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Motiur Rahman Vs. AKM Shamsul Alamin and another, 2010, 39 CLC (HCD)
....s Appeal No.76 of 1997 is hereby maintained. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 449. ......iff paid Taka 75,000 to the defendant. Ultimately, the defendant No.1 delivered possession of the land to the plaintiff, who subsequently came to know that defendant No.1 did not apply for income tax clearance certificate. The plaintiff had to send a notice to defendant No.1 asking him to execute a ......s Appeal No.76 of 1997 is hereby maintained. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 449. ..Category: Procedural Law | Date: | Hits: 170
Tarique Rahman Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....appellant has disproportionate wealth, whether he has concealed his known source of income, whether there is mis-joinder of charges and whether the trial of the appellant on facts allegedly committed prior to the promulgation of Durnity Daman Commission Ain, 2004, constitute an offence under the Dur......y, the Rule is discharged without any order as to costs. The trial Court is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ......ament passed Money Laundering Protirodh Ain, 2002 (Act No. VII of 2002). Subsequently, this Act was repealed by the Money Laundering Protirodh Ordinance, 2008 (Ordinance No.XII of 2008). The Minister Ministry of Finance placed a bill before the Parliament, namely, মানিলন্ডারি..Category: Criminal Law | Date: | Hits: 112
SM Sabbir Hasan Vs. State, 2011, 40 CLC (HCD)
....te appearing on behalf of the accused-petitioner submits that the Anti-Corruption Commission Act, 2004 and Anti-Corruption Rule, 2007 provides special procedure for trap cases inasmuch as without prior approval of the Anti-Corruption Commission no officer of the Anti-Corruption Commission can la......ermitted to take back the certified copies of the annexures on substituting with photo copies of the same, except the impugned order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 368. ......ermitted to take back the certified copies of the annexures on substituting with photo copies of the same, except the impugned order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 368. ..Category: Criminal Law | Date: | Hits: 111
Afifa Sultana Vs. Judge, Artha Rin Adalat and others, 2011, 40 CLC (HCD)
....dgment and decree dated 17-2-2004 (decree signed on 23-2-2004). The Bank thereafter filed Artha Jari Case No.214 of 2007 on the basis of the preliminary decree signed on 23-2-2004 before the Adalat prior to drawing up of the final decree and the learned Judge of the Adalat directed to publish the ......as to costs. The order of stay granted earlier by the Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ....... National Bank Ltd, 46 DLR (AD) 191; Gazi M Towfiq Vs. Agrani Bank, 54 DLR (AD) 6; Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat, 59 DLR (AD) 6; Edruk Limited Vs. Secretary, Ministry of Industries, 14 BLC 102. Lawyers Involved: Md. Arshad Ullah, Advocate - For the Pet..Category: Civil Law | Date: | Hits: 269
.... service cannot be sustained.
In the result, the Rule in all the Writ petitions are made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 459....... service cannot be sustained.
In the result, the Rule in all the Writ petitions are made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 459.......arbitrarily and illegally they had been discharged from service by the aforesaid discharge certificates dated 26.1.86.
7. All the 3 petitioners preferred separate appeals before the Secretary, Ministry of Home Affairs with a prayer for reinstatement in service by applications dated 30.3.86 ..
