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

....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. ...... Inspection Co. Limited and another are the petitioners respectively in writ petition Nos. 5337, 5354, 5355 and 5924 of 2009. 3. The petitioners in all the petitions are aggrieved by the arbitrary action of the respondents, as elaborated hereunder being without lawful authority and in violation o..

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

Abdus Salam Laskar Vs. Bangladesh and others, 2012, 41 CLC (HCD)

.... result, the Rule is discharged. The order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......ngly recorded as a khash land in the name of Government. The Government-officials took initiative to lease out the suit land and for that purpose fixed 9.8.2001 for holding auction, thus the cause of action for institution of the suit arose. 3. The plaintiff also filed an application under Order ..

Category: Property Law | Date: | Hits: 78

Abdul Khaleque Miah Vs. Sheikh Amin Uddin, 2011, 40 CLC (HCD)

....9 of 1982 is hereby maintained. The order of stay passed at the time of issuance of the Rule is vacated. Send down the lower Courts’ records. Ed. This case is also Reported in:   ......ry short time after evicting his tenant therefrom. In spite of repeated demand by serving several legal notices, defendant No.1 failed to perform the remaining part of the contract, thus the cause of action for filing the present suit arose. 3. Defendant No.1 entered into appearance and contested..

Category: Property Law | Date: | Hits: 99

A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)

.... set aside. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......s detected in godown No.3 as well. He also stated that in an earlier proceeding late Mirza Monwar Hossain had confessed his guilt of misappropriation of twenty-five metric tons of food grains. If any action could have been taken earlier, the present situation would not arise. Lastly he admitted that..

Category: Criminal Law | Date: | Hits: 61

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

..... 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: ...... Petition No.807 of 2002, which was also rejected in limini. 7. The plaintiffs came to know on 1.4.2003 that the defendant officials were trying to settle the property elsewhere, thus the cause of action for filing the present suit arose. 8. The Secretary, Ministry of Housing and Public Works ..

Category: Property Law | Date: | Hits: 78

Biman Bangladesh Airlines Limited and others Vs. Md. Moniruzzaman and others, 2011, 40 CLC (AD)

....service benefit from the date of passing the judgment and order by the High Court Division on 18-3-2010 in writ petition No.4480 of 2009. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 56....... punishment and in passing such order no reason is required to be assigned, (c) An employer is always free to take recourse to a simple order of termination in order to avoid the complex disciplinary action or in other words it is open to the employer not to have recourse to any disciplinary action ..

Category: Employment/Service Law | Date: | Hits: 111

Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)

.... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ......e order in Special Appeal No.2904 of 1954 before the Special Judge, Bakergonj and the High Court Division committed an error in arriving at a finding that since the revenue authority did not take any action as per direction of the Special Judge and accepted rent from the original owners, they have a..

Category: Property Law | Date: | Hits: 67

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. ......o. মবিম/শা-৭/১৩/৯২-২৮৮ dated 27.10.1992. The petitioner joined the service on 05.11.1992 and he was discharging his duties with sincerity and honesty and also to the satisfaction of the concerned authority. Subsequently, in order to reduce the manpower of the project, the..

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

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

....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....... under the National Pay Scale-1997. In 2005, this pay scale was enhanced to TK.6800-13090/=, when the Government introduced the National Pay Scale-2005. The Government being aggrieved by and dissatisfaction with the judgment and order passed in Writ Petition No.1991 of 2003 filed Civil Petition for ..

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

Government of Bangladesh and Others Vs. Himangshu Ranjan Pal, 2011, 40 CLC (AD)

....dgment of the Administrative Appellate Tribunal. In the result, the Civil Petition for Leave to Appeal No.2356 of 2009 is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 64. ......ll those acts and high-handedness of the Head Master requesting the Thana Education Officer to save him from harassment. Although the Assistant Thana Education Officer visited the school no effective action was taken in this regard. 4. On 7.3.1991 the respondent herein suddenly fell ill and appli..

Category: Administrative Law | Date: | Hits: 240

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:......the second group. The informant along with I.G. (Prisons) returned back at 8/9 A.M. to the jail gate then he requested the I.G. (prisons) to make contact with the army officials to know the course of action at that situation. In reply I.G. (prisons) had a talk with Major Rashid who ordered not to mo..

