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Abdul Latif Howlader and others Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....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. ......eme 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, 200......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
Habib Khan Vs. State, 2012, 41 CLC (HCD)
....67; Bashu Dev Chatterjee Vs. Umme Salma, 8 BLT (AD) 168 = 51 DLR (AD) 238; Arun Karmakar Vs. State represented by the Deputy Commissioner Satkhira and another, 8 MLR (AD) 162 = 7 BLC (AD) 61; Mongol Chandra Nandi Vs. Bangladesh represented by the Secretary Ministry of Home affairs and others, 2 MLR ...... Nirjatan Daman Tribunal No.1, Dhaka on 29-08-2010 and after receipt of the case, the learned Court took cognizance of the offence against the accused Md. Arif Khan on 20-07-2010. 6. The police recovered the victim Mosammat Rokeya Dil Afroz Munmun and on 09-06-2010 produced before the learned Chi......ore Hafazat Nirapad Abssan are directed to set at liberty the vicÂtim Mosammat Rokeya Dil Afroz Munmun forthÂwith. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ..Category: Criminal Law | Date: | Hits: 176
Dr. S.M. Eunus Ali Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....7, and (3) Humayun Hossain Khan Vs. Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Finance & others reported in 61 DLR (AD) 92. 14. On the other hand, in reply Ms. Hosneara Begum, the learned Advocate appearing on behalf of the respondent bank s......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 Financ......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
Md. Shahid Bepari @ Shahidullah and other Vs. State, 2009, 38 CLC (HCD)
....support of his contention. 12. Mr. S.M. Shahjahan Kabir, the learned Assistant Attorney-General along with Mr. Nusrat Alam Chisty the learned Assistant Attorney-General for the State, on the other hand, submits that the prosecution has proved its case against the appellants by the most consistent...... evidence and circumstances of the case should be established without any room for doubt that a meeting of minds and fushion of ideas had taken place amongst accused persons and in prosecution of its overt acts of the accused person flowed out as if in obedience to the command of a single mind……......er and Abul Kalam are discharged from the respective bail bond. Send down the lower Court records with a copy of Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 130. ..Category: Criminal Law | Date: | Hits: 153
Ibrahim Akand and others Vs. Securities and Exchange Commission and others, 2009, 38 CLC (HCD)
....ule 46 requiring a fund to have at least Tk.50 crore as capital will apply to the existing funds. 46. But the amendment of Rule 46 shall not apply to existing mutual funds. The petitioners, on one hand, are opposing amendment of Rule 66 but on the other hand are trying to take advantage of amendm...... stock market of Dhaka and Chittagong. Share prices of all mutual funds dropped devastatingly and the small investors lost a total of Tk. 5708441250/- The drop in price of mutual funds resulted in an overall downbeat market. Investors failed to make new investments owing to blockage of their money. ......ble him to file CMP before the Appellate Division. The prayer is allowed and the operation of the Judgment is stayed for one (1) week. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 49. ..Category: Business or Commercial Law | Date: | Hits: 462
.... petitioner to go on retirement from 31.12.2005. As such the impugned order is illegal, and without lawful authority which is required to be rescinded and declared to be cancelled.
4. On the other hand Ms. Sufia Ahmed the learned Advocate appearing on behalf of respondent No.3 without filing any ...... on 31.12.2005 on completion of 57 years of age. Hence, this Rule.
3. Mr. Md. Mamun Aleem, the learned Advocate appearing on behalf of the petitioner submits that the service of the petitioner is governed by the Public Corporation (Management Co-ordination) Ordinance, 1986 which has been amended ......cted to pay the salary and other benefit to the petitioner in accordance with law.
