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Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)

.... 1160413, year of Manufacture-2006, Capacity-4700 CC, and country of Origin Japan by opening a letter of credit dated 21.08.05, hereinafter referred to as the vehicle. After arrival of the vehicle in Bangladesh, the petitioner got it cleared on 06.09.06 by submitting necessary shipping documents and......17 Babar Road, Mohammadpur, Dhaka, Permanent address 1/D, 7/17, Mirpur, Dhaka-1612…………………Petitioner Vs. National Board of Revenue, represented by its Chairman, Segunbagicha, Dhaka and others…………………Respondents Judgment February 14, 2008. Result: The Rule ......hammad Shahidul Islam @ Mufti Shahidul Islam, son of late Shamsul Haq Sarder of 21/17 Babar Road, Mohammadpur, Dhaka, Permanent address 1/D, 7/17, Mirpur, Dhaka-1612…………………Petitioner Vs. National Board of Revenue, represented by its Chairman, Segunbagicha, Dhaka and others……�......wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ..

Category: Fiscal/Taxation Law | Date: | Hits: 246

Kamrul Mia and others Vs. State, 2007, 36 CLC (HCD)

....umber of cases within a short span of time the judge may cause grievous fault resulting in a miscarriage of justice…………………………(17) Case Referred to- Muhibur Rahman Manik Vs. Bangladesh, 55 DLR 636; Abdul Kader Mirza Vs. Bangladesh, 56 DLR 31. Lawyers Involved: Saifudd......e is also Reported in: 61 DLR (HCD) (2009) 474. ...... (2009) 474. ......udge of Druta Bichar Tribunal No. 4, Dhaka in Druta Bichar Tribunal Case No. 27 of 2005 is set aside. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 474. ..

Category: Procedural Law | Date: | Hits: 84

Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)

.... any order as to costs. Cases Referred to Trans Oceanic Steamship Co. Ltd. Vs. Adamjee Insurance Co. Ltd., 46 DLR 23; Gladstone Wyllie Vs. Shahidi Trading Corporation, 10 DLR 307; Albert David (Bangladesh) Ltd. Vs. Brestern Shipping Company Ltd, 1983 BLD 3 =34 DLR 362; Karachi Steam Navigation......ng Corporation, 10 DLR 307; Albert David (Bangladesh) Ltd. Vs. Brestern Shipping Company Ltd, 1983 BLD 3 =34 DLR 362; Karachi Steam Navigation Vs. Ebrahim Gani, PLD 1957 (Karachi) 315; Konsumex Vs. Ananda and Co, AIR 1981 Calcutta 298; Chittagong Steamship Corporation Ltd. Vs. Central Insurance Comp...... Reported in: 61 DLR (HCD) (2009) 463. ......file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ..

Category: Limitation Law | Date: | Hits: 174

Mir Daulat Hossain and another Vs. Secretary, National Sports Council and others, 1998, 27 CLC (HCD)

....otice, if any order is passed, that will be violative of the principle of natural justice and as such the order cannot stand…………………………………………(7) Case Referred to- Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 46 DLR (AD) 1. Lawyers Involved: Mahbubu......��………………..Petitioner (Writ Petition No.614 of 1998) Nuruzzaman……………………………..Petitioner (Writ Petition No.689 of 1998) Vs. Secretary, National Sports Council and others………………………….Respondents (In both to Writ Petitions) Judgment May ......dul Aziz J Mir Daulat Hossain…………………………..Petitioner (Writ Petition No.614 of 1998) Nuruzzaman……………………………..Petitioner (Writ Petition No.689 of 1998) Vs. Secretary, National Sports Council and others………………………….Respondents (In b......ting Nuruzzaman as Treasurer of the Shooting Federation is also set aside and the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 561. ..

Category: Employment/Service Law | Date: | Hits: 100

Abdul Quader Farazi Vs. Chief Election Commissioner, Bangladesh & others, 1998, 27 CLC (HCD)

....Division (Special Original Jurisdiction) Present: Qazi Shafiuddin J Md. Abdul Aziz J Abdul Quader Farazi………………………..Petitioner Vs. Chief Election Commissioner, Bangladesh & others………………………Respondent Judgment June 28, 1998. Result......iding officer or the returning officer did not make any complaint as to the manner of the voting, but from the result, the total votes appeared to have been so received by the petitioner figuring 876 and the number of total valid votes being 870, the obvious conclusion is that rigging took place. In......98) 636. ......s. In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 636. ..

Category: Election Law | Date: | Hits: 591

FR Garments (Pvt.) Ltd. Vs. Artha Rin Adalat, Dhaka, 2008, 37 CLC (HCD)

....cree passed by the Artha Rin Adalat…………………………(10) Case Referred to- Zahirul Islam Vs. National Bank Ltd. 46 DLR (AD) 191; Gazi M Towfic Vs. Agrani Bank, 54 DLR (AD) 6; Bangladesh Agricultural Development Corporation (BADC) Vs. Artha Rin Adalat, 59 DLR (AD) 6. Lawye......Garments (Pvt.) Ltd…………Petitioner Vs. Artha Rin Adalat, Dhaka .......Respondents Judgment April 23, 2008. Result: The Rule is discharged with a cost of Taka 5,000 (five thousand). Application of writ juridiction against the judgment and decree passed by the Artha Rin Ada...... 61 DLR (HCD) (2009) 223. ......cted to proceed with the Execution Case No. 658 of 2005 expeditiously. Communicate the judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 296; 61 DLR (HCD) (2009) 223. ..

