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Jahangir Hossain Howlader (Md.) Vs. CMM, Dhaka and others, 2004, 33 CLC (HCD)

....missioner of Customs on receiving the same passed an order on the same date in the body of the said letter directing the Superintendent-I, entry section, not to release the consignment without having prior "no objection certificate" from the Bond Commissionerate. The Commissioner of Customs by a for......no order as to costs. The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 106, 26 BLD (HCD) (2006) 83. ...... and accountability in the matter (Annexure-12). The petitioner replied to the said notice by elaborating in minute details about the incident as evident from (Annexure-K). Thereafter, the Secretary, Ministry of Finance in the Internal Resource Division constituted an inter-ministerial enquiry commi..

Category: Criminal Law | Date: | Hits: 158

Dr. Abdur Rahman and others Vs. Chairman, RAJUK & others, 2005, 34 CLC (HCD)

....ceived and there is no scope to interfere with the impugned order. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 103. ......n, Tejgaon, District-Dhaka CS khatian No. 37 plot No. 99 and CS khatian No. 57. CS plot No. 102, area 1.0925 acres had been purchased by the plaintiffs. Before purchasing the land the plaintiffs took clearance from the defendant’s No. 5 to the effect that the land is not required for their project......ase No. 7 of 1998-99 whereby part of the said purchased land has been acquired by RAJUK. 3. It is further stated in the petition that the petitioners applies to the defendant No. 5 i.e. Secretary, Ministry of Works. Government of Bangladesh, for clearance to build a 2 Star International Hotel and..

Category: Civil Law | Date: | Hits: 99

Government of Bangladesh Vs. Helal Jute Press Ltd. and others, 2009, 38 CLC (AD)

....ntenance of the godowns within 10 months be set aside. There shall be no order as to cost. Ed. This Case is also Reported in: 8 LG (AD) (2011) 70, VIII ADC (2011) 376, 31 BLD (AD) (2011) 86. ......ntenance of the godowns within 10 months be set aside. There shall be no order as to cost. Ed. This Case is also Reported in: 8 LG (AD) (2011) 70, VIII ADC (2011) 376, 31 BLD (AD) (2011) 86. ......urt Appellate Division (Civil) Present: MM Ruhul Amin CJ Shah Abu Nayeem Mominur Rahman J BK Das J Md. Muzammel Hossain J Government of Bangladesh repre­sented by Secretary, Ministry of Jute, Secretariat Building, Dhaka.........................................................

Category: Property Law | Date: | Hits: 128

Md. Bazlur Rashid Vs. Bangladesh, 2008, 37 CLC (AD)

....ecision and there is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 53. ......ecision and there is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 53. ......arim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Bazlur Rashid ………………………............Petitioner Vs. Bangladesh, repre­sented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, Dhaka & others .......

Category: Civil Law | Date: | Hits: 105

Jahangir Alam (Md.) and another Vs. Md. Shamsur Rahman Sarder & others, 2010, 39 CLC (AD)

.... Appeal No. 271 of 2003 is disposed of in the terms of the judgment in C.A. No. 270 of 2003. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 22, 8LG (AD) (2011) 65, 31 BLD (AD) (2011) 52. ...... Appeal No. 271 of 2003 is disposed of in the terms of the judgment in C.A. No. 270 of 2003. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 22, 8LG (AD) (2011) 65, 31 BLD (AD) (2011) 52. ......decision of the civil Court was given in that civil suit (Title Suit No.371 of 1991) which the predecessor-in-interest of the present petitioner (sic) (respondent) was defendant No.1 and the relevant Ministry and the concerned officers were also defendant Nos. 2-4. As the question whether the proper..

Category: Property Law | Date: | Hits: 71

Government of Bangladesh and others Vs. Kamrun Nahar and 5 anothers, 2010, 39 CLC (AD)

....81. From the statements in the writ petitions it is found that the writ petitioners were eligible for regularization to their respective posts as per Rule 4 of Rules 1981 on or before 10th May, 1998, prior to the promulgation of Rules of 2000. The learned Deputy Attorney General does not dispute the......on Rules, 1981. These petitions are disposed of with the above modification and observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 18, VIII ADC (2011) 95, 8 LG (AD) (2011) 21.......ing standards up to degree level. Considering the status of the colleges, the Government decided to convert those colleges into Government Colleges by different Gazette Notifications. Thereafter, the Ministry Education by different Notifications appointed all the writ petitioners on ad-hoc basis, wh..

