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Bangladesh Forest Industries Development Corporation and others Vs. Sheikh Abdul Jabbar, 2002, 31 CLC (HCD)

....Regulation (2) of Regulation 4 provides that no other enactments except those mentioned in the schedule shall be deemed to be applied in the Chittagong Hill Tracts. It is, however, provided, that the Government may by notification in the Gazette declare that any other enactment shall apply either wh......ainable. For the reasons stated above, we do not find a substance in this Rule, which is discharged without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 488. ..

Category: Civil Law | Date: | Hits: 89

Parul Bala @ Parul Rani Shah Mondol Vs. Suruj Miah and others, 2001, 30 CLC (HCD)

....)68 is disposed of accordingly, the judgments and decrees of, the Courts below are set aside. The suit is decreed in full. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 481.......)68 is disposed of accordingly, the judgments and decrees of, the Courts below are set aside. The suit is decreed in full. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 481...

Category: Property Law | Date: | Hits: 83

Nizam Hazari Vs. State, 2001, 30 CLC (HCD)

....f law on the ground of procedural defect and technicality……………………………………(25) Cases Referred to- Sars Pal Singh Vs. State of Delhi, AIR 1999 (SC) 49, Nesar Ahmed Vs. Government of Bangladesh, DC, Noakhali and others, 49 DLR (AD) 111, Abdul Razzak Talukder Vs. State ...... tried to escape through the southern side of the said Hotel Doush at about 12-30 AM. He jumped on a tank adjacent to southern side of the Hotel. Police personnels secured his arrest and searched his body, one country made pipe-gun and two live cartridges had been recovered from his possession. Conv..

Category: Criminal Law | Date: | Hits: 58

Titas Gas Vs. Immense Washing Plant and others, 2001, 30 CLC (HCD)

....r paid a sum of Taka 1,22,215.48 vide a pay order dated 11-10-2000. The plaintiff was in default in the payment of gas bills which stood at Taka 17,69,974.86 as in March, 2001. Protecting the loss of Government revenue and to save itself, the defendant Titas Gas had no option but to snap the gas con......sumer nor the gas supplier to go and wrangle over each and every dispute in Court. There should be some statutory system for arbitration or conciliation with provisions for appeal to some specialised body as is available in other countries. This is high time for the Government to intervene and provi..

Category: Civil Law | Date: | Hits: 151

Milon @ Shahabuddin Ahmed Vs. State, 2001, 30 CLC (HCD)

.... he deposed falsely at the instance of the informant. He also stated that the deceased had the capability to disclose the names of his assailants. 8. P.W.3 Abdul Mannan was a student of Chittagong Government College at the relevant time and he stated that in the evening of 1-7-1979 he and Shafiqu......eport at 10-30 PM. 2. Inspector Md. Jahurul Islam Chowdhury took up the investigation of the case and visited the place of occurrence. Sub-inspector Md. Shamsul Alam Fakir held inquest on the dead body of Azhar and forwarded the dead body to the morgue for post-mortem examination. Inspector Md. J..

Category: Criminal Law | Date: | Hits: 35

Seastar Shipping Lines Ltd. Vs. Bangladesh & others, 2001, 30 CLC (HCD)

....ract of supply of the cargo in question dated 12-1-1999 the letter of credit was negotiable for 90% value of the rice on submission of inspection certificate by SGS or any other agent approved by the Government of Bangladesh in respect of quality, quantity, packing etc. conforming to contract specif......te of receipt of this order. A copy of this order be sent forthwith to the Prime Minister’s Secretariate and the Ministry of Food. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 449...

Category: Admiralty Law or Maritime Law | Date: | Hits: 212

State Vs. Md. Shamim alias Shamim Sikder and others, 2000, 29 CLC (HCD)

....der alias Md. Ratan are allowed and they are found not guilty to the charges levelled against them and they are acquitted in this case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 439.......im, Nahid, Yousuf, Ratan, Bipul, Royel and Lamu attacked the deceased with their dagger. Accused Shamim gave dagger blow at the back of the deceased and others caused injury in different parts of the body of the deceased. The above named Kazi Jasim and another Jasim tried to resist but the accused p..