Category: Civil Law | Date: | Hits: 170

Paritosh Chandra Nag Vs. Bangladesh represented by Secretary, Ministry of Land, 2008, 37 CLC (HCD)

..... ...... This Case is also Reported in: 61 DLR (HCD) (2009) 214. ......09) 214. ......is discharged without any order as to cost. The order of status quo granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 214. ..

Category: Property Law | Date: | Hits: 107

Md. Shafiqul Islam Vs. Board of Intermediate and Secondary Education, Comilla, 2006, 35 CLC (HCD)

....llow the Government Servants (Discipline and Appeal) Rules, 1985 but in that case such a Statutory Body must follow the same in full and not in part………….(17) Case Referred to- Chairman, Bangladesh Council for scientific and Industrial Research (BCSIR) and another Vs. Abdul Khaleque, 43......ecial Original Jurisdiction) Present: Tariq-ul Hakim J Afzal Hossain Ahmed J Md. Shafiqul Islam, son of late Sekendar Ali, village-Uttar Chartha, Police Station Kotwali, District-Comilla and Section Officer (now dismissed), College Section, Board of Intermediate and Secondary Education,......ha, Police Station Kotwali, District-Comilla and Section Officer (now dismissed), College Section, Board of Intermediate and Secondary Education, Comilla……………………………Petitioner Vs. Board of Intermediate and Secondary Education, Comilla, represented by its Chairman, Laksham ......ure-A to the petition, is declared to have been made without lawful authority and is of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 203. ..

Category: Labour and Industrial Law | Date: | Hits: 2706

Abbas Ali and others Vs. Sharif Hossain Chowdhury and others, 2010, 39 CLC (HCD)

....nts the learned Judge declared the suit land vested in the Government. 18. If it is be true, then it required Government to file a suit for partition. It appears that some of the land was given to Bangladesh Betar. We do not understand why Government did not produce any evidence or adduce any wit......gree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ...... (2010) 194. ......cated photo copies of the same. Send down the lower Court record. Communicate this order at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ..

Category: Property Law | Date: | Hits: 80

Sahabuddin Vs. State, 2008, 37 CLC (HCD)

....nder review and thus he prays for allowing the present appeals and acquitting the appellants. 79. In this regard we may profitably refer Article 111 of the Constitution of the People's Republic of Bangladesh in the following lines: "111. The law declared by the Appellate Division shall be bind......ablishment of charge against accused lies upon prosecution which must prove charge substantially as laid down i.e. to prove to guilt beyond all reasonable doubt on strength of clear, cogent, credible and unimpeachable evidence. Proof of charge must depend upon judicial evaluation of totality of evid......) (2009) 54. ......be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 54. ..

Category: Criminal Law | Date: | Hits: 85

Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)

....rom the possession of convict Moniruzzaman and Rupee 180 from the possession of convict Abbas Ali; on interrogation the convict appellants confessed that they were involved in smuggling between Bangladesh and India and they also disclosed that Anisur, Giasuddin and Rustom Ali were also involve......nce. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ...... (2012) 477. ......e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ..

Category: Criminal Law | Date: | Hits: 84

AKM Azizul Haque Vs. Government of Bangladesh, 1989, 18 CLC (HCD)

.... Division (Dhaka) (Criminal Miscellaneous Jurisdiction) Present: Latifur Rahman J AM Mahmudur Rahman J AKM Azizul Haque.......................Petitioner Vs. The Govt. of Bangladesh..............Opposite Party Judgment July 10, 1989. Result: This Rule is ma......er Vs. The Govt. of Bangladesh..............Opposite Party Judgment July 10, 1989. Result: This Rule is made absolute. The Special Powers Act, 1974 (XIV of 1974); Section 2 (f) and 3 Presence of a specific criminal case against the detenu for detention When there is a ...... Court High Court Division (Dhaka) (Criminal Miscellaneous Jurisdiction) Present: Latifur Rahman J AM Mahmudur Rahman J AKM Azizul Haque.......................Petitioner Vs. The Govt. of Bangladesh..............Opposite Party Judgment July 10, 1989. Result...... to the Secretary, Ministry of Home Affairs, and also to Secretary, Ministry of Law and Justice, Government of Bangladesh for perusal. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 189. ..

Category: Criminal Law | Date: | Hits: 66

Romisa Khanam Vs. Secretary, Ministry of Land, Government of People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)

....risdiction) Present: MA Rashid J Md. Ashfaqul Islam J Romisa Khanam …………………Petitioners Vs. Secretary, Ministry of Land, Government of People's Republic of Bangladesh and others ……………………………Respondents Judgment May 20, 2008. R......h Court Division (Special Original Jurisdiction) Present: MA Rashid J Md. Ashfaqul Islam J Romisa Khanam …………………Petitioners Vs. Secretary, Ministry of Land, Government of People's Republic of Bangladesh and others ……………………………Respo......2009) 18. ...... of respondent No. 2 presented under Rule 31 Of the Tenancy Rules, 1955 are accordingly, restored. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 18. ..

