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Signage Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)
.... no legal effect. And the rule issued in relation to the allocation of fixation of a separate service code is hereby discharged. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 137. ......ntary of affidavit the petitioner stated that the aforesaid impugned order was passed by the respondent No.3, the Deputy Commissioner of Custom and Excise and VAT Tejgaon Circle beyond the authorised power as provided under section 40 of the VAT Act. It is stated that the respondent No.3 has onl...... Court Division (Special Original Jurisdiction) Present: Hasan Foez Siddique J Md. Moinul Islam Chowdhury J Signage…………………………Petitioner Vs. Commissioner of Customs and others…………………………..Respondents Judgment June 10, 2010. Result: ...... no legal effect. And the rule issued in relation to the allocation of fixation of a separate service code is hereby discharged. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 137. ..Category: Fiscal/Taxation Law | Date: | Hits: 168
Masum and others Vs. State, 2009, 38 CLC (HCD)
....liberty at once if not wanted in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 133. ......xhibits I, and III, respectively. During the cross examination, P.W.1 states that আমি জব্দ তালিকা আগেই করেছি and that he was not aware as to whether he had power to investigate into this case or the power to prepare the seizure list. He further stated that......on) Present: AKM Asaduzzaman J Md. Rezaul Hasan J Masum and others…………………………….Appellant Vs. State…………………………….Respondents Judgment October 7, 2009. Result: The appeal is allowed. Lawyers Involved: Nakib Saiful Islam, with......liberty at once if not wanted in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 133. ..Category: Criminal Law | Date: | Hits: 75
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....at the cost of the Office immediately for information and compliance with the same. However, there would be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 124. ...... the workers safety provisions provided in the National Building Code, 2006. But petitioner No.1 did not get any response from the concerned authority. 10. The Government, in exercise of the power conferred to it by section 18A of the Building Construction Act, 1952, (Act No.II of 1953), on......in J Gobinda Chandra Tagore J Bangladesh Legal Aid and Services Trust (BLAST)………………….Petitioners Vs. Bangladesh and others…………………..Respondents Judgment October 13, 2010. Result: The Rule is made absolute. Lawyers Involved: Tanim Hossain Shawo......at the cost of the Office immediately for information and compliance with the same. However, there would be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 124. ..Category: Labour and Industrial Law | Date: | Hits: 163
Shah Newaj Chowdhury @ Swapan and others Vs. State and another, 2010, 39 CLC (HCD)
....ted earlier by this Court shall stand vacated. Communicate the order at once to the concerned. Salma Masud Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 371. ...... before the trial Court for staying all further proceeding of the instant criminal proceeding as required under section 344 or any other section of the Code of Criminal Procedure. The trial Court has power to postpone and adjourn the proceeding under section 344 or any other section of the Code of......s…………………Petitioner Vs. The State and another…………………………Opposite Parties Judgment July 21, 2010. Result: The rule is made absolute. Cases Referred to- Zakir Hossain and others Vs. The State and another, 43 DLR (AD) (1991) 102; Dhirendra Chakrab......ted earlier by this Court shall stand vacated. Communicate the order at once to the concerned. Salma Masud Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 371. ..Category: Criminal Law | Date: | Hits: 54
M/S. Udayan Board Mills Vs. Janata Bank and another, 2010, 39 CLC (HCD)
....e of Belayet Hossain Vs. Bank Indosuez reported in 50 DLR 431, it has been held that the Artha Rin Adalat Ain is a special legislature setting up Special Courts for prompt realisation of the loans by financial institution. A revisional application under section 115 of the Code of Civil Procedure a......t-debtor No.2. 24. In the case of Provat Kumar Das Vs. Agrani Bank and another reported in 15 BLC (AD) 113, wherein our Apex Court affirmed the view of the High Court Division that the Adalat is empowered to pass an order of warrant of arrest civil imprisonment directly when no auction sale is po...... Division (Civil) Present: Sheikh Abdul Awal J M. Moazzam Husain J M/S. Udayan Board Mills, Lamapara, Fatullah, Narayanganj and another....................Defendant Nos.1-2 judgment-debtor-petitioners Vs. Janata Bank, Fatullah Branch, Narayanganj and another....................P......earlier by this Court stands vacated. Communicate this judgment at once. M. Moazzam Husain J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 365; 18 BLT (HCD) (2010) 266. ..Category: Civil Law | Date: | Hits: 129
Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)
