff, submitted that the pre-shipment inspection agency Inspectorate Griffith (UK) Ltd had inspected the goods prior to shipment and issued the CRF Certificate dated 21-10-99 certifying that "the goods were in g......file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ......file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ..

Category: Limitation Law | Date: | Hits: 174

Paritosh Chandra Nag Vs. Bangladesh represented by Secretary, Ministry of Land, 2008, 37 CLC (HCD)

....is discharged without any order as to cost. The order of status quo granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 214. ......is discharged without any order as to cost. The order of status quo granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 214. ......ion (Special Original Jurisdiction) Present: Md. Imman Ali J Md. Ashfaqul Islam J Paritosh Chandra Nag……………………petitioners Vs. Bangladesh represented by Secretary, Ministry of Land ………………Respondent Judgment November 19, 2008. Result: The Ru..

Category: Property Law | Date: | Hits: 107