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Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)

.... (2006) UKPC 20. Lawyers Involved: Rehan Husain, and Asma Akhter, Advocates—For the Petitioner. Md. Idrisur Rahman, Advocate—For the Respondent No. 10. Mahmudul Islam, Senior Advocate and Rokanuddin Mahmud, Senior Advocate, Amici Curiae Israt Jahan, AAG—For the ......ed of with the directions above. 43. There is no order as to costs. Communicate this judgment and order forth­with. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 83 ...... order dated 12-2-2011 issued by the Respondent No.10, the chairman of the Madrasah's managing committee. The back­drop to the filing of this Application is that the concerned Upazila Nirbahi Officer upon first sus­pending the petitioner formed an inquiry commit­tee leading to a repo..

Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2

Ahmed Lal Mia Vs. State and another, 2013, 42 CLC (AD)

....ove, no interference is called for with the impugned judgment and order. The leave petition is dismissed.  Ed. This Case is also Reported in: 66 DLR (AD) (2014) 204.   ......ove, no interference is called for with the impugned judgment and order. The leave petition is dismissed.  Ed. This Case is also Reported in: 66 DLR (AD) (2014) 204.   ......ove, no interference is called for with the impugned judgment and order. The leave petition is dismissed.  Ed. This Case is also Reported in: 66 DLR (AD) (2014) 204.   ..

Category: Criminal Law | Date: 3 Oct, 2013 | Hits: 5

AA Engineering Limited Vs. University of Khulna, 2013, 42 CLC (AD)

....h and Telephone Board, Dhaka and others, 50 DLR 115; Ajoy Gandi Vs. B Singh AIR 2004 Supreme Court 1391; SB Bhattacharjee Vs. HD Majumdar AIR 2007 SC 2102. Lawyers Involved: Mahmudul Islam, Senior Advocate (Probir Neogi, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Reco......thout deducting therefrom any amount on account of VAT. Khulna University is under the obligation to pay VAT in the instant case. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 19. ......thout deducting therefrom any amount on account of VAT. Khulna University is under the obligation to pay VAT in the instant case. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 19. ..

Category: Fiscal/Taxation Law | Date: 3 Oct, 2013 | Hits: 28

Satsang Bangladesh, D. Pakutia Vs. People’s Republic of Bangladesh and others, 2013, 42 CLC (HCD)

....29-4-2010 passed by the learned Special Judge, Pabna in Miscella­neous Appeal No.2 of 2008 disallowing the appeal and thereby affirmed the judgment and order dated 28-1-2008 passed by the learned Senior Assistant Judge, Pabna Sadar, Pabna in Other Class Suit No.51 of 2007 rejecting the, applicat......evidence within 2(two) months from the date of receipt of this judgment, order. Communicate the judgment and order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 110 ......evidence within 2(two) months from the date of receipt of this judgment, order. Communicate the judgment and order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 110 ..

Category: Civil Law, Procedural Law | Date: 26 Sep, 2013 | Hits: 3

Commissioner of Customs, Excise and VAT Commissioner of Customs, Excise and VAT Vs. Appollo Steel Mills Ltd and others, 2013, 42 CLC (AD)

....no reason and logic, he could just sit over the matter. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 143   ......no reason and logic, he could just sit over the matter. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 143   ...... authority, in short, VAT authority. Upon the closure of the mills and stoppage of production since 12-5-1998, the writ-petitioner on 20-8-1998 made an application to respondent No. 3, the Divisional Officer, Customs, Excise and VAT. 5. Tejgaon Division for refund of the bal­ance of current..

Category: Fiscal/Taxation Law | Date: 24 Sep, 2013 | Hits: 9

State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)

....and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority deci­sions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ......and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority deci­sions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ......ng the informant went to meet the victim on 8-10-1995 at the house of Chand Ali. After that the Mohila Parishad took out a procession on 11-10-1995 and, thereafter, went to the Police Station but the Officer of the Police Station declined to record the First Information Report (FIR). A memorandum wa..

Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7

Government of Bangladesh Vs. Md. Abdul Maleque Miah and 7 anothers, 2013, 42 CLC (AD)

....ent, in consultation with the public service commission amended the BCS Recruit­ment Rules, 1981 and promulgated the Indus­trial Management Service (Abolition, Absorp­tion and Fixation of Seniority), Rules, 1982 and then absorbed 150 officers of the said abolished IMS Cadre in the BCS (A......allowed and the impugned judgment and order is set aside with the obser­vations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167   ......rdingly considering him eligible for promotion, the Government awarded him time scale and placed him in MNS-VI (Taka 1400-2225) vide order dated 20-10-1983. The Government posted him as Thana Nirbahi Officer of Pirojpur vide notification dated 14-7-1983, where he joined on 24-7-1983. Thereafter he w..

Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3

ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)

....eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500.   ......eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500.   ......ss in all on its side. Because of the abscondence of the accused-appellant, the question of examination of any defence witness does not arise at all. 26. However, the informant and Investigating Officer Abdullah-al-Zahid, Deputy Director, Anti-Corruption Commission, has examined himself as P.W...

Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5

Maulana Syed Rezaul Haque Chadpuri and others Vs. Bangladesh Jamaat-e-Islami and others [2nd Part], 2013, 42 DLR (HCD)

....nd self explanatory (annexure-27). BJI did not take any further step thereafter with regard to the said scrutiny report, since the instant Rule is still pending. 341. Ms. Tania Amir, the learned Senior Advocate appearing for the petitioners submitted that this writ petition is in the form of pu......gitimate one, it must be based on clear facts and circumstances leading to a define expectation and not a mere anticipation or a wish or hope and also must be reasonable in the circumstances. v) Judicial review may allow such a legitimate expectation and quash the impugned decision even in the ......hereby declared to have been given without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 14.        ..

Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10

Maulana Syed Rezaul Haque Chadpuri and others Vs. Bangladesh Jamaat-e-Islami and others [1st Part], 2013, 42 DLR (HCD)

....নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮) (..to be continued at CLC ID ( 9365 ) ......ic wrong or injury as opposed to public sentiment, emotion or curiosity is relatable to public interest. Public interest is nowhere defined in our Constitution or General Clauses Act. In Stroud's Judicial Dictionary 'public interest' is defined as follows: "Public Interest"......নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮) (..to be continued at CLC ID ( 9365 ) ..

Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11

Robi Axiata Ltd Vs. First Labour Court Dhaka and others, 2013, 42 CLC (HCD)

....rt , 33 DLR (AD) (1981), 58; James Finlay and Co. Vs. Chairman 2nd Labour Court, 33 DLR (AD) 58; Pubali Bank Vs. Chairman, Labour Court, 44 DLR (AD) 40. Lawyers Involved: Rokanuddin Mahmud, Senior Advocate with Adila Afrose Hasan, Advocate—For the Petitioner (In Writ Petition Nos. 47......Orders of Stay as ini­tially granted are necessarily recalled and vacated. There are no Orders as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 551   ......Orders of Stay as ini­tially granted are necessarily recalled and vacated. There are no Orders as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 551   ..

Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7

Md. Monirul Islam Vs. Bijoy Halder, President Lohalamari Matshajibi Samabaya Samity Ltd. and others, 2013, 42 CLC (AD)

....jibi Samabaya Samity Ltd. and others......................Respondents Judgment July 28, 2013. Result: The Petition is Disposed of. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by Gaisudin Ahmed Advocate-on-Record- For the Petitioner. Dr. Md. Ali......d over possession of the fishery in question and also to refund to the petitioner the proportionate lease money for the unexpired period of the lease. Ed. This Case is also Reported in: ......d over possession of the fishery in question and also to refund to the petitioner the proportionate lease money for the unexpired period of the lease. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: 28 Jul, 2013 | Hits: 169

Younusuzzaman (Badal) Vs. State and another, 2013, 42 CLC (HCD)

