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Bangladesh Homeopathic Medicine Manufacturers Association Vs. Govt. of BD, 2006, 35 CLC (AD)
....y spirit or liquid or liquor containing more than 5% alcohol as narcotics. Further, item 3 Ka and Kha of the Second Schedule of the Narcotics Control Act have provided for levying Narcotics duty at a higher rate than the rate of customs duty payable at the customs station in case of import of such r......t and the petitioners as the users and manufacturers of Homeopathic drugs and medicines can also carry on their lawful trade and business without being harassed under the Narcotics Control Act. ..Category: Health Law | Date: 3 Apr, 2005 | Hits: 759
Anil Chandra Paul Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
....ified in law to issue notice under section 93 of the Income Tax Ordinance, 1984 to re‑assess the case where the Deputy Commissioner of Taxes had no evidence before him except the direction from the higher authority and whether the learned (Sic) Taxes Appellate Tribunal, Chittagong Bench, Chittagon......raised herein are required to be answered at this moment. With the above observations this reference application is disposed of. Ed. This Case is also Reported in: 57 DLR (2005) 756. ..Category: Fiscal/Taxation Law | Date: 19 Mar, 2005 | Hits: 4
Hazi Md Hossain @ Md Aowlad Hossain and others VS. Obaidul Haque & others, 2005, 34 CLC (AD)
..... 21. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to cost. Ed. ......iding a case- Decision in a particular case made in the background of the facts and circumstances of that case as well as upon placing the circumstances of that particular case in the scale of equity and justice being not without exception, as such, use of or reliance upon the said ..Category: Civil Law | Date: 6 Mar, 2005 | Hits: 308
Government of Bangladesh Vs. Md. Abu Bakar, 2006, 35 CLC (AD)
.... illegality in the impugned judgment and order. There is, therefore, no substance in this appeal. 15. The appeal is dismissed without any order as to cost. Ed. ......sing imposition of major penalty, to which he sent reply pleading innocence. Ultimately the impugned order dated 03.08.1994 was passed illegally imposing upon him penalty of reduction to lower time scale for three years. He then filed review petition against the order which was rejected by the Ho..Category: Administrative Law | Date: 16 Feb, 2005 | Hits: 126
Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)
....ider that there was no enforceable decree of the civil Court in the eye of law at that time as the decree was stayed by the appellate Court, and that the preliminary decree under challenge before the higher Court has not yet been made final regulating possession of the parties and, as such, the juri......pplication for vacating the stay order is disposed of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ..Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4
Md. Muinuddin Zulfiquer Vs. Ministry of Shipping and others, 2004, 33 CLC (AD)
....er on the ground of seniority, that there is hardly any scope for deciding the question whether the qualifications/degrees as the writ-petitioner and the respondent No.5 holding are equal or one is higher to the other, that the concerned authority in the light of the Rule of 1980 as had given pr......de-III, that in the advertisement the qualification and the experience for being eligible to apply as well as for appointment were mentioned against respective grade, that in the said notification scale of pay of the respective grade was also mentioned, that in the light of the advertisement the..Category: Employment/Service Law | Date: 4 Dec, 2004 | Hits: 5
M. A. Mazid and another Vs. The Chairman, Chittagong Port Authority and others, 2006, 35 CLC (AD)
....equires adjudication of factual aspect by evidence" in the impugned judgment is hereby expunged. With above expunction of the redundant observation, this petition is dismissed. Ed. ....... Khondkar Mahbubuddin Ahmed, the learned Counsel appearing for the petitioners submitted that the High Court Division failed to appreciate that section 14 of the Ordinance expressly provides for the scale of charges including charges for the storing and keeping of any goods stored, in any premises ..Category: Fiscal/Taxation Law | Date: 18 Jul, 2004 | Hits: 109
AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
.... 12. The learned Counsel has further submitted with reference to rule 3(e) that the seniority inter se of the future appointee to a service cadre where there is no provision for lateral entry at higher levels shall be in the lowest specified post in that service cadre and that the appellants th......fer of the appointment of the petitioners. However, a practical problem arose because the length of service was a criterion for becoming eligible for appearing for examination for promotion to senior scale posts, etc. and in order to tide over the situation a notional date of joining was fixed. in c..Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128
Agrani Bank, rep. by the Chairman, BoD, & ors. Vs. Khandaker Badrudduza, 2004, 33 CLC (AD)
.... 14. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ...... 14. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ..Category: Administrative Law | Date: 6 Apr, 2004 | Hits: 130
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Mirpur Mazar Co-Operative Market Society Ltd. Vs. Capital Tower (Pvt) Ltd & Ors., 2006, 35 CLC (AD)
