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Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....urt Division (Special Original Jurisdiction) Present: Syed Refaat Ahmed J Md. Ashraful Kamal J Moulana Abdul Hakim (Md.)...............Petitioner Vs. Government of Bangladesh and others..............Respondent Judgment October 3, 2013 Result: T......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 ......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 ......d, ex p Lain, [1967] 2 All ER 770 at 778, [1967] 2QB 864 at 882; Jockey Club, ex-parte Aga Khan, [1993] 1 WLR 909; Rv. Lloyd s of London, ex parte Briggs, [1993] 1 Lloyd's Rep 176; Poplar Housing Association Vs. Donohue, (2001) I EWCA Cir 595 and (2002) QB 48; Jeewan Mohit Vs. The Director of Pu..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. ......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)
....Cases Referred to- Mersy Insurance Company Vs. Hamilton, Fraser and Company [(1987) 12 App Cas 448,419]; Tillmanns and Company Vs. SS Knutsford Co.(1908) 2 KB 358; Dr. Ahmed Husain Vs. Chairman, Bangladesh Telegraph and Telephone Board, Dhaka and others, 50 DLR 115; Ajoy Gandi Vs. B Singh AIR 2......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. ......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)
.... 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 ......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
Bakhrabad Gas System Limited Vs. Al Masud-ar-Noor and others, 2013, 42 CLC (AD)
....ugned provision of minimum educational qualification of Bachelor Degree for the promotion of the petitioners passed in resolution dated 6-6-2005 in the 352n Board Meeting of the Board of Directors of Bangladesh Oil, Gas and Mineral Corporation (Petrobangla) and its adoption in the resolution dated 2......appointed after the coming into effect or force of the same. With the above observations, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 187. .................................Respondents Judgment September 26, 2013. Result: The petitions are dismissed. The accrued/vested rights of its employees can not be taken away Service Rules The appointing authority has every right to amend/alter the service rules to suit......appointed after the coming into effect or force of the same. With the above observations, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 187. ..Category: Employment/Service Law | Date: 26 Sep, 2013 | Hits: 12
....on 19(3) of the VAT Act, 1991. The Rule was issued accordingly.
4. The case of the writ-petitioner was that it is a private company limited by shares and incorporated under the Companies Act, in Bangladesh and was engaged in the manufacture of CI sheets. The writ-petitioner was regist......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
......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
..
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. ......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. ..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)
....late Division (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J AHM Shamsuddin Choudhury J Government of Bangladesh...... Appellant (In all the appeals) Vs. Md. Abdul Maleque Miah and 7 another........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 ......rned Member, Administrative Tribunal, Dhaka in Administrative Tribunal Case No. 203 of 1992. 4. Background of the Administrative Tribunal Case No. 203 of 1992 was that the Bangladesh Public Service (First) Commission through its notification 4 dated 23-6-1972 published in the Official......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 ..Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3
ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)
....Vs. State, 58 DLR 500; Abul Kalam Azad Vs. State, 48 DLR 294; Moslem Ali Mollah alias Moslem Mollah and others Vs. State, 48 DLR 427 and Mansur Ali Vs. State, 39 DLR 184; Khondker Moshtaque Ahmed Vs. Bangladesh through the Secretary, Ministry of Home Affairs, 34 DLR (AD) 222; Habibur Rahman Molla Vs......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. ......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. ..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
.... Jurisdiction)
Present:
M Moazzam Husain J
Quazi Reza-ul Hoque J
M Enayetur Rahim J
Maulana Syed Rezaul Haque Chadpuri and others .................Petitioners
Vs.
Bangladesh Jamaat-e-Islami and others…………………&hellip......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 ......nd others, 49 DLR (AD) 1; BRAC and others Vs. Professor Mozaffor Ahmed and others, 54 DLR (AD) 36; Lord Denning M. R. in Sehmidt Vs. Secretary of Home Affairs, (1969) 1 All E.R. 904; Council of Civil Service Unions Vs. Minister for the Civil Services ('GCHQ'), 3 All. E.R. 935; R Vs. North an......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
....l Original Jurisdiction)
Present:
M Moazzam Husain J
Quazi Reza-ul Hoque J
M Enayetur Rahim J
Maulana Syed Rezaul Haque Chadpuri and others .......Petitioners
Vs.
Bangladesh Jamaat-e-Islami and others…………………&hellip......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"......nd others, 49 DLR (AD) 1; BRAC and others Vs. Professor Mozaffor Ahmed and others, 54 DLR (AD) 36; Lord Denning M. R. in Sehmidt Vs. Secretary of Home Affairs, (1969) 1 All E.R. 904; Council of Civil Service Unions Vs. Minister for the Civil Services ('GCHQ'), 3 All. E.R. 935; R Vs. North an......urt upheld the judgment of the High Court of Kerala declaring "bandh" ordered and enforced by political parties illegal as violative of fundamental rights of citizens. In Union of India Vs. Association for Democratic Reforms, (2002) 5 SCC 294, the question raised was that whether a v..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
....ated in all these reference applications is in the affirmative, in favour of the department and against the assessee-applicant.
18. No order as to costs.
19. The Registrar, Supreme Court of Bangladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984.
S.......t of Bangladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984.
