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Abdul Qadir and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....l Appellate Jurisdiction) Present: Sheikh Abdul Awal J M. Moazzam Husain J Abdul Qadir and others………………………………………………Petitioners Vs. Government of Bangladesh, represented by the Deputy Commissioner, Narayangonj and others………â€......ervation made above. The order of stay granted earlier by this Court stands vacated. Communicate this Judgment at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 473. ..

Category: Procedural Law | Date: 28 Apr, 2010 | Hits: 4

Amina Khatun and others Vs. State and others, 2010, 39 CLC (HCD)

....enemy or abandoned property after 1969 As per decision of the Appellate Division no property can be declared as enemy property or abandoned property after 1969. It can be relied upon the case of Government of Bangladesh Vs. Paresh Chandra Gharani, 50 DLR(AD) 70 wherein it has been held that whe......n Title Suit No.351 of 1994 is set-aside. Title Suit No.351 of 1994 is decreed. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 106. ..

Category: Property Law | Date: 26 Apr, 2010 | Hits: 9

Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)

....s no effort made to lower the price of CWHEC's bid to the level of the lowest bidder of the 1st Tender and the CWHEC completed the work and withdrawn the bill causing loss of Taka 17,89,01,897 to the Government of Bangladesh and the FIR was lodged under section 409 of the Penal Code read with sectio...... now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 22; 30 BLD (HCD) (2010) 429 ...

Category: Criminal Law | Date: 22 Apr, 2010 | Hits: 107

Kazi Md. Abdul Basit Vs. State, 2010, 39 CLC (HCD)

....tijheel Police Station Case No. 27 dated 06.04.2007 corresponding to G.R. Case No.330 of 2007 under Section 25B and 25D of the Special Powers Act, 1974 taking cognizance without prior sanction by the Government against the accused-petitioner under Section 25B (1) of the Special Powers Act, 1974. ......r arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 219. ..

Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119

Md. Amzad Hossain Sarder alias Bhojey and others Vs. State, 2010, 39 CLC (HCD)

....not inclined to interfere with the impugned order. In the result, the rule is discharged. Communicate the order forthwith. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 416. ......s in the column of comment that the Doctor opined that, "Case and Symptoms: H/I assault followed by following injuries detected on as person". It shows that there was mark of injures on the body of deceased as certified by the Doctor. Further in the inquest report the concerned officer pre..

Category: Evidence Law | Date: 12 Apr, 2010 | Hits: 8

Md. Osman Gani alias Faruq Mia Vs. Deputy Commissioner and others, 2010, 39 CLC (HCD)

....ed: (a) Whether summons were duly served on the defendant, and (b) Whether the defendant has suf­ficient cause for non appearance in spite of the service of summons on him. Mere appearance of the Government Pleader without furnishing Vokalatnama duly signed by the con­cerned authority of the G....... Office is directed to communicate the order at once. Syed Md. Ziaul Karim J.- I Agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 179; 18 BLT (HCD) (2010) 311 . ..

Category: Procedural Law | Date: 6 Apr, 2010 | Hits: 111

Shabnam Vegetable Oil Industries Limited Vs. Commissioner of Customs (Import) and others, 2010, 39 CLC (HCD)

.....238393, 238396 and 238397 all dated 12.07.2007 for releasing the imported goods by way of assessment of applicable duties and taxes, if any. 9. Even though there was no customs duty levied by the Government on 12.07.2007 as envisaged in Section 30(b) of the Act, the respondent No.3 by its orders......4.07.2007. The respondents are hereby directed to release the Bank Guarantees in accordance with law if submitted by the petitioner. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 437. ..

Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 134

Sayeda Nasima Sarwar Vs. Government of Bangladesh, 2010, 39 CLC (HCD)

....Md. Imman Ali J Md. Abu Tariq J Sayeda Nasima Sarwar, wife of Majibar Rahman Sarwar…………………………Petitioner Vs. Government of Bangladesh, Represented by the Secretary, Ministry of Home Affairs, Bangladesh Secreta...... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 350. ..

Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 103

Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)

.... Bangabandhu Sheikh Mujibur Rahman Sudha Sadan, House No.54, Road No.5, Dhanmondi Residential Area, Dhaka……………………......Petitioner Vs. Government of the People’s Republic of Bangladesh, represented by the Secretary for Ministry o......squo;s entirety, but so far as the same relates to the Petitioner only. There will, however, be no order as to costs. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ..

Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228

Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)

....me Court High Court Division (Special Original Jurisdiction) Present: AHM Shamsuddin Choudhury J Borhanuddin J Sheikh Hasina, Former Prime Minister and Chairman, ECNEC, Government of Bangladesh, daughter of the Father of the Nation, Late Bangabandhu Sheikh Mujibur Rahm...... toe, is bound to founder. It has been contended that as per Section 3 of the Durnity Daman Commission Ain, 2007, hereinafter cited as the Ain, read with Section 4 (1), the Commission, is a composite body, consisting of it’s Chairman, henceforth cited as the Chair, and as many other Commission..

Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102

Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....me Court High Court Division (Special Original Jurisdiction) Present: AHM Shamsuddin Choudhury J Borhanuddin J Sheikh Hasina, Former Prime Minister and Chairman, ECNEC, Government of Bangladesh, daughter of the Father of the Nation, Late Bangabandhu Sheikh Mujibur Rahm...... toe, is bound to founder. It has been contended that as per Section 3 of the Durnity Daman Commission Ain, 2007, hereinafter cited as the Ain, read with Section 4 (1), the Commission, is a composite body, consisting of it’s Chairman, henceforth cited as the Chair, and as many other Commission..

Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131

Humayun Khan @ Md. Humayun Khan and another Vs. Anti Corruption Commission and Others, 2010, 39 CLC (HCD)

.... Sales Tax Officer, Ponkunnam and another Vs. K.I. Abraham, AIR 1967 (SC) 1823; Aminul Islam & others Vs. Bangladesh Biman Corporation & others, 2 BLD (HCD) 1; Fazlur Rahman and 38 others Vs. Government of Bangladesh & others, 4 BLC (HCD) 526; Bar Council of Delhi and another (etc.etc.) ......les is hereby vacated. Bail of the petitioners is cancelled. Let a copy of this judgment and order be transmitted at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 409. ..

Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 145

State Vs. Secretary, Ministry of Home Affairs, 2010, 39 CLC (HCD)

....e Madak Drobya Niyantran Ain, 1990. The GRO told him that none appeared to pray for their bail or to take the accused into their custody. He then tried to find out about the Probation Officer and Non-Governmental Safe Custody. But since it was the weekend holiday none was available. He verbally orde......rection that a copy be kept in the dossier of the two learned Magistrates concerned. Md. Abu Tariq J. - I agree. This Case is also Reported in: 16 MLR (AD) (2011) 254; 30 BLD (HCD) (2010) 265. ..

Category: Women and Children | Date: 1 Mar, 2010 | Hits: 177

Ayrin Akhter Lypi Vs. Bahadur Khan and another, 2010, 39 CLC (HCD)

....subject to consent of the trial Court and that the Court would exercise its function judicially before giving such consent which implies that the Court will have to examine the materials on which the Government decides withdrawal of a case from prosecution...................................(11) C.......1 dealt fist blows on her person and forcibly got her down of the floor of her room and forcibly committed rape on her causing multiple injuries on different parts including the private parts of her body. Because of the commission of rape by the accused opposite party No.1 the informant-petitioner,..

Category: Women and Children | Date: 27 Jan, 2010 | Hits: 156

Farida Begum Minu and others Vs. Abdul Jabbar being dead his heirs Md. Nurul Amin and others, 2010, 39 CLC (HCD)

....ed in their names. Plaintiff No.1 and his brother Abdul Karim transferred 23 decimals land from the plot No.138 to Intezam and others and they have been owning and possessing that land. Thereafter Government of Bangladesh acquired 89 decimal land from the plot No.138 by L.A. Case No.159/61-62 Aw......he order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 424. ..

Category: Property Law | Date: 6 Jan, 2010 | Hits: 8

Nuvista Pharma Limited Vs. Chairman, National Board of Revenue & ors, 2010, 39 CLC (AD)

....ake any step for payment of the said arrears VAT liability or did not prefer any appeal. It appears that audit has been conducted by the audi­tors of the Local and Revenue Audit Directorate of the Government based on records such as price declaration, monthly returns and Mushak Challan, copy of......ion and realization of VAT is required to be followed. Section 15 of the VAT Act provides for registration of VAT. According to section 2(b) any person includes business organization, incorporated body and any association, section 18 of the VAT Act, 1991 pro­vides that if any person wants to ch..

Category: Business or Commercial Law | Date: 4 Jan, 2010 | Hits: 4

Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)

.... Sree Sree Kalimata were in possession of the same and with a view to remove any complication in future regarding the deity's title, the shebaits of the kalimata took pattan of the lands from the Government. The recitals in the deed clearly disclosed that the deity is a public debuttor which is ......priated the property for his personal use and the mischief might be aggravated and less likely to be rectified. The deity has also a right of its own to have a suit instituted by a next friend and anybody can act as next friend and if mischief is done by the Shebait, such mischief would be aggravate..

Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94

Government of Bangladesh Vs. Syed Md. Belayet Hossain, 2009, 38 CLC (HCD)

....rted in: 15 MLR (AD) (2010) 512. ......ng and accordingly the above judgment and order of the High Court Division does not call for any interference. The petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 512. ..

Category: Employment/Service Law | Date: 10 Dec, 2009 | Hits: 159

Rezaul Kabir (Md.) and another Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....s 'irregularities' in the appointments of more than 100 people of Barisal City Corporation . Thereafter the Respondent No. 2, Senior Assistant Secretary (Poura), Section- 1, Ministry of Local Government, Rural Development and Co-opera­tives, Local Government Division by Memo dated 4-10-2......ave been passed without any law­ful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 19   ..

Category: Administrative Law, Employment/Service Law | Date: 22 Nov, 2009 | Hits: 3

Human Right and Peace for Bangladesh (HRPB) and another Vs. The Mayor, Dhaka City Corporation and others, 2009, 38 CLC (HCD)

.... we have gone through the provision laid down in section 125 of the Dhaka City Corporation Ordinance, 1983 which is quoted below :- “125. (1) The Corporation may and if so required be the Government shall, provide suitable places for the burial and burning of the dead, and shall take ne......onstruct a boundary wall which has been demolished by the contractor within such period. Stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: 17 Nov, 2009 | Hits: 6