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Bangladesh Freedom Fighters' Welfare Trust and others Vs. Joint District Judge and Artha Rin Adalat & another, 2004, 33 CLC (HCD)

....udgment and decree dated 14‑5‑02 is without jurisdiction. The result is that the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 641. ......udgment and decree dated 14‑5‑02 is without jurisdiction. The result is that the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 641. ......ge and Artha Rin Adalat & another...............Respondents Judgment May 22, 2004. Result: The Rule is made absolute. Cases Referred to- Bangladesh represented by the Secretary, Ministry of Public Works and Urban Development Vs. Md Suruzzamal and others, 48 DLR (AD) 1; Gannyson..

Category: Property Law | Date: | Hits: 173

BIVAC International SA and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)

....ules; (d) To ensure compliance with the shipment procedures and container sealing as per rules and order; (e) To issue CRFS and NNRF after undertaking proper inspection (physical and otherwise) prior to shipment of the consignments to be exported as per rules. (f) To help prepare and susta...... its capacity building efforts through imparting training of the officers of Customs on any customs related matter. The subjects of training shall include, inter alia, valuation, classification, post clearance audit, prevention of commercial forgery and fraud risk management, intelligence management......t without any order at to cost. The order of direction given at the time of issuance of the Rule by this Division is hereby recalled. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 284. ..

Category: Fiscal/Taxation Law | Date: | Hits: 152

AKM Waliullah and others Vs. Secretary, Ministry of Housing and Public Works and others, 2011, 40 CLC (HCD)

....ainst the said holding. 4. Plaintiff’s further case is that the suit property was declared abandoned and published as such in the ‘kha’ list of abandoned property on 23.9.1986, although in a prior inquiry it was found that the original allottee Ramjan Ali had sold it to Mukhlesuddin Ahmed, ....... The connected Civil Rule is also discharged and the stay granted therein is vacated. Send down the lower Court’s record. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ......e Court High Court Division (Civil Appellate Jurisdiction) Present: Faruque Ahmed J Md. Ruhul Quddus J AKM Waliullah and others ………………...Appellants Vs. Secretary, Ministry of Housing and Public Works and others…………………Respondents Judgment Decem..

Category: Property Law | Date: | Hits: 78

Govt. of Bangladesh & another Vs. M/S Mashriqul Textiles and others, 1982, 11 CLC (AD)

.... parties agreed upon his appointment in the agreement. In the result, the appeal is dismissed without, however, any order to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ...... parties agreed upon his appointment in the agreement. In the result, the appeal is dismissed without, however, any order to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ......for stay of the pro­ceedings of a suit as laid down in section 34 of the Arbitration Act would not apply to this case. 2. Appellants are the Government of Bangladesh represented by the Secretary, Ministry of Commerce, and they are defendant in the suit, namely Title Suit No. 37 of 1974 of the Co..

Category: Alternative Dispute Resolution | Date: | Hits: 238

Fazler Rahman Talukder Vs. Md. Mohsen Ali Talukder and another, 1982, 11 CLC (AD)

....f collecting rents or bringing it under cultivation by establishing tenants on it, and includes also the successors in interest of persons who have acquired such a right. The pattas in question being prior to the amendment of the Bengal Tenancy Act by Act IV of 1928, the old sub-section (2) of secti......dgment and decree of the High Court Division and those of the lower Appellate Court are set aside and those of the trial Court restored. Ed. This case is also reported in: 35 DLR (AD) (1983) 116.......dgment and decree of the High Court Division and those of the lower Appellate Court are set aside and those of the trial Court restored. Ed. This case is also reported in: 35 DLR (AD) (1983) 116...

Category: Property Law | Date: | Hits: 58

State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)

....he accused who was present in the dock due to fear and that indeed he had recognized the accused in the dock. His fear was evidenced by production of and upon exhibiting three G.D. Entries registered prior to his deposition in Court on the first occasion on 8.4.2001. These GD entries described circu......as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ......as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 94

Faridul Islam alias Faridul Alam and others Vs. State, represented by the DC, Chittagong and another, 2011, 40 CLC (AD)

.... of Criminal Procedure before the High Court Division and obtained Rule and an interim order of stay. 5. In the petition filed under section 561A of the Code, it has been stated that the informant prior to this case filed a petition of complaint against nine accused of PS Case No.19 (4) 2007 corr...... out of the record. Accordingly, we do not find any merit whatsoever in this criminal petition for leave to appeal which is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 44....... out of the record. Accordingly, we do not find any merit whatsoever in this criminal petition for leave to appeal which is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 44...