.... 28 (2008) BLD (HCD) 354; Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 60 DLR (AD) 195. Lawyers Involved: Md. Lutfor Rahman, Advocate-For the petitioner. A.F.M. Mesbahuddin, Senior Advocate, with Md. Tamizuddin, Advocate-For the opposite party No.2. Criminal Miscellane......yangonj, should not be quashed. 2. Facts, relevant for disposal of the Rule, in brief, are that one Akhil Chardra Basak as complainant filed a petition of complaint in the Court of learned Chief Judicial Magistrate, Narayangonj on 20.10.2008 stating, inter alia, that the complainant entered int...... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: 25 Jul, 2013 | Hits: 140

Sarwar Hossain Moni (Md.) Vs. State and another, 2013, 42 CLC (AD)

.... expiry of thirty days from the date of receipt of the notice issued under clause (b) of the proviso to section 138 was maintainable in law….........(9) Lawyers Involved: Anisul Huq, Senior Advocate instructed by Sufla Khatun, Advocate-on-Record—For the Petitioners, (in both c......iewed in affirming the judgment and order passed by the High Court Division and accordingly, both these petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 283. ......iewed in affirming the judgment and order passed by the High Court Division and accordingly, both these petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 283. ..

Category: Criminal Law | Date: 24 Jul, 2013 | Hits: 8

Shahnaz Parveen and others Vs. Bangladesh, represented by the Secretary, Ministry of Heath and Family Welfare Dhaka and others, 2013, 42 CLC (HCD)

....istry of Heath and Family Welfare Dhaka and others..........................Respondents Judgment July 8, 2013 Result: The Rule is made absolute Rule 6, the Regularisation and Seniority Fixation of Posts from Development Project to Revenue Budget, 2005 Rules clearly entitled ......e benefits to the petitioners counting their service period in the development project. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 157 ...... fix­ing their salary at a higher scale (with time scale) taking into account of their continuity of services in the development project as per Rule 6 of the 2005 Rules. The Deputy Chief Accounts Officer, Ministry of Health and Family Welfare however informed the petitioners' higher authorit..

Category: Administrative Law, Employment/Service Law | Date: 8 Jul, 2013 | Hits: 3

Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)

....(19-22) Case Referred to- Shamsul Haque Vs. State, 6 BLD (AD) 216 = 38 DLR (AD) 75;Jaharlal Das Vs. State of Orissa, AIR 1991 (SC) 1388. Lawyers Involved: Khandker Mahbub Hossain, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Appellants. (I......f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129.   ......f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129.   ..

Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3

Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)

....h the above observations. Let a copy of this judgment be communi­cated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ......t in any way connected with the alleged offence; that he had an affair with the victim and married her on 3rd March, 2012 and that after knowing about the case, he tried to surrender before the Chief Judicial Magistrate but he could not enter into the court premises due to the resistance and threat ......h the above observations. Let a copy of this judgment be communi­cated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ..

Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3

Monowara Begum Vs. Government of Bangladesh others, 2013, 42 CLC (HCD)

....earned sub-ordinate Judge, 2nd Court, Jhalkati in the Title Appeal No.107 of 1995 (heard analogously with TA No.86 of 1995) allowing the same and reversing those dated 29-4-1995 passed by the learned Senior Assistant Judge, Nalchity, in Title Suit No. 105 of 1993 dismissing the suit should not be se......granted earlier by this court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 476.   ......granted earlier by this court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 476.   ..

Category: Civil Law, Property Law | Date: 16 Jun, 2013 | Hits: 2

Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)

....muddin Mahmood Vs. Abdul Hamid Bhuiyan, 60 DLR (AD) 195; Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38 and Habibur Rahman Howlader Vs. State, 53 DLR (AD) 111. Lawyers Involved: MA Samad, Senior Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record—For the Appellant. M......t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58.     ......t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58.     ..

Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10

Grameen Telecom Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)

....o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ......o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ......o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 5 Jun, 2013 | Hits: 86