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....appearing for the respondent submits that the Appellate Tribunal as well as the Commissioner of Customs in passing their respective orders considered the documents available on records. There is no illegality in the impugned orders which can be interfered with by this Court sitting in virtually a se......the Commissioner of Customs, Chittagong is set aside.
Communicate the judgment and send down the records.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
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Category: Fiscal/Taxation Law | Date: 24 Apr, 2013 | Hits: 186
Abdul Mukid (Md.) Vs.. Artha Rin Adalat Khulna and another, 2013, 42 CLC (HCD)
.... 1993 passed by Artha Rin Adalat, 2nd Court, Khulna being Order No.1 dated 28-7-1993 (Annexure-D to the Writ Petition) should not be declared to have been passed without lawful authority and is of no legal effect. 2. Shorts facts, relevant for the disposal of the rule are that; Respondent No.2,......d or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 211. ..Category: Corporate Law | Date: 21 Apr, 2013 | Hits: 4
Bangladesh Inland Water Transport Au¬thority (BIWTA) Vs. Bangladesh & others, 2013, 42 CLC (HCD)
.....মুজেপ 0011/06/12/92 dated 7-5-2012 as per Annexure-'D' to this writ petition seeking further declaration that the said Annexure-D is without lawful authority and is of no legal effect and as to why the respondents should not be restrained by an order of injunction from l......ind that the instant writ petition is not maintainable. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 535 ..Category: Constitutional Law | Date: 15 Apr, 2013 | Hits: 3
Iftekharul Karim (Md.) Vs. State, 2013, 42 CLC (HCD)
....thout taking sanction from the concerned District Magistrate as provided in section 40(1) of "Santrash Birodhi Ain, 2009 had investigated the case and, as such, the investigating officer acted illegally in investigating the case as well as submitting the charge-sheet, which vitiated the wh......etropolitan Sessions Judge, Dhaka, and learned Special Judge, 3rd Court, Dhaka. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 211. ..Category: Criminal Law | Date: 4 Apr, 2013 | Hits: 4
ABM Mohiuddin Chowdhury Vs. Anti-Corruption Commission and others, 2013, 42 CLC (HCD)
....les, 2007 read with section 109 of the Penal Code, now pending in the Court of Chief Metropolitan Magistrate, Chittagong should not be declared to have been made without lawful authority and is of no legal effect. 2. Mr. HS Deb Brahman, the learned Advocate appearing on behalf of the petitioner......te of receipt of the copy of thus order. The Court concern is to decide the prayer for bail, if so made, in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 537 ..Category: Anti-Corruption Laws, Constitutional Law | Date: 4 Apr, 2013 | Hits: 4
Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)
....salaries and other service benefits in spite of the decision of the ECNEC to absorb the writ-petitioners in the revenue budget as per Rules and Regulations. The writ-petitioners, thereafter, served a legal notice dated 29th June, 2008 claiming arrear salaries amounting to Taka 1, 07, 08,048. Pursuan......tion of Civil Appeal No.101 of 2010. 8. Mr. Tofailur Rahman, learned Senior Advocate, appearing on behalf of the appellant, submits that the writ-respondents having known about the fate of their status on completion of the project and their service being contractual in nature, continuation of t..Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17
....2011 passed by the learned Judge of the Artha Rin Adalat No.1, Chittagong in Artha Rin Execution Case No. 69 of 2010 should not be declared to have been made without any lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and p......sts.
Let the copy of the judgment and order be sent to all concerned for information and necessary action.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 146
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Category: Civil Law, Procedural Law | Date: 26 Feb, 2013 | Hits: 3
Rear Admiral M. Nurul Islam, NCC, PSC (Retd.) Vs. State, 2013, 42 CLC (HCD)
....nded for change. The petitioners as high-ranking officials of the Navy followed the required procedure in purchasing the said Frigate, in performance of their official duties and no irregularity or illegality has been committed in the procedure rather it has maintained the procurement rules in which......are hereby vacated. Send down the lower court’s record with a copy of the judgment and order at once. Siddiqur Rahman Miah J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 24 Feb, 2013 | Hits: 82
Badsha Mia Vs. State, 2013, 42 CLC (HCD)
....nd continuation of the same will be resulted into an abuse of the process of the Court and that the proceedings started against the petitioners are bad in the eye of law and are not based on any legal footings. So for the ends of justice it is liable to be quashed. 7. He cited the de......e, Faridpur is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 189 ..Category: Criminal Law, Procedural Law | Date: 20 Feb, 2013 | Hits: 4
Rana Kaiser Siddiq Vs. Bangladesh Chemical Industries Corporation and others, 2013, 42 CLC (AD)
....pt the 1st, 2nd and 3rd highest bidders within 10 days of opening of the bids. The earnest money of the 1st, 2nd and 3rd highest bidders were to be retained until a decision was taken. So, there were legal obligations under Clause 2.2 of the tender schedule that after expiry of 30 days a decision ha......acts do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 31,18 MLR (AD) (2013) 161. ..Category: Others | Date: 14 Feb, 2013 | Hits: 10
Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)
