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Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Cor­poration Ltd., 1982, 11 CLC (AD)

.... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ...... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ...... Vs. M/s. GMG Cor­poration Ltd………………………Respondent Judgment September 16, 1982. Result: The appeal is allowed. Cases Referred To- 21 Cal 241; Secre­tary to the Commission of Salt etc. Madras Vs. Mrs. Orr 38 Mad 646; Board of Revenue Vs. Sorrarazu, AIR 1976 Mad..

Category: Fiscal/Taxation Law | Date: | Hits: 269

Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)

.... R Vs. Devizes Justices ex p Lee; DPP Vs. Head, 1959 AC 83; R Vs. Smith, 1984 Cr.L.R. 630; R Vs. Oxford Crown Court ex p Smith, 1989 2 Admin Law Report; Boddington Vs. British Transport Police; R Vs. Chief Constable of Merseyside ex p Calveley, 1986 Q.B. 424; State of Hariana Vs. Bhajan Lal, AIR 199...... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......ficer (the respondent no 5 in the instant case) can dictate the investigating officer (the respondent no 6 herein) on the progression of investigation process, (2) the Chairman of the Anti Corruption Commission, henceforth, the Commission, by himself had no power whatsoever to take any decision like..

Category: Criminal Law | Date: | Hits: 133

Bangladesh Steel and Engineering Corporation and another Vs. Md. Masood Reza and others, 1977, 6 CLC (AD)

....d generally conduct all their affairs including operation of bank accounts, subject to the general supervision, of the Management Board under Group ‘F’ (11) Tejgaon Industrial Area, Dacca and the Chief Ad­ministrator of the Masood Reza Group of Industries. K. A. Zaman Secretary Minis......any learned brother Mr. Justice Munim that these appeals should be dismissed. Order of the Court. The appeals are dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 169. ......thereunder there was no proceeding under the said article which was to be initiated within three months of the date of the commencement of the Order before the prescribed authority, i. e the Deputy Commissioner or the Sub Divisional Officer within whose Jurisdiction the property was situated and a..

Category: Others | Date: | Hits: 154

Christian Service Society (CSS) Vs. First Labour Court, Chittagong and others, 2008, 37 CLC (HCD)

....some trades and the profits thereon are used for the exclusive purpose of voluntary and social service. 20. In the case of BRAC Vs. Professor Mozaffar Ahmed reported in 54 DLR (AD) 36, the learned Chief Justice (minority view) held: "A Social Welfare Organization has gone for commercial activi......itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ......itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ..

Category: Labour and Industrial Law | Date: | Hits: 201

Abdur Rahman Vs. Md. Abdul Awal and others, 2009, 38 CLC (HCD)

..... 2. The opposite party No. 1 as first party filed a petition of complaint being Miscellaneous Case No. 262 of 1997 under section 145 of the Code of Criminal Procedure on 17-5-7997 in the Court of Chief Metropolitan Magistrate against the petitioner as second party alleging that he was the owner ......in Criminal Revision No. 13 of 2005 affirming those passed by the trial Court is hereby upheld. Send down the lower Courts records. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 80. ......in Criminal Revision No. 13 of 2005 affirming those passed by the trial Court is hereby upheld. Send down the lower Courts records. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 80. ..

Category: Criminal Law | Date: | Hits: 122

Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)

.... the High Court of Australia. The appellants, being dissatisfied with the judgment of the Supreme Court of their State, applied to the Court for leave to appeal to His Majesty in Council. The learned Chief Justice thought that leave ought to be granted but the other Judge differed. In accordance wit......e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112.......e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112...

Category: Criminal Law | Date: | Hits: 76

Bangladesh Sugar and Food Industries Corporation and others Vs. Md. Shamsuddin Sheikh, 2011, 40 CLC (AD)

....s to why the impugned order of ter­mination of the petitioner contained in memo No.ADM/SF/P-1181/758 dated 29.03.2004 issued by the Bangladesh Sugar and Food Industries Corporation and signed by the Chief of Personnel of the said Corporation, should not be declared to be without lawful authority an...... judgment and order dated 20.05.2010 passed by the High Court Division in Writ Petition No.6790 of 2005 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 368....... judgment and order dated 20.05.2010 passed by the High Court Division in Writ Petition No.6790 of 2005 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 368...