....f 1998, to be stayed. Accordingly, the prayer is refused. There is no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 208. ......strict'. 7. By Section 5 read with Section 46(1) of the Government of India Act. 1935. ("the 1935 Act") Bengal was a Governor's province in the Federation of India. Section 91(1) of the 1935 Act empowered the King by Order in Council to declare certain areas as "excluded area" and "partially excl......s) Judgment April 12, 13, 2010. Result: The Rule in Writ Petition No.2669 of 2000 is made absolute in part. The Rule in Writ Petition No.6451 of 2007 is discharged. Cases Referred to- Indra Sawhney Vs. Union of India, AIR 1993(SC) 477; Rangamati Food Products Ltd. Vs. Commissi......ular, has drawn this Court's attention to at least one similar exercise undertaken in the Philippines in the case of Province of North Cotabato Vs. the Government of the Republic of Philippines Peace Panel on Ancestral Domain. Given this Court's views that the CHT peace process to be sustainable mus..Category: Constitutional Law | Date: | Hits: 314
Soharaf Uddin alias Soharab Vs. State, 2008, 37 CLC (HCD)
....le thus fails. In the result the rule is discharged. Let the LCR be sent down immediately. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 189. ......s that there is no evidence against the petitioner to sustain convict and sentence so awarded upon him. 13. The only question that survives for determination in this rule is whether the inherent power under section 561A of the code of criminal Procedure can be exercised in quashing the impugned......………………….Petitioner Vs. The State……………………………………Opposite Party Judgment November 26, 2008. Result: The rule is discharged. Cases Referred to- Golam Mohammad Vs. Muzammal khan and 4 others, PLD 1967 SC 317; Md. Alam and 3 others Vs. The......le thus fails. In the result the rule is discharged. Let the LCR be sent down immediately. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 189. ..Category: Criminal Law | Date: | Hits: 99
Chowdhury Ataur Rahman Azad Vs. State, 2009, 38 CLC (HCD)
...., District-Sylhet. Send down a copy of this Judgment to the lower Court for necessary action at once. Md. Imman Ali J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 186. ......e the case again. 9. In fact, the complainant did not challenge the order of the Magistrate to the higher Court. Even he did not file any naraji. So in such a situation learned Magistrate had no power to pass further investigation on the basis of an application filed by one S.I. Nur Mohammad.......……………………Accused-Petitioner Vs. The State……………………….Opposite party Judgment November 22, 2009. Result: The Rule is made absolute. Case Referred to- Shahera Khatun Vs. State, 6 BLC (2001) 604. Lawyers Involved: MM. Nuruzzaman, Advocate ......, District-Sylhet. Send down a copy of this Judgment to the lower Court for necessary action at once. Md. Imman Ali J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 186. ..Category: Criminal Law | Date: | Hits: 84
Mizanur Rahman Vs. Surma Khatun, 1998, 27 CLC (HCD)
....ourt is directed to take steps after receiving the records for securing arrest of the petitioner to serve out the remaining sentence. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 559. ......e was no Union Parishad and as such, there was no Arbitration Council for filing an application for obtaining permission for the second marriage. Another ground is that, the appellate Court was not empowered to award sentence of fine in addition to the sentence of imprisonment. 3. Perused the jud...... J Mizanur Rahman……………………Petitioner Vs. Surma Khatun…………………..Opposite Party Judgment May 18, 1998. Result: The Rule is discharged. Cases Referred to- Farooque Miah Vs. Tahera Begum, 1981 BLD 165; Ayesha Sultana Vs. Md. Shajahan Ali, 38 DLR 140......ourt is directed to take steps after receiving the records for securing arrest of the petitioner to serve out the remaining sentence. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 559. ..Category: Procedural Law | Date: | Hits: 105
Akhter Hossain (Md.) Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....roup-2 and Inquiry Officer, Customs House, Dhaka and withdraw the suspension order of license. There will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 82. ......ed the Bill of Entry for clearance of the spare it was presumed that they acted in connivance with the importer in importing the smuggled goods and, hence his license was temporarily suspended in the power conferred under Rule 21 of the customs Agents Licensing Rules, 1986. It is further stated in t...... J Md. Moinul Islam Chowdhury J Akhter Hossain (Md.)…………………………..Petitioner Vs. Bangladesh and others………………………………..Respondents Judgment October 21, 2009. Result: The Rule is made absolute. Lawyers Involved: Manzil Murshid, Adv......roup-2 and Inquiry Officer, Customs House, Dhaka and withdraw the suspension order of license. There will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 82. ..Category: Fiscal/Taxation Law | Date: | Hits: 166
....ment the judgment and order complained of without further delay. The order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 606.