.... it as 'institutional' plot so as to confer an undue advantage and unjustly enriching a favoured party, that the lands situate in the locality have been allotted to the others at a price much higher than the price at which land in question has been allotted to the defendant No. 6 and there w......mode of allotment of the plot in question. 12. In view of the discussions made herein over we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ..Category: Property Law | Date: 18 Jan, 2004 | Hits: 86
Securities and Exchange Commission, represented by its Chairman Vs. Runa N Alam, 2004, 33 CLC (AD)
....bsence of any evidence or allegation that a Director or an accused Company was responsible, if in‑charge of the actual business at the relevant time, such Director cannot be prosecuted and that the higher Courts of this Sub‑Continent have held that a person "in‑charge" must mean that the perso......cordingly, set aside. The learned Additional Sessions Judge shall proceed against the accused in accordance with law. The appeal is accordingly allowed. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: 5 Jan, 2004 | Hits: 340
Md. Rahimuddin Mia (Bharasa) Vs. The Registrar of Trade Marks and another, 2003, 32 CLC (HCD)
....class 34 dated 5.5.94 together with its existing features of label, get up and design. There will be no order as to costs. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 233. ......iz Biri" and prepared distinctive get up and label bearing 3 photographs of the bust of his son 'Aziz' along with distinctive colour, design, decorative pictorial features, monogram of 4 scales, half moon rectangular decorative design and multiple prints of name "Aziz Biri", s..Category: Intellectual Property Law | Date: 15 Dec, 2003 | Hits: 18
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
....ked as car park in the master plan but later on the authority in an innovative manner described the leased out land as institutional plot although same is a commercial plot price whereof very much higher and then leased out the same at a very low price to the defendant No. 6 and in the backgroun......previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
....28.8.2001. It is also asserted by them that the petitioner of Writ Petition No.3705 of 2001 has not informed RAJUK about the said writ petition and kept them in the dark so that they may not move the higher court against the order passed in the said writ petition. It is also contended that the ......in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 515. ..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2003, 32 CLC (AD)
....te court for disposal where right of the parties to the proceeding to send back on remand is dependent on the result of a suit filed earlier still remains pending the order of remand by the appellate/higher court made in such a situation cannot be considered unjustified ……… …………..(12) ......of Subordinate Judge, Commercial Court No. 2, Dhaka. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 102. ..Category: Civil Law | Date: 18 May, 2003 | Hits: 202
State Vs. Md. Motiur Rahman & anr., 2004, 33 CLC (AD)
....ecorded under section 164 of the Code of Criminal Procedure. At this stage the case was handed over to Md Aktaruzzarnan Bhuiyan. Assistant Commissioner, Detective Branch. DMP Dhaka by an order of the higher authority. During the investigation the said Assistant Commissioner, Detective Branch arreste......ns 120(b)/302/380/201/212/114/411/34 of the Penal Code, rejecting the prayer for bail now pending in the Court of learned Chief Metropolitan Magistrate, Dhaka, is hereby set aside. Ed. ..Category: Criminal Law | Date: 12 May, 2003 | Hits: 74
Motiur Rahman and others Vs. Chowdhury Md Mahfuzul Islam and ors., 2003, 32 CLC (AD).
....was ultimately promoted to the post of Executive Engineer. He has completed more than 21 years of his service as an Executive Engineer satisfactorily and has become eligible for promotion to the next higher post of Superintending Engineer. But due to interference by the Engineer Pool of the BADC the...... “Mr Amir‑ul Islam, the learned Advocate for the leave petitioners, submits that the Service Regulations of 1990 do not recall a promotion already made or reduce a pay‑scale already granted but it provides for a classification by prescribing a qualitative standard in ..Category: Others | Date: 24 Mar, 2003 | Hits: 87
Syeda Mazeda Khatun Vs. Bangladesh Shilpa Rin Sangstha, 2003, 32 CLC (AD).
....s allowed 3 advance increments in the said scale. She was also sent for Diploma in Library Science which she completed in six months in 1985. Thereafter, on 16‑5‑1985, she applied for the higher scale of Taka 625‑1315 commensurating with her qualifications and responsibilities. The......990. 2. The petitioner's case, in brief, is that she was appointed as Librarian in the Investment Advisory Centre of Bangladesh (IACB) with effect from 24th April l980 at the pay scale of Taka 300-540. Considering the work load and responsibility of the post of Librarian, s..Category: Employment/Service Law | Date: 17 Mar, 2003 | Hits: 84
Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)
....ing the facts and circumstances and evidence of Mr. AM Chowdhury, FCA who under the instruction of Ashraf Ahmed had deposed after examining certain documents that the projection shows significantly higher income than the audited accounts. He assessed the net worth of the company and the val......ourt Division in the company matter, we do not find any reason to grant leave against the said judgment. The petition is therefore, dismissed and the delay is condoned. Ed. ..Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273