10. However, there will be no order as to costs.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 19.
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Category: Criminal Law | Date: | Hits: 143
Transfin Trading Ltd. Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)
....that the respondent issued the impugned notice on 22-6-2003, and 07-9-2004 which are long after 150 working days, therefore, the impugned order is illegal as barred by limitation. 10. On the other hand, Mr. Abu Saleh Md. Fazle Rabbi, the learned Assistant Attorney General opposed the rule. 11......." and "H") 7. Being aggrieved by the impugned order the petitioner moved this Court and obtained the present Rule. 8. No Affidavit-in-Opposition has been filed on behalf of the respondents controverting the statements made in the writ petition. 9. Mr. Ramjan Ali Sikder with Mr. Abu Khaled-a......duty payable by the petitioner within a period of 30 days from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 359. ..Category: Fiscal/Taxation Law | Date: | Hits: 194
Gopinath Das and others Vs. Government of BanglaÂdesh & others, 2010, 39 CLC (HCD)
....ase No.24 of 1918 under section 198A of Bengal Tenancy Act his right was recorded as 'owner-in-possession'. GC Basak settled 5.18 acre agricultural land out of the land of said khatian with Gowranga Chandra Das, the origÂinal plaintiff and one Md. Noor Hossain, his benamdar by an amalnama executed ...... High Court Division (Civil Revisional Jurisdiction) Present: Sheikh Abdul Awal J Md. Moazzam Husain J Gopinath Das and others……………………Plaintiff-Petitioners Vs. Government of BanglaÂdesh & others……………………..Defendant Opposite-Parties Judgme......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 DeveÂlopment Board, 2012, 41 CLC (HCD)
....omplex Ltd. Vs. Sikder Construction Ltd., 8 LG (AD) 75; Rajdhani Unnayan Kartipakkha (RAJUK) Vs. MN Alam and Associates Ltd., 54 DLR 161; Mohamed Esoof Vs. Vr Subramanyam AIR, 1957 Mysore 78; Ganesh Chandra Misra Vs. Artatrana Misra, AIR 1965 Orissa 17; Hastimal Dalichand Bora, AIR 1965 Orissa 17; H......elopment 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 th......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
Harunor Rashid Halder Vs. Entaj Sheik & others, 1983, 12 CLC (HCD)
....y the Magistrate under the provision of law. 5. Mr. M.A. Sattar, the learned Advocate appeared against the Rule and in support of the opposite parties namely, Entaj Shaikh and others, on the other hand, has contended that the order passed by the learned Sessions Judge suffers from no illegality o......e said Judgment it appears to be the last Judgment in a proceeding under section 145 Cr.P.C. It appears that a number of proceedings under section 145 Cr.P.C. was drawn up by succesÂsive Magistrates over the same property, one after the other. It further appears that proceeÂding under section 145 ......Rule is discharged. The impugned proceeding is set aside. Send down the record at once. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 286. ..Category: Criminal Law | Date: | Hits: 88
Azibur Rahman Alias Arzu Vs. Kala Miah & another, 1982, 11 CLC (HCD)
....an error of law apparent on the face of the record and an interfereÂnce by this Court is called for. 5. Mr. Syed Badrul Alam, the learned Advocate appearing for both the respondents, on the other hand, submits that the learned Subordinate Judge has passed the impugned order after getting a local....... The appeal and the Rule are accordingly disposed of. Parties are made to bear their own costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 77. ....... The appeal and the Rule are accordingly disposed of. Parties are made to bear their own costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 77. ..Category: Procedural Law | Date: | Hits: 146
Makhlekur Rahman Vs. State, 1982, 11 CLC (HCD)
....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. ......atuakhali, 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 peti......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
Shaikh Obaidul Haq Vs. State & another, 1986, 15 CLC (HCD)
....ost-dated cheques had been issued. In view of such position we cannot see how the petitioner by deceiving the opposite party fraudulently and dishonestly induced him to deliver the goods, on the otherhand, it was at the instance of the opposite party that the new system of delivery of goods against ......f 1981 under section 420 of the Penal Code alleging that two post dated cheques for total amount of Tk. 1,01,560/30 have been dishonoured payment by the petiÂtioner's banker. and further 36 cheques covering Tk. 10,95,079/31 have been stopped payment by the petitioner. In that Criminal case it was s......n 420 of the Penal Code now pending in the Court of Chief MetropoliÂtan Magistrate, Dhaka be quashed. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 105. ..Category: Criminal Law | Date: | Hits: 67
Kazi Aftabuddin and others Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....er, as we have already mentioned, is 30th August 1984, since then quite a long time has lapsed without any attempt by the Government to take back the unutilised lands of the petitioners. On the other hand, from the petition it appears that the requiring body has recently carried out survey of lands ......sent: A M Mahmudur Rahman J K M Hasan J Kazi Aftabuddin and others……………………………………Petitioners Vs. Bangladesh, represented by the Secretary Ministry of Land, Government of the People's Republic of Bangladesh and others…………………………………â€......h step has been taken by the authority to remove the structures. In view of the above, the petition is rejected summarily. No cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 422. ..Category: Property Law | Date: | Hits: 67
