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Abdul Motaleb and others Vs. Customs, Excise and VAT Appellate Tribunal, 2011, 40 CLC (HCD)
....l and upholding the Judgment and order dated 2-6-2008 passed by the Respondent No.3 in order No.367 Mushuk-Anium/Banoful & Co./Commi/08 directing the petitioners to deposit Taka 1,36,35,283.25 to Government fund through treasury chalan should not be declared to have been issued without lawful au......tice dated 14-2-2008 (Annexure-C) is also declared to have been passed and issued without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 100. ..Category: Fiscal/Taxation Law | Date: | Hits: 135
Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)
....eof. They are set at liberty at once if not required in connection with any other case. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 279. ......e produced by prosecution and materials relied upon to fasten the guilt upon convict-appellants only points needle of suspicion and doubt towards them. Standard required to be achieved by prosecuting agency to demand conviction is very much wanting. Boon of doubt, thus, can conveniently be showered ..Category: Criminal Law | Date: | Hits: 83
Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)
....dly, this Writ Petition is in the nature of a Writ of Certiorari. The scope of a Writ of Certiorari is very limited. In this connection, a reference may be made to the decision in the case of the Government of Bangladesh Vs. Md. Jalil reported in 15 BLD (AD) 175 = 49 DLR (AD) 26. In that decis...... to the extent of 5.17 acres as it originally stood. Communicate this Judgment to the Land Appeal Board (respondent No.1) at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 511. ..Category: Property Law | Date: | Hits: 115
Category: Civil Law | Date: | Hits: 85
Aleka Khatun and others Vs. Government of Bangladesh, 2004, 33 CLC (HCD)
.... High Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Sharifuddin Chaklader J Aleka Khatun and others…………………………..Petitioners Vs. Government of Bangladesh ………………………. Respondent Judgment May 24, 2004. Res......ch, we hold that this writ petition is also bad for this reason. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 693. ..Category: Property Law | Date: | Hits: 69
Abdul Quddus Vs. Mobarak Hossain, 1996, 25 CLC (HCD)
....n and others Vs. Azizuddin and others, 43 DLR 207; Kazi Motiur Rahman and others Vs. Din Islam, 43 DLR 128; Trading Corporation of Bangladesh Vs. Syed Sajeduzzaman, 40 DLR 406; Md. Bonde Ali Khan Vs. Government of Bangladesh, 1986 BLD 232; Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 38 DLR (A...... therefore, discharged. The order of stay granted earlier by this Court on 7‑4‑96 is also hereby vacated. No order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 572. ..Category: Procedural Law | Date: | Hits: 82
Akbar Hossain (Md.) Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....n) Present: Naimuddin Ahmed J Md. Fazlul Karim J Akbar Hossain (Md.)..........................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Housing and Works, Government of the People's Republic of Bangladesh and others........................Respondents J......d superfluous order to this effect. With the above observation, the Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 291. ..Category: Property Law | Date: | Hits: 77
State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....ision (Special Original Jurisdiction) Present: AHM Shamsuddin Choudhury J Sheikh Md. Zakir Hossain J The State......................................................Petitioner Vs. Government of Bangladesh and others..........................Respondents Judgment April 3, 201......er of requisition unless the order is made for public purpose or in public interest and that verbal assertion that requisition is made for the development of jute industries through a certain private agency for the benefit of the public, was not enough. Their Lordships were quite vigorous in asse..Category: Constitutional Law | Date: | Hits: 642
Fazlul Haque (Md.) Vs. Abdul Malek and another, 2008, 37 CLC (HCD)
.... or the omission to mention the provision which contains the source of power will not invalidate an order where the source of such power exists." 29. In the case before the Appellate Division, the Government of Bangladesh made an inadvertent error by referring to a wrong section of the Army Act i......cost. Order of stay granted at the time of issue of the Rule on 30-4-07 is accordingly, recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 72. ..Category: Civil Law | Date: | Hits: 281
Veena Khaleque and others Vs. State, 2009, 38 CLC (HCD)
....or, accused petitioner No. 2 is the Team Leader and accused petitioner No. 3 is the Area Manager of the Intermediate Technology Development Group presently named as Practical Action Bangladesh, a Non-Government organization (NGO) and he served in the (NGO) as a Research Associate at its Jamalpur dis......anted earlier is hereby vacated. Send a copy of this judgment to the court concerned at once for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 762. ..Category: Employment/Service Law | Date: | Hits: 238