Category: Others | Date: | Hits: 167
Jalaluddin Vs. Bangladesh, 1989, 18 CLC (HCD)
....result, the Rule is discharged but without any order as to costs, and the order of stay passed by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 132.......result, the Rule is discharged but without any order as to costs, and the order of stay passed by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 132.......l Original Jurisdiction) Present: Mustafa Kamal J Md. Mozammel Hoque J Jalaluddin............................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Local Government Rural Development & Cooperation.................................Res..Category: Property Law | Date: | Hits: 108
Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)
....rable from administrative point of view or whether it is prejudicial to the interest of the Parishad. On forming such opinion it is to be so expressed and the order of suspension is to be passed with prior approval of the Govt. The order must ex-facie show that the prescribed authority formed hi......ted 17.10.87 is illegal and has been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110.......ic of Bangladesh............Respondents Judgment June 26, 1989. Result: The Rule is, accordingly, made absolute. Cases Referred to- 1981 BLD (AD) 196; Hye Bhuiya Vs. Secretary, Ministry of Local Govt. and Rural Development and others 1981 BLD (AD) 196; Abdur Rashid Versus Go..Category: Others | Date: | Hits: 175
Alam Ara Huq Vs. Govt. of Bangladesh and others, 1989, 18 CLC (HCD)
.... order of the High Court Division was served upon the respondents including the Superintendent of Dhaka Central Jail on 9.3.89, but the jail authority refused to release the detenu on the plea that prior clearance of the Ministry was necessary. Again by Memo No.2430-Sha-Ma(Nira 1) dated 11.3.89 a ......ondents including the jail authority at Chittagong where the detenu was transferred on 18.12.88, but the petitioner waiting in the jail gate was informed that the detenu could not be released without clearance of the superior authority. A fresh order of detention by Memo No.13421-Sha-Ma (Nira-1) d......a) (Special Original Jurisdiction) Present: Mustafa Kamal J Md. Mozammel Hoque J Alam Ara Huq..................Petitioner Vs. The Govt. of Bangladesh, represented by the Secy., Ministry of Home Affairs and ors………………………………………….Respondents Judg..Category: Criminal Law | Date: | Hits: 107
Government of Bangladesh Vs. Israt Jahan Kazal, 1995, 24 CLC (HCD)
....r interference by this Court. In the result, the Rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 161.......r interference by this Court. In the result, the Rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 161.......n: 48 DLR (HCD) (1996) 161...Category: Property Law | Date: | Hits: 107
Rahmatullah Vs. State and another, 1995, 24 CLC (HCD)
....n the present case. I5. Thus, after consideration of the materials on record and after hearing die learned Advocates of both the sides we find no force in the argument advanced by Mr. TH Khan that prior permission from the concerned Court to hold further investigation will be necessary. 16. Ha......accordingly discharged. The orders of stay passed earlier are hereby vacated. Sent down the lower Court records expeditiously. Ed This Case is also Reported in: 48 DLR (HCD) (1996) 158. ......accordingly discharged. The orders of stay passed earlier are hereby vacated. Sent down the lower Court records expeditiously. Ed This Case is also Reported in: 48 DLR (HCD) (1996) 158. ..Category: Criminal Law | Date: | Hits: 99
State Vs. Lokman Miah, 1995, 24 CLC (HCD)
....statement under section 164 CrPC was made by accused Lokman Miah and thereafter P.W.1 filed the first Information Report (Ext.1). A suggestion was given that Humayun Was absent for 3 consecutive days prior to the date of occurrence which the accused denied. It is stated by P.W. that accused Lokman M......the accused Lokman Miah by the Additional Sessions Judge, Narayanganj in Sessions Case No.50 of 1988 on 15.6.92 is hereby set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 149. ......the accused Lokman Miah by the Additional Sessions Judge, Narayanganj in Sessions Case No.50 of 1988 on 15.6.92 is hereby set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 149. ..Category: Criminal Law | Date: | Hits: 73
Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....for the proper functioning of the democracy, without political party democracy cannot function and the will of the people is expressed through candidates or parties in Parliament and party should get priority above all in public affairs. It is further submitted that the Member of the Parliament is a......1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ......………...Appellants (In Writ Petition No. 2195 of 1991) Moudud Ahmed…………...Appellants (In Writ Petition Nos. 2213 and 2238 of 1991) Vs. Bangladesh through the Secretary, Ministry of Law & Justice and others……......Respondent (In all the Writ Petitions). Ju..Category: Constitutional Law | Date: | Hits: 414
SM Shafiul Azam and others Vs. Director of Labour and others, 1991, 20 CLC (HCD)
....y, 1990 the respondent No.6 Mr. Mesbahuddin Ahmed, the Deputy Director of Labour, along with one Mr. Atiqur Rahman, Assistant Director of Labour, came to the office of the petitioner No.2 without any prior notice and wanted to enquire on 5 points Wed on a white sheet of paper without any signature. ...... effect. Let the order passed by this court earlier staying the further proceeding of criminal case No.10 of 1990 be vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 582.......our Court against the Bank Management for unfair labour practices, the respondent No.4 Union, had no other alternative but to bring the whole matter to the notice of the Minister‑in‑charge of the Ministry of Labour and Manpower by its letter dated 3.5.90 and the Minister directed the Director of..Category: Labour and Industrial Law | Date: | Hits: 176
