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Department of Narcotics Control Vs. Crown Beverage Ltd., 2006, 35 CLC (AD)
....ies on business, inter alia, of manufacturing and marketing of bevÂerage products having established a modern factory in Gazipur and after taking necessary licence from the relevant authority of the Government produced, "malt beverage" and the company markets its products under the trade name "Crow......sposal of the appeal. The petitioners are directed to make the appeal ready within 3 (three) months from date for expeditious disposal. Ed. This Case is also Reported in: III ADC (2006) 924. ..Category: Criminal Law | Date: | Hits: 76
Government of Bangladesh Vs. Jahangir Alam and ors., 2005, 34 CLC (AD)
....reme Court Appellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J M.A. Aziz J Amirul Kabir Chowdhury J Government of Bangladesh, represented by the Secretary, Ministry of Planning, Sher-E-Bangla Na......ision in Writ petition Nos. 8254 of 2002 and 4344 of 2003 be stayed till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ..Category: Others | Date: | Hits: 87
Dr. Mohammad Sarwar Ramiz and others Vs. Dr. Shyam Sundar Kundu (FCPS) & ors, 2005, 34 CLC (AD)
....Chowdhury J Dr. Mohammad Sarwar Ramiz and others ......Petitioners (In Civil Petition No. 612 of 2005) Bangladesh represented by the Secretary, Ministry of Health and Family Welfare, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, Raman, Dhaka and others.......ment and order passed by the High Court Division is liable to be interfered with by this Court." "Because the Bangladesh public Service Commission is a self Governed constitutional body and that the PSC recommended the present petitioners as per provision of law as incorpora..Category: Employment/Service Law | Date: | Hits: 86
Fulbaria Market Dokandar Malik Samity Vs. Khatigrastha Dokandar Kallyan Samity, 2005, 34 CLC (AD)
....ker Mahbubuddin Ahmed, learned Senior Advocate appearing for the respondent No. 4 in Civil Petition for Leave to Appeal No. 392 of 2005 submits, inter alia, that the suit property belonged to the Government which was handed over to Dhaka City Corporation and the City Corporation leased out the ......rned Senior Advocate appearing for the petitioners in Civil Petition No. 392 of 2005 submits, inter alia, that an order of mandatory in junction is very sparingly allowed. It can be granted if any body is dispossessed in violation of the order of injunction but in the instant case there was no o..Category: Civil Law | Date: | Hits: 120
Md. Idrisur Rahman Vs. Syed Shahidur Rahman and others, 2005, 34 CLC (AD)
....nt No. 1 instituted Writ Petition No. 2454 of 2004 challenging the order communicated under notification dated 20.04.2004 issued by the Secretary Ministry of Law Justice and Parliamentary Affairs, Government of Bangladesh (respondent No.3,) intimating that the President of the Republic has remov......onstrained to file the instant petition. 6. He further submits that the order of the President of the Republic based on the information of the Supreme Judicial Council, the apex of apex body i.e. Supreme Court, cannot be subject matter of the writ petition. Moreso there being other ef..Category: Others | Date: | Hits: 97
Nurun Nabi Mullah and others Vs. Abdul Karim, 2005, 34 CLC (AD)
.... runs over plot No. 685 covering a area of.15 acre and 0.29 acre of land which previously possessed by the tenants of Barada Kanta Chakravarty now is being possessed the tenants under the Government, that Barada Kanta Chakravarty did not sell .81 acre of land or any land to the plaintif......d was acquired in the said L.A. Case, yet, the D.I.T. abandoned the claim except .2909 acre of land consumed for the road. Once the land is acquired it vests in the government through the requiring body and it does not matter whether it is use or not and the question of abandonment is unknown to..Category: Property Law | Date: | Hits: 40
GM, Rangpur Palli Bidyut Samity Vs. Md. Ali Reza, 2006, 35 CLC (AD)
....a correct decision. There is no cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 600, 12 BLC (AD) 7. ......ecision reported in 50 DLR 411 wherein it was held that the implementation of such a decree passed by a competent court is the constitutional obligation of the present petitioner which is a statutory body and therefore, we do not find any substance in the submission of learned Advocate. 8. In th..Category: Employment/Service Law | Date: | Hits: 181
Esquire Electronics Ltd. Vs. Bangladesh, 2007, 36 CLC (AD)
.... value declared by the petitioner. 3. That the case of the petitioner, in short, is that the petitioner in course of his business following the import policy of the Government and the Customs Act, 1969, imported 114 sets of General Brand Split type air......r Rahman on the other." 9. On the above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner. The petition is dismissed. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 126
Serajul Hoque (Md) Vs. Government of BanglaÂdesh, 2007, 36 CLC (AD)
....: Syed JR Mudassir Husain CJ MM Ruhul Amin J A Kabir Chowdhury J Serajul Hoque (Md)...........................................................Petitioner Vs. Government of Bangladesh represented by the Secretary, Ministry of Shipping and others.......R......ision upon proper assessment of the materials on' record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the petitions are dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 59
Sayeda Shajada Hossain & another Vs. Wega Fashion Sweater (Pvt) Ltd & ors., 2007, 36 CLC (AD)
