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....at cannot be negated and no Court other than the one designated by law can assume or arrogate to itself the jurisdiction it is not invested with.
16. By SRO 124-L/86/SVI/LC-56/83 dated 16-4-86 the Government in exercise of powers conferred under sub-section (1) of section 35 of Industrial Relatio......permission for cancellation of registration of the Union is tantamount to taking away of the right of the employees to form trade union guaranteed under the Constitution of the People’s Republic of Bangladesh.
13. Respondent No.2 (The Registrar of Trade Unions) has opposed the Rule by filing an......
(Special Original Jurisdiction)
Present:
Mainur Reza Chowdhury J
MA Aziz J
Grameen Bank Karmachari Union………………..Petitioner
Vs.
Member, Labour Appellate Tribunal Dhaka and others……………………..Respondents
Judgment
October 28, 1998.
Lawyers Involve......ed in: 51 DLR (HCD) (1999) 179.
..
Category: Labour and Industrial Law | Date: | Hits: 186
Joynal Abedin (Md) Vs. Gurupada Chakraborty and others, 2002, 31 CLC (HCD)
.... Communicate the order at once to the learned Senior Assistant Judge, Chandina in Comilla for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 230. ...... also for recovery for possession in the scheduled property. 3. During the pendency of the suit plaintiff Gurupada Chakraborty went to India and fell ill. As the plaintiff was unable to return to Bangladesh promptly, he appointed Md. Arab Ali Master as his constituted attorney to conduct the sui...... Court High Court Division (Civil Revisional Jurisdiction) Present: Gour Gopal Saha J Joynal Abedin (Md) ......................................Petitioner Vs. Gurupada Chakraborty and others...................Opposite Parties Judgment November 20, 2002. Case Referred to-......R (HCD) (2004) 230. ..Category: Property Law | Date: | Hits: 65
Salim (Md) Vs. Commissioner of Customs and others, 2003, 32 CLC (HCD)
....ce the imported goods would fetch on a sale in the international market between a buyer and seller independent of each other. Sub‑section (7) of section 25 of the Customs Act no doubt, empowers the Government to fix by notification in the official gazette tariff value for the goods imported or exp......rn the bank guarantee, if any they received, within a period of 30 days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 228. ......al Original Jurisdiction) Present: Md. Abdur Rashid J S Rahman Miah J Salim (Md)……………………………………………………..Petitioner Vs. Commissioner of Customs and others ………….Respondents Judgment July 7, 2003. Case Referred to- Mustafa Kam...... High Court Division (Special Original Jurisdiction) Present: Md. Abdur Rashid J S Rahman Miah J Salim (Md)……………………………………………………..Petitioner Vs. Commissioner of Customs and others ………….Respondents Judgment July 7, 2003. C..Category: Fiscal/Taxation Law | Date: | Hits: 78
H.M.A. Sattar Vs. Government of People's Republic of Bangladesh, 2009, 38 CLC (AD)
....reme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J H.M.A. Sattar.....................Petitioner Vs. Government of People's Republic of Bangladesh, represented by the Secretary, Ministry of Education, ...... (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J H.M.A. Sattar.....................Petitioner Vs. Government of People's Republic of Bangladesh, represented by the Secretary, Ministry of Education, Bangladesh Secretariate, Ramna, Dha......n J H.M.A. Sattar.....................Petitioner Vs. Government of People's Republic of Bangladesh, represented by the Secretary, Ministry of Education, Bangladesh Secretariate, Ramna, Dhaka and others.................Respondents Judgment March 23, 2009. Lawyers Involved: Md. Na......1. ..Category: Civil Law | Date: | Hits: 90
Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 2002, 31 CLC (HCD)
....e Metropolitan Chamber of Commerce and Industry for arbitration in accordance with clause 18 of the contract. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 224. ...... (HCD) (2004) 224. ......ivision (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J Bangladesh Jute Mills Corporation.............................Petitioner Vs. Maico Jute and Bag Corporation and others ...............Opposite Parties Judgment April 8, 2002. Resu......rt High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J Bangladesh Jute Mills Corporation.............................Petitioner Vs. Maico Jute and Bag Corporation and others ...............Opposite Parties Judgment Apri..Category: Alternative Dispute Resolution | Date: | Hits: 245
Loskor Md Mostan Billah Vs. State, 2002, 31 CLC (HCD)
....of Act 11 of 1947 and (7) seven witnesses have already been examined out of 10 (ten) witnesses cited in the charge-sheet. At this stage the Special Public Prosecutor, Khulna enclosing a letter of the Government filed an application on 10‑10‑2001 for withdrawal of the accused petitioner from pros......herefore, has no substance. In the result, the Rule is discharged. The order of stay passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 199. ...... 54 = 52 DLR (AD) 8. Lawyers Involved: SM Obaidul Haque, Advocate-For the Petitioner. Md Abdur Rouf Deputy Attorney‑General with Roushan Ara Begum, Assistant Attorney‑General and Fara Mahmuda, Assistant Attorney‑General‑For the State-Respondent. Criminal Revision ...... Court Division (Criminal Revisional Jurisdiction) Present: Amirul Kabir Chowdhury J Md. Nizamul Huq J Loskor Md. Mostan Billah……………….Petitioner Vs. State……………………………………………….Respondents Judgment ..Category: Criminal Law | Date: | Hits: 56
Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)
....e Code of Criminal Procedure (for short The Code) can be glanced at which runs thus: "174. (1) The officer‑in‑charge of a police station or some other police officer specially empowered by the Government in that behalf, on receiving information that a person‑ (a) has committed suicide, o.............Appellants Vs. State represented by the DC.................Respondent Judgment April 5, 2003. Cases Referred to- Rameshwar Dayal and others Vs. State of UP, AIR 1978 SC 1558; Bangladesh (State) Vs. Paran Chandra Baroi, 1986 BCR (AD) 225; Asadur Rahman alias Asad and others V......d. This Case is also Reported in: 56 DLR (HCD) (2004)174. ......D) (2004)174. ..Category: Criminal Law | Date: | Hits: 54
Salahuddin Talukder (Md) Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....al Jurisdiction) Present: SAN Mominur Rahman J Md. Arayes Uddin J Salahuddin Talukder (Md).....................................................Petitioner Vs. Government of the People's Republic of Bangladesh.................Respondent Judgment ...... SAN Mominur Rahman J Md. Arayes Uddin J Salahuddin Talukder (Md).....................................................Petitioner Vs. Government of the People's Republic of Bangladesh.................Respondent Judgment April 16, 2002. Cases Referred t........Petitioner Vs. Government of the People's Republic of Bangladesh.................Respondent Judgment April 16, 2002. Cases Referred to- Azizul Haque Sikder and others Vs. Collector of Customs, Chittagong and others 49 DLR (AD) 172; Mujibur Rahman Vs. Gover......cial Original Jurisdiction) Present: SAN Mominur Rahman J Md. Arayes Uddin J Salahuddin Talukder (Md).....................................................Petitioner Vs. Government of the People's Republic of Bangladesh.................Respondent Judgm..Category: Employment/Service Law | Date: | Hits: 116
Ocean Containers Ltd. Vs. Government of BanglaÂdesh and others, 2002, 31 CLC (HCD)
....High Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Abdus Salam Mamun J Ocean Containers Ltd………………………..………….Petitioner Vs. Government of BanglaÂdesh and others.........Respondents Judgment December 10, 2002. Cases...... as it has been so intended by clause 2 thereof. 7. Section 46A was inserted in the Income Tax Ordinance, 1984 by the Finance Act, 1995 providing for tax exemption to certain undertaking set up in Bangladesh between 1st July, 1995 and 30th day of June, 2000 (both days inclusive) provided it was, ......ecial Original Jurisdiction) Present: Md. Joynul Abedin J Abdus Salam Mamun J Ocean Containers Ltd………………………..………….Petitioner Vs. Government of BanglaÂdesh and others.........Respondents Judgment December 10, 2002. Cases Referred To- Ahmadabad ......urt High Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Abdus Salam Mamun J Ocean Containers Ltd………………………..………….Petitioner Vs. Government of BanglaÂdesh and others.........Respondents Judgment December 10, 2002. ..Category: Fiscal/Taxation Law | Date: | Hits: 86
Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)
....ury and another 51 DLR (AD) 242=4 MLR (AD) 291 an observation has been recorded by Appellate Division in the terms that since there is a Law Commission in Bangladesh the matter may be referred by the Government before the Law Commission for incorporating a section in the Code of Criminal Procedure f......set out. In State Vs. Abdul Wahab Shah Chowdhury and another 51 DLR (AD) 242=4 MLR (AD) 291 an observation has been recorded by Appellate Division in the terms that since there is a Law Commission in Bangladesh the matter may be referred by the Government before the Law Commission for incorporating ...... Court Division (Criminal miscellaneous Jurisdiction) Present: A K Badrul Haq J Nazrul Islam Chowdhury J Patwary Rafiquddin Haider……............Accused-Petitioner Vs. State and another ……….................Opposite Parties Judgment May 8, 2002. Cases Referre......Court High Court Division (Criminal miscellaneous Jurisdiction) Present: A K Badrul Haq J Nazrul Islam Chowdhury J Patwary Rafiquddin Haider……............Accused-Petitioner Vs. State and another ……….................Opposite Parties Judgment May 8, 2002. ..Category: Criminal Law | Date: | Hits: 79
....ad Fazlul Karim J
Md. Joynul Abedin J
Shah Abu Nayeem Mominur Rahman J
Syed Afsaruddin....................Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh and others....…………..Respondents
Judgmen...... Court
Appellate Division
(Civil)
Present:
Mohammad Fazlul Karim J
Md. Joynul Abedin J
Shah Abu Nayeem Mominur Rahman J
Syed Afsaruddin....................Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Works, Government of the People's Republic of ...... Abu Nayeem Mominur Rahman J
Syed Afsaruddin....................Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh and others....…………..Respondents
Judgment
June 21, 2009.
