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A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)
.... Sanction The provision for sanction is intended to protect officers of the Government from harassment by unnecessary, frivolous or malicious prosecution. No prosecution shall lie against, these public servants without prior sanction...................(65) The Customs Act, 1969 (IV of 1969)......s are allowed. Proceedings are quashed and the judgment of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 113. ..Category: Fiscal/Taxation Law | Date: | Hits: 129
Jahedul Islam @ Jabed Vs. State, 2009, 38 CLC (AD)
....idge was recovered. The learned A.A.G has relied in the decisions reported in 59 DLR (HCD) 4C2, 16 BLD (AD) 268. In the case of S.M Kamal vs. State 6 BLC (HCD) 113 it has been observed that other public seizure list witnesses did not supported the prosecution case in spite 01 that there is n......gment and order and thus there is no merit in the application. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 883. ..Category: Criminal Law | Date: | Hits: 155
Md. Ripon, Proprietor, Ripon & bros Vs. Heze Wanda Playing Cards Co. Ltd. & ors, 2009, 38 CLC (AD)
....940 in the office of the Directorate of Patents, Designs and Trade Marks, Dhaka being Trade Mark No. 99825, 99826, 99827 and 99828 in class 16 all dated 13.6.2006. The plaintiff has given wide publicity of their above trade marks at huge costs through various media of publicity with the res......f the facts and materials on record of the case, we find no substance in this leave petition, which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 819. ..Category: Intellectual Property Law | Date: | Hits: 361
Haji Md. Selim Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
.... duties payable by the importer or exporter for the reason stated in the said Section. Such exemption is given from time to time by the Government considering different aspects of the Customs Act the public interest. Section 30 and 30A of the Customs Act provides that the rate of duty as well as val......stance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 777; 17 MLR (AD) (2012) 249. ..Category: Fiscal/Taxation Law | Date: | Hits: 83
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
....ur constitution? It is the power of the High Court Division under Article 102 of Constitution to issue certain orders, directions, etc, upon a person performing any function with the affairs of the Republic or of a local authority. While the right to move the High Court Division in accordance with A......e appeals are allowed without any order as to costs and the impugned judgment and order making the rules absolute are hereby set aside. Ed. This Case is also Reported in: I ADC (2002) 230. ..Category: Employment/Service Law | Date: | Hits: 118
Category: Civil Law | Date: | Hits: 212
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
....the President and his family members they compelled the Chief of Army, Navy and Air Force to express their allegiance of the killing and accepting Khondker Mostaque Ahmed as the President of the Republic and that thereafter they stayed at Bangabhaban and guarded Khondker Mostaque Ahmed and the R......n then amalgamation was made and that they took ammunition from the kote which was strictly prohibited and that by violating army rule they took the tanks and cannons outside the cantonment during peace period and deployed those at key points just before the incident and that some removed army o..Category: Criminal Law | Date: | Hits: 274
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
....ence shall be final.’’ ...... the question as to the court before which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.’’ ..Category: Criminal Law | Date: | Hits: 229
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....one who may have been injured but as a penalty for the offence and in order to deter the commission of similar offences and, in some cases, for the reform of the offender. Here the matter is one of public law, proceedings against the offenders may be instituted by the State without the consent of......r Dalim delivered speeches for toppling the Government and as per their direction, they took ammunition with them. The testimony of this witness was not challenged by the defence in any manner. ..Category: Criminal Law | Date: | Hits: 228
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
.... which could be taken as corroborative evidence. In support of his contention, the learned Attorney General has cited the cases of S. Partap Singh V. State of Punjab AIR 1964 S.C. 72 and Islamic Republic of Pakistan Vs. Abdul Wali Khan 1976 PLD S.C. 57. 802. The Court may take judicial n...... the needs of changing society in the light of the observations made above. In view of the lack of proper law, I am unable to use the digital evidence produced by the prosecution in this case. ..Category: Criminal Law | Date: | Hits: 291
Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)
....there is a mosque in a part of the land in suit with the approval of the plaintiff and the club is in the land in suit as lisensee of the plaintiff. It was contended by the defendants that there is a public latrine in the land in suit but this fact has been denied by the plaintiff's witnesses and fr......High Court Division we do not find any infirmity of the kind calling for interference. Accordingly the appeals are dismissed with costs. Ed. This Case is also Reported in: VI ADC (2009) 721. ..Category: Tenancy Law | Date: | Hits: 176
Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)
....nder PO No.128 of 1972 to provide credit facilities and other assistance to industrial concerns in Bangladesh. The Opposite Party No.1, Tapashee Shipping Lines Limited, shortly Tapashee, is a public limited company carrying on the business of water transport. The Opposite Party Nos. 2-5 are......y Nos. 7, 8 and 9 (appellants No.2, 3 and 4 in Civil Appeal No. 64 of 1989). There will be no order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 166. ..Category: Business or Commercial Law | Date: | Hits: 311
State and another Vs. Shahidur Rahman alias Shahid and another, 2009, 38 CLC (AD)
....o doubt secrecy is the essence of criminal conspiracy. It is highly improbable story that Shahid Commissioner leaving his palacious building made the conspiracy in a bamboo made hut situated in a public accessible open place in presence of P.W.2 making him a witness. Moreover the existence o......f the High Court Division calls for no interference by this Court. In the result all the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 358. ..Category: Criminal Law | Date: | Hits: 63
Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 2008, 37 CLC (AD)
....company being a non-human is always represented by its directors. 28. A bank is a dealer of other people's money. It has no ownership over the money/wealth kept in deposit by members of the public or in the share capital of the bank contributed by the share-holders/directors of the c...... in fewer and fewer hands and to the growing impoverishment of the masses. Political power has followed in the wake of wealth and at the bidding of the capitalist, the politician has to declare peace and war. The insatiable thirst for wealth on the part of the capitalists, who are the real c..Category: Fiscal/Taxation Law | Date: | Hits: 145
Azizullah (Md) and others Vs. State and others, 2009, 38 CLC (AD)
....session of Holding No.59/1 Purana Paltan to the respondent No.4 is set aside. There will be no order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 142, 16 MLR (AD) (2011) 117.......e claimant of the disputed Holding No.58/1-A Purana Paltan and the respondent No.4 was the claimant of Holding Nos.59 and 59/1, Purana Paltan, and both of them were bent on creating serious breach of peace at any moment and so the said Holding No.58/1-A. Purana Paltan be attached and a receiver be a..Category: Criminal Law | Date: | Hits: 62
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....ed Chief Justice subsequently in deference to the views expressed by the Writ Bench of two learned Judges of the High Court Division that the writ petitions involved constitutional questions of great public importance constituted a Special Bench of three learned Judges for disposal of the aforesaid ......rulers of Islam. Modern representative government is an attempt-by no means perfect-to apply this principle in State affairs.”(The underlings are ours) 219. Let us see how far the holy Prophet (peace be upon him) applied this principle of consultation in his public life. 220. After the defe..Category: Constitutional Law | Date: | Hits: 251
Special Reference No.1 of 2009, 38 CLC (AD)
....y the President for consideration of the Appellate Division of the Supreme Court. The satisfaction whether the question has arisen or is likely to arise and whether it is of such a nature and of such public importance that it is expedient to obtain the opinion of the Appellate Division upon it, is a......e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 289
Shamsu Meah and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....bservation of the High Court Division on the merit, of the case will have no bearing while deciding the dispute by any civil Court. Ed. This Case is also Reported in: VI ADC (2009) 702. ......bservation of the High Court Division on the merit, of the case will have no bearing while deciding the dispute by any civil Court. Ed. This Case is also Reported in: VI ADC (2009) 702. ..Category: Property Law | Date: | Hits: 34
Indrajit Dutta Vs. Baidhya Nath Banarjee and others, 2009, 38 CLC (AD)
....rded tenants in respect of the suit land and the plaintiff No. 4 paid rent as per exhibit-4 series. The High court Division also considered the original power of attorney authenticated by a notary public which was exhibited by the plaintiff appointing Modhusudhan as the attorney. The appellate c......the judgment and decree of the appellate court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 674. ..Category: Property Law | Date: | Hits: 28
Rajdhani Unnayan Kartipakkya (RAJUK) Vs. Jahan Ara Begum and others, 2008, 37 CLC (AD)
....exercise of its jurisdiction under Article 102(2)(a)(i) of the Constitution of Bangladesh traveled beyond the Rule Nisi in granting relief which is neither germane nor have any nexus with impugned public notice published in daily newspapers inviting application for allotment of land to per&...... may be given alternative plot if on compensation was given. In the meantime the acquiring authority shall finalise the L.A. case and till then the petitioners, shall not be disturbed of their peaceful possession in any manner". 11. Leave was granted to consider the submiss..Category: Property Law | Date: | Hits: 41