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

....filed this petition for leave to appeal against the judgment and order dated the 23rd of April, 2008 passed by a Division Bench of the High Court Division in Writ Petition No. 3951 of 2005 making the Rule absolute. 3. Respondent No.1 as petitioner (here­inafter referred to as the writ-petit...... to act as per the dictate of law this way or that way and, for no reason and logic, he could just sit over the matter………………………(15) Lawyers Involved: SM Moniruzzaman, Deputy Attorney-General instructed by Sufia Khatun, Advocate..

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

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

....irected against the Judgment and order dated 8-11-2000 passed by a Division Bench of the High Court Division in Writ Petition Nos. 2295, 2508, 2509, 3559, 3804, 4343, 4222 and 4107 of 2000 making the Rules absolute. 2. These appeals have been heard togeth­er and are being disposed of by thi......sp; September 17, 2013 Result: The appeals are allowed. Case Referred to- Saifur Rahman Vs. Bangladesh through the Secretary, Ministry of Agriculture, (1989) 41 DLR 538. Lawyers Involved: Md.Shohrowardi, Deputy Attorney-General, Instructed by Md. Ferozur Rahman, Ad..

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

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

....se of Khondker Moshtaque Ahmed Vs. Bangladesh through the Secretary, Ministry of Home Affairs reported in 34 DLR (AD) 222. 15. Mr. Abdur Rezzaque Khan further sub­mits that the provisions of Rule 19Jha of the Emergency Power Rules of 2007 were not fol­lowed in letter and sprit in the ma...... 58 DLR 500; Abul Kalam Azad Vs. State, 48 DLR 294; Moslem Ali Mollah alias Moslem Mollah Vs. State, 48 DLR 427; Mansur Ali Vs. State, 39 DLR 184; Muhammad Sadiq Javeed Vs. State 21 DLR (WP) 62. Lawyers Involved: Abdur Rezzaque Khan with Fida M Kamal and Md. Tauflq Sajawar, Advocates&mdash..

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)

........Petitioners Vs. Bangladesh Jamaat-e-Islami and others……………………Respondents Judgment August 1, 2013. Result: The Rule is made absolute. Cases Referred to- Kusper Vs. Pontikes, 414 US, at 57, 38L Ed 2nd a......51 DLR AD 1999; Marbury Vs. Madison in 1803 Anwar Hossain Chowdhury  Vs. Bangladesh, BLD 1989, spl. Issue= 41 DLR (AD) 44; M. Shamsul Haque and others Vs. Bangladesh and others, 15 BLC 236. Lawyers Involved: Tania Amir with Sheikh Rqflqul Islam, Advocates—For the Petitioners. ..

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)

........Petitioners Vs. Bangladesh Jamaat-e-Islami and others……………………Respondents Judgment August 1, 2013. Result: The Rule is made absolute. Cases Referred to- Kusper Vs. Pontikes, 414 US, at 57, 38L Ed 2nd a......51 DLR AD 1999; Marbury Vs. Madison in 1803 Anwar Hossain Chowdhury  Vs. Bangladesh, BLD 1989, spl. Issue= 41 DLR (AD) 44; M. Shamsul Haque and others Vs. Bangladesh and others, 15 BLC 236. Lawyers Involved: Tania Amir with Sheikh Rqflqul Islam, Advocates—For the Petitioners. ..

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

Syed Raihan Hasan Ali Chowdhury Vs. Syed Hamde Ali Chow¬dhury and others, 2013, 42 CLC (HCD)

.... Masood R. Sobhan, Advocate — For the Appellant. Md. Nur Hossain, Advocate with Md. Joynul Abedin, Advocate — For the Respondent No. 1. First Appeal No.321 of 2011 with Civil Rule No. 905(f) of 2011. Judgment Sharif Uddin Chaklader J.- This appeal at the instance o......ndkar 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. Asmatullah, 32 DLR (AD) 39. Lawyers Involved: Masood R. Sobhan, Advocate — For the Appellant. Md. Nur Hossain, A..