Category: Criminal Law | Date: | Hits: 85

Government of the People's Republic of Bangladesh Vs. Nasirur Rahman, 2011, 40 CLC (AD)

....on of the direction given by the High Court Division in the impugned judgment and order. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 87, 9 LG (AD) (2012) 50, 17 MLR (AD) (2012) 89. ......on of the direction given by the High Court Division in the impugned judgment and order. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 87, 9 LG (AD) (2012) 50, 17 MLR (AD) (2012) 89. ...... Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Government of the People's Republic of Bangladesh, Represented By the Secretary, Ministry of Women and Children Affairs, Bangladesh Secretariat and Others………Petitioners Vs..

Category: Employment/Service Law | Date: | Hits: 119

Government of Bangladesh and Others Vs. Md. Mosharraf Hossain, 2011, 40 CLC (AD)

....ion ordered that the Bench Officers be given First Class Gazetted status in Writ Petition No. 1196 of 2003, it was incumbent upon the respondents also to give the Bench Readers the same status, since prior to the judgment and order in writ petition No. 1196 of 2003, the two posts were of the same ra......not find any error in the impugned judgment and order calling for interference by this Court. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 67.......nts Judgment October 16, 2011. Result: This petition is dismissed. Cases Referred to- 59 DLR (AD) 54; Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Finance, Implementation Division and others Vs. Md. Shamsul Huq, 59 DLR (AD) 54; Mujibur..

Category: Employment/Service Law | Date: | Hits: 127

State Vs. Dafader Marfoth Ali Shah and another, 2011, 40 CLC (AD)

....ons Judge shall take necessary steps to take the accused-respondents into custody. The appellant is directed to file concise statement by 13th February, 2011. Ed. This Case is also Reported in:......ons Judge shall take necessary steps to take the accused-respondents into custody. The appellant is directed to file concise statement by 13th February, 2011. Ed. This Case is also Reported in:......reply I.G. (prisons) had a talk with Major Rashid who ordered not to move the dead bodies. At around mid-day on the same day the informant along with the I.G.(prisons) had gone to meet the Secretary, Ministry of Home Affairs and apprised him about the incident but he also foiled to give any satisfac..

Category: Criminal Law | Date: | Hits: 191

JMS Glass Industries Ltd. Vs. Customs, Excise and VAT Appellate Tribu­nal and others, 2011, 40 CLC (AD)

....provided in sub-section (2) of section 42 the VAT Act, it being an independent statute. From a reading of clauses 2 (Ka) and 2 (ga) of sub-section (2) section 42 of the VAT Act, it appears to us that prior deposit of certain percentage of the demanded VAT or the penalty as the case may, is a precond...... discharging the Rule. For the reasons stated hereinbefore, we find no merits in the petition and accordingly, the same is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 43. ...... discharging the Rule. For the reasons stated hereinbefore, we find no merits in the petition and accordingly, the same is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 43. ..

Category: Fiscal/Taxation Law | Date: | Hits: 130

Mohor Ranjan Pal and others Vs. State, 1997, 26 CLC (HCD)

.... discharge of their official duty. 17. It would be absurd and preposterous to hold that the above section is designed to give protection to persons from prosecution, for offences committed by them prior to their appointment as public servants. 18. In the case of Ataur Rahman Vs. State reported......time of issuance of the Rules stand vacated. Let a copy of this judgment be sent to the learned Divisional Special Judge, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 163. ......e the Divisional Special Judge, Dhaka. 3. Facts giving rise to these Rules may, in brief, are that Md. Ziauddin Siddiqi an Inspector of the Narcotics Control Department, Dhaka sent a letter to the Ministry of Home Affairs on 12-9-92 alleging that Md. Abdul Majid, another Inspector of the same dep..

Category: Criminal Law | Date: | Hits: 71

Doris Waldman Vs. Bangladesh and others, 1996, 25 CLC (HCD)

....om for executive fiat. It is further contended by the petitioner that the executive authority having issued Annexures-B and C in utter disregard of the principle of natural justice by not issuing any prior show cause notice to the petitioner and also by not giving her an opportunity of being heard, ......and exports business the petitioner decided to open branch liaison office for all of her businesses in Bangladesh. The petitioner’s company submitted all necessary papers and documents and obtained clearance certificates in the name of “Daddy’s Money of Bangladesh” issued by the Ministry of ......sool J Doris Waldman, President of Daddy’s Money of Bangladesh and Managing Director of Daddy’s Money Garments Ltd……………Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of Bangladesh and others………….Respondent Judgment ..