S. H. Md. Nurul Huda Jaigirdar J.- I agree.
Ed.
This Case is also Reported in:
......t of Bangladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984.
S. H. Md. Nurul Huda Jaigirdar J.- I agree.
Ed.
This Case is also Reported in:
......t of Bangladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984.
S. H. Md. Nurul Huda Jaigirdar J.- I agree.
Ed.
This Case is also Reported in:
..
Category: Fiscal/Taxation Law | Date: 31 Jul, 2013 | Hits: 3
Nur Jahan Akhtar Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....ated in all these reference applications is in the affirmative, in favour of the department and against the assessee-applicant. 18. No order as to costs. 19. The Registrar, Supreme Court of Bangladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. S.......ngladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in: ......ngladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in: ......ngladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 31 Jul, 2013 | Hits: 2
Syed Raihan Hasan Ali Chowdhury Vs. Syed Hamde Ali Chow¬dhury and others, 2013, 42 CLC (HCD)
....f real or actual fact. Early means, at or near the beginning of a period……… (17) Cases Referred to- Khandkar Abul Hussain Vs. Government of the People's Republic of Bangladesh, 54 DLR 467; Fuidlay & Sons Ltd., Vs. Nursee Tejsee, 9 1C 460; Syed Masud Ali Vs. Md.......Civil Rule No.905(f) of 2011 is disposed of. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ......Civil Rule No.905(f) of 2011 is disposed of. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ......Civil Rule No.905(f) of 2011 is disposed of. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ..Category: Trust/Waqf Law | Date: 29 Jul, 2013 | Hits: 5
Robi Axiata Ltd Vs. First Labour Court Dhaka and others, 2013, 42 CLC (HCD)
....rit Petitions) Writ Petition Nos. 4720, 4721, 4722, 4723 and 8325 to 8362 of 2012. Judgment Syed Refaat Ahmed J.— At the instance of the Petitioner Robi Axiata Ltd, alias Axiata (Bangladesh) Ltd, forty two individual Rules Nisi were issued calling upon the Respondents to show ca......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 ......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. Lokman Hakim and Others Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)
....w are identical and similar. 3. Upon examining all the thirteen writ petitions it appears that similar facts have been stated in these writ petitions alike that the writ-petitioners are citizen of Bangladesh and carrying on business of import of scrap vessels from abroad for the purpose of transf......o the writ petitioners. In the result, these rules are made absolute. However, there shall be no order as to cost. Mohammad Ullah J. - I agree. This Case is also Reported in: ......o the writ petitioners. In the result, these rules are made absolute. However, there shall be no order as to cost. Mohammad Ullah J. - I agree. This Case is also Reported in: ......o the writ petitioners. In the result, these rules are made absolute. However, there shall be no order as to cost. Mohammad Ullah J. - I agree. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 25 Jul, 2013 | Hits: 121
Younusuzzaman (Badal) Vs. State and another, 2013, 42 CLC (HCD)
....y delivering it to the person on whom it is to be served; or (b) by sending it by registered post with acknowledgement due to that person at his usual or last known place of abode or business in Bangladesh; or (c) by publication in a daily Bangla national newspaper having wide circulation.......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: ...... 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
Chow Wen Chang and others Vs. SF Winsome Fashion Ltd. and others, 2013, 42 CLC (HCD)
....e application and further stating that with regard to the statements made in paragraph No. 18 of the petition it is stated that the petitioner No. 2, who is a foreign national, was neither present in Bangladesh on 29-10-2011, nor had he appointed the petitioner No.1, a foreign national, as his Attor......The respondent No.3 is directed to pay cost of Taka 50,000 to petition No.1 and Taka 50,000 to petitioner No. 2 within 30 days. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 584. ......The respondent No.3 is directed to pay cost of Taka 50,000 to petition No.1 and Taka 50,000 to petitioner No. 2 within 30 days. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 584. ......shares in the respondent No. 1 company since, firstly the respondent Nos. 3 to 5 purported to have been allocated with the shares of the respondent No.1company in violation of law and the Articles of Association of the respondent No.1company and, as such, the purported allocation of shares is non es..Category: Company Law | Date: 24 Jul, 2013 | Hits: 10
....se is also Reported in: 66 DLR (HCD) (2013) 1.
......respondents No.2-4 treating the same as a proper miscellaneous case after hearing both sides forthwith.
Communicate at once.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2013) 1.
......respondents No.2-4 treating the same as a proper miscellaneous case after hearing both sides forthwith.
Communicate at once.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2013) 1.
......respondents No.2-4 treating the same as a proper miscellaneous case after hearing both sides forthwith.
Communicate at once.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2013) 1.
..
Category: Banking Law | Date: 24 Jul, 2013 | Hits: 10
Sarwar Hossain Moni (Md.) Vs. State and another, 2013, 42 CLC (AD)
....31 of 2008, it was alleged that the accused-petitioner issued a cheque in favour of the complainant bearing No.50/Kha(চ) 1204311 dated 30-4-2008 for an amount of Taka 50,00,000 drawn on Bangladesh Commerce Bank Ltd., Bangshal Branch, Dhaka of his Current Account No.000091. The complain......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. ......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
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