Category: Trust/Waqf Law | Date: 29 Jul, 2013 | Hits: 5

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

....ellip;...Petitioner Vs. First Labour Court Dhaka and others...................Respondents Judgment    July 28, 2013.    Result: All the Petitions the Rules Nisi are discharged. Cases Referred to- General Manager, Hotel Inter Continental Dac......inlay and Co. Vs. Chairman, 2nd Labour Court , 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—Fo..

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)

....Ali J.- This petition for leave to appeal is directed against the judgment and order dated 20.01.2011 passed by a Division Bench of the High Court Division in Writ Petition No.2942 of 2010 making the Rule absolute with a direction upon the writ respondent No.2 to implement the decision of the Upozil...... Bijoy Halder, President Lohalamari Matshajibi 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-o..

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

Zahir Fakir (Md.) and oth¬ers Vs. Hahma Khatun and others, 2013, 42 CLC (HCD)

....sed by the Additional District Judge, 2 Court, Gazipur the petitioner moved this application before this Hon'ble Court under section 115(1) of the Code of Civil Procedure and obtained the present Rule. 9. Mr. Probir Neogi the learned Advocate appearing for the petitioner and other hand Mr. ......t, Gazipur cannot be sustainable under any provi­sion of law….(12) Case Referred to- Shefali Rani, 50 DLR 349 and Nur Mohammad Vs. Karim Bibi, PLD 1959 (WP) Lahore page 932. Lawyers Involved: Probir Neogi, Advocate—For the Petitioners. Md. Shamsul Haque Bhui..

Category: Property Law | Date: 25 Jul, 2013 | Hits: 6

Md. Lokman Hakim and Others Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)

....ther and now disposed of by this single judgment. 2. At the very outset the learned Advocate Mr. Meah Mohd. Kawsar Alam, drawn the attention of this court to the fact that the constitutionality of Rule 17A of the Income Tax Rules 1984 has already been considered in Writ Petition No.9729 of 2012 i......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Respondent. Judgment July 25, 2013. Result: The rules are made absolute. Cases Referred to- Writ Petition No. 9729 of 2012; Writ Petition No.9729 of 2012. Lawyers Involved Meah Mohd. Kawsar Alam, Advocate-For the writ-petitioners. S. Rashed Jahangi..

Category: Fiscal/Taxation Law | Date: 25 Jul, 2013 | Hits: 121

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

.... Younusuzzaman (Badal).........................Petitioner Vs. The State and another………………..............Opposite parties Judgment July 25, 2013. Result: The Rule is discharged. A company being a juristic person, all its deeds and functions are the......ress, (1994) 80 Company CAs, 750 Ma; Wahidul Islam Chairman and others Vs. The State and others, 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, Seni..

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

Bangladesh Development Bank Limited Vs.Judge, Artha Rin Adalat, Jessore and others, 2013, 42 CLC (HCD)

....ladesh Development Bank Limited...................Petitioner Vs. Judge, Artha Rin Adalat, Jessore and others..............Respondents Judgment July 24, 2013. Result: The Rule is made absolute. Lawyers Involved: Md. Abdun Nur, Advocate—For the Petitioner.......ted...................Petitioner Vs. Judge, Artha Rin Adalat, Jessore and others..............Respondents Judgment July 24, 2013. Result: The Rule is made absolute. Lawyers Involved: Md. Abdun Nur, Advocate—For the Petitioner. Md. Abdul Awal, Advoca..

Category: Banking Law | Date: 24 Jul, 2013 | Hits: 10

Zahidul Islam (Md.) Vs. Md. Kamal Hossain and another, 2013, 42 CLC (AD)

....eal, by leave, has arisen out of the judgment and order dated the 25 day of March, 2009 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No.6908 of 2008 making the Rule absolute. 2. Facts giving rise to this appeal are that the appellant as complainant (herei......tion 138. The moment the period of thirty days expires and the payment of the dishonored check is not made within the said period prematurity shall be cured ………… (11) Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record—For the Appellant.  ..