...... containing the decision/award of the 4th Wage Board constituted by the Government for Newspaper Employees under the Provisions of section 11 of Act 30 of 1974. In the said award, amongst others, the power, function and duties and responsibilities of the Editor of the newspaper have been defined as ......is Case is also Reported in: 50 DLR (HCD) (1998) 606.
......ment the judgment and order complained of without further delay. The order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 606.
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Category: Labour and Industrial Law | Date: | Hits: 215
Komor Ali and another Vs. Al-Arafa Islami Bank Ltd. and others, 2011, 40 CLC (HCD)
....pposite party Nos.2-5 are set aside on the ground of fraud. It is declared that there created no title in favour of holders of those deeds. This Case is also Reported in: 16 MLR (HCD) (2011) 457. ...... Artha Rin Adalat Ain, 2003 in favour of the opposite party No.1 for possessing or mortgaging or for selling out the property just to realisation of debt. The bank, (opposite party No.1) being so empowered published auction notice through the daily Inquilab dated 23.5.2005 for selling out the mort............................Petitioners Vs. Al-Arafa Islami Bank Ltd. and others ..................Opposite Parties Judgment May 2011. Result: The Rule is made absolute. Cases Referred to- IFIC Bank Ltd. Vs. Manner Fashions Ware Pvt. Ltd. and others, 12 BLC (HCD) 723; Abdus Sattar ......pposite party Nos.2-5 are set aside on the ground of fraud. It is declared that there created no title in favour of holders of those deeds. This Case is also Reported in: 16 MLR (HCD) (2011) 457. ..Category: Civil Law | Date: | Hits: 112
AKM Fayekuzzaman Vs. State and another, 2010, 39 CLC (HCD)
....ce, if any, if she wished under actual facts. Let a copy of this Judgment be sent to the trial Court at once for necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 37. ......21. The Role of High Court Division is to see whether things are done rightly. High Court Division by its inherent jurisdiction can impart justice and can also eliminate injustice. This Division is empowered to see whether the charge against the accused petitioner has framed rightly or not under sec......………….Petitioner Vs. State and another…………………………………Opposite-parties Judgment December 9, 2010. Result: The Rule is made absolute. Cases Referred to- 11 DLR (SC) 394; Reazuddin Ahmed Md. Vs. State and another, 49 DLR (AD) 64 = 1997 BLD (AD) 12......ce, if any, if she wished under actual facts. Let a copy of this Judgment be sent to the trial Court at once for necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 37. ..Category: Criminal Law | Date: | Hits: 99
Eddystone Broadcast Vs. Government of Bangladesh & Others, 2010, 39 CLC (HCD)
.... condition (GCC) clause-32. The petitioner through its local agent ASBL International Division participated in the tender quoting US $ 258,995.50 equivalent to Taka 3,65,82,410 (approximately) as financial offer. After opening the tender it was found that five bidders participated in the tende......cification treating it as minor deviation. The malafidiry of the Tender evaluation committee is further apparent from their resolution making M/s ELENOS responsive. This bidder which offered only two power module in place of minimum 6 and did not mention VS.W.R. Besides they did not supply certifi......his Case is also Reported in: 64 DLR (HCD) (2012) 7. ......sponsive. 5. Being aggrieved by the illegal issuance of notification of award in favour of M/s Nautel Ltd. the petitioner lodged a complaint to the CPTU (Central Procurement Technical Unit) Review Panel under the provisions of Regulation 53 of Public Procurement Regulations, 2003 with requisite f..Category: Others | Date: | Hits: 127
Ms. Nurunnahar Begum Vs. Sheikh Moqbul Ahmed and others, 2009, 38 CLC (HCD)
....ot deny the share of the applicants in respect of ka, kha and ga schedule but in respect of "Gha" schedule, appellant raised objection as provident fund, gratuity, leave benefit, honorarium are the financial help from the service of the deceased, is only belonged to his wife and no body can/could ......nected Civil Rule No.576 (f/m) of 2004 is made absolute. Send down the lower Court records at once. AKM Abdul Hakim, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 145. ......haklader J AKM Abdul Hakim J Ms. Nurunnahar Begum…………………………Appellant Vs. Sheikh Moqbul Ahmed and others………………………………Respondents Judgment October 21, 2009. Result: The appeal is allowed. Lawyers Involved: Fazlul Karim, Advocate ......nected Civil Rule No.576 (f/m) of 2004 is made absolute. Send down the lower Court records at once. AKM Abdul Hakim, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 145. ..Category: Civil Law | Date: | Hits: 136
Md. Nazrul Islam Mollah alias Nazrul Islam Mollah Vs. State and another, 2009, 38 CLC (HCD)