Category: Employment/Service Law | Date: | Hits: 180

Government of Bangladesh and others Vs. Md. Salim Reza, 2003, 22 CLC (AD)

....and other benefits to the employees including the respondent. In that view of the matter, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......and other benefits to the employees including the respondent. In that view of the matter, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ...... Dipti Prakash Banerjee Vs. Satyendra Nath Bose National Centre for Basic Sciences, (1999) 3 Supreme Court; 60 Hindustan Paper Corpn. Vs. Purendu Chakrobarty, (1996) 11 SCC 404; Oil & Natural Gas Commission Vs. Dr. Md. S. Iskender Ali, (1980) 3 SCC 428; 1980 SCC (L&S) 446; Unit Trust of Indi..

Category: Employment/Service Law | Date: | Hits: 155

M/S. G. K. Brothers and another Vs. M/S. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)

....he suit land in favour of appellants through court. The office is directed to send down the lower Court’s record at once. Md. Rais Uddin J. - I agree. Ed. This Case is also Reported in: ......he suit land in favour of appellants through court. The office is directed to send down the lower Court’s record at once. Md. Rais Uddin J. - I agree. Ed. This Case is also Reported in: ......he suit land in favour of appellants through court. The office is directed to send down the lower Court’s record at once. Md. Rais Uddin J. - I agree. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 113

Shaheen Mahmood Alam (Md.) Vs. Ziaur Rahman & others, 1997, 26 CLC (HCD)

....on Parishad. No other ground taken in this petition was pressed by Mr. Sircar. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 346. ......on Parishad. No other ground taken in this petition was pressed by Mr. Sircar. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 346. ......on Parishad. No other ground taken in this petition was pressed by Mr. Sircar. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 346. ..

Category: Election Law | Date: | Hits: 153

Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....are of Republic and to uphold the Rule of Law brings this action "pro bono publico" challenging the impugned Warrant of Precedence.  4. In the Table of the impugned Warrant of Precedence, the Chief Justice of Bangladesh being the head of the Judicial organ has been placed at serial No.4. Som......ointments of the Prime Minister, Chief Justice of Bangladesh, Judges of the Supreme Court, Ministers, Attorney-General, Chiefs of Staff of the Defence Services, Comptroller and Auditor-General, Chief Election Commissioner and Election Commissioners, Chairman and Members of the Public Service Commiss......f the Anny, Navy and Air Force and Principal Secretary to the Government have been placed at serial No.12 in the said Table. District Judges have been placed at serial No.24 equating them with Deputy Commissioners who are the mid-level employees of the Republic. The impugned Warrant of Precedence do..

Category: Constitutional Law | Date: | Hits: 270

Abul Basher Chowdhury Vs. Habibur Rahman Mia and others, 1978, 7 CLC (AD)

....on the basis of which the result of the election has been declared was properly made. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 297.......nst the summary dismis­sal of the writ petition by a Bench of the High Court passed in writ jurisdiction wherein the appellant made a prayer for declaring the order No.12 dated 15-7-77 passed by the Election Tribunal (Munsif, 2nd Court), Chandpur in Election Petition No. 5 of 1977 as without lawful......on the basis of which the result of the election has been declared was properly made. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 297...

Category: Election Law | Date: | Hits: 159

American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)

....s to costs. Order of the Court. In accordance with the view of the ma­jority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276.......nt Vs. Dacca Poura Shaba and others……………………Respondent Judgment May 23, 1978. Result: The appeal is allowed. Cases Referred to- Mian Jamal Shah Vs. the Member, Election Commission, Government of Pakistan, Lahore, 1966 18 DLR (SC) 1; PLD 1966 (SC) 1; Not Bell L...... Dacca Poura Shaba and others……………………Respondent Judgment May 23, 1978. Result: The appeal is allowed. Cases Referred to- Mian Jamal Shah Vs. the Member, Election Commission, Government of Pakistan, Lahore, 1966 18 DLR (SC) 1; PLD 1966 (SC) 1; Not Bell Lipuors Lt..

Category: Fiscal/Taxation Law | Date: | Hits: 156

Bangladesh Steamer Agent's Association Vs. Bangladesh & others, 1979, 8 CLC (AD)

....udgment of the High Court Division is set aside and the impugned order is set aside as having been passed without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 272.......udgment of the High Court Division is set aside and the impugned order is set aside as having been passed without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 272.......t exclude its application and requires the administrative authority concerned to base its decision on an objective determination of facts". 16. In the case of Abdur Rahman Vs. Collector and Deputy Commissioner (1964) 16 DLR (SC) 461 at page 469 it was held that "principles of natural justice" are..

