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Hanif Shaikh (Md) Vs. Government of Bangla­desh and others, 2004, 33 CLC (HCD)

....me Court High Court Division (Special Original Jurisdiction) Present: SAN Mominur Rahman J Zubayer Rahman Chowdhury J Hanif Shaikh (Md) ........................Petitioner Vs. Government of Bangla­desh and others ..................Respondents Judgment May 26, 2004. ......Printing Presses and Publications (Declaration and Registration) Act, 1973, and that because its news items as published during the general election of 2001 appeared to be against the ideology of the Bangladesh Nationalist Party, the local leaders of the Bangladesh Nationalist Party, which became th...... ......6‑2002 was not satisfactory and making further allegation that the newspaper was not being published regularly. Being aggrieved the writ petitioner moved this Court and obtained the Rule. 3. Mr. Md. Ruhul Quddus, learned Advocate, appearing for the petitioner, submits that the respondent No. 2 ..

Category: Information Technology Law | Date: | Hits: 282

AKM Abdullah Harun Vs. Additional District Judge and others, 2001, 30 CLC (HCD)

....t Judge. Section 8 of the Civil Court Act (Act XII of 1887) provides that "(1) when the business pending before any District Judge requires the aid of Additional Judges for its speedy dispos­al, the Government may, having consulted the High Court Division, appoint such Additional Judges as may be r...... Nurul Amin, Advocate ‑ For Respondent No. 6. Writ Petition No. 1098 of 2001. Judgment Kazi AT Manowaruddin J. - This Rule under Article 102 of the Constitution of the People's Republic of Bangladesh was issued calling upon the respondent Nos. 1‑7 to show cause as to why the impugned or......04) 654. ...... any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 654. ..

Category: Trust/Waqf Law | Date: | Hits: 153

Zahidul Hasan (Md) and others Vs. State, 2004, 33 CLC (HCD)

....habitants of District Sylhet residing at London used to send money by illegal way without sending the foreign currency through bank and, as such, hindrance is created to earn foreign currency for the Government. The car driver stated that in lieu of Taka 250 as rent he went to Upashahar in the house......yed in front of Ram Krishna Mission. At about 14.30 hours when the private car appeared in their front, they stopped the car and in presence of the witnesses named in the FIR the car was searched and Bangladeshi Taka 31,30,000 was recovered under the back bonnet of the car covered by a bag and an ai...... Supreme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: SM Dastagir Hossain J AKM Fazlur Rahman J Zahidul Hasan (Md) and others .............Petitioners Vs. State .............................................. Opposite Party Judgment June 23,................................................ Opposite Party Judgment June 23, 2004. Result: The Rule is made absolute. Lawyers Involved: Sheikh Atiar Rahman with Arobinda Kumar Roy, Md. Wahiduzzaman, Afroza Chowdhury, Advocates ‑ For the Petitioners. Sheikh Abdul Awal, Deputy ..

Category: Criminal Law | Date: | Hits: 70

Chairman, Uttara Manage­ment Ltd. and others Vs. Chairman, Labour Court, Rajshahi and another, 2004, 33 CLC (HCD)

....ing, inter alia, that he joined Aziz Match Factory in 1963 as a Box Filler and was made permanent in the said post in 1965. After liberation of Bangladesh the said establishment was taken over by the Government of Bangladesh as an abandoned industry. The petitioner was promoted to the post of Checke......Orders) Act, 1965 in the Labour Court at Rajshahi asserting, inter alia, that he joined Aziz Match Factory in 1963 as a Box Filler and was made permanent in the said post in 1965. After liberation of Bangladesh the said establishment was taken over by the Government of Bangladesh as an abandoned ind......upreme Court High Court Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Mir Hashmat Ali J Chairman, Uttara Manage­ment Ltd. and others.............Petitioners Vs. Chairman, Labour Court, Rajshahi and another...................Respondents Judgment Aug......ordingly, discharged without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 627. ..

