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Ocean Accessories Limited and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....ature of certiorari would always be justified even though a right of statutory appeal had not been availed of. Cases Referred to- Zahur Ahmed Vs. Commissioner of Customs and others, 51 DLR 206; Bangladesh Bank and others, Vs. Zafor Ahmed Chowdhury and another, 50 DLR (AD) 175; M.A. Hye, Md. Wa......ent: Md. Ashfaqul Islam J SM Emdadul Hoque J Ocean Accessories Limited, Represented by Managing Director, E-19/6, Merul Badda, Gulshan, Dhaka and another……………………Petitioner Vs. The National Board of Revenue, represented by its Chairman, Rajashwa Bhaban, Segunbagicha, D......y submits that he will not press for refund of the amount in question since it has been already paid up as mentioned in the petition. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 441. ......y submits that he will not press for refund of the amount in question since it has been already paid up as mentioned in the petition. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 441. ..Category: Fiscal/Taxation Law | Date: | Hits: 174
Nurul Hoque Vs. Bazal Ahmed and 3 others, 1995, 24 CLC (HCD)
.... law declared by the Appellate Division is binding on all Courts including the High Court Division and the law declared by either Division of the Supreme Court is binding on all subordinate Courts in Bangladesh. So, the learned Additional Sessions Judge labouring under the misconception of law follo......996) 327. ......f the Code and then to proceed in accordance with law. Communicate the order to the Courts below and send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 327. ......f the Code and then to proceed in accordance with law. Communicate the order to the Courts below and send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 327. ..Category: Criminal Law | Date: | Hits: 138
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......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……â......tioner imported the vehicle duty-free for his own use as a MP but without using the vehicle in order to benefit himself and others by breach of trust the petitioner transferred the vehicle to accused Abdul Jabbar Mia in collaboration with other accused by evading government revenue of taka 80,91,720......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...... (2009) 474. ......at once. Ed. This Case is also Reported in: 61 DLR (HCD) (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...... 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. ......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......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......ny order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 561. ......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 CommiÂssioner, 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 CommiÂssioner, Bangladesh & others………………………Respondent Judgment June 28, 1998. Result......98) 636. ......t is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 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...... 61 DLR (HCD) (2009) 223. ...... Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 296; 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)
..... ......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. ......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......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 ......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 DLR (AD) (1991) 209. Lawyers Involved: Subrata Saha - For the Petitioner.&n......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 othÂers, 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...... (2010) 194. ...... AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (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......) (2009) 54. ......een, Ishaque, AH Hussain, AH Hussain Bhuiyan, Selim, Ruhul Amin, Zahid and Kamal killed Shah Alain Babul on taking him to 'Bawania Beel' located by western side of "Bawania Embankment". 25. P.W. 5 Abdul Malek was posted as Metropolitan Magistrate on 27-4-1997. He recorded dying declaration of Sha......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 conÂvict Moniruzzaman and Rupee 180 from the possesÂsion of convict Abbas Ali; on interrogation the conÂvict 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...... (2012) 477. ......ist witnesses, who were declared hostile as they did not support the prosecution story i.e. the alleged recovery of Indian currency from the possession of the present convict appellants. 15. P.W.2 Abdul Kalam Azad in his cross-examination stated to the effect; “আমি থানাই যà......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
Md. Ismail Vs. State, 2012, 41 CLC (HCD)