Category: Employment/Service Law | Date: | Hits: 91

Chairman, Chittagong Water Supply & Sewerage Authority (CWASA) and others Vs. EPI-BFEW Consortium & others, 2010, 39 CLC (AD)

....aluation Committee(TEC) of CWASA as responsive and were invited to attend the tender adjustment meeting (TAM) for the purpose of clarifying, modification, if any and agreement with individual bidders prior to be declared as eligible to participate in the 2nd stage bidding. 3. The Tender Adjusted ......ts. The impugned judgment and order passed by the High Court Division making the Rules absolute are set aside. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 9, VIII ADC (2011) 146. ......nder was opened and only arithmetical errors can be corrected. The CPTU advice was conveniently-misinterpreted and the Chairman TEC decided to recommend DCL-SBA for award of contract to the concerned Ministry. 6. The writ-respondent No.2 examined the tender evaluation report containing the note o..

Category: Others | Date: | Hits: 164

Ziaul Karim Farazi and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)

....smissed the A.T. Case No. 89 of 2000. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 111, 63 DLR (AD) (2011) 119. ......smissed the A.T. Case No. 89 of 2000. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 111, 63 DLR (AD) (2011) 119. ......atin J Md. Abdul Aziz J Md. Muzammel Hossain J Ziaul Karim Farazi and others .....................................Petitioners Vs. Government of Bangladesh represented by the Secretary, Ministry of Finance, (Finance Division) Bangladesh Secretariat, Dhaka and others .....................

Category: Administrative Law | Date: | Hits: 215

Government of Bangladesh Vs. Messers Khalil Steels, 2008, 37 CLC (AD)

....he High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 109. ......he High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 109. ...... (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J The Government of Bangladesh represented by the Secretary, Ministry of Finance, Internal Resources Division, Bangladesh Secretariat, Secretariat Building, Ramn..

Category: Fiscal/Taxation Law | Date: | Hits: 93

Bally Schutrabriken Ag, Switzerland Vs. Hosnara Begum, 1999, 28 CLC (HCD)

.... 1st June, 1971, there was no need to apply for renewal of the trade mark in Bangladesh as it would have expired on 30th June, 1986 and it was not possible for them to apply for renewal in Bangladesh prior to 26-3-1971 due to practical difficulties and abnormal situation and since the mark was regis......ined to interfere with the impugned judgment and order. The Court fees paid are correct. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 52 DLR (2000) 546. ......ined to interfere with the impugned judgment and order. The Court fees paid are correct. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 52 DLR (2000) 546. ..

Category: Intellectual Property Law | Date: | Hits: 210

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

....the 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: ...... as well as all assets of the 2nd party of the agreement and instituted the other suit No. 41 of 1974 for Specific Performance of Contract against the plaintiff. It was their case that the Income Tax clearance certificate was procured on 24.12.1970 which became ineffective as it was not possible for......the 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: 110

Bangladesh Legal Aid and Services Trust (BLAST) and another Vs. Bangladesh, 2010, 39 CLC (HCD)

....tioners has three main contentions: 1. That the death penalty is accepted by the Constitution to be a lawful punishment, but only so far as it relates to punishment provided by the law promulgated prior to the Constitution; 2. That where any law prescribes the death penalty as the only penalty......a copy of this judgment be communicated at once. Sheikh Abdul Awal J. - I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 194; 15 MLR (HCD) (2010) 145; 30 BLD (HCD) (2010) 194. ......diction) Present: Md. Imman Ali J Sheikh Abdul Awal J Bangladesh Legal Aid and Services Trust (BLAST) and another ..........Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of the People's Republic of Bangladesh, Bangladesh Secretariat,..

Category: Criminal Law | Date: | Hits: 128

Foto Fast Color Lab Vs. Bangladesh & others, 2000, 29 CLC (HCD)

....d by limitation instead of considering the grievance of the petitioner and not being served with any show cause notice or not holding any enquiry as contemplated under section 45 of the VAT Act, 1991 prior to re-opening of the alleged suppressed assessment of VAT whereas the petitioner all through h......onsequent right of the parties to proceed in accordance with law. In the result, this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 533.......onsequent right of the parties to proceed in accordance with law. In the result, this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 533...

Category: Fiscal/Taxation Law | Date: | Hits: 139

Mehnaz Sakib Vs. Bangladesh, 1999, 28 CLC (HCD)

.... and NSI and also police (plain cloth) who are making permanent camp in front of the gate of the detenu’s residence which has high protection wall all around the residence. 4. The police without prior information or notice suddenly arrested the detenu on 21-04-99 under section 54 of the Code of......se the detenu Mrs. Jobaida Rashid now detained in Dhaka Central Jail, Dhaka forthwith if she is not wanted in connection with any other case. Ed. This Case is also Reported in: 52 DLR (2000) 526.......rnment of Bangladesh, 30 DLR 423; Government of East Pakistan Vs. Mrs. Rowshan Bijaya Shaukat Ali Khan, 18 DLR (SC) 214; Faisal Mahbub Vs. Bangladesh, 44 DLR 168; Saydur Rahman Khalifa Vs. Secretary, Ministry of Home Affairs and others, 1986 BLD 272. Lawyers Involved: Mahbubur Rahman with Ms. ..