Category: Criminal Law | Date: | Hits: 87

Jamil Akhter Elahi (Md.) Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....etter-off in introducing the concerned car-loan scheme for the senior executives of the bank. The petitioner fails to show otherwise. This scheme was approved by the Board of Directors of the bank on prior authorization by the Government. 18. Mr. Karunamoy Chakma, the learned Deputy Attorney-Gene......ion is misconceived and the Rule is liable to be discharged. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 64.......to 57.95%. 10. Mr. Islam further submits that the above noted calculation as explained in details in the annexed comparative picture of expenditure (Annexure-4) has been thoroughly examined by the Ministry of Finance and only on their approval this scheme was approved by the Board of Directors of..

Category: Others | Date: | Hits: 134

Nasiruddin (Md.) Vs. State, 2009, 38 CLC (HCD)

.... the result, the appeal is allowed with modification. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ...... the result, the appeal is allowed with modification. Send down the Lower Court Records at once. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 49. ......Officer, who has undertaken and continued the investigation from 22-3-05. He has stated, during examination-in-chief, that the duty to investigate into the case being entrusted on him by order of the Ministry of Home, he has undertaken the investigation since 22-3-05 and examined the case docket, in..

Category: Criminal Law | Date: | Hits: 79

Shefali Bala Vs. Khalipur Pukurpara Registered Non-Government Primary School Managing Committee and others, 2009, 38 CLC (HCD)

....was not absent from school and she was illegally dismissed from her service. He also found that the dismissal order was illegal, inasmuch as the Managing Committee of the school without obtaining the prior approval from the Thana Primary Education Committee (shortly TPEC) dismissed the plaintiff whi...... the plaintiff's dismissal shall be treated to be special leave without pay and other benefits. Send down the LC records accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 41....... the plaintiff's dismissal shall be treated to be special leave without pay and other benefits. Send down the LC records accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 41...

Category: Employment/Service Law | Date: | Hits: 118

Chief Engineer, the Local Government and Engineering Department and others Vs. Kazi Mizanur Rahman and others, 2012, 41 CLC (AD)

.... The leave petitions are disposed of with the above observations and modifications of the earlier as well as the impugned judgments. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 91. ...... The leave petitions are disposed of with the above observations and modifications of the earlier as well as the impugned judgments. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 91. ......, Sher-E-Bangla Nagar, Dhaka…………………….....................Petitioner (In Civil Petition No. 1781 & 1784 of 2011) People’s Republic of Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and Co-operatives, Bangladesh Secretariat, Ramna, Dh..

Category: Employment/Service Law | Date: | Hits: 147

Director General, Bangladesh Railway and others Vs. Sher-e-Bangla Market Dokander Bohumukhi Samobaya Samity Ltd., 2012, 41 CLC (AD)

.... appreciation of the facts and circumstances of the case. We do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... appreciation of the facts and circumstances of the case. We do not find any merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......t of the High Court Division and other connected papers on record. 8. From the judgment of the High Court Division it appears that the increase in the price of the land in question imposed by the Ministry concerned was agreed to by the writ petitioner, but at that time the matter could not be co..

Category: Civil Law | Date: | Hits: 70

Dr. Qazi Faruque Ahmed Vs. State, 2004, 33 CLC (HCD)

....the petitioner the trial Court shall have the liberty to deal with the question of bail of the accused‑petitioner in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 600. ......the petitioner the trial Court shall have the liberty to deal with the question of bail of the accused‑petitioner in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 600. ......the petitioner the trial Court shall have the liberty to deal with the question of bail of the accused‑petitioner in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 600. ..

Category: Criminal Law | Date: | Hits: 81

Kazi Liakat Ali and others Vs. Chairman, Civil Aviation Authority and another, 2003, 32 CLC (HCD)

....may consider necessary for the performance of its functions on such terms and conditions as it may determine from time to time." "25. Power to make regulations. ‑ (1) The Authority may, with the prior approval of the Government, make regulations, not in­consistent with the provisions of this O......harged. The order of stay granted by this Court at the time of issuance of the Rule is hereby vacated. We however, make no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 595....... BJMC Vs. Nasir Ahmed Chowdhury and others, 7 BLC (AD) 144; Rabia Bashri, Irena and another Vs. Bangladesh Biman Corporation and another, 52 DLR 308; The North South Property Developments Limited Vs. Ministry of Land, Secretary and another, 52 DLR 7. Mohammed Hafizul Islam Vs. Government of Banglade..

Category: Employment/Service Law | Date: | Hits: 125