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Delicia Dairy Food Ltd. Vs. Collector of Customs and others, 1998, 17 CLC (HCD)

....s Clearing and Forwarding Agent submitted import documents on 1-7-92 for assessment of customs duties and other levies, that the Customs Authority in the light of the directive issued by the National Board of Revenue assessed customs duty at 30% and also assessed levies leviable on other account, th......should be discharged on the said ground. In view of the discussion made above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 381...

Category: Fiscal/Taxation Law | Date: | Hits: 189

Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)

....but to a person who has at least some education as education makes a man a bit responsible….....................(86) Cases Referred to-  Century Insurance Vs. Northern Ireland Road Transport Board, (1942) AC 509; Beard Vs. London General Omnibus Co. (1900) 2 QB 530; Serajul Islam Chowdhury ...... Krishna Bus Service Ltd. Vs. Smt. Mangli, AIR 1976 (SC) 700; Jamila Khatun Vs. Rustom Ali, 48 DLR (AD) 110; CK Subramonia lyer Vs. T Kunhikuttan Nair , AIR 1970 (SC) 376; N Sivammal Vs. The Managing Director, Pandian Roadways Corpn., AIR 1985 (SC) 106; N Rakshit Vs. Bhadreswar Municipality, 73 CWN ..

Category: Civil Law | Date: | Hits: 339

Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)

....ে।” 23. On a reading of this section it is clear that 15 days notice is required before holding auction. It also appears that notice as to holding of auction is to be affixed in the Notice Board of the Court and also at the locality notified by beat of drums. But nothing on record showing......erest within 30 days from the date of receipt of this order. Sent down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 474. ..

Category: Civil Law | Date: | Hits: 156

Bangladesh Environment Lawyers Association (BELA) Vs. Bangladesh, 2010, 39 CLC (HCD)

....pondents to protect the River and its riches from the illegal, unauthorized and destructive extraction of sands by few unscrupulous are violative of the provisions of the Bangladesh Water Development Board Act, 2000, the Environment Conservation Act, 1995 and the Rules of 1997 made there under, Land......েন৷ ……………………………. ……………………………” 31. From the above quoted provisions of 2 Ka, 4 and 7 of the Ain, 5 it is clear that respondent No.5, Director General, Department of Environment is the appropriate and competent authority under the law..

Category: Environmental Law | Date: | Hits: 1019

Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)

....t: The Rule is made abso­lute. Cases Referred to- Mst. Jahanara Be­gum Vs. A.L. Md. Shamsul Huq, 27 DLR (AD) 1; Safiuddin Ahmed Siddiqui Vs. The Deputy Custodian, Enemy Property Management Board, 31 DLR page 107; Md. Ayub Vs. Bangladesh represented by the Secretary, Ministry of Works and ......and as such it calls for interference. The im­pugned order be set aside and the Rule be made abso­lute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 72. ..

Category: Procedural Law | Date: | Hits: 193

Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)

....2.88 for allowing him to go on bail on the ground that he is required to go to Singapore for op­eration for removal of a stone of kidney. The Ses­sions Judge, Dhaka called for report from a Medical Board to be constituted by the Director of the P.O. Hospital. The Medical Board of the P.G. Hospital......bail on the ground that he is required to go to Singapore for op­eration for removal of a stone of kidney. The Ses­sions Judge, Dhaka called for report from a Medical Board to be constituted by the Director of the P.O. Hospital. The Medical Board of the P.G. Hospital af­ter necessary tests examin..

Category: Criminal Law | Date: | Hits: 127

Conforce Limited Vs. Titas Gas Transmission and Distribution Co. Limited & another, 1989, 18 CLC (HCD)

....Respondent No.1 is a local authority. 21."Local Authority” is defined in section 3 (28) of the General Clauses Act, 1897 as follows:-"Local authority" shall mean and include a Paura Shava, Zilla Board Union Panchayet, Board of Trus­tees of a port or other authority legally entitled to, or entr....... In the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 33. ..

Category: Others | Date: | Hits: 227

Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)

....Kasliwal, J held at para 12. 12. It is well established that the right of equality enshrined under Article 14 of the Constitution applies to equals and not to unequal. The nominated members of the Board fall in different class and cannot claim equality with the elected members. The facts of th......spects and they shall be so treated by all concerned. In the result, the Rule is made absolute but without any other as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 201. ..

Category: Constitutional Law | Date: | Hits: 443

Abdul Qayum Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others, 1991, 20 CLC (HCD)

....ircle Officer (Rev.), Lalmonirhat, the said property of the petitioner was released in favour of the petitioner by the order dated 1.8.84 by the Deputy Commissioner, and Chairman, District Management Board, Rangpur, with a direction to take over possession from the lessees after cancelling their lea......citizenship or he owned allegiance to any other country. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 340...

Category: Immigration and Citizenship Law | Date: | Hits: 178

Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)

....or in any instrument or document relating to the incorporation, registration, creation, constitution or formation of the concern, [.....] take over its control and management, or appoint a Management Board or Administrator, or direct an autonomous or semi-autonomous body or any other authority, to t......perty and hence he filed the instant suit for recovery of khas possession. 4. Defendant Nos.2, 3 and 4 contested the suit by filing separate written statements. Defendant Nos.2 and 3 are Resident Director, Sena Kalyan Sangstha and one Wares Khan, Manager, Fasons Metal Industries respectively. Th..