Category: Others, Procedural Law | Date: 23 Jul, 2013 | Hits: 9

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

.... Vs. Bangladesh, represented by the Secretary, Ministry 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 Developme......transferred from the development project to the revenue set up to enjoy salary, leave, pension and other service benefits from the date of his entry/joining the development project…..(20) Lawyers Involved: AKM Fazlul Hoque, Advocate—For the Petitioners. Kazi Zinat Hoque, ..

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

Ayurvedia Pharmacy (Dhaka) Ltd. Vs. Meher Banu Bibi and others, 2013, 42 CLC (AD)

....ioner preferred the Civil Revision No.3219 of 2006 under section 115(1) of the Code of Civil Procedure, 1908 where the High Court Division also echoed the view of the trial court and discharged the Rule. 4. Thereafter the plaintiff-petitioner has filed this petition for leave to appeal alle......…………......Petitioner Vs. Meher Banu Bibi and others………………………………Respondents Judgment July 7, 2013. Result: The is hereby dismissed Lawyers Involved: Quamrul Islam Siddique, Advocate instructed by Mohd. Nawab Ali Advocate-on-r..

Category: Civil Law | Date: 7 Jul, 2013 | Hits: 13

Afazuddin Fakir (Md.) Vs. MH Rahman and others, 2013, 42 CLC (HCD)

.... J Afazuddin Fakir (Md.)...................Petitioner Vs.  MH Rahman and others..............Opposite Parties Judgment June 17, 2013.    Result: The Rule is made absolute. Cases Referred to- Abul Khair Vs. Pubali Bank Ltd, 53 DLR (AD) 62; ......bsp; Result: The Rule is made absolute. Cases Referred to- Abul Khair Vs. Pubali Bank Ltd, 53 DLR (AD) 62; Abul Masud Khan Vs. Khan Mohammad Abdullah Rahmatullah, 47 DLR 143. Lawyers Involved: Md. Abdul Jabbar, Advocate—For the Petitioner. No one—For th..

Category: Property Law | Date: 17 Jun, 2013 | Hits: 4

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. ......ring any such observation/remark/direction. High Court Division shall not abuse its power while considering an application for anticipatory bail and follow the guidelines given by this Division. Law declared by this Division is binding upon it and the learned Judges are oath bound to fol­lo..

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

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

....a Begum..................Defendant-Respondent-Petitioner Vs. Government of Bangladesh others.........................Opposite-Parties Judgment June 16, 2013. Result: The Rule is disposed of. Lawyers Involved: Md. Mostafa Advocate—For the Petitioner ......efendant-Respondent-Petitioner Vs. Government of Bangladesh others.........................Opposite-Parties Judgment June 16, 2013. Result: The Rule is disposed of. Lawyers Involved: Md. Mostafa Advocate—For the Petitioner Md. Khurshid Alam Khan, Ad..

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

Moulana Development Co. Limited Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)

....he interpretation of section 117A of the Income Tax Ordinance 1984, the assessee-writ-petitioner Moulana Development Co. Limited obtained the following rule from this court on 23.07.2012; “Let a Rule Nisi be issued calling upon the respondents to show cause as to why the impugned letters being ......p;                   Judgment June 12, 2013. Result: The rule having merit, is made absolute. Lawyers Involved: Mosharaf Hossain, Advocate-For the writ-petitioner. S. Rashed Jahangir, Depu..

Category: Fiscal/Taxation Law | Date: 12 Jun, 2013 | Hits: 86

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

....riminal appeal by leave is directed against the judg­ment and order dated 24-4-2006 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No.5214 of 2005 making the Rule absolute.           2. The prosecution c......y Vs. State, 28 DLR (AD) 38; Nizamuddin 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-Recor..

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