Category: Labour and Industrial Law | Date: | Hits: 188

Wazir Jahan Begum and another Vs. Government of Bangla­desh and others, 2003, 32 CLC (HCD)

.... High Court Division (Special Original Jurisdiction) Present: Md. Abdul Matin J Syed Muhammad Dastagir Husain J Wazir Jahan Begum and another…………………Petitioner Vs. Government of Bangla­desh and others ............Respondents Judgment October 27, 2003. Re......er…………………Petitioner Vs. Government of Bangla­desh and others ............Respondents Judgment October 27, 2003. Result: Rule is made absolute. Case Referred to- Bangladesh House Building Finance Corporation Vs. Jahan Ara Akhtar & others, 49 DLR (AD) 80. ......Court High Court Division (Special Original Jurisdiction) Present: Md. Abdul Matin J Syed Muhammad Dastagir Husain J Wazir Jahan Begum and another…………………Petitioner Vs. Government of Bangla­desh and others ............Respondents Judgment October 27, 2003......ings as above this Rule is made absolute with costs. Ed. This Case is also Reported in: 56 DLR (2004) 621...

Category: Civil Law | Date: | Hits: 81

Asmatunnessa Khatun Vs. Bangladesh, 2004, 33 CLC (HCD)

....vables of the Deputy Commissioner at Dhaka as described in the schedule to the application within a week of receipt of this order positively. Ed. This Case is also Reported in: 56 DLR (2004) 612.......R (2004) 612.......n: 56 DLR (2004) 612.......on within a week of receipt of this order positively. Ed. This Case is also Reported in: 56 DLR (2004) 612...

Category: Procedural Law | Date: | Hits: 54

BIVAC International SA and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)

....said advertisement the petitioner submitted its Expression of Interest for Appointment of PSI Agency to the Member (Customs) National Board of Revenue. Thereafter the petitioners were informed by the Government of Bangladesh by its letter dated 19-6-2008 that it has been short-listed for sending req......respondents have been deducting VAT from the petitioners' invoice at the rate of 15% which is in excess of statutory maximum and in violation of section 3 of the VAT Act 1991. 6. The government of Bangladesh, on 21-5-2008 published an advertisement in the Daily Star inviting "request for Expressi....... ......the Rule by this Division is hereby recalled. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 284. ..

Category: Fiscal/Taxation Law | Date: | Hits: 152

Abdul Motaleb Howlader alias Chan Miah Vs. Judge, Artha Rin Adalat No.1, Pirojpur and others, 2011, 40 CLC (HCD)

.... discharged, however, without any order as to costs. Communicate the judgment to the concerned executing Court at once. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......mitting a second execution case namely Artha Rin Decree Execution Case No.2 of 2004 arising out of Artha Rin Suit No.3 of 1998. 2. The facts leading to this writ petition are that respondent No.3, Bangladesh Krishi Bank, Pirojpur branch as plaintiff instituted Artha Rin Suit No. 3 of 1998 against...... High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Abdul Motaleb Howlader alias Chan Miah………….................Petitioner Vs. Judge, Artha Rin Adalat No.1, Pirojpur and others…………..... Respondents Judgment ......t at once. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 107

Abdus Salam Laskar Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....t the suit land in his share by an amicable settlement between the said heirs of late Taiyb Laskar. During S. A. and R. S. operation, the suit land was wrongly recorded as a khash land in the name of Government. The Government-officials took initiative to lease out the suit land and for that purpose......lso Reported in: ......se is also Reported in: ......ssuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 78

AKM Waliullah and others Vs. Secretary, Ministry of Housing and Public Works and others, 2011, 40 CLC (HCD)