Cases Referred To-
Rawsh......
Supreme Court
Appellate Division
(Civil)
Present:
Mohammad Fazlul Karim J
Md. Joynul Abedin J
Shah Abu Nayeem Mominur Rahman J
Syed Afsaruddin....................Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Works, Government of the People's Repu..
Category: Property Law | Date: | Hits: 54
Russel Vegetable Oil Ltd. Vs. Collector of Customs and others, 2000, 29 CLC (HCD)
....635.00 per metric ton which has been challenged by the petitioner. 8. Mr. Zainul Abedin, the learned Advocate appearing on behalf of the petitioner placed before us a copy of the SRO issued by the Government of Bangladesh, Ministry of Finance Internal Resources Division (Customs) dated 28-10-93 t......ric ton which has been challenged by the petitioner. 8. Mr. Zainul Abedin, the learned Advocate appearing on behalf of the petitioner placed before us a copy of the SRO issued by the Government of Bangladesh, Ministry of Finance Internal Resources Division (Customs) dated 28-10-93 to show us that......Court Division (Special Original Jurisdiction) Present: Kazi AT Manowaruddin J Md. Arayesuddin J Russel Vegetable Oil Ltd……………….Petitioner Vs. Collector of Customs and others………Respondents Judgment January 27, 2000. Result: Both the Rules are ......382. ..Category: Fiscal/Taxation Law | Date: | Hits: 79
Abdul Ahad @ Md. Abdul Ahad Vs. State, 2000, 29 CLC (HCD)
....86 pending in the Court of Upazila Magistrate, Jagannathpur, District Sunamganj are quashed. The Rule is accordingly, made absolute. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 379.......akistan, Sessions Judges have been given revisional powers to make final orders but at the same time, their powers under section 438 to recommend to the High Court for orders have been taken away. In Bangladesh, Sessions Judges have been given revisional powers to make final orders but simultaneousl...... SK Sinha J.- Points involved in this Rule are, whether a Magistrate can initiate a proceeding under section 188 of the Penal Code for alleged violation of his order without making a formal complaint and that whether a revision petition under section 438 of the Code of Criminal Procedure against an ......0) 379...Category: Criminal Law | Date: | Hits: 57
Commissioner of Taxes Vs. Bangladesh Rural Advancement Committee (BRAC), 1999, 28 CLC (HCD)
....3 was legally justified in its direction to treat income of BRAC Printers Limited and Arong exempt from tax in so far as these enterprises are engaged in earning profit and the circular issued by the Government under Memo No.ERD/NGO-11/Sc-86/586 dated 03-09-86 cannot override the provisions of Incom......eme Court High Court Division (Statutory Civil Original Jurisdiction) Present: Mahmudul Amin Choudhury J Md. Abdul Aziz J Commissioner of Taxes……………… Applicant Vs. Bangladesh Rural Advancement Committee (BRAC)……………..Respondent Judgment February 3,......have been filed by the Revenue under section 160 of the Income Tax Ordinance, 1984 which arose out of two orders of the same nature in respect of ITA No. 55 of 1994-95 for the assessment year 1989-90 and ITA No. 552 of 1994-95 for the assessment year 1990-91 passed by the Taxes Appellate Tribunal, D....... ..Category: Fiscal/Taxation Law | Date: | Hits: 99
....sions Judge, Dhaka is declared to have been issued illegally and the same is without any lawful authority and to be of no legal effect.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 145.......
This Case is also Reported in: 51 DLR (HCD) (1999) 145.......iginal Jurisdiction)
Present:
Qazi Shafiuddin J
Syed JR Mudassir Husain J
Arab Bangladesh Bank Ltd…………..Petitioner
Vs.
Md. Shahiduzzaman DD, Bureau of Anti Corruption, Dhaka and others…………Respondents
Judgment
February 12, 1998.
Lawyers Involved:
Rafique-......1999) 145...