.... them prior notice or chance of being heard. The further case is that the land of the writ petitioners was allotted to the appellant in CA No. 62 of 2004 (Wega Fashion Sweater Pvt Ltd) by altering Government's earlier decision. The further case is that one Mrs. Madlena D Rozario purchased the la......e and interest, if any, of the original owners extinguished. It was also held that the Government had no authority to release the property under the law in favour of either the original owner or anybody else and Government may also use such land for similar other public purposes. 8. Theref..Category: Property Law | Date: | Hits: 37
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2007, 36 CLC (AD)
.... correct principle of law as applicable in the present case, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. ......of the matter, "impracticability" relates to the internal mechanism of the Company and not to any external influence brought about by legally sanctioned conditions imposed by a regulatory body constituted under the law and so, in an application for condonation of delay in holding Annual..Category: Business or Commercial Law | Date: | Hits: 99
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ....... This is all the more necessary and required in view of the fundamental right guaranteed to them as enshrined under Article 31 of the Constitution that no action detrimental to the life, liberty and body shall be taken against any citizen except in accordance with law. Article 31 of the Constitutio..Category: Criminal Law | Date: | Hits: 213
Serajul Islam (Md) Vs. The Director General of Food, 1990, 19 CLC (AD)
.... to Appeal No. 64 of 1990. (From judgment and order dated 18.2.90 passed by the High Court Division, Dhaka, in Writ Petition No. 309 of 1990). Judgment Shahabuddin Ahmed CJ. - Petitioner, a Government servant, is seeking leave to appeal from an order of the High Court Division dated 18 Feb......the High Court Division rightly found a bar to its jurisdiction under Article 102 of the ConstituÂtion. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 199. ..Category: Constitutional Law | Date: | Hits: 159
NBR, Government of Bangladesh and anr Vs. M/S. Bata Shoe CompaÂny (BD) Ltd., 1990, 19 CLC (AD)
....1990) 195. ......st Secretary (Excise-2), National Board of Revenue. In the result, the appeal is dismissed, but there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 195. ..Category: Fiscal/Taxation Law | Date: | Hits: 114
State Vs. Mohammad Khan and others, 1990, 19 CLC (AD)
.... (1990) 192. ......ather and he died at once. He also denied the defence suggestion that the accused persons have been falsely implicated in this case. PW 10 Dr. Lutfor Rahman held post morÂtem examination on the dead body of deceased BabuÂjan Chowkidar and extracted the iron made chal conÂsisting of three kata fro..Category: Criminal Law | Date: | Hits: 117
Bangladesh Vs. Md. Ibrahim Bepari and others, 1989, 18 CLC (AD)
....cial leave granted to the appellants, BanglaÂdesh and another, to examine the legality and proÂpriety of a decree for specific performance of a conÂtract for sale of a residential flat in Chandpur Government Housing Estate. The decree was passed by the Munsif, Chandpur, is T.S. No. 74 of 1975; it......ismissed. No order as to costs. Ex parte order passed by this Court on 26.11.87 is vacated in respect of respondent No.1 only. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 184. ..Category: Property Law | Date: | Hits: 40
Laizu Begum and others Vs. Election Commission and others, 1989, 18 CLC (AD)
....€¦â€¦â€¦.Respondents (In all the appeals) Judgment November 14, 1989. Result: The appeals are dismissed. The Union Parishad (Election) Rules, 1983 Rules 6, 9, 26 & 29 The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), section 26 Harmonious interpretation ......ssary. 9. In the three instant cases, the change of the polling stations is found to have been made by the local administration on the ground of security—a fact which has not been disputed by anybody. In the previous election held on 10 February 1988, polling was stopped in these stations due t..Category: Election Law | Date: | Hits: 163
Atiqur Rahman and anÂother Vs. State, 1989, 18 CLC (AD)
....eÂport, to the police who treated it as the first information report and registered a case on 17 OctoÂber 1983. In due course, the police investigated the case and after obtaining sanction from the Government submitted Charge-sheet against the two appelÂlants and one Ratan chandra Sarkar, Assista......t Fishery OffiÂcer (appellant No.1), they were not challenged at all. Inclusion of the adjacent fishery in his Lease Deed was in his interest and in the absence of any suggesÂtion of enmity with anybody it must be held that the inclusion was made at his instance. As such his plea of innocence was ..Category: Criminal Law | Date: | Hits: 45
Abed Ali Vs. State, 1990, 19 CLC (AD)
....ve felt obliged under the law to sustain the order of conviction and sentence. In the result, therefore, the appeal is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 171. ......as per his own statement is a literate man and being a commander of Liberation War is well conversant with the use of various arms and knowing the result of such fatal blow in the viÂtal part of the body, he committed gruesome murder of 2 young men and attempted on third who however narrowly escape..Category: Criminal Law | Date: | Hits: 65
Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)
....ted in the importer inasmuch as the respondent had acted upon assurance that the favourable terms mentioned in the earlier Notification will be applicable to him. He acted upon this assurance and now Government cannot retrace its steps and say that he will have to pay Customs duty at the rate mentio...... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ..Category: Fiscal/Taxation Law | Date: | Hits: 153
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