Category: Criminal Law | Date: | Hits: 50

Gurvinder Singh Vs. Secretary, Ministry of Finance and others, 1992, 21 CLC (HCD)

....ced to respondent No.3 showing that the petitioner is not liable to pay taxes in Bangladesh because he drew his entire salary in USA where he paid taxes and that there exists an agreement between the Government of USA and the Government of Bangladesh relating to double taxation. Moreover, he is not ...... In the result, this Rule is disposed of on the above observations without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 434. ..

Category: Fiscal/Taxation Law | Date: | Hits: 98

Hamayet Uddin Ahmed Vs. First Court of Settlement, Bangladesh Abandoned Building & others, 2001, 30 CLC (HCD)

.... Uddin Ahmed………….….Petitioner Vs. First Court of Settlement, Bangladesh Abandoned Building & others..………….Respondents Judgment May 8, 2001 Cases Referred To- Government of Bangladesh represented by the Secretary, Ministry of Works Vs. A Jalil, 49 DLR (AD) 26......ons stated here in above the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 426. ..

Category: Property Law | Date: | Hits: 103

Progoti General Insurance Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)

....ase of CIT, Kerala Vs. Travancore Sugars and Chemicals Ltd. reported in 90 ITR 307, took the law that when the transfer of price differential or the windfall profit in favour of the BPC was through a Government decision before it reaches the assessee, the principle of diversion of income by overridi......ormulated by us in the negative and in favour of the assessee petitioner. There will be no order of cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 424, 53 DLR (HCD) (2001) 531. ..

Category: Fiscal/Taxation Law | Date: | Hits: 104

Mainuddin Chowdhury & others Vs. State and another, 2001, 30 CLC (HCD)

....Siddique J Mainuddin Chowdhury & others…………………..Petitioners Vs. State and another…………………..Respondents Judgment April 19, 2001. Cases Referred To- Government of Sindh through the Chief Secretary & 4 others Vs. Haeesa Farooq & 5 others, 199......ent and overt act of the petitioners No.1-3 was alleged in the first information report except the allegation that they had guns in their hands and that the petitioner No.4 dealt a Kirich blow on the body of deceased Morshid Ahmed who died in Chittagong Medical College Hospital 10 days after the occ..

Category: Criminal Law | Date: | Hits: 43

Abdul Mannan and another Vs. Bangladesh, 1999, 28 CLC (HCD)

....on) Present: Kazi Ebadul Hoque J Md. Muzammel Hossain J Abdul Mannan and another……………………..Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Local Government Rural Development and Co-Operative and others…………………….Respondents. Jud...... Petition No.2259 of 1998 are discharged without any order as to costs. The order of stay granted earlier in both Rules are hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 471. ..

Category: Election Law | Date: | Hits: 97

A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)

....ated that whoever desires to make a high rise building in and around the old Airport, must take clearance first from the Civil Aviation Authorities. 22. The Secretary, the Ministry of Defence, the Government of Bangladesh got himself added as respondent 5 and opposed the Rule by filing a separate......ntamount to abdication and surrender of its discretion. It would then not be the authority’s discretion that is exercised, but someone else’s. If an authority surrenders its discretion to another body it acts ultra vires as the principle stated by Venkatachaliah, J in the case of State of UP Vs...

Category: Property Law | Date: | Hits: 125

Osena Begum alias Babuler Ma and another Vs. State, 2003, 32 CLC (HCD)

....r case. Let a copy of this judgment be sent to the learned Additional Sessions Judge for his guidance. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 299. ......Sarail Police Station along with reporter Zaydul Hossain. It was about 10‑00/11‑00 AM. When he asked the police about the case of acid victim Hazera, they told him that they got information but nobody ledged the FIR. They failed to answer properly in their reply to the questions as to why they d..