Category: Criminal Law | Date: | Hits: 191

Zaminur Rahman & others Vs. Bangladesh & others, 1978, 7 CLC (AD)

....uraged. In the above premises the appeal is dis­missed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171.......s an alternative method of collec­tion of tax, is in contravention of the Muni­cipal Ordinance and Article 83 of the Con­stitution. The learned counsel’s contention is that tax is a compulsory exaction of money by public authority for a public purpose and the collection tax must go to the publi..

Category: Fiscal/Taxation Law | Date: | Hits: 112

Mullick Brothers Vs. Income Tax Officer and another, 1978, 7 CLC (HCD)

.... premises the appeal is allowed but without any order as to costs. The impugned demand notices are declared to be of no lawful authority. Ed This Case is also Reported in: 31 DLR (AD) (1979) 165........1 issued, a notice being No.1207/101/421 dated 31.1.74 and dem­anded payment of Super Tax which remained outstanding after the assessment by the Proces­sing Committee by 15.2.1974 on pain of penal action Notices No.2511/101/424, 45/1CI/423 and 46/1CI/422 all dated 31.1.1974 under Sec­tion 23(5)(..

Category: Fiscal/Taxation Law | Date: | Hits: 122

Sonali Bank Vs. Mozaffor Hossain, 1997, 26 CLC (HCD)

....t of Subordinate Judge, Barisal is set aside and the ex parte decree dated 30-7-1983 is maintained. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 174. ......ring. In developing argument, the learned Advocate contended that neither the petition under Order 9 rule 13 of the Code of Civil Procedure nor the evidence of the defendant did disclose any cause of action as contemplated under Order 9 rule 13 of the Code and the learned Subordinate Judge committed..

Category: Procedural Law | Date: | Hits: 80

Harunar Rashid (Md.) Vs. Subordinate Judge, (Artha Rin Adalat) Bogra and others, 1997, 26 CLC (HCD)

....92 (Annexure to the petition) is hereby declared to have been passed or made without any lawful authority and to be of no legal affect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 170.......ed by the financial institution and must be accepted by the loanee. Therefore the judgment and decree passed by the Artha Rin Adalat appears to have been passed without any lawful authority. When the action complained of is purely without jurisdiction, submission by way of appeal is inefficacious an..

Category: Civil Law | Date: | Hits: 71

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

....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. ......and by forging the signature of the then Section Head of the Ministry of Establishment. On the said information the Minister of Home Affairs passed an order for proper investigation and to take legal action accordingly. Following that ASP (CID) Abdul Kahar Akond investigated the matter and lodged an..

Category: Criminal Law | Date: | Hits: 71

Abul Kashem Vs. AKM Golam Mostafa and others, 2009, 38 CLC (HCD)

....ated. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed This Case is also Reported in: 62 DLR (HCD) (2010) 44. ......eby affirmed. The order of stay granted earlier by this Court stands vacated. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed This Case is also Reported in: 62 DLR (HCD) (2010) 44. ..

Category: Administrative Law | Date: | Hits: 230

Abdul Mataleb Howlader and others Vs. State, 2003, 32 CLC (HCD)

....d by this Court earlier, stands 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: 56 DLR (2004) 607....... political party. He secondly, submits that the petitioners are not at all safe at Barisal Divisional Headquarter, as they are non‑local and finally, the other case which arose out of same cause of action is pending at Patuakhali and, as such, they may be prejudiced, if the same be tried at Barisa..

Category: Criminal Law | Date: | Hits: 86

Al Baraka Bank Bangladesh Ltd. Vs. Rina Alam and another, 2004, 33 CLC (HCD)

....t at Dhaka and on 14‑7‑97 the plaintiff instituted her Title Suit No. 208 of 1997 before the Fifth Court of Subordinate Judge at Dhaka. After five years, the suit of the plaintiff was instituted. Cause of action for the Suit of the plaintiff arose only when the bank refused to return the deed in...... Mortgage property was leasehold property vide deed of lease dated 28‑10‑66. 22. In cross-examination, he stated that he was working in the defendant bank since 1990, after the questioned transactions. He deposed in Title Suit No. 113 of 2000 of the Fourth Court of Artha Rin Adalat. The suit ..

Category: Civil Law | Date: | Hits: 109

Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)

....erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ...... 3. Pro-forma defendant No.3 contested the suit by filing written statement. His case, in short, is that the plaintiff's suit cannot be maintained in its present form and that there is no cause of action. The plaintiff has brought the suit by resorting to forgery and, as such, the suit is liable ..

Category: Property Law | Date: | Hits: 81