Category: Criminal Law | Date: | Hits: 41
Islamic Foundation Bangladesh Vs. Firoz Alam and others, 1997, 26 CLC (HCD)
....1-11-1995 passed by this Court staying the operation of the impugned judgment and decree passed by the trial Court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 141. ......orted in: 51 DLR (HCD) (1999) 141. ......o Appeal here. Supreme Court High Court Division (Civil) Present: Md. Gholam Rabbani J Md. Joynul Abedin J Islamic Foundation Bangladesh ……….Petitioner Vs Firoz Alam and others………Opposite Parties Judgment May 20, 1997. Cases Referred To- 32 DLR (AD......1-11-1995 passed by this Court staying the operation of the impugned judgment and decree passed by the trial Court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 141. ..Category: Property Law | Date: | Hits: 116
....ision
(Special Original Jurisdiction)
Present:
Md. Fazlul Haque J
Md. Abdul Matin J
Mainul Haque (Md.)………………….Petitioner
Vs.
Secretary, Ministry of Water Resources, Government of the People’s Republic of Bangladesh, Bangladesh Secretariat Dhaka and others……â€......
Present:
Md. Fazlul Haque J
Md. Abdul Matin J
Mainul Haque (Md.)………………….Petitioner
Vs.
Secretary, Ministry of Water Resources, Government of the People’s Republic of Bangladesh, Bangladesh Secretariat Dhaka and others………Respondents
Judgment
October 26, 1......Abdul Matin J
Mainul Haque (Md.)………………….Petitioner
Vs.
Secretary, Ministry of Water Resources, Government of the People’s Republic of Bangladesh, Bangladesh Secretariat Dhaka and others………Respondents
Judgment
October 26, 1998.
Case Referred To-
Mir Alauddin......CD) (1999) 136...
Category: Employment/Service Law | Date: | Hits: 72
A. F. M. Obaidur Rahman Vs. Md. Asgar Ali and others, 2003, 32 CLC (AD)
....ny infirmity in the impugned judgment of the High Court Division for interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 34, 63 DLR (AD) (2011) 80. ......3 DLR (AD) (2011) 80. ......pellate Division (Civil) Present: K M Hasan CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J A. F. M. Obaidur Rahman, Secretary General of Bangladesh Red Crescent Society, Attorney and others………………......Petitioners Vs. Md. Asgar Ali and others……………...........asan CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J A. F. M. Obaidur Rahman, Secretary General of Bangladesh Red Crescent Society, Attorney and others………………......Petitioners Vs. Md. Asgar Ali and others……………......Respondents Judgment November 19, 2003. ..Category: Civil Law | Date: | Hits: 116
State Vs. Mukta Khan and another, 2011, 40 CLC (AD)
....ith this observation the leave petition is dismissed as infructuous. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 33, 16 MLR (AD) (2011) 92, 8 LG (AD) (2011) 69, 31 BLD(AD) (2011) 110. ......record. 5. Apparently this petition has become infructuous. 6. Before parting with this matter we would like to reiterate that any decision passed by this Division is binding upon all Courts in Bangladesh and no Judge can ignore it. If he does it may not only be contemptuous but also tantamoun......riminal) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J The State represented by the Deputy Commissioner, Dhaka………………......Petitioner Vs. Mukta Khan and another……………………..Respondents Judgment February 1, 2011. Case Referred T......ate Division (Criminal) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J The State represented by the Deputy Commissioner, Dhaka………………......Petitioner Vs. Mukta Khan and another……………………..Respondents Judgment February 1, 2011. ..Category: Criminal Law | Date: | Hits: 55
....lul Karim
Md. Joynul Abedin J
Md. Hassan Ameen J
Azam Khan Chowdhury Waqf Estate, represented by its Official Mutwalli-Al Haj Shah Shajiadur Rahman………………Petitioner
Vs.
The Government of the People's Republic of Bangladesh and others........Respondents
Judgment
Janua....... Hassan Ameen J
Azam Khan Chowdhury Waqf Estate, represented by its Official Mutwalli-Al Haj Shah Shajiadur Rahman………………Petitioner
Vs.
The Government of the People's Republic of Bangladesh and others........Respondents
Judgment
January 23, 2008.
Lawyers Involved:
Nu......een J
Azam Khan Chowdhury Waqf Estate, represented by its Official Mutwalli-Al Haj Shah Shajiadur Rahman………………Petitioner
Vs.
The Government of the People's Republic of Bangladesh and others........Respondents
Judgment
January 23, 2008.
Lawyers Involved:
Nurul Islam B......ohammad Fazlul Karim
Md. Joynul Abedin J
Md. Hassan Ameen J
Azam Khan Chowdhury Waqf Estate, represented by its Official Mutwalli-Al Haj Shah Shajiadur Rahman………………Petitioner
Vs.
The Government of the People's Republic of Bangladesh and others........Respondents
Judgme..
Category: Property Law | Date: | Hits: 71
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