Category: Property Law | Date: | Hits: 120

State Vs. Md. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)

....m alias Franch Alam (5) Jalil Mollah is allowed. The appellants therefore be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 672. ......al Appellate Jurisdiction) Present: Md. Joynul Abedin J Mir Hashmat Ali J State.................................................................Petitioner Vs. Md. Ershad Ali Sikder and others...........................Condemned Prisoner Judgment July 21, 2003. Result: ......igh Court Division (Criminal Appellate Jurisdiction) Present: Md. Joynul Abedin J Mir Hashmat Ali J State.................................................................Petitioner Vs. Md. Ershad Ali Sikder and others...........................Condemned Prisoner Judgment ......m alias Franch Alam (5) Jalil Mollah is allowed. The appellants therefore be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 672. ..

Category: Criminal Law | Date: | Hits: 110

Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)

....vernment of Pakistan Karachi Vs. Nazar Din Khattak & Sons, 21 PLD (Peshawar) 313; Harish Chandra Bajpai Vs. Triloki Singh (S), AIR 1957 SC 444; Secretary, Ministry of Food Division, Government of Bangladesh, Dhaka and others Vs. MF Limited, a Private Company Limited, 44 DLR (AD) 166; Pratap Sing......��…………………Respondents Judgment September 14, 2003. Result: The Election Petition is allowed. Whether submission of the expenses return is substantial compliance of the law and swearing of the affidavit at the end of the return is a mere formality. The swearing of an a......3) 655. ...... be void. Let a copy of this judgment be communicated to the Election Commission to take necessary steps in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 655. ..

Category: Election Law | Date: | Hits: 300

Aminur Rashid Chowdhury Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)

....l Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Aminur Rashid Chowdhury………………………………………….Petitioner Vs. Government of Bangladesh and others...................Respondents Judgment April 26, 2012. Result: The......ah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Aminur Rashid Chowdhury………………………………………….Petitioner Vs. Government of Bangladesh and others...................Respondents Judgment April 26, 2012. Result: The leave is g...... Present: Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Aminur Rashid Chowdhury………………………………………….Petitioner Vs. Government of Bangladesh and others...................Respondents Judgment April 26, 20...... of land". Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, as prayed for, is dispensed with. Ed. This Case is also Reported in:9 ADC (2012) 650. ..

Category: Civil Law | Date: | Hits: 182

Md. Daud Nabi Alias Daud Vs. State, 2009, 38 CLC (HCD)

.... set at liberty at once if not wanted in any other case. Send the lower Court's records along with a copy of this Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 45. ......enal Code, 1860 (Act No. XLV of 1860); sections 320, 324, 326 before conviction for the offence of grievous hurt can be passed, one of the injuries defined in section 320, must be strictly proved, and section 320 eighthly is no exception to the general rule of law that a penal statute must be con......n: 30 BLD (HCD) (2010) 45. ...... set at liberty at once if not wanted in any other case. Send the lower Court's records along with a copy of this Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 45. ..

Category: Criminal Law | Date: | Hits: 91

Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)

....nough to include the allegations like sexual abuse/harassment. But in order to ensure an independent enquiry, it must be conducted by a committee as defined in the guidelines laid down in the case of Bangladesh National Women Lawyers Association (BNWLA) Vs. Government of Bangladesh and Others in Wri...... 6; 61 DLR (HCD) (2009) 744 ......ision (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Prof. Serajul Islam Chowdhury and others………………………………Petitioner Vs. Jahangirnagar University and others……………………………….Respondents Judgm...... Judgment complying with the principles of natural justice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ..

Category: Employment/Service Law | Date: | Hits: 169

Moniruzzaman (Md.) Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)

....9. ......ivil Revisional Jurisdiction) Present: Sheikh Abdul Awal J M Moazzam Husain J Moniruzzaman (Md.)……………………Petitioner Vs. Bangladesh House Building Finance Corporation and others……………………Opposite-Parties Judgment July 12, 2010. Result: The......011) 239. ......ay passed earlier is hereby vacated. There shall, however, be no order as to cost. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 239. ..

Category: Property Law | Date: | Hits: 127

Sk Shayeed-ul-Amin and others Vs. State, 2010, 39 CLC (HCD)

....esult, we find merit in the rule issued earlier. According the rule is made absolute. Send down the Lower Court Record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 237. ......ed in: 16 BLC (HCD) (2011) 237. ......gh Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Rezaul Haque J Md. Moinul Islam Chowdhury J Sk Shayeed-ul-Amin and others………………………Petitioners Vs. State………………………Opposite-Party Judgment August 3, 2010. Result: T......esult, we find merit in the rule issued earlier. According the rule is made absolute. Send down the Lower Court Record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 237. ..

Category: Criminal Law | Date: | Hits: 102

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