....s yet to be fit for cultivation and the same is still a lower shore of the river ArialKha and in near future as the suit property would become fit for cultivation, the plaintiffs filed the suit for illegal gain. 4. The Trial Court, i.e. learned Assistant Judge, Muladi, Barisal in Title Suit No.......gned judgment and decree the plaintiff-respondent-petitioners preferred this revisional application under section 115(1) of the Code of Civil Procedure and obtained this Rule with an interim order of status quo. 7. Mr. Tapan Kumar Chakraborty with Mr. Swapan Kumar Dutta, the learned Advoca..Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8
Abdul Wahab (Md.) Vs. State & another, 2013, 42 CLC (HCD)
.... Officer did not obtain any sanction as required under section 32 of the Anti-Corruption Commission Act, 2004. Another ground placed before us is that calculation of value of the assets was unjust, illegal, and impractical. The learned Advocate further submits that no property of the accused-petitio......h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 382. ..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Feb, 2013 | Hits: 6
AKM Mahtabul Islam Vs. Bangladesh and others, 2013, 42 CLC (HCD)
....the notification dated 2-2-2011 so far as it relates to Serial No. 1 declaring of Sarwar Kamal as Mayor of Cox's Bazar Pourashava should not be declared without lawful authority and is of no legal effect as it alleged to have been in violation of Section 32(1 )(Ja) of Act 52 of 2009 and/or ......s rule is discharged with an exemplary costs of Taka 10,000 (ten thousand) as condition precedent. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 539 ..Category: Constitutional Law, Election Law | Date: 30 Jan, 2013 | Hits: 3
Abdullah-al-Noman Vs. State and another, 2013, 42 CLC (HCD)
.... section 4(2) of the Anti-Corruption Act, 1957, and in that view of the matter the notice issued under section 5(2) of the Anti-Corruption Act, 1957 by the Bureau of Anti-Corruption was not valid and legal notice in the eye of law, and on that score, the impugned proceedings initiated against the ac...... trial of the case in accordance with law. Let a copy of this judgment be transmitted to the concerned court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 156 ..Category: Anti-Corruption Laws, Criminal Law | Date: 24 Jan, 2013 | Hits: 8
Mohidul Islam (Ripon)(Md.) Vs. State and another, 2013, 42 CLC (HCD)
.... to known sources of income and identify his actual sources of income in the charge-sheet. According to his contention, mere statement in the charge-sheet that certain properties have been acquired illegally is not acceptable for the purpose of prosecuting the accused-petitioner. As such, continuati......case in accordance with law. Send a copy of the judgment and order to the concerned Special Judge immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 108. ..Category: Anti-Corruption Laws, Criminal Law | Date: 17 Jan, 2013 | Hits: 3
Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)
....itioner does form part of the main application. 34. By filing this application under section 10(1) (a) of the Criminal Law Amendment Act, 1958 the accused-petitioner has challenged the legality of the order dated 18-10-2012 passed by the learned Special Judge, Special Court No. 3, Dha......Corruption Commission Act, 2004 and section 4(4) and 6(1) of the Criminal Law Amendment Act, 1958. 68. Now comes the second point, as raised by Mr. Moudud Ahmed regarding the status of the Ordinance No. VII and VIII of 2007, incorporating the Money Laundering Protirodh Ain, ..Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11
Paresh Chandra Biswas Vs. Shree Shree Shashan Kalimata Idol and others, 2013, 42 CLC (AD)
....ers of worshipping Vishnu and they are not entitled to offer Shashan Kali Puja not to speak of appointing as Shebait of the deity. After that, the defendant raised another question that there is no legal evidence about mismanagement and/or misappropriation of the deity's property and his further ......ation of law and fact do not call for interference. Accordingly, this Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 339. ..Category: Hindu Law | Date: 17 Jan, 2013 | Hits: 14
Mir Sharafat Ali Vs. Govemment of Bangladesh and others, 2013
....as to why the respondents should not directed to deliver the Machine Readable Passport in favour of the petitioner bearing "Delivery Slip" with Enrolment ID MRP 260100000327956 and is of no legal effect and /or pass such order or further order or orders as to this court may seem fit and pr......hin 2 (two) weeks time from the receipt of the copy this judgment. The office is directed to communicate the order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 201 ..Category: Constitutional Law | Date: 10 Jan, 2013 | Hits: 2
Shafiqul Alam (Md.) Vs. State, 2013, 42 CLC (HCD)
....a criminal proceeding in the true sense of term and, as such, an application for quashing of such proceeding is not entertainbale. 13. Having due regard to the aforesaid facts, circumstances and legal aspect, we are inclined to hold that there is no allegation and material to show prima-facie c......inst another accused in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 83 ..Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4
Habibur Rahman @ Habu and others Vs. State, 2013, 42 CLC (AD)
....াদের জবানবন্দি ও জেরা শুনিয়াছেন। আপনার জবাব কি..............................? This is not at all a correct and legal compliance of formality. The learned Sessions Judge has not at all drawn the attention of th...... of the charges and they be set at liberty if not wanted in connection with any other case. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 108; 18 BLC (AD) (2013) 218. ..Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10
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