Category: Criminal Law | Date: | Hits: 64

Samah Razor Blades Industries Ltd. Vs. Supermax International Pvt. Ltd and another, 1998, 27 CLC (HCD)

....ficient cause and as such, the entry relating to the registration of the mark was wrongly remaining in the register which may be rectified by removal of the same. Their further case is that, they are prior adopter and user of the mark and because of long use of the mark by the respondent the mark be......6/93 is hereby set aside and the appellant’s mark is restored to its original position. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 51 DLR (1999) 237.......6/93 is hereby set aside and the appellant’s mark is restored to its original position. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 51 DLR (1999) 237...

Category: Intellectual Property Law | Date: | Hits: 319

Sayed Nurul Hossain Vs. Secretary, Ministry of Industries, 1998, 27 CLC (HCD)

....991 after attaining the age of 57 years and, as such, in terms of section 5 of Public Servants (Retirement) Act 1974 (Act XII of 1974) he was not entitled to get any re-employment in BSTI without the prior approval of the President, and so the appointment of the petitioner, without obtaining prior a......yment of the petitioner and accordingly no interference is called for. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 226.......) 226...

Category: Employment/Service Law | Date: | Hits: 117

Amora Holding Inc. Vs. Bangladesh, 1998, 27 CLC (HCD)

....xtraneous material at the time of hearing of the revision. Further, from the contents of Annexure-G, it appears that the system of accepting incomplete manifest submitted by local agent of the vessel prior to arrival of the vessel at the outer anchorage of Chittagong port for the purpose of allottin......llowed. The office is directed to return the above certified copies alter furnishing of the Photostat copies of the same by the petitioner. Ed. This Case is also Reported in: 51 DLR (1999) 211. ......afazzul Islam J Amora Holding Inc. represented by Mariners (Bangladesh) Ltd……..…………………….. Petitioner Vs. Bangladesh, represented by the Secretary (IRD) and Chairman, NBR, Ministry of Finance and others………..Respondents Judgment June 10, 1998. Cases Referred..

Category: Admiralty Law or Maritime Law | Date: | Hits: 198

Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)

.... they should not be directed to evolve and formulate a National Strategy Policy through Parliament ensuring appropriate participating interest for the State in all future Production Sharing Contracts prior to leasing out all the remaining 15 blocks at a time, including block Nos.3, 5, 6, 7 and 8, in......rder as to cost. All interlocutory orders, issued earlier, are hereby vacated. Mohammad Anwarul Haque J.- I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 386. ......d Anwarul Haque J AHM Shamsuddin Choudhury J Shah Abdul Hannan and others ………………………………………………Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Energy and Mineral Resources,Government of Bangladesh, Bangladesh Secretariat, Segunbagi..

Category: Constitutional Law | Date: | Hits: 231

Rowshan Ali (Md.) Vs. State, 2000, 29 CLC (HCD)

....Commissioner of Beta pourashava but he does not remember the Ward Number. He also stated that he did not receive any Master Roll from the accused. He frankly stated that he did not obtain the list of priority for distribution of the rice. He further stated that the Upazila Chairman informed him that......his bail bonds immediately to serve out the remaining portion of sentence imposed upon him. Send down the lower Court records immediately. Ed. This case is also Reported in: 52 DLR (2000) 510.......that while conducting enquiry in connection with DAB/ER/No.232/90 it was found that during the period from 25-6-90 to 4-10-90, 200 metric tonnes of rice was given to the Upazila Chairman, Bera by the Ministry of Relief and Rehabilitation through the Deputy Commissioner, Pabna for free distribution o..

Category: Criminal Law | Date: | Hits: 88

Bibi Zarina and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)

....-91 passed by the 1st Court of Settlement in Case No.719 of 1987 within 3(three) months from the date of receipt of the copy of the judgment. Ed. This Case is also Reported in: 52 DLR (2000) 439.......-91 passed by the 1st Court of Settlement in Case No.719 of 1987 within 3(three) months from the date of receipt of the copy of the judgment. Ed. This Case is also Reported in: 52 DLR (2000) 439.......nt and the said respondent No.3 was the Additional Deputy Commissioner (Revenue) who was not a party before the Court of Settlement and the property in question was declared abandoned property by the Ministry of Works and as such the respondent No.9 had no locus standi to file the said Writ Petition..

Category: Property Law | Date: | Hits: 90