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Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....o the petitioner. The refusal was contended to be justified and valid. 6. Mr. Ahmed Sobhan, appearing on behalf of the petitioner, submitted that the respondent No. 2 acted illegally and in excess of this jurisdiction in not according the registration of the document in July, 1965 when th......ll as the appeal are illegal and without jurisdiction in view of the fact that this aspect of the matter was not taken note of in these judgments. He has finally argued that the respondent No. 2 is duty bound to register the document and, as such, the impugned order dated 12.2.70 should be declar..Category: Property Law | Date: | Hits: 73
Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)
....realization of compensation amount received by them. The owners will in their turn get the land freed from the occupation of the unauthorized persons at their own initiative. (b) The excess land under possession of the Bangladesh Management Development Centre, should be earmarked ...... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ..Category: Property Law | Date: | Hits: 64
Sabita Dutta Vs. Manager, Cinema Palace Chittagong and another, 1999, 28 CLC (AD)
....efore the Labour Court. Consequently, the petition is devoid of any substance. It is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 215. ...... 1 in the Cinema Palace, Chittagong since 1973. She worked in the Cinema hail upto 26- 5-80 till the cinema hall was burnt by fire. After reconstruction of the cinema hall she went to join in her duty but she was not allowed to join. Hence, she filed the case before the Labour Court at Chittag..Category: Labour and Industrial Law | Date: | Hits: 94
Commissioner of Customs, Mongla Customs House & ors Vs. SARC Enterprise, 1999, 28 CLC (AD)
....er stands modified accordingly. This petition is disposed of upon condonation of delay in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 165. ......High Court Division while issuing Rule Nisi in Writ Petition No. 576 of 1999 filed by the respondent directing the petitioners to allow the writ-petitioner to clear the imported goods on payment of duty at the rate of 7.5% upon furnishing a bank guarantee for 40% and personal guarantee for 60% of..Category: Business or Commercial Law | Date: | Hits: 155
Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors , 1999, 28 CLC (AD)
....p Kumar Chakraborty to represent the deity as next friend in place of the deceased be allowed. No order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 156. ......n. Should it be held that a shebait, who transferred the property, can only bring a suit for recovery, in most of the cases it will be an indirect approval of the dereliction of the shebait’s duty, for more often than not he will not admit his default and take steps to recover the property,..Category: Family Law | Date: | Hits: 156
Secretary, Ministry of Establishment, GoB & Ors. Vs. Md. Jahangir Hosain & 65 ors, 1999, 28 CLC (AD)
....es are available. All the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 148. ......eneral appearing for the petitioners, submits that the nomination of the writ petitioners for appointment having not created any legal right in their favour and the Government not having any legal duty to appoint the writ petitioners, their alleged right is neither judicially enforceable nor a l..Category: Employment/Service Law | Date: | Hits: 81
Rear Admiral AA Mustafa Vs. Bangladesh, 1999, 28 CLC (AD)
....ision and was also challenged on additional grounds in this Division, which were negatived. It was found by this Division, inter alia, that no case has been made of malafide or coram non judice or excess of jurisdiction. 5. Now the petitioner submits that after the dismissal of his civil......h allegation. 9. For the aforesaid reasons we do no find any ground for review. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 146. ..Category: Employment/Service Law | Date: | Hits: 89
Sujit Kumar Majumdar Vs. Ministry of Local Government and Rural Development, 1999, 28 CLC (AD)
....ribunal committed no illegality in passing the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 145. ...... Latifur Rahman J.- The petitioner, who was a cashier in the Public Health Engineering Office, Dinajpur was dismissed from his service as he remained absent from his duty on the ground of illness without prior permission of the authority. He challenged his order o..Category: Administrative Law | Date: | Hits: 144
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ......- respondents by several gun shot injuries killed deceased Ahad, Chandu, Suruj and Azimuddin. Eye- witnesses were relied upon and believed by the trial Court. In appeal it would have been the prime duty of the learned judges of the High Court Division to consider these witnesses. 37. The..Category: Criminal Law | Date: | Hits: 80
GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, Chittagong Div. & ors, 1999, 28 CLC (AD)
....4 of the Rules. Therefore there is no basis for the submission that there is no law guaranting or securing any right in respondents to claim overtime allowance at double the rate of their wages in excess of 38 ½ hours and 44 ½ unless they work for more than 48 hours a week. &hellip......e 4 of the Rules. For the reasons stated above both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 91. ..Category: Labour and Industrial Law | Date: | Hits: 134
Dr. Ahmed Husain Vs. Bangladesh, 1999, 28 CLC (AD)