....passed by the Joint District Judge, Second Court, Dhaka rejecting the plaint in Title Suit No.89 of 2003. The suit was instituted for declaration of title and perpetual injunction for restraining the Government-officials from disturbing the plaintiffs’ peaceful possession on the suit property and ......7; Sm. Krishnamoni Vs. Baser Mondal and others, 1963 AIR Calcutta 225; The Province of East Pakistan and others Vs. Sirajul Huq Patwari and another; PLD 1966 Supreme Court 854; People’s Republic of Bangladesh, represented by the Secretary, Ministry of Public Works Vs. Chairman, Court of Settlement......orted in: ......er Court’s record. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 78

Govt. of Bangladesh & another Vs. M/S Mashriqul Textiles and others, 1982, 11 CLC (AD)

....ision the learned Single Judge held that the provision for stay of the pro­ceedings of a suit as laid down in section 34 of the Arbitration Act would not apply to this case. 2. Appellants are the Government of Bangladesh represented by the Secretary, Ministry of Commerce, and they are defendant ......e Court Appellate Division (Civil Appellate Jurisdiction) Present: FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Govt. of Bangladesh & another.............. Appellants Vs. M/S Mashriqul Textiles and others.............risdiction) Present: FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Govt. of Bangladesh & another.............. Appellants Vs. M/S Mashriqul Textiles and others.............. Respondents Judgment December 8, 1982. ...... parties agreed upon his appointment in the agreement. In the result, the appeal is dismissed without, however, any order to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ..

Category: Alternative Dispute Resolution | Date: | Hits: 238

State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)

....as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ......aisal Alam Ansari (appellant) and Humayun Kabir (deceased) were both settled in the USA and were two of three partners in a petrol pump, which they owned in the city of Los Angeles. They both came to Bangladesh on 13.11.1999 and were due to return together on 23.11.1999. On 21.11.1999 the victim Hum......at once. Ed. This Case is also Reported in: ......Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 94

Samerendra Samajpati and others Vs. Government of the People’s Republic of Bangladesh, 2012, 41 CLC (AD)

....ah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Samerendra Samajpati and others…………………………………………………………Petitioners Vs. Government of the People’s Republic of Bangladesh and others………….Respondents Judgment ......d Imman Ali J Md. Shamsul Huda J Samerendra Samajpati and others…………………………………………………………Petitioners Vs. Government of the People’s Republic of Bangladesh and others………….Respondents Judgment March 5, 2012. Result: The petiti......hhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Samerendra Samajpati and others…………………………………………………………Petitioners Vs. Government of the People’s Republic of Bangladesh and others………….Respondents Jud...... leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 69

Abdul Mannan Bhuiyan Vs. State, 2010, 39 CLC (AD)

....t Division, in the premises, are perfectly justified in maintaining the conviction and sentence of the appellant. The appeal is therefore dismissed.  Ed. This Case is also Reported in: ...... Vs. Sorowaraedel, 5BLC, 451; State Vs. Puran Vs. State of Punjub, AIR 1953 SC 459; P.K. Singh Vs. State of Monipur, AIR 1956 SC 9; Suvamania Vs. Gounan Vs. State of Madras, AIR 1958 SC 66; BLAST Vs. Bangladesh, 23BLD 115; State Vs. Fozu Kazi @ Kazi Fazlur Rahman, 29 DLR (SC) 271; Jaigun Bibi Vs. St......llate Division (Civil) Present: Md. Tafazzul Islam J Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Abdul Mannan Bhuiyan………………………….Appellant Vs. The State……………………………Respondent Judgment January 5, 2010. Resu......ing the conviction and sentence of the appellant. The appeal is therefore dismissed.  Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 100

Biman Bangladesh Airlines Limited and others Vs. Md. Moniruzzaman and others, 2011, 40 CLC (AD)

....thers.........Appellants Vs. Md. Moniruzzaman and others...............Respondents Judgment December 1, 2011. Result: The appeal is allowed. Case Referred to- Aleka Khatun Vs. Government of Bangladesh, 61 DLR 693. Lawyers Involved: Zainul Abedin, Advocate-on-Record-For ......(Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md Imman Ali J Md. Mamtaz Uddin Ahmed J Biman Bangladesh Airlines Limited and others.........Appellants Vs. Md. Moniruzzaman and others...........umar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md Imman Ali J Md. Mamtaz Uddin Ahmed J Biman Bangladesh Airlines Limited and others.........Appellants Vs. Md. Moniruzzaman and others...............Respondents Judgment December 1, 2011. Res......by the High Court Division on 18-3-2010 in writ petition No.4480 of 2009. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 56...