Category: Criminal Law | Date: | Hits: 49

Mrs. Aruna Sen Vs. Govt. of the Peo­ple's Republic of Bangladesh and others, 1974, 3 CLC (HCD)

....ector-General of Police, Spl. Branch, Rajarbagh, Dacca. 5. The Officer-in-Charge, Mohammadpur, P. S. Dacca………….....Respondents Judgment September 17, 1974. Cases Referred to- Government of West Pakistan and another Vs. Begum Agha Abdul Karim Shorish Kashmiri 21 DLR (SC) 1—......24) 1 KB 171 and Lord Hewart, CJ in Rex Vs. Legislative Committee of the Church Assembly (1928) 1 KB 411, that to enable a superior Court in intervene by a writ of certiorari it was not enough that a body of persons should be charged with a legal autho­rity to determine questions affecting the righ..

Category: Constitutional Law | Date: | Hits: 291

MA Bari and others Vs. Uttara Sarkari Officers Quarter Kallayan Samity and others, 2003, 32 CLC (HCD)

....s Quarter Kallayan Samity and others ...............Respondents Judgment March 1, 2003. Cases Referred to- Zobaida Naher @ Jharna Vs. Khairunnessa, 3 BLC (AD) 170; Nurul Husain (Md.) Vs. Government of Bangladesh, 1 BLC (AD) 219; Chandra Kanta and another Vs. Sheikh Habib, AIR 1975 SC 15......t. 13. Now with regard to whether principle of natural justice is a good ground for review, we hold that it is a good ground for review in view of the accepted position of law discussed above. The body or the Court with the power to decide cannot lawfully proceed to make a decision until it has a..

Category: Others | Date: | Hits: 119

Alam Kabiraj and others Vs. State, 2003, 32 CLC (HCD)

.... Sarder and Bashir Sarder @ Bashar accordingly, directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 273. ......am lodged FIR at 11‑30 hours on 12‑12‑92 in Muladi PS wherein PS case was started and Muladi thana police came to Muladi Health Complex and held inquest at 9‑00 AM on 12‑12‑92 on the dead body of deceased Saha Alam being identified by informant Nazrul Islam. Dead body was sent to morgue ..

Category: Criminal Law | Date: | Hits: 42

Bangladesh House Building Finance Corporation Vs. Md. Abdul Hoque, 2002, 31 CLC (HCD)

.... of the Money Execution Case No. 88 of 1996. Communicate the order to the learned Joint District Judge, Artha Rin Adalat, Jessore at once. Ed. This Case is also Reported in: 55 DLR (2003) 270....... of the Money Execution Case No. 88 of 1996. Communicate the order to the learned Joint District Judge, Artha Rin Adalat, Jessore at once. Ed. This Case is also Reported in: 55 DLR (2003) 270...

Category: Property Law | Date: | Hits: 91

Hossain Khan (Md.) and others Vs. Government of Bangladesh & others, 2001, 30 CLC (HCD)

....Supreme Court High Court Division (Civil Appellate Jurisdiction) Present: Md. Fazlul Haque J NK Chakravartty J Hossain Khan (Md.) and others……………….Petitioners Vs. Government of Bangladesh & others…………….Respondents Judgment December 4, 2001. ......-requisition the land in dispute viz CS Plot No. 692 and instead shall requisition 0.42 acres of land in CS Plot No. 636 belonging to petitioner No.1 only (b) That the respondent No. 3, the requiring body shall pay a compensation of Rs 25,000 within two months from today. The said sum shall be paid ..

Category: Property Law | Date: | Hits: 95

Amirul Islam (Md.) and others Vs. Thana Nirbahi Officer and others, 2000, 29 CLC (HCD)

....itioners have been regularly serving in their respective capacities in the said Madrasha since their appointment. They also received salaries up to April, 1998 and allowances including the portion of Government assistance. Their salaries and allowances were suddenly stopped since May, 1998 without a......his order within four weeks from the date of receipt of a copy of this order. The office is directed to communicate this order at once. Ed. This Case is also Reported in: 52 DLR (2000) 388. ..

Category: Employment/Service Law | Date: | Hits: 84