Hasan Malik (Md.) @ Titu Vs. State, 2009, 38 CLC (HCD)
....error in convicting and sentencing the accused and that the learned Sessions Judge was wrong in holding the accused guilty finding him liable under section 106 of the Evidence Act. 8. On the other hand, the learned Assistant Attorney-General appearing on behalf of the State submits that the PM re......inst the accused under section 302 of the Penal Code. 4. At the time of trial, the learned Sessions Judge framed charge against the accused under section 302 of the Penal Code. The charge was read over and explained to the accused to which he pleaded not guilty and claimed to be tried. 5. To p......the Penal Code. He is set at liberty forthwith if not wanted in any other connection. Send down the lower Court records accordingly. Ed. This Case is also Reported in: 61DLR (HCD (2009) 303. ..Category: Criminal Law | Date: | Hits: 91
Hubble Corporate Ltd. Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)
....their claim." 12. Therefore, it appears from the report that claimed item No.2, 3 and 5 were sound. The learned Advocate for the petitioner submits that it, means that claim is sound, On the other hand, the learned Advocate for the petitioner submits that it means that the goods were found in sou......iled Money Suit No.42 of 2004 against the Bank before the 5th Court of Joint District Judge, Dhaka (hereÂinafter stated as the Court) for compensation of an amount of Taka 59,38,897, The goods were covered under the insurance policy with other the goods belonged to other clients of the Bank. But th...... of stay granted earlier by the Court stands vacated. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ..Category: Civil Law | Date: | Hits: 176
Bela alias Bala & another Vs. State, 2011, 40 CLC (HCD)
....eapons. Accused No.2 Masud ordered to kill informant, while accused No.1 Bela alias Bala dealt chenny blow pointing her head causing profuse bleeding injuries, who also caused injuries upon her right hand fingers. Accused No.3 Nurnabi also assaulted her. They identified the accused by electric light......assaulted her. They identified the accused by electric light. Having had heard the incident, locals rushed to the scene and forwarded her to local "Good hill" hospital in critical condition. After recovery she launched the prosecution on 8-6-2010 with the Kabirhat Police Station. 4. The police af......e petitioners if they misuse the privilege of bail in any manner whatsoÂever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 85. ..Category: Criminal Law | Date: | Hits: 95
Muslim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....f the terms and conditions of service of a person in the service of the Republic, including the matters provided for in Part IX and the award of penalties or punishments. Article 117(2), on the other hand, debarred any Court to entertain any proceedings or make any order in respect of any matter fal......ministrative Tribunal having been established under Act VII of 1981 pursuant to Article 117 of the Constitution, with all powers to meet the petitioner's grievances, High Court Division should not be over burdened with such cases. An aggrieved person out of desperation or just taking a sportive chan....... Hence, the Rule is discharged. Stay granted earlier by this Court be vacatÂed. However, there will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 161. ..Category: Administrative Law | Date: | Hits: 455
Mangal Chandra Sarker and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... Case is also Reported in: 64 DLR (HCD) (2012) 152. ......1, 79, 84 and 117; Gazette Notification dated 21-8-1989 in respect of the land of plot Nos.84 and 79 and Gazette Notification dated 4th September, 1990 in respect of plot Nos.17 and 117 by which the Government acquired the aforesaid property of the petitioners situated at Mouza-Chakoli, JLNo.214, Po......s from the places wherein their homesteads are situatÂed considering their humanitarian approach. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 152. ..Category: Property Law | Date: | Hits: 89
....such notification or, in relation to relevant goods and services from the date of publication of the notification under section 4, which ever is later.
22. Section 4 of the Ordinance, on the other hand, empowers the National Board of Revenue to declare by a notification in the official gazette an......spondent No. 1, Additional Secretary and Member (Appeal and Revision) and others, and also SRO No. 243 dated 27-6-86 (Annexure-H) and SRO No. 161 dated 16-6-88 (Annexure-J), which levied business turnover tax on the Customs Bonded Warehouse of the petitioner were challenged.
2. Short facts for di......cember, 1985 to the petitioner as prayed for within a period of 30 days of receipt of this order, positively.
Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 704.
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Category: Administrative Law | Date: | Hits: 491
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