Category: Employment/Service Law | Date: | Hits: 111

Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)

....ion (Civil) Present: Surendra Rumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh and others.........Appellants (In all the appeals) Vs. Abdul Motaleb ...... Present: Surendra Rumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh and others.........Appellants (In all the appeals) Vs. Abdul Motaleb & others........Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh and others.........Appellants (In all the appeals) Vs. Abdul Motaleb & others.......................Respondents (In all the appeals) Judgment......o Reported in: 17 BLC (AD) (2012) 50. ..

Category: Property Law | Date: | Hits: 67

Government of the People's Republic of Bangladesh Vs. Nasirur Rahman, 2011, 40 CLC (AD)

....2) 50, 17 MLR (AD) (2012) 89. ...... Court Appellate Division (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Government of the People's Republic of Bangladesh, Represented By the Secretary, Ministry of Women and Children Affairs, Bangladesh Secreta...... Mahmud Hossain J Government of the People's Republic of Bangladesh, Represented By the Secretary, Ministry of Women and Children Affairs, Bangladesh Secretariat and Others………Petitioners Vs. Nasirur Rahman…………………………..Respondents Judgment December 11, 2011. ......gned judgment and order. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 87, 9 LG (AD) (2012) 50, 17 MLR (AD) (2012) 89. ..

Category: Employment/Service Law | Date: | Hits: 119

Government of Bangladesh and Others Vs. Md. Mosharraf Hossain, 2011, 40 CLC (AD)

....sain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Ms. Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh and Others……………..Appellants Vs. Md. Mosharraf Hossain…â......endra Kumar Sinha J Md. Abdul Wahhab Miah J Ms. Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh and Others……………..Appellants Vs. Md. Mosharraf Hossain………………....... Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh and Others……………..Appellants Vs. Md. Mosharraf Hossain……………………………………….Respondents Judgment ...... interference by this Court. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 67...

Category: Employment/Service Law | Date: | Hits: 127

Government of Bangladesh and Others Vs. Himangshu Ranjan Pal, 2011, 40 CLC (AD)

....mel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh and Others………………………Appellant Vs. Himangshu Ranjan P...... Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh and Others………………………Appellant Vs. Himangshu Ranjan Pal…………......un Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh and Others………………………Appellant Vs. Himangshu Ranjan Pal…………………………………………….Respondents Judgm......t, the Civil Petition for Leave to Appeal No.2356 of 2009 is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 64. ..

Category: Administrative Law | Date: | Hits: 240

JMS Glass Industries Ltd. Vs. Customs, Excise and VAT Appellate Tribu­nal and others, 2011, 40 CLC (AD)

....ppeal) against the Order of adjudication passed by the Assistant Commissioner, Customs, Excise and VAT was rejected on the ground that it did not deposit the demanded VAT or 10% of the penalty in the Government treasury pursuant to sec­tion 42 (Ka) of the VAT Act. And then against the said Order of...... discharging the Rule. For the reasons stated hereinbefore, we find no merits in the petition and accordingly, the same is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 43. ...... MA Wahhab MiahJ Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Mamtaz Uddin Ahmed J JMS Glass Industries Ltd............................................Petitioner Vs. Customs, Excise and VAT Appellate Tribu­nal and others...............Respondents Judgment......we find no merits in the petition and accordingly, the same is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 43. ..

Category: Fiscal/Taxation Law | Date: | Hits: 130