Category: Property Law | Date: | Hits: 111

Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)

....bordinate Judge and the Branch Manager, Agrani Bank, Pabna and accordingly, Rule was issued upon them. But BSRS was not a party in the aforesaid Contempt Petition No.99 of 1997 subsequently, the BSRS Board in its 226th meeting held on 27-12-1998 decided to sell the machineries of the plant to the hi......ed the plaint against which the petitioner Company did not move the superior Court. Meanwhile, the machineries was sold on 16‑2‑99 as per BSRS Board decision dated 27‑12‑98. Then the Managing Director of the petitioner submitted an application dated 7‑9‑99 to deliver the machinery to him..

Category: Civil Law, Contempt of Court Law | Date: | Hits: 417

State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)

.... 11/2" x 1/2" x 1/2". 6. Wound on the left upper scapula region of 1/2" x 1/2" x 1/4". Deep dissection done column wise. 28. Then upon the consensus of opinion of all the members of the Medical Board this P.W.9 opined as follows:- “Death was due to Cardio-respiratory Cerebral failure resu...... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 98

Capital Properties Ltd. Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)

....the learned subordinate Judge is a perfectly valid order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 308.......the learned subordinate Judge is a perfectly valid order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 308...

Category: Procedural Law | Date: | Hits: 113

Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)

....to his detention. Supply of grounds, to make reply is a feeble attempt founded on principle of natural justice. Apart from this, section 10 provides for sending the case of the detenu to the Advisory Board for review. 26. It appears from Annexure‑B to the petition, namely, the grounds which ......and the affidavit­-in‑opposition would be corrected and read as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312...

Category: Criminal Law | Date: | Hits: 113

Tahera Nargis Syed Vs. Shamsur Rahman, Deputy In­spector General of Prisons, Dhaka Central Jail, 1989, 18 CLC (HCD)

....hand-written noting that by Notification No.98 (48)-Ministry of Home Affairs, GB (II) dated 30.4.74, Rules 598A to 598K have been framed providing for release of detenus on recommendation of Advisory Board. Rules 598A to 598K are not there in the copy of Jail Code submitted to us. 19. Even if we ......e is sentenced to pay a fine of Taka 500/- within one month from date, in default to suffer simple im­prisonment for three (3) days. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 508. ..

Category: Criminal Law | Date: | Hits: 124

Syed Alim Mansur Vs. Registrar, Joint Stock Compa­nies, 1989, 18 CLC (HCD)

....y is to file the receipt of payment one week before drawing up of the order. The Company shall bear the cost of this appli­cation. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 43. ......se is also Reported in: 42 DLR (HCD) (1993) 43. ..

Category: Company Law | Date: | Hits: 191

Mahtabuddin Ahmed Vs. The Principal Secretary, President's Secretariat, Dhaka and Others, 1989, 18 CLC (HCD)

....tic task of Road Development of Chittagong Hill Tracts and under a Special 5(five) Years Plan was placed in a newly created post of Additional Chief Engineer un­der Chittagong Hill Tract Development Board. Be­cause of the quick success of the petitioner in service some of his colleagues became jea......n the petition that a criminal case was also started against the petitioner by the Co-ordination and Control Cell for National Security as per F.I.R. lodged at Tejgaon P.S. by a Sr. A.S.P. and Deputy Director of the said Cell on 8.1.86 under the provisions of Regulation No. II of the Martial Law Reg..

Category: Employment/Service Law | Date: | Hits: 209

Hafez Mawlana Humayun Kabir Vs. Md. Lokman and others, 2012, 41 CLC (HCD)

....ths from the date of receipt of this judgment in accordance with law. Let a copy of this order along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: ......wer Court’s record be sent down at once. Ed. This Case is also Reported in: ..

Category: Procedural Law | Date: | Hits: 113

Zeenat Mosharraf Vs. Md. Sirajul Huq, District Anti-Corrup­tion Officer & others, 2001, 30 CLC (HCD)

....t No.5 as contained in Annexure A‑1 are hereby declared to have been made without any lawful authority and are of no legal effect. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 457. ......nt for search of her lockers are mala fide and without any lawful authority......................................(10) Cases Referred to- Arab Bangladesh Bank Ltd. Vs. Md. Shahiduzzaman, Deputy Director, Bureau of Ant-‑Corruption, Dhaka and others, 1998 BLD 167=51 DLR 145. Lawyers Involve..

Category: Criminal Law | Date: | Hits: 305

Abu Hena Mostafa Kamal & another Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....ncluding the petitioner) to determine his income and to pay tax. The scope of section 93 has been excluded by the sub-section (3) of the section 82BB. 7. It is submitted that unless otherwise the Board or any authority subordinate to the board in this behalf, if so authorized by the Board select......es impugned against in all the petitions are hereby declared to have been passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 334. ..

Category: Fiscal/Taxation Law | Date: | Hits: 167