Lal Banu Bibi and others Vs. Nourjan Banu, 1986, 15 CLC (HCD)
....respective contentions. On consideration of evidence the trial Court held that impugned deed is tainted with fraud and that plaintiff opposite party did not get independent and disinterested advice prior to the execution and registration of the deed in question and on that finding he held the impu......ded but no fresh evidence will be admitted. Cost will abide by the result of the suit. Send down the lower Court's records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 519.......ded but no fresh evidence will be admitted. Cost will abide by the result of the suit. Send down the lower Court's records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 519...Category: Property Law | Date: | Hits: 134
Bangladesh Inland Water Transport Authority Vs. United Trading Corporation, 1989, 18 CLC (HCD)
....der of the learned Subordinate Judge cannot be sustained. In the result the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 513.......der of the learned Subordinate Judge cannot be sustained. In the result the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 513.......or thorough repair. The defendant petitioner made inordinate delay in repairing the oil tanker and mutual claims and counter-claims cropped up between the parties. The dispute was referred to the Ministry concerned and it was agreed that it will be settled through arbitration. The District Jud..Category: Civil Law | Date: | Hits: 142
Janata Bank Vs. Mohiuddin Specialised Textile, 2009, 38 CLC (HCD)
....l be paid in Money Suit till realisation of decreetal amount. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 501. ......l be paid in Money Suit till realisation of decreetal amount. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 501. ......le reason that it is not law. It is as simple as that. The Writ Petition was misconceived at the inception." (ii) Messrs Greenways Tannery represented by its Proprietor Sirajuddowla Vs. Secretary, Ministry of Industries, Government of Bangladesh. This Writ Petition No.6270 of 2003 was filed for i..Category: Civil Law | Date: | Hits: 141
Hyundai Corporation Vs. Deputy Commissioner of Taxes, Dhaka and another, 1999, 18 CLC (HCD)
....n is not assessable in Bangladesh for the reasons as aforesaid the order of attachment is found to be illegal and without jurisdiction. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 333.......n is not assessable in Bangladesh for the reasons as aforesaid the order of attachment is found to be illegal and without jurisdiction. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 333.......ness. They only maintained a liaison office solely for the purpose of the advertising, the supplying and feeding back the information as per term of the convention as well as the permit issued by the Ministry of Industries. The petitioner is maintaining its office in Dhaka with remittances received ..Category: Fiscal/Taxation Law | Date: | Hits: 254
Delicia Dairy Food Ltd. Vs. Collector of Customs and others, 1998, 17 CLC (HCD)
....en filed by any of the respondents. 7. Learned Advocate of the petitioner submits that no show-cause notice as was required to be served by the provisions of section 32(3) of the Customs Act, 1969 prior to assessment of the amount claimed as the short-levied duty and charges in respect of the mer......n shall pay the amount so determined. (5) For the purposes of this section, the expression “relevant date” means- (a) in any case where duty is not levied the date on which an order for the clearance of goods is made; (b) in a case where duty is provisionally assessed under section 81, ......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
State Vs. Shahidul Alam Chowdhury and two others, 1999, 18 CLC (HCD)
....al apology tendered by the contemners are accepted and they are let off with the above warning. The Rule is disposed of accordingly. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 380.......al apology tendered by the contemners are accepted and they are let off with the above warning. The Rule is disposed of accordingly. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 380.......udgment Kazi Ebadul Hoque J. - This Suo Motu Rule was issued calling upon Mr. Shahidul Alam Chowdhury, Advocate, Mr. Kafiluddin Ahmed, Advocate and Md. Rahmatullah, Assistant Secretary, Section 9, Ministry of Land to show cause as to why they shall not be prosecuted for committing contempt of Cou..Category: Criminal Law | Date: | Hits: 87
Assistant Custodian, Vested Property Vs. Jugal Chandra Shaha & others, 1988, 27 CLC (HCD)
.... of Civil Procedure praying for restoration of the suit after setting aside the order of dismissal of the suit for default on the allegations, inter alia, that the plaintiff fell ill since 2 days prior to 18.6.84 and he was bed-ridden for which he could not appear at the hearing of the suit on 1......First Court, Patuakhali for disposal of the Miscellaneous Case in accordance with law and in the light of the observation made above. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 473.......First Court, Patuakhali for disposal of the Miscellaneous Case in accordance with law and in the light of the observation made above. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 473...Category: Limitation Law | Date: | Hits: 275
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