Category: Business or Commercial Law | Date: | Hits: 208

Md. Nurul Alam alias Dr. Hazrat Shah Sufi Mohammad Nurul Alam Vs. Saleha Khatton and others, 2011, 40 CLC (AD)

.... prima facie case submitted charge sheet against the accused persons under sections 419, 420, 467, 468, 471, 406, 408, 409, 447 and 448 of the Penal Code. The case was ultimately sent to the court of Chief Metropolitan Magistrate, Dhaka for trial. Before this court accused persons filed an applicati......to Lalbagh Police Station Case No.48(10) dated 30.10.1999 shall be set aside." Preparation of paper book is dis­pensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 265.......to Lalbagh Police Station Case No.48(10) dated 30.10.1999 shall be set aside." Preparation of paper book is dis­pensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 265...

Category: Procedural Law | Date: | Hits: 163

Abeda Chowdhury Vs. State and another, 2009, 38 CLC (HCD)

....e Code of Criminal Procedure was issued upon the opposite parties to show cause as to why the proceedings in Metropolitan Sessions Case No.2394 of 2006 aris­ing out of CR Case No.1995 of 2005 of the Chief Metropolitan Magistrate, Dhaka under section 138 of the Negotiable Instruments Act, 1881 which......Advocate for the petitioner is per­mitted to take back the certified copies of the annexure by replacing the photocopies of the same. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 118. ......Advocate for the petitioner is per­mitted to take back the certified copies of the annexure by replacing the photocopies of the same. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 118. ..

Category: Criminal Law | Date: | Hits: 113

Rowshena Jahan Vs. State and another, 2010, 39 CLC (HCD)

....rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ......rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ......ner Vs. State and another……………………………….Opposite-Parties Judgment September 30, 2010. Result: The Rule is discharged. Cases Referred to- Anti-Corruption Commission Vs. Nargis Begum, 62 DLR (AD) 279; Salam Shahadat Vs. State, 14 BLC 26; Anti-Corruption C..

Category: Criminal Law | Date: | Hits: 100

Syed Abdul Ali Vs. Secretary, Ministry of Cabinet Affairs, Establishment Division & others, 1979, 8 CLC (AD)

....his 55 years of age on 31.1.73. He applied for leave preparatory to retirement in December, 1972 and while he was awaiting for the result of the application, he received a Memo dated 12.1.73 from the Chief Enquiry Officer of the First Screening Board asking him to furnish property statement of the l......the dismissal order has been passed without any lawful authority and is of no legal effect. However, there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 256.......the dismissal order has been passed without any lawful authority and is of no legal effect. However, there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 256...

Category: Employment/Service Law | Date: | Hits: 107

Government of the People's Republic of Bangladesh Vs. Md. Khorshed Ali Talukder, 2012, 41 CLC (AD)

....the departmental proceeding against this peti­tioner afresh by appointing the enquiry officer/Board of Enquiry in accordance with the rules. Ed. This Case is also Reported in: 9 ADC (2012) 407. ......the departmental proceeding against this peti­tioner afresh by appointing the enquiry officer/Board of Enquiry in accordance with the rules. Ed. This Case is also Reported in: 9 ADC (2012) 407. ......rv­ing all the mandatory provisions of law, decided to dismiss the petitioner from service and since the petitioner was a First Class Gazette Officer the authority took opinion of the Public Service Commission also for dismissal of the petitioner and the Public Service Commission also agreed with t..

Category: Administrative Law | Date: | Hits: 263

Md. Hasanul Islam Hanif @ Galcuta Hanif Vs. State, 2011, 40 CLC (HCD)

....s and bullet in his possession. Hence, the F.I.R was lodged against the petitioner under sections 19(A) and 19(f) of the Arms Act. 3. The police produced the petitioner before the Court of learned Chief Metropolitan Magistrate who sent the petitioner to the custody on 10.9.2004. The police took u......ith any other case. Let the lower Court's record with a copy of this Judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 196.......ith any other case. Let the lower Court's record with a copy of this Judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 196...

Category: Criminal Law | Date: | Hits: 92