....scharged. Stay granted earlier by this Court at the time of issuance of the Rule is hereby vacated. Md. Abdus Samad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 103. ......ut out at this stage before framing of the charge by telling that his remedy lies in a civil suit. 12. It is now well settled that the High Court Division of the Supreme Court has the inherent power to pass any necessary order to prevent abuse of process of any Court or otherwise to secur......………………Accused-Petitioner Vs. The State and another……………………Opposite Parties Judgment August 3, 2009. Result: The Rule is discharged. Cases Referred to- Khijir Haider and others Vs. The State, 13 MLR (AD) (2008) 157; Nazrul Islam Vs. The State, 1......scharged. Stay granted earlier by this Court at the time of issuance of the Rule is hereby vacated. Md. Abdus Samad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 103. ..Category: Criminal Law | Date: | Hits: 108
Md. Aktar Hossain and others Vs. Capital Tower (Pvt.) Ltd. and others, 2008, 37 CLC (HCD)
.... and 5 to repay the amounts received under the said agreements to the Respondent No.1 Company; (c) Appoint a new and independent auditor to audit the accounts of the Respondent No.1 Company for the financial years ending on 30.6.2003, 30.6.2004, 30.6.2005 and 30.6.2006 with a view also to detectin......L.J. is thus: “I think that there may well be oppression from the point of view of member-directors where a majority shareholder (that is to say, a shareholder with a preponderance of voting power) proceeds, on the strength of his control, to act contrary to the decisions of, or without the......he same and send him a certified copy of the same. 17. There is no order as to costs. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 265. ......der inform the Respondent No.10, Registrar of the same and send him a certified copy of the same. 17. There is no order as to costs. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 265. ..Category: Company Law | Date: | Hits: 177
Pankaj Kumar Roy Vs. River Research Institute, 2006, 35 CLC (HCD)
....002 as in Annexure-R are declared to have been made without lawful authority and are of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 258. ......authority of the petitioner can not pass such an order dismissing the petitioner from the service. Mr. Chowdhury further submits that the appointing authority in no circumstances can delegate the power of dismissing the petitioner from the service to an officer lower in rank than the Board of ...... Officer [PSO] of the River Research Institute, 37, North Road, Dhanmondi, Dhaka 1205…………………………………Petitioner Vs. The River Research Institute represented by the Director General Harukandi, Faridpur District-Faridpur and others………………………………......002 as in Annexure-R are declared to have been made without lawful authority and are of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 258. ..Category: Employment/Service Law | Date: | Hits: 166
Abdus Salam Vs. Korban Ali and another, 1992, 21 CLC (HCD)
....ent to the Court below immediately and on receipt of the same the lower Court is accordingly directed to inform the parties concerned. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 372. ......he n sent Rule. 3. Syed Badrul Alam, the learned Advocate appearing for the plaintiff‑petitioner, seriously assails the impugned order of the learned Munsif (now Assistant Judge) He submits that power under Order 6 rule 17 of the Code of Civil Procedure is very wide and should be exercised leni......i J Abdus Salam................Appellant Vs. Korban Ali and another..................Respondents Judgment February 19, 1992. Result: The Rule is made absolute. Cases Referred to- MA Jahangir and another Vs. Abdul Makk and others, 41 DLR 389; Nuruddin Ahmed Vs. Zafarullah ......ent to the Court below immediately and on receipt of the same the lower Court is accordingly directed to inform the parties concerned. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 372. ..Category: Civil Law | Date: | Hits: 112
Eastern Bank Limited Vs. Subordinate Judge and another, 1997, 26 CLC (HCD)
.... is created within the meaning of section 2(Kha) of the said Ain. 5. By the impugned order dated 18‑7‑96 Artha Rin Adalat rejected the application holding that plaintiff‑respondent No.2 is a financial institution on the basis of certificate dated 7‑2‑95 issued by the Bangladesh Bank and......nd of no legal effect and Artha Rin Adalat is directed to return the plaint to the plaintiff for presentation before the proper Court. Ed. This case is also Reported in:49 DLR (HCD) (1997) 531. ......………Petitioner Vs. Subordinate Judge and another………………………………Respondents Judgment February 5, 1997. Result: The Rule is made absolute. Cases Referred to- Foley Vs. Hill, (1848) 2HL case 28; Rupali Bank Vs. Haji Ahmed Sowdager, 43 DLR 464=1991 BLD ......nd of no legal effect and Artha Rin Adalat is directed to return the plaint to the plaintiff for presentation before the proper Court. Ed. This case is also Reported in:49 DLR (HCD) (1997) 531. ..Category: Civil Law | Date: | Hits: 119
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