....ional. What looks indecent to others may, in fact, be constitutionally permissible. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 75. ......used by the Division Bench. 2. The petitioner, appearing in person, has placed Article 3C which is as follows: “3C. A member shall be entitled to import free of customs duty, sales tax, development surcharge and import permit fee during the whole of his term of offic..Category: Constitutional Law | Date: | Hits: 152
Chairman, National Board of Revenue and others Vs. Beximco Infusions Ltd., 1999, 28 CLC (AD)
....thoughtless manner in which the Government affairs are conducted. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 36. ......oreign collaboration (Dutch and German) imported entire machineries from West Germany which arrived at the Chittagong Port all by 7-2-1991. The company availed of the benefit of payment of customs duty at the rate of 10% ad valorem and of exemption from payment of sales tax and development surch..Category: Business or Commercial Law | Date: | Hits: 112
Abdul Haque (Md) Deputy Commissioner Vs. District Judgeship, 1999, 28 CLC (AD)
.... censured for his objectionable remarks against the judicial officers of Kurigram and warned to be careful is future. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 15. ......s and observed that the local Judicial Officers including the District Judge were in a conspiracy against him as they became inimical towards him for his official acts done in the due discharge of duty and further that they were tarnishing the image of the administration for personal reasons. In..Category: Criminal Law | Date: | Hits: 70
Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)
....ds and is, accordingly, allowed. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 1. ......served in his judgment that With regard to ground No. 2 it appears that the detenu on 16-12-90 made some objectionable utterances touching the Armed Forces, which was corroborated by an officer on duty where the detenu was detained. The order of detention was passed on 11-12-90 and so it was im..Category: Constitutional Law | Date: | Hits: 191
Bangladesh Vs. Shirely Anny Ansari, 2000, 29 CLC (AD)
....gh Court Division in Writ Petition No. 7756 of 1997 is hereby set aside and that of the Court of Settlement restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 180. ......signed the volume or not is the concern of the registering authority and not of the Court of Settlement. It further appears that none has challenged this registration of the deed of gift. The only duty of the Court of Settlement is to look into the claim of the respondent on the basis of this de..Category: Property Law | Date: | Hits: 64
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
....he tariff value of the imported goods. The writ-petitioner-respondent paid enhanced sales tax and customs duty on enhanced tariff value and cleared the goods on 6-6-90. His case is that he paid an excess amount of Taka 6,36,032.00 on an enhanced tariff value although in law the imported goods we....... The Constitution of Bangladesh, 1972, Article 102 (i) When a provision for appeal in a statute is attended with an inviolable and non-relaxable condition of payment of fine or extra-duty in full then it can be said that the petition has no equally efficacious remedy. The petitione..Category: Fiscal/Taxation Law | Date: | Hits: 94
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....ndence for effective and meaningful discharge of its constitutional functions. For the above reasons, I concur with the judgment. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 82. ......ed by the President till today in respect of the appointment of persons in the office of the judicial service or as magistrates exercising judicial function. On the president of the Republic a solemn duty is cast to make Rule regarding the appointments of persons in the judicial service and magistra..Category: Constitutional Law | Date: | Hits: 829
Abdul Khaleque Master and others Vs. State, 2000, 29 CLC (AD)
....oper judgment as the same suffers from no error of law and fact. For the reasons stated above the petition dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 54. ......the main argument of the learned Advocate who appeared before them in the High Court Division. But there has not been an elaborate discussion of the evidence on record. It is needless to say that a duty is cast upon the lower appellate Court to write out a proper judgment on facts while disposing..Category: Criminal Law | Date: | Hits: 61
Pioneer Garments Limited Vs. Md. Abul Kalam Azad and anr, 2000, 29 CLC (AD)
....ecision of the High Court Division we find no merit in this petition. The petition is therefore dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 45. ......r-company who joined the company as such on 3-11-1994 and his case is that though his designation was Production Manager but he was not given any managerial or supervisory responsibilities and his duty was confined to physical and manual kind of works. It is his further case that he was forced t..Category: Labour and Industrial Law | Date: | Hits: 138
Mustafa Kamal and another Vs. Commissioner of Customs and others, 1999, 28 CLC (AD)
....s US$ l60 per metric ton. 3. The appellants challenged the aforesaid direction in the writ petitions on the ground that the SRO was issued under section 25(1) of the Customs Act which contained an excessive delegation of power to the executive authority without giving any guideline. The High Cour......g tariff value. It must follow some guidelines which are germane to the Customs Act and not alien to it and should also pay heed to the recommendations of the Tariff Commission when protective custom duty is involved. In coming to a decision in respect of each item the committee must have in its pos..Category: Business or Commercial Law | Date: | Hits: 165