....ioner from the allegation of the CR case No.306 of 1991 is quashed and the accused is acquitted from the charge levelled against him. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 473. ......reme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Siddiqur Rahman Miah J Md. Habibul Gani J Md. Ismail………………………………Petitioner Vs. State……………………………..Opposite party Judgment June 14, 2012. Re......mpugned order setting aside the acquittal is void ab initio………………………..(19) Case Referred to- Dewan Obaidur Rahman Vs. State, 19 BLD (AD) 128. Lawyers Involved: Abdul Malek, Advocate - For the Petitioner. KM Zahid Sarwar, Deputy Attorney-General - For the S......ioner from the allegation of the CR case No.306 of 1991 is quashed and the accused is acquitted from the charge levelled against him. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 473. ..Category: Procedural Law | Date: | Hits: 94
Manu Mia @ Malu Mia &Others Vs. State, 1989, 18 CLC (HCD)
.... the charge levelled against them. The petitioners on bail in both the Rules shall be discharged from their bail bonds imÂmediately. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 191. ......mmel Hoque J Manu Mia @ Malu Mia &Others............Petitioner (In Criminal Revision No.256 of 1987) Sayedur Rahman........................Petitioner (InCriminal Revision No.257 of 1987) Vs. The State......,.................................Opposite Party Judgment July 27, 1989...... the deed of sale Ext.1. This Rai Charan Barman was alive when the criminal case was filed but during pendency of the case after reÂmand he died. One certificate dated 25.8.89 was givÂen by one Md. Abdul Hamid, a member of ward No.3 of No.4 Mouzak union parishad, Upazila Kaliakair, District Dhaka....... the charge levelled against them. The petitioners on bail in both the Rules shall be discharged from their bail bonds imÂmediately. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 191. ..Category: Procedural Law | Date: | Hits: 111
AKM Azizul Haque Vs. Government of Bangladesh, 1989, 18 CLC (HCD)
.... Division (Dhaka) (Criminal Miscellaneous Jurisdiction) Present: Latifur Rahman J AM Mahmudur RahÂman J AKM Azizul Haque.......................Petitioner Vs. The Govt. of Bangladesh..............Opposite Party Judgment July 10, 1989. Result: This Rule is ma...... Court High Court Division (Dhaka) (Criminal Miscellaneous Jurisdiction) Present: Latifur Rahman J AM Mahmudur RahÂman 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. ...... 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
Syed Ghulam Shahriar Vs. Md. Abdur Mannan and 14 others, 2010, 39 CLC (HCD)
....having no merit is liable to be discharged. In the result the Rule is discharged. However, there shall be no order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 248. ......l here. Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: AFM Abdur Rahman J Syed Ghulam Shahriar……………………Pre-emptee-Appellant-Petitioner. Vs. Md. Abdur Mannan and 14 others………………………Pre-emptors-Respondents-Opposite-Par...... 23. In order to refute the arguments as pressed by the learned Attorney General Mr. Mahbubey Alam in his private capacity on behalf of the pre-emptee appellant petitioner, the learned Advocate Mr. Abdul Mannan appearing on behalf of the opposite party, upon permission by this Court, while taken t......having no merit is liable to be discharged. In the result the Rule is discharged. However, there shall be no order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 248. ..Category: Property Law | Date: | Hits: 88
....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......2009) 18.
......cts of one case would be sufficient to understand the issue (s) at which the parties are at variance and call for decision.
3. In Writ Petition No. 2678 of 2005, wife and sons and daughters of one Abdul Khaleque Khan are the petitioners. Their common case is that 1.54 acres of land of CS plot No....... 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. ......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 ......ers Vs. State, 1999 BLD (AD) 155. Lawyers Involved: Md. Golam Kibria, Deputy Attorney-General with, Md. Helaluddin Mollah, Deputy Attorney-General and Md. Jalaluddin Assistant Attorney-General, Abdul Baset, Assistant Attorney-General-For the Reference. Abdul Malek, with AKM Shafiqul Alam, S......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......3) 655. ......asad Malaho Vs. Digendra Purkayastha and others, AIR 1987 (Gauhati) 80; Emdadul Hoque (Md.) Vs. Md. Ataur Rahman Khan and others, 5 BLC 17; Ranjit Kumar Rakshit Vs. Sudhir Kumar Chowdhury, 38 DLR 39; Abdullah Vs. Abdul Karim, 20 DLR (SC) 205; Adusumilli Gopalakrishnayya Garu Vs. Province of Madras, ...... 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
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