Abdul Latif Howlader and others Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....reme Court High Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Md. Ashfaqul Islam J Abdul Latif Howlader and others ……………… Petitioners Vs. Government of Bangladesh and others …………………..Respondents Judgment January 21, 20......tee and subject to there being vacant posts of similar scale available. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 707. ..Category: Employment/Service Law | Date: | Hits: 216
Dr. S.M. Eunus Ali Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
..../S. United Leather International Vs. Artha Rin Adalat and others, 17 BLT (AD) 204; Md. Joinaul Abedin Mintu Vs. Joint District Judge, 3rd Court Tangail and others 18 BLT 277; Humayun Hossain Khan Vs. Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Finan......as to cost. The stay order stands vacated. Send copy of this judgment to the Artha Rin Adalat, 2nd Court, Jessore. Nozrul Islam Chowdhury J.-I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 254
Ibrahim Akand and others Vs. Securities and Exchange Commission and others, 2009, 38 CLC (HCD)
....mparison of ICB 1st Mutual Fund with AIMS First Guaranteed Mutual Fund and other funds cannot be made. By stating so, SEC endorsed issuance of stock dividend by ICB 1st Mutual Fund. All Mutual Funds, Government or private, are equal to SEC. It cannot discriminate amongst them, (emphasis is ours) ......ever intended to give authority to make such Rules; they are unreasonable and ultra vires." 38. From the above, it appears that when Parliament delegates legislative function to the administrative agency to make rules or regulations, Parliament cannot be said to have permitted the delegatee to ma..Category: Business or Commercial Law | Date: | Hits: 462
Mehir Chandra Bhomick Vs. Deputy Commissioner, Brahmanbaria and others, 2007, 36 CLC (HCD)
....enemy property died with the repeal of Ordinance No.1 of 1969 on 23.3.74 and no further vested property case can be started thereafter on the basis of the law which is already dead . . . Claim of the Government or by the vested property authority that certain property is a vested property, without t......rlier by this Court stands vacated. Send down the lower Court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 22. ..Category: Property Law | Date: | Hits: 155
Category: Fiscal/Taxation Law | Date: | Hits: 220
Gopinath Das and others Vs. Government of Bangladesh & others, 2010, 39 CLC (HCD)
.... High Court Division (Civil Revisional Jurisdiction) Present: Sheikh Abdul Awal J Md. Moazzam Husain J Gopinath Das and others……………………Plaintiff-Petitioners Vs. Government of Bangladesh & others……………………..Defendant Opposite-Parties Judgm......of the giant design to grab, if at all, such a huge tract of land in the city centre. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 167. ..Category: Property Law | Date: | Hits: 149
Shah Alam (Md.) Vs. Bangladesh Water Development Board, 2012, 41 CLC (HCD)
....velopment Board Vs. Progati Prakaushali, 49 DLR 335; Haji Amir Bux Vs. Sono Khan, PLD 1979 Karachi 45; Bangladesh Water Development Board Vs. Nasim and Brother, 1988 BLD 369; Mol Enterprises Inc. Vs. Government of the People's Republic of Bangladesh, 7 BLT 26; Mol Enterprises Inc Vs. Government of t......rder of stay at the time of issuance of the rule is hereby vacated. Let a copy of the Judgment be sent to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 245. ..Category: Civil Law | Date: | Hits: 195
Makhlekur Rahman Vs. State, 1982, 11 CLC (HCD)
....Patuakhali, between the period of February, 1969 to May 1963 in his capacity as a public servant allegedly realised rents from the tenants and defalcated the same without depositing the amount in the Government Treasury and accordingly a First Information Report was lodged on 18.2.71 against the pet......l bonds forthwith. The Rule is, accordingly, made absolute. Communicate the order at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 72. ..Category: Criminal Law | Date: | Hits: 62
Kazi Nurul Haque Vs. State, 1983, 12 CLC (HCD)
....ned to call for any witness and examine him under section 454C of the Code of Criminal Procedure. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 352. ......rned special Judge could summon witnesses or examine any person if his evidence appeared to him essential for the just decision of the case, he cannot under law direct the police or the investigating agency to make further investigation of the case after the trial of the accused has started and the ..Category: Criminal Law | Date: | Hits: 70
Shaikh Obaidul Haq Vs. State & another, 1986, 15 CLC (HCD)
....n 420 of the Penal Code now pending in the Court of Chief Metropolitan Magistrate, Dhaka be quashed. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 105. ......aratory suit No.416 of 1981 in the 3rd Court of Subordinate Judge at Dhaka for declaration that the refusal to supply the paints to the petitioner was illegal being in violation of the terms of the agency. This title suit was brought on 25.8.81 and the opposite party in order to escape the liabili..Category: